Commonwealth Consolidated Acts

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 30

             (1)  This section applies to a facility if there is or was a permit to operate the facility during a particular year.

             (2)  The operator of a facility to which this section applies must:

                     (a)  give the Director, by such day as is prescribed, a report in the approved form containing such information as is required by the form in relation to:

                              (i)  the location, ownership and operation of the facility during the particular year; and

                             (ii)  the plant or plants comprising, or comprising part of, the facility during a particular year; and

                            (iii)  the chemicals dealt with at that facility during that particular year; and

                            (iv)  the purposes to which those chemicals are put; and

                             (v)  such other matters relevant to a declaration required to be given by Australia to the Organization under the Convention as are prescribed; and

                     (b)  keep such records in relation to the facility, plants, the chemicals referred to in paragraph (a), as are required by the regulations; and

                     (c)  prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a periodic report in the approved form containing such information as is required by the form; and

                     (d)  prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a special report in the approved form containing such information as is required by the form.

             (3)  A person is guilty of an offence if:

                     (a)  the person refuses or fails to do an act; and

                     (b)  the refusal or failure causes a contravention of subsection (2).

Penalty:  Imprisonment for 2 years.

          (3A)  Subsection (3) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code .

             (4)  The regulations relating to the keeping of records referred to in paragraph (2)(b) may include, but are not limited to, regulations relating to:

                     (a)  the form and content of such records; and

                     (b)  the period for which such records are to be kept.