Commonwealth Numbered Regulations

1997 No. 84 CHEMICAL WEAPONS (PROHIBITION) REGULATIONS - REG 9

9. The procedures set out in section 46 of the Act and in Article IX and Part
X of the Verification Annex of the Convention for an inspection of a facility
under subsection 49 (10) of the Act are modified, to the extent that the
modifications do not reduce the rights of the operator of the facility, in the
following manner:

   (a)  the time limits for the giving of access set out in paragraphs 14, 18,
        19, 39 and 43 of Part X of the Verification Annex of the Convention
        are taken to be omitted;

   (b)  the exit monitoring provisions set out in paragraph 46 (1) (c) of the
        Act and in paragraphs 23 to 31 (inclusive) of Part X of the
        Verification Annex of the Convention are taken to be omitted;

   (c)  the provisions relating to access to declared facilities set out in
        paragraphs 15, 51 and 52 of Part X of the Verification Annex of the
        Convention are taken to be omitted;

   (d)  the provisions relating to the perimeter of the site in Part X of the
        Verification Annex of the Convention are taken to be omitted;

   (e)  the provisions relating to observers set out in paragraph 12 of
        Article IX and paragraphs 53 to 56 (inclusive) of Part X of the
        Verification Annex of the Convention are taken to be omitted;

   (f)  the provisions relating to the inspection mandate in paragraph 18 of
        Article IX of the Convention are taken to be varied to require the
        inspection mandate to be agreed between the Director and the person
        holding an equivalent position in the State Party seeking
        clarification before the arrival of the foreign country inspectors in
        Australia;

   (g)  paragraph 46 (1) (b) of the Act is taken to be varied to exclude the
        power of a foreign country inspector to take photographs (including
        video recordings);

   (h)  paragraph 46 (1) (e) of the Act is taken to be varied to exclude the
        power of a foreign country inspector to remove samples from the
        premises;

   (i)  paragraph 46 (1) (g) of the Act is taken to be varied to exclude the
        power of a foreign country inspector to examine a document;

   (j)  paragraph 46 (1) (h) of the Act is taken to be varied to exclude the
        power of a foreign country inspector to take extracts from, or make
        copies of, a document.