Commentary on Sections Section 5: Enabling destruction
30.Under Article 3 of the Convention States Parties are obliged to destroy all the cluster munitions under their jurisdiction and control.
31.Subsections (1) to (6) provide defences for prohibited conduct in the cases of:
	possession of a prohibited munition for the purpose of enabling it to be destroyed (where a person is charged with an offence under section 2(1)(e)) (see subsection (1))
	transferring a prohibited munition to enable it to be destroyed (where a person is charged with an offence under section 2(1)(f)) (see subsection (2))
	making arrangements for transfer by another of a prohibited munition, to enable it to be destroyed (where a person is charged with an offence under section 2(1)(g)) (see subsection (3))
	acquiring a prohibited munition, by means of a transfer for the purpose of enabling its destruction, for the same purpose (where a person is charged with an offence under section 2(1)(c)) (see subsection (4))
	making arrangements for the acquisition by another person of a prohibited munition if at the time the arranger had reasonable cause to believe that the acquisition would be by a transfer for the purpose of enabling destruction, and the arrangements made were to enable the prohibited munition to be destroyed (where a person is charged with an offence under section 2(1)(d)) (see subsection (5))
	assisting, encouraging or inducing another person to engage in conduct mentioned in section 2(1) if it was believed that other person would have had a defence relating to enabling the destruction of a prohibited munition under subsections (1) to (5) (where a person is charged with an offence under section 2(2)) (see subsection (6)).