Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WEAPONS OF MASS DESTRUCTION (PREVENTION OF PROLIFERATION) ACT 1995 - SECT 3

Interpretation

In this Act, unless the contrary intention appears:

"authorised person" means:

(a)
a member of the Defence Force; or
(b)
a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(c)
an officer of Customs.
"Biological Weapons Convention" means the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological)
and Toxin Weapons and on their Destruction, which was signed on behalf of Australia on 10 April 1972 and a copy of the English text of which is set out in the Schedule to the Crimes (Biological Weapons) Act 1976 .

"Chemical Weapons Convention" means the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction (including the annexes to that Convention), a copy of the English text of which is set out in the Schedule to the Chemical Weapons (Prohibition) Act 1994 , as amended by any amendment to that Convention that is accepted by Australia and a copy of the English text of which is set out in regulations in force under that Act.

"director", in relation to a body that:

(a)
is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and
(b)
is constituted by one or more members;

means the member, or any of the members, constituting the body.

"engage in conduct" includes fail or refuse to engage in conduct.

"export" means export from Australia, the Territory of Cocos

(Keeling)
Islands or the Territory of Christmas Island.

"financial corporation" means a financial corporation, within the meaning of paragraph 51(xx) of the Constitution, formed within the limits of the Commonwealth.

"foreign corporation" has the same meaning as in paragraph 51(xx) of the Constitution.

"goods" includes documents.

"Non-Proliferation Treaty" means the Treaty on the Non-Proliferation of Nuclear Weapons that was signed on behalf of Australia on 27 February 1970, a copy of the English text of which is set out in Schedule 2 to the Nuclear Non-Proliferation (Safeguards) Act 1987 , and, subject to subsection 4(3) of that Act, includes that Treaty as amended from time to time.

"non-regulated goods" means goods that are not prohibited exports under the Customs Act 1901 .

"offence against this Act" includes an offence against:

(a)
section 6, 7 or 7A of the Crimes Act 1914 ; or
(b)
subsection 86(1) of that Act because of paragraph (a) of that subsection;

that relates to an offence against this Act.

"officer of Customs" has the same meaning as in the Customs Act 1901 .

"permit" means a permit in force under section 13.

"provide services" has a meaning affected by section 4.

"state of mind", in relation to a person, includes:

(a)
the person's knowledge, intention, opinion, belief or purpose; and
(b)
the person's reasons for the intention, opinion, belief or purpose.
"supply" means supply whether or not for any consideration, and includes supply by way of sale, lease, hire or hire-purchase.

"trading corporation" means a trading corporation, within the meaning of paragraph 51(xx) of the Constitution, formed within the limits of the Commonwealth.

"Weapons of Mass Destruction program" or WMD program means a plan or program for the development, production, acquisition or stockpiling of nuclear, biological or chemical weapons or missiles capable of delivering such weapons.


[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]