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WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - NOTES

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - NOTES

No. 38, 1995

Compilation No. 8

Compilation date:   6 November 2018

Includes amendments up to: Act No. 124, 2017

Registered:    13 November 2018

 

About this compilation

This compilation

This is a compilation of the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 that shows the text of the law as amended and in force on 6 November 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Interpretation

4 Provision of services

5 Extension to external Territories

6 Object and operation of the Act

7 Additional operation of the Act

8 Act to bind the Crown

8A Application of the Criminal Code

9 Prohibition on supplying goods for WMD program

10 Prohibition on exporting goods for WMD program

11 Prohibition on providing services for WMD program

12 Request to the Minister for information

13 Permits

14 Notice prohibiting supply or export of goods or provision of services

15 Conduct by directors, employees and agents

16 Injunctions

17 Forfeiture of goods

18 Evidential certificates by Minister

19 Delegation by Minister

20 Attorney-General's consent required for prosecutions

21 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

38, 1995

29 May 1995

29 Nov 1995 (s 2(2))

 

Defence Legislation Amendment (Application of Criminal Code) Act 2001

141, 2001

1 Oct 2001

s 4: 1 Oct 2001 (s 2(1))
Sch 1 (items 110, 111): 15 Dec 2001 (s 2(2))

s 4

as amended by

 

 

 

 

Defence Legislation Amendment Act 2003

135, 2003

17 Dec 2003

Sch 2 (item 28): 1 Oct 2001 (s 2(1) item 9)

--

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Sch 11 (item 25): 20 Feb 2010 (s 2(1) item 13)

--

Statute Law Revision Act (No. 1) 2015

5, 2015

25 Feb 2015

Sch 3 (items 207-211): 25 Mar 2015 (s 2(1) item 10)

--

Norfolk Island Legislation Amendment Act 2015

59, 2015

26 May 2015

Sch 2 (item 355): 1 July 2016 (s 2(1) item 5)
Sch 2 (items 356-396): 18 June 2015 (s 2(1) item 6)

Sch 2 (items 356-396)

as amended by

 

 

 

 

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 2: 24 Mar 2016 (s 2(1) item 2)

--

Statute Law Revision Act (No. 1) 2016

4, 2016

11 Feb 2016

Sch 4 (items 1, 328): 10 Mar 2016 (s 2(1) item 6)

--

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 3 (item 42): 21 Oct 2016 (s 2(1) item 1)

--

Regulatory Powers (Standardisation Reform) Act 2017

124, 2017

6 Nov 2017

Sch 15 (items 1-3): 6 Nov 2018 (s 2(1) item 3)

Sch 15 (item 3)

 

Endnote 4--Amendment history

 

Provision affected

How affected

s 3.....................

am No 4, 2010; No 124, 2017

s 8.....................

am No 59, 2015

s 8A....................

ad No 141, 2001

s 9.....................

am No 4, 2016

s 10....................

am No 4, 2016

s 11....................

am No 4, 2016

s 14....................

am No 141, 2001; No 4, 2016

s 15....................

am No 5, 2015

s 16....................

rs No 124. 2017

s 18....................

am No 61, 2016