Commonwealth Consolidated Acts

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 19

             (1)  If a person makes application for a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at the facility, or the transfer of Schedule 1 chemicals from the facility, that permit may, if it authorises production, and whether or not it authorises any other of those activities, differ according to:

                     (a)  the quantity of the chemicals intended to be produced; and

                     (b)  the purposes for which all the chemicals to which the permit will relate are to be applied.

             (2)  A permit to operate a facility during a year in respect of Schedule 1 chemicals must not be granted unless the chemicals concerned are to be applied for research, medical, pharmaceutical or protective purposes.

             (3)  A permit to operate a facility:

                     (a)  if it authorises the production of more than 10 kilograms of Schedule 1 chemicals may only; and

                     (b)  if it authorises the production of a lesser amount of Schedule 1 chemicals may;

be granted in respect of the facility to be designated in the permit as the single small‑scale facility.

             (4)  A permit to operate a facility:

                     (a)  if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and

                     (b)  all the chemicals to which the permit relates are to be applied for protective purposes;

may be granted in respect of the facility to be designated in the permit as the single protective facility.

             (5)  A permit to operate a facility:

                     (a)  if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and

                     (b)  all the chemicals to which the permit relates are to be applied for research, medical or pharmaceutical purposes;

may be granted in respect of the facility to be designated in the permit as a research facility.

             (6)  A permit to operate a facility:

                     (a)  if it does not authorise the production at the facility, during a year, of any Schedule 1 chemical; and

                     (b)  if it authorises the acquisition, retention or use at, or transfer from, the facility during that year, of more than 100 grams of Schedule 1 chemicals;

may be granted in respect of the facility to be designated as a consumption facility.

             (7)  The fact that a facility may be designated in a particular manner does not require it to be so designated.

             (8)  A facility must not be designated in a permit as a single small‑scale facility unless:

                     (a)  production is to be carried out in reaction vessels in production lines not configured for continuous operation; and

                     (b)  the volume of any reaction vessel is not more than 100 litres; and

                     (c)  the total volume of all reaction vessels with a volume of more than 5 litres is not more than 500 litres.

             (9)  The Minister must not grant more than one permit to operate a facility designated as the single small‑scale facility.

           (10)  The Minister must not grant more than one permit to operate a facility designated as the single protective facility.

           (11)  The Minister may grant permits to operate more than one facility designated under subsection (5) as a research facility or designated under subsection (13) as a consumption facility.

           (12)  The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities during a year is, or could be, more than one tonne.

           (13)  The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities at any time exceeds one tonne.