Commonwealth Numbered Acts

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COMPREHENSIVE NUCLEAR TEST-BAN TREATY ACT 1998 No. 78, 1998 - LONG TITLE

An Act to give effect to certain of Australia's obligations as a party to the Comprehensive Nuclear Test-Ban Treaty, and for related purposes

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 External Territories

4 Australian ships and aircraft

5 Act binds the Crown

6 Application of Criminal Code

7 Definitions

Part 2--Ban on nuclear explosions

8 Offence of causing a nuclear explosion

9 Extraterritorial operation of offence

Part 3--Inspections

Division 1--Outline of Part

10 Outline of Part

Division 2--On-site inspections

11 Requests for on-site inspections

12 On-site inspection powers

13 On-site inspection purposes

14 Organization inspectors

15 Observers

Division 3--Clarification procedures

16 Scope of Division

17 Director may give information or documents

18 Inspections by national inspectors

19 Joint inspections

20 Limit on modifications

Division 4--Inspection warrants and conduct of inspections

21 On-site inspection warrants

22 Clarification inspection warrants

23 Content of warrants

24 Duration of inspection

25 Inspections not to be intrusive

26 On-site inspection warrant may authorise presence of an observer

27 Initial inspection plan

28 Managed access

29 Other modifications of inspection plan

Division 5--Offence-related searches and seizures

30 Offence-related searches and seizures

31 Offence-related warrants

32 The things that are authorised by a search warrant

33 Specific powers available to warrant teams executing search warrants

34 Use of equipment to examine or process things

35 Use of electronic equipment at premises

36 Occupier may observe search

37 Warrants by telephone or other electronic means

38 Receipts for things seized or moved

39 Return of seized things

40 Court of summary jurisdiction may permit a thing to be retained

Division 6--General rules about warrants

41 Announcement before entry

42 Availability of assistance and use of force in executing warrant

43 Details of warrant to be given to occupier etc.

44 Copies of seized things to be provided

45 Compensation for damage to equipment

46 Making false statements in applications for warrant

47 Offences relating to telephone warrants

Part 4--Monitoring facilities

Division 1--Establishing and operating monitoring facilities

48 Declaration of Treaty monitoring facilities

49 Minister may establish and operate monitoring facilities

50 Minister may enter into arrangements

Division 2--Powers to do certain activities

51 Authorisation to gain access to facilities

52 Inspecting land

53 Establishing facilities

54 Maintaining facilities

Division 3--Rules about exercising Division 2 powers

55 Damage etc. to be minimised

56 Person must restore land

57 Management of activities

58 Roads etc. to remain open for passage

59 Notice to owner of land

60 Giving notices

61 Compensation

Part 5--Australian Comprehensive Test Ban Office

Division 1--Establishment of the Office

62 Designation of the Office

63 Director of Office

64 Functions of the Office

65 Delegation by Director

Division 2--National inspectors and consultants

66 National inspectors

67 Identity cards

68 Engagement of consultants etc.

Part 6--Miscellaneous

69 Delegation by Minister

70 Powers to be exercised in accordance with Treaty

71 Annual report by Director

72 Additional reports

73 Privileges and immunities

74 Secrecy

75 Expressions in section 74

76 Australia not liable for acts or omissions of Organization

77 Organization has legal personality and capacity

78 Regulations

Schedule 1--Comprehensive Nuclear-Test-Ban Treaty

Comprehensive Nuclear Test-Ban Treaty Act 1998

No. 78, 1998

An Act to give effect to certain of Australia[Otilde]s obligations as a party to the Comprehensive Nuclear Test-Ban Treaty, and for related purposes

[ Assented to 2 July 1998 ]

The Parliament of Australia enacts:



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