Commonwealth Consolidated Regulations

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WEAPONS OF MASS DESTRUCTION REGULATIONS 1995 - REG 9

Dealing with condemned goods — prescribed procedures

         (1)   If the Minister is reasonably satisfied that particular condemned goods are of a kind to which subregulation (2) applies, the Minister may give an authorised person written approval to sell the goods.

         (2)   This subregulation applies to goods that:

                (a)    are not, under another law of the Commonwealth, or a State or Territory:

                          (i)    required to be destroyed; or

                         (ii)    illegal to sell; and

               (b)    are of a kind that can be:

                          (i)    given a use other than in a WMD program; or

                         (ii)    readily, and safely, altered so that they are no longer of a kind that can be used in a WMD program.

         (3)   On receiving the Minister’s approval to sell the goods, the authorised person must:

                (a)    if the Minister so requires — alter the goods so that they are no longer of a kind that can be used in a WMD program; and

               (b)    offer the goods for sale at the best reasonably achievable price; and

                (c)    if the goods are sold — pay the proceeds to the Commonwealth .

         (4)   The goods must not be transferred to a buyer until the buyer agrees, in writing:

                (a)    not to use the goods in a WMD program and not to cause or allow another person to use the goods in a WMD program; and

               (b)    to use the goods, or cause or allow the goods to be used, only for a lawful purpose.



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