Cluster Munitions And Anti-Personnel Mines Act 2008
10.— (1) Section 9 does not apply to—
(a) the acquisition, possession, use, retention, emplacement or transfer of an anti-personnel mine by a member of the Defence Forces in accordance with an authorisation under subsection (2) that is in force, or
(b) the possession, retention or transfer of an anti-personnel mine—
(i) by a member of the Defence Forces in the course of his or her duties for the purpose of—
(I) rendering that anti-personnel mine harmless, or
(II) the future destruction of that anti-personnel mine,
(ii) by a member of the Garda Síochána—
(I) in the exercise of any power conferred by law on that member to seize and retain an anti-personnel mine in connection with any criminal proceedings, or
(II) for the purpose of delivering that anti-personnel mine to the Defence Forces for destruction, or
(iii) by any other person appointed by the Minister by warrant in writing, in the course of that person’s duties for the purpose of delivering that anti-personnel mine to the Defence Forces for destruction.
(2) The Minister for Defence, in consultation with the Minister, may, by notice in writing, authorise the Chief of Staff of the Defence Forces—
(a) subject to subsection (3), to acquire, retain or transfer a specified number of anti-personnel mines for the purposes of the development of, or training in, mine detection, mine clearance or mine destruction techniques by the Defence Forces, or
(b) to permit the Defence Forces to transfer to an appropriate authority of an Anti-Personnel Mine Ban Convention state a specified number of anti-personnel mines for the purpose of their destruction.
(3) The number of anti-personnel mines specified in a notice under paragraph (a) of subsection (2) shall not exceed the minimum number absolutely necessary for the purposes mentioned in that paragraph.