CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 30 Record keeping obligations in relation to certain facilities

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 commits 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.