CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 7 Definitions
CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 7
Definitions(1) In this Act, unless the contrary intention appears:
"challenge inspection" means an inspection declared by the Minister to be a challenge inspection under section 47 and carried out under Division 3 of Part 5.
"challenge inspection site" means a site that is declared by the Minister to be a challenge inspection site.
"Chemical Weapons Convention Office" means the Office referred to in section 88.
"constable" means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
"consumption facility" means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a consumption facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
"Controller" means the Controller of Permits and Notifications referred to in section 90.
"Convention" means the Convention (including the annexes to the Convention) a copy of the English text of which is set out in the Schedule, as amended by any amendment to the Convention that is accepted by Australia and a copy of the English text of which is set out in the regulations.
"data storage device" means any article or material (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device.
(a) in a provision of the Act other than a provision relating to an international compliance inspection--a Schedule 1, 2 or 3 facility or an OCP facility; and
(b) in a provision of the Act relating to an international compliance inspection--a Schedule 1 facility, a facility referred to in section 40 or 41, or an OCP facility.
"Director" means the Director of the Chemical Weapons Convention Office referred to in section 86.
"facility" means a particular plant site comprising one or more plants.
"facility agreement" , in respect of a particular facility, means an agreement or arrangement entered into under section 76 between the Minister, on behalf of Australia, and the Organization setting out detailed inspection procedures to be followed in respect of an international compliance inspection, or a challenge inspection, of that facility:
(a) at which the production, acquisition, retention or use, or from which the transfer, of a Schedule 1 chemical takes place; or
(b) at which the production, processing or consumption of a Schedule 2 chemical takes place; or
(c) at which the production of a Schedule 3 chemical or of an unscheduled discrete organic chemical takes place.
"foreign country inspector" means a person declared to be a foreign country inspector by the Minister under section 49.
"inspection team" means the national inspector and any person assisting the national inspector.
"international compliance inspection" means an inspection carried out under Division 2 of Part 5.
"national inspector" means the Director or person holding an appointment as a national inspector under section 92.
"non State Party" means a State that is not a signatory to the Convention.
"notification" , in relation to a facility and a year, means a notification to the Director required under section 28 in relation to that facility and that year.
(a) in relation to a Schedule 1, 2 or 3 facility--the year when a permit that is, was or would have been in force, gives rise to the obligation to notify; or
(b) in relation to an OCP facility--the year when the level of production gives rise to the obligation to notify.
"observer" means a person declared by the Minister to be an observer under section 48.
"occupier" , in relation to a declared facility, challenge inspection site or other premises, includes a person present at the facility, site or premises who apparently represents the occupier.
"OCP facility" means a facility covered by a notification required under subsection 28(6).
"operator" , in relation to a facility, means the person having ultimate responsibility, as distinct from day - to - day management, in relation to operations carried on at the facility and includes the legal personal representative, administrator and other successor in title of that person.
"Organization" means the Organization for the Prohibition of Chemical Weapons established under the Convention.
"Organization inspector" means a person declared by the Minister to be an Organization inspector under section 100.
"permit" means a permit granted under section 18 and includes such a permit as renewed under section 19A or 20.
"permit year" , in relation to a Schedule 1, 2 or 3 facility, means a year during which a permit is in force in respect of that facility.
"person assisting the national inspector" , in relation to the execution of a warrant:
(a) means a person authorised by the national inspector to assist in the execution of the warrant; and
(b) if the inspection is conducted under Division 2 or 3 of Part 5--includes an Organization inspector or a foreign country inspector accompanying the national inspector.
"premises" includes a place and a conveyance.
"protective facility" means a facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a protective facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
"research facility" means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a research facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
"Schedule 1 chemical" means a chemical listed in Schedule 1 to the Convention.
(a) a single small - scale facility; or
(b) a protective facility; or
(c) a research facility; or
(d) a consumption facility.
"Schedule 2 chemical" means a chemical listed in Schedule 2 to the Convention.
"Schedule 2 facility" means a facility covered by a permit required under subsection 16(2) or a notification required under subsection 28(2).
"Schedule 2 permit threshold" , in relation to a Schedule 2 chemical, means:
(a) if the chemical is listed in Part A of Schedule 2 to the Convention and designated with an " * " --1 kilogram; or
(b) if the chemical is listed in Part A of Schedule 2 to the Convention but is not designated with an " * " --100 kilograms; or
(c) if the chemical is listed in Part B of Schedule 2 to the Convention--1 tonne.
"Schedule 3 chemical" means a chemical listed in Schedule 3 to the Convention.
"Schedule 3 facility" means a facility covered by a permit required under subsection 16(3) or a notification required under subsection 28(4).
"scheduled chemical" means a chemical that is listed in Schedule 1, 2 or 3 to the Convention.
"single small-scale facility" means a small - scale facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a single small - scale facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
"State Party" means a State that is a signatory to the Convention.
"unscheduled discrete organic chemical" means a discrete organic chemical not listed in Schedule 1, 2 or 3 to the Convention.
"vehicle" includes a hovercraft.
"vessel" means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through water, but does not include a hovercraft.
(2) Unless the contrary intention appears, an expression that is
used both in this Act and in the Convention but is not defined in subsection
( 1) (whether or not a particular meaning is assigned to it by the
Convention) has, in this Act, the same meaning as in the Convention.