CHEMICAL WEAPONS (PROHIBITION) ACT 1994
CHEMICAL WEAPONS (PROHIBITION) ACT 1994
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Object of Act
4. Extension to external Territories
5. Extra - territorial operation of Act
6. Act binds the Crown
7. Definitions
8. Approved forms and approved procedures
8A. Electronic lodgment
8B. Regulations may define consumption , processing and production of chemicals
9. Conduct by directors, employees and agents
10. Determining aggregate amounts of chemicals
11. Application of Act
11A. Application of the Criminal Code
PART 2--OFFENCES--RELATING TO CHEMICAL WEAPONS
12. Offences relating to chemical weapons
13. Notification of finding of substances or articles believed to be chemical weapons
14. Forfeiture and seizure of chemical weapons
PART 3--PERMITS--AND NOTIFICATIONS CONCERNING CERTAIN FACILITIES
15. Outline of this Part
Division 1--Permits
16. When is a permit required?
17. Applications for permits
18. Grant of permits
19. Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals
19A. Automatic renewal of permits
20. Non - automatic renewal of permits
21. Renewals not able to be dealt with within time
22. Conditions relating to a permit facility
23. Variation of permits
24. Transfer of permits
24A. Transfer of permits--notification by previous permit holder
25. Revocation of permits
26. Notice of certain decisions
27. Review of decisions
Division 2--Notifications
28. When is a notification required?
29. Making notifications required under section 28
PART 4--RECORD--KEEPING AND INFORMATION GATHERING
30. Record keeping obligations in relation to certain facilities
31. Director may seek information for declarations and consultation purposes
PART 5--VERIFICATION--PROCEDURES
32. Outline of this Part
Division 1--Compliance inspections by national inspectors
33. Compliance purpose
34. Inspection powers
35. Compliance inspections by national inspectors
36. Period within which compliance inspection may be carried out
Division 2--International compliance inspections
37. International compliance purpose
38. International inspection powers
39. Routine international compliance inspections of Schedule 1 facilities
40. Routine international compliance inspections of facilities dealing with Schedule 2 chemicals
41. Routine international compliance inspections of facilities dealing with Schedule 3 chemicals
42. Routine international compliance inspections of OCP facilities
43. Inspectors not entitled to exercise powers under this Division in certain circumstances
44. Incidence of routine international compliance inspections
Division 3--Challenge inspections
45. Challenge inspection purposes
46. Challenge inspection powers
47. Challenge inspections
48. Observers
49. Clarification procedures
Division 4--Warrants relating to compliance and challenge inspections
50. Compliance inspection warrants
51. International compliance inspection warrants
52. Challenge inspection warrants
53. Duration of inspection period
54. Ministerial extension of inspection periods
55. Challenge inspection warrant to authorise presence of an observer
Division 5--Offence-related searches and seizures
56. Definition
57. Offence - related searches and seizures
58. Offence - related warrants
59. The things that are authorised by search warrant
60. Specific powers available to national inspectors executing warrants
61. Use of equipment to examine or process things
62. Use of electronic equipment at premises
63. Warrants by telephone or other electronic means
64. Retention of things which are seized
65. Court of summary jurisdiction may permit a thing to be retained
Division 6--Miscellaneous provisions relating to warrants
66. Announcement before entry
67. Availability of assistance and use of force in executing warrant
68. Details of warrant to be given to occupier etc.
69. Copies of seized things to be provided
70. Compensation for damage to electronic equipment
71. Offence of making false statements in applications for warrant
72. Offences relating to telephone warrants
Division 7--Manner of conducting international compliance and challenge inspections--facility agreements and managed access
73. Initial inspection plan
74. Initial inspection plan and conduct of inspection to be consistent with facility agreement
75. Managed access
Division 8--Facility agreements
76. Facility agreements
PART 6--OFFENCES
77. Production etc. of Scheduled chemicals otherwise than in accordance with permit
78. Breach of condition of permit
79. Interference with monitoring equipment
80. False or misleading statements and documents
81. Forfeiture
82. Hearing to be in private in certain circumstances
83. Register of Permits and Notifications
84. Evidence of analyst
85. Equipment or material approved by Organization
PART 7--ADMINISTRATION
Division 1--Director of Chemical Weapons Convention Office
86. Director of the Chemical Weapons Convention Office
87. Functions of Director
88. The Chemical Weapons Convention Office
89. Delegation by Director
Division 2--Controller of Permits and Notifications
90. Controller of Permits and Notifications
91. Function of the Controller
Division 3--National inspectors and consultants
92. National inspectors
93. Identity cards
94. Engagement of consultants etc.
PART 8--MISCELLANEOUS
95. Powers to be exercised in accordance with Convention
96. Annual report by Director
97. Additional reports
98. Register of Permits and Notifications
99. Delegation by Minister
100. Organization inspectors
101. Privileges and immunities of Organization inspectors and foreign country inspectors
101A. Privileges and immunities of observers
101B. Privileges and immunities of other persons
102. Secrecy
103. Australia not liable for acts or omissions of Organization etc.
104. Regulations
SCHEDULE The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction
