Commonwealth Consolidated Acts

CHEMICAL WEAPONS (PROHIBITION) ACT 1994

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Extension to external Territories  
   5.      Extra - territorial operation of Act  
   6.      Act binds the Crown  
   7.      Definitions  
   8.      Approved forms and approved procedures  
   8A.     Electronic lodgment  
   8B.     Regulations may define consumption , processing and production of chemicals  
   9.      Conduct by directors, employees and agents  
   10.     Determining aggregate amounts of chemicals  
   11.     Application of Act  
   11A.    Application of the Criminal Code  

   PART 2--OFFENCES--RELATING TO CHEMICAL WEAPONS

   12.     Offences relating to chemical weapons  
   13.     Notification of finding of substances or articles believed to be chemical weapons  
   14.     Forfeiture and seizure of chemical weapons  

   PART 3--PERMITS--AND NOTIFICATIONS CONCERNING CERTAIN FACILITIES

   15.     Outline of this Part  

           Division 1--Permits

   16.     When is a permit required?  
   17.     Applications for permits  
   18.     Grant of permits  
   19.     Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals  
   19A.    Automatic renewal of permits  
   20.     Non - automatic renewal of permits  
   21.     Renewals not able to be dealt with within time  
   22.     Conditions relating to a permit facility  
   23.     Variation of permits  
   24.     Transfer of permits  
   24A.    Transfer of permits--notification by previous permit holder  
   25.     Revocation of permits  
   26.     Notice of certain decisions  
   27.     Review of decisions  

           Division 2--Notifications

   28.     When is a notification required?  
   29.     Making notifications required under section 28  

   PART 4--RECORD--KEEPING AND INFORMATION GATHERING

   30.     Record keeping obligations in relation to certain facilities  
   31.     Director may seek information for declarations and consultation purposes  

   PART 5--VERIFICATION--PROCEDURES

   32.     Outline of this Part  

           Division 1--Compliance inspections by national inspectors

   33.     Compliance purpose  
   34.     Inspection powers  
   35.     Compliance inspections by national inspectors  
   36.     Period within which compliance inspection may be carried out  

           Division 2--International compliance inspections

   37.     International compliance purpose  
   38.     International inspection powers  
   39.     Routine international compliance inspections of Schedule 1 facilities  
   40.     Routine international compliance inspections of facilities dealing with Schedule 2 chemicals  
   41.     Routine international compliance inspections of facilities dealing with Schedule 3 chemicals  
   42.     Routine international compliance inspections of OCP facilities  
   43.     Inspectors not entitled to exercise powers under this Division in certain circumstances  
   44.     Incidence of routine international compliance inspections  

           Division 3--Challenge inspections

   45.     Challenge inspection purposes  
   46.     Challenge inspection powers  
   47.     Challenge inspections  
   48.     Observers  
   49.     Clarification procedures  

           Division 4--Warrants relating to compliance and challenge inspections

   50.     Compliance inspection warrants  
   51.     International compliance inspection warrants  
   52.     Challenge inspection warrants  
   53.     Duration of inspection period  
   54.     Ministerial extension of inspection periods  
   55.     Challenge inspection warrant to authorise presence of an observer  

           Division 5--Offence-related searches and seizures

   56.     Definition  
   57.     Offence - related searches and seizures  
   58.     Offence - related warrants  
   59.     The things that are authorised by search warrant  
   60.     Specific powers available to national inspectors executing warrants  
   61.     Use of equipment to examine or process things  
   62.     Use of electronic equipment at premises  
   63.     Warrants by telephone or other electronic means  
   64.     Retention of things which are seized  
   65.     Court of summary jurisdiction may permit a thing to be retained  

           Division 6--Miscellaneous provisions relating to warrants

   66.     Announcement before entry  
   67.     Availability of assistance and use of force in executing warrant  
   68.     Details of warrant to be given to occupier etc.  
   69.     Copies of seized things to be provided  
   70.     Compensation for damage to electronic equipment  
   71.     Offence of making false statements in applications for warrant  
   72.     Offences relating to telephone warrants  

           Division 7--Manner of conducting international compliance and challenge inspections--facility agreements and managed access

   73.     Initial inspection plan  
   74.     Initial inspection plan and conduct of inspection to be consistent with facility agreement  
   75.     Managed access  

           Division 8--Facility agreements

   76.     Facility agreements  

   PART 6--OFFENCES

   77.     Production etc. of Scheduled chemicals otherwise than in accordance with permit  
   78.     Breach of condition of permit  
   79.     Interference with monitoring equipment  
   80.     False or misleading statements and documents  
   81.     Forfeiture  
   82.     Hearing to be in private in certain circumstances  
   83.     Register of Permits and Notifications  
   84.     Evidence of analyst  
   85.     Equipment or material approved by Organization  

   PART 7--ADMINISTRATION

           Division 1--Director of Chemical Weapons Convention Office

   86.     Director of the Chemical Weapons Convention Office  
   87.     Functions of Director  
   88.     The Chemical Weapons Convention Office  
   89.     Delegation by Director  

           Division 2--Controller of Permits and Notifications

   90.     Controller of Permits and Notifications  
   91.     Function of the Controller  

           Division 3--National inspectors and consultants

   92.     National inspectors  
   93.     Identity cards  
   94.     Engagement of consultants etc.  

   PART 8--MISCELLANEOUS

   95.     Powers to be exercised in accordance with Convention  
   96.     Annual report by Director  
   97.     Additional reports  
   98.     Register of Permits and Notifications  
   99.     Delegation by Minister  
   100.    Organization inspectors  
   101.    Privileges and immunities of Organization inspectors and foreign country inspectors  
   101A.   Privileges and immunities of observers  
   101B.   Privileges and immunities of other persons  
   102.    Secrecy  
   103.    Australia not liable for acts or omissions of Organization etc.  
   104.    Regulations  
           SCHEDULE The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction