Prohibition of Nuclear Weapons Act 2019

Publication Date:January 01, 2019
 
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Prohibition of Nuclear Weapons Act 2019

2019 40

An Act to give effect to the Treaty on the Prohibition of Nuclear Weapons done at New York on 7 July 2017 and for those purposes to provide for offences relating to acts prohibited by that Treaty; and to provide for related matters.

[11 December 2019]

Be it enacted by the Oireachtas as follows:

S-1 Definitions

1 Definitions

1. In this Act—

“act” includes omission and a reference to the committing of an act includes a reference to the making of an omission;

“hostile purpose” means, in relation to a nuclear weapon or other nuclear explosive device, for the purpose of causing, or being likely to cause, death or serious injury to any person or substantial damage to property or the environment;

“nuclear weapon or other nuclear explosive device” means any weapon or other explosive device capable of releasing nuclear energy that is designed for a hostile purpose or for use in armed conflict, and includes such a weapon or device in unassembled or partly assembled forms but does not include the means of transport or delivery of such a weapon or device if separable from, and not an indivisible part of, such a weapon or device;

“transfer” means, in relation to a nuclear weapon or other nuclear explosive device—

(a) the physical transfer or movement of a nuclear weapon or other nuclear explosive device, or

(b) the transfer of title to, or control over, a nuclear weapon or other nuclear explosive device;

“Treaty” means the Treaty on the Prohibition of Nuclear Weapons done at New York on 7 July 2017, the text of which is set out in the Schedule for convenience of reference.

S-2 Offences

2 Offences

(1) It shall be an offence for a person to—

(a)

develop, produce, manufacture, acquire or possess,

(b)

transfer, directly or indirectly, to any person,

(c)

receive the transfer, directly or indirectly, of,

(d)

use or threaten to use, or

(e)

station, install or deploy,

a nuclear weapon or other nuclear explosive device.

(2) A person who assists, encourages or induces the commission of an offence under subsection (1) shall be guilty of an offence.

(3) A person who seeks or receives assistance from any person to commit an offence under subsection (1) shall be guilty of an offence.

(4) In proceedings for an offence under this Act, a weapon or other explosive device capable of releasing nuclear energy is presumed to be designed for a hostile purpose or for use in armed conflict unless the court or jury, as the case may be, is satisfied, having regard to the whole of the evidence, that there is a reasonable doubt that it is so designed.

S-3 Offences outside State

3 Offences outside State

(1) A person who, in a place outside the State, commits an act that would, if the act occurred in the State, constitute an offence under section 2, shall be guilty of an offence if—

(a)

the act is committed on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955,

(b)

the act is committed on board an aircraft registered in the State, or

(c)

the person is a member of the Defence Forces.

(2) A person to whom subsection (1) applies who attempts, in a place outside the State, to commit an offence to which that subsection refers shall be guilty of an offence.

(3) Proceedings for an offence under this section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in...

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