Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 26, 1994
Compilation No. 15
Compilation date: 14 October 2024
Includes amendments: Act No. 38, 2024
About this compilation
This compilation
This is a compilation of the Chemical Weapons (Prohibition) Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
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
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
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
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
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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
26, 1994 | 25 Feb 1994 | s 1 and 2: 25 Feb 1994 (s 2(1)) |
| |
150, 1997 | 17 Oct 1997 | Sch 1 (item 1): 17 Oct 1997 (s 2(1)) | -- | |
9, 1998 | 6 Apr 1998 | Sch 1 (items 3, 5-15, 17-22, 24-29, 45, 48-50, 55-59, 72-74): 6 Oct 1998 | Sch 1 (items 72-75) | |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (item 284): 5 Dec 1999 (gaz 1999, No S584)(s 2(1) and (2)) | -- |
Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 | 35, 2001 | 28 Apr 2001 | 26 May 2001 (s 2(b)) | |
Non-Proliferation Legislation Amendment Act 2003 | 132, 2003 | 12 Dec 2003 | Sch 1: 13 Dec 2003 | -- |
Non-Proliferation Legislation Amendment Act 2007 | 50, 2007 | 10 Apr 2007 | Sch 1 (items 2-7): 11 Apr 2007 (s 2(1) item 2) | -- |
5, 2011 | 22 Mar 2011 | Sch 7 (item 32): 19 Apr 2011 (s 2(1) item 19) | -- | |
46, 2011 | 27 June 2011 | Sch 2 (items 323, 324) and Schedule 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) | |
Statute Law Revision Act (No 1) 2014 | 31, 2014 | 27 May 2014 | Sch 4 (item 62): 24 June 2014 (s 2(1) item 9) | -- |
Statute Law Revision Act (No. 1) 2015 | 5, 2015 | 25 Feb 2015 | Sch 3 (items 47-54): 25 Mar 2015 (s 2(1) item 10) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sep 2015 | Sch 1 (item 107): 5 Mar 2016 (s 2(1) item 2) | -- |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 44-46): 10 Mar 2016 (s 2(1) item 6) | -- |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 2 (item 15): 29 Dec 2018 (s 2(1) item 3) | -- |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 11 (items 1, 4): 14 Oct 2024 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 5..................... | am No 50, 2007 |
s 7..................... | am No 9, 1998 |
s 8..................... | am No 50, 2007 |
s 8A.................... | ad No 9, 1998 |
s 8B.................... | ad No 9, 1998 |
| am No 46, 2011; No 126, 2015 |
s 9..................... | am No 5, 2015 |
s 10.................... | am No 9, 1998; No 46, 2011; No 126, 2015 |
s 11A................... | ad No 35, 2001 |
Part 2 |
|
s 12.................... | am No 35, 2001; No 50, 2007 |
Part 3 |
|
s 15.................... | am No 9, 1998 |
Division 1 |
|
s 17.................... | am No 9, 1988 |
s 18.................... | am No 9, 1988 |
s 19A................... | ad No 9, 1998 |
s 20.................... | am No 9, 1998 |
s 24A................... | ad No 9, 1998 |
s 26.................... | am No 9, 1998; No 38, 2024 |
s 27.................... | am No 38, 2024 |
Division 2 |
|
s 28.................... | am No 9, 1998 |
s 29.................... | am No 9, 1998; No 35, 2001; No 4, 2016 |
Part 4 |
|
s 30.................... | am No 9, 1998; No 35, 2001; No 4, 2016 |
s 31.................... | am No 35, 2001; No 4, 2016 |
Part 5 |
|
Division 2 |
|
s 39.................... | am No 9, 1998 |
s 40.................... | am No 9, 1998 |
s 41.................... | am No 9, 1998 |
s 42.................... | am No 9, 1998 |
s 43.................... | am No 9, 1998 |
Division 3 |
|
s 47.................... | am No 9, 1998 |
Note to s 47............... | ad No 9, 1998 |
s 48.................... | am No 9, 1998 |
s 49.................... | am No 9, 1998 |
Division 4 |
|
s 53.................... | am No 9, 1998 |
s 55.................... | am No 9, 1998 |
Div 5 |
|
s 63.................... | am No 31, 2014 |
Division 8 |
|
s 76.................... | am No 9, 1998 |
Part 6 |
|
s 77.................... | rs No 35, 2001 |
| am No 4, 2016 |
s 78.................... | rs No 35, 2011 |
| am No 4, 2016 |
s 79.................... | am No 4, 2016 |
s 80.................... | am No 9, 1998; No 35, 2001; No 4, 2016 |
Part 7 |
|
Division 1 |
|
s 86.................... | am No 132, 2003 |
s 88.................... | am No 132, 2003 |
Division 3 |
|
s 93.................... | am No 35, 2001 |
Part 8 |
|
s 96.................... | am No 9, 1998 |
s 98.................... | am No 9, 1998 |
s 99.................... | am No 146, 1999; No 5, 2011 |
s 101A.................. | ad No 150, 1997 |
s 101B.................. | ad No 9, 1998 |
s 102................... | am No 9, 1998; No 35, 2001; No 5, 2011; No 4, 2016; No 67, 2018 |