{"id":"F2018L01763","name":"Weapons of Mass Destruction Regulations 2018","slug":"weapons-of-mass-destruction-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439872,"registerId":"F2018L01763-fast-fetch-1775955727793","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Weapons of Mass Destruction Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nWeapons of Mass Destruction Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 13 December 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristopher Pyne\n\nMinister for Defence\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Request to the Minister for information\n\n7 Permit to supply or export goods or provide services\n\n8 Notice prohibiting supply or export of goods or provision of services\n\n9 Revocation of notice of prohibition\n\n10 Storage of seized goods—prescribed procedures\n\n11 Destruction of condemned goods—prescribed procedures\n\n12 Dealing with condemned goods—prescribed procedures\n\n13 Storage of condemned goods—prescribed procedures\n\n14 Notices\n\n15 Delegation by Minister\n\nSchedule 1—Repeals\n\nWeapons of Mass Destruction Regulations 1995\n\n \n\n1  Name\n\n  This instrument is the Weapons of Mass Destruction Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 15 December 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) authorised person;\n\n(b) goods;\n\n(c) supply;\n\n(d) Weapons of Mass Destruction program (or WMD program).\n\n  In this instrument:\n\nAct means the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995.\n\nstore securely, in relation to goods, means store the goods in a manner that:\n\n (a) prevents unauthorised access to the goods; and\n\n (b) prevents injury to, or harm to the health of, a person, arising from the goods or a property of the goods.\n\n6  Request to the Minister for information\n\n  A request for information from the Minister under subsection 12(1) of the Act must set out the following particulars:\n\n (a) the name and address of the person making the request;\n\n (b) if the person has a postal address that is different from the address set out under paragraph (a)—that address;\n\n (c) a description of:\n\n (i) the goods to be supplied; or\n\n (ii) the non‑regulated goods to be exported; or\n\n (iii) the services to be provided;\n\n (d) the name and address of the intended recipient of the goods or services;\n\n (e) the reasons why the person believes or suspects that:\n\n (i) the goods will or may be used in a WMD program; or\n\n (ii) the services will or may assist a WMD program.\n\n7  Permit to supply or export goods or provide services\n\n  For the purposes of paragraph 13(1)(c) of the Act, an application for a permit to supply or export goods, or provide services, must be in writing, and must set out the following particulars:\n\n (a) the name and address (not being a post office address) of the person applying for the permit;\n\n (b) if the person has a postal address that is different from the address set out under paragraph (a)—that address;\n\n (c) a description of:\n\n (i) the goods to be supplied; or\n\n (ii) the non‑regulated goods to be exported; or\n\n (iii) the services to be provided;\n\n (d) the name and address of the intended recipient of the goods or services;\n\n (e) the reasons why the person believes that the supply or export of the goods, or provision of the services, would not be contrary to Australia’s international or treaty obligations or the national interest.\n\n8  Notice prohibiting supply or export of goods or provision of services\n\n (1) For the purposes of subsection 14(1) of the Act, a notice by the Minister:\n\n (a) must be in writing; and\n\n (b) must set out the Minister’s reasons for giving the notice, except to the extent that disclosure of those reasons would prejudice the security, defence or international relations of Australia.\n\n (2) If a notice does not set out the Minister’s reasons, or some of the Minister’s reasons, for giving the notice because disclosure of those reasons would prejudice the security, defence or international relations of Australia, that fact must be stated in the notice.\n\n9  Revocation of notice of prohibition\n\n  For the purposes of subsection 14(3) of the Act, the revocation of a notice given under subsection 14(1) of the Act must:\n\n (a) be in writing; and\n\n (b) be notified to the person affected by the notice without delay.\n\n10  Storage of seized goods—prescribed procedures\n\n (1) For the purposes of subsection 17(6) of the Act, seized goods must be stored securely by an authorised person at a place approved by the Minister, in writing, as being a place suitable for the storage of goods of the kind seized.\n\n (2) In so approving a place, the Minister must consider:\n\n (a) the nature of goods of that kind; and\n\n (b) the suitability of the place for storing securely goods of that kind; and\n\n (c) the need to preserve the condition and value of the goods as far as is practicable.\n\n11  Destruction of condemned goods—prescribed procedures\n\n (1) For the purposes of subsection 17(7) of the Act, if particular condemned goods are goods that the Minister is satisfied can safely be destroyed, the goods must be destroyed at a place, and in a manner, that the Minister is satisfied are suitable for safely destroying goods of that kind.\n\n (2) However, subsection (1) does not apply if:\n\n (a) the goods are goods to which an approval under section 12 of this instrument applies; and\n\n (b) the goods are sold in accordance with the approval.\n\n (3) In determining a suitable place for safely destroying the goods, and the manner in which the goods may be destroyed, the Minister must consider:\n\n (a) the nature of the goods; and\n\n (b) the suitability of the place for safely destroying goods of that kind; and\n\n (c) the availability of suitable methods with which to safely destroy goods of that kind.\n\n12  Dealing with condemned goods—prescribed procedures\n\n (1) If the Minister is reasonably satisfied that particular condemned goods are of a kind to which subsection (2) applies, the Minister may give an authorised person written approval to sell the goods.\n\n (2) This subsection applies to goods that:\n\n (a) are not, under another law of the Commonwealth, or a State or Territory:\n\n (i) required to be destroyed; or\n\n (ii) illegal to sell; and\n\n (b) are of a kind that can be:\n\n (i) given a use other than in a WMD program; or\n\n (ii) readily, and safely, altered so that they are no longer of a kind that can be used in a WMD program.\n\n (3) On receiving the Minister’s approval to sell the goods, the authorised person must:\n\n (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\n\n (b) offer the goods for sale at the best reasonably achievable price; and\n\n (c) if the goods are sold—pay the proceeds to the Commonwealth.\n\n (4) The goods must not be transferred to a buyer until the buyer agrees, in writing:\n\n (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\n\n (b) to use the goods, or cause or allow the goods to be used, only for a lawful purpose.\n\n13  Storage of condemned goods—prescribed procedures\n\n  For the purposes of subsection 17(8) of the Act, until condemned goods are destroyed or otherwise dealt with, they must be stored securely as if they were goods to which section 10 of this instrument applied.\n\n14  Notices\n\n (1) This section sets out:\n\n (a) methods for giving a notice required or permitted to be given to a person under the Act or this instrument; and\n\n (b) the time at which the person is taken to have received the notice.\n\nGiven personally\n\n (2) The notice may be given to the person:\n\n (a) at the last address notified to the Minister for the purpose of receiving notices, permits and approvals; and\n\n (b) by a person authorised by the Minister for the purposes of this subsection; and\n\n (c) either:\n\n (i) by giving it to the person; or\n\n (ii) by giving it to another person who appears to work at that address in a management or executive position.\n\n (3) If the notice is given under subsection (2), the person is taken to have received the notice at the time at which it is given.\n\nSent by mail\n\n (4) The notice may be posted to the person at the postal address last notified to the Minister for the purposes of receiving notices.\n\n (5) If the notice is given under subsection (4), the person is taken to have received the notice:\n\n (a) if the notice was posted from a place in Australia to an address in Australia—7 business days after the date of the notice in the place of the address to which it was sent; or\n\n (b) if paragraph (a) does not apply—21 days after the date of the notice in the place of the address to which it was sent.\n\nFaxed, emailed or sent by other electronic means\n\n (6) If the person has notified to the Minister a fax number, email address or other electronic address for the purpose of receiving notices, the notice may be:\n\n (a) faxed to the person at the fax number last notified to the Minister for that purpose; or\n\n (b) sent to the person at the email address last notified to the Minister for that purpose; or\n\n (c) sent to the person by any other electronic means to the electronic address last notified to the Minister for that purpose.\n\n (7) If the notice is given under subsection (6), the person is taken to have received the notice at the end of the day (in the person’s location) on which it was sent or, if that day is not a business day, at the end of the next following business day.\n\n15  Delegation by Minister\n\n (1) The Minister may delegate any of the Minister’s powers under this instrument to:\n\n (a) an SES employee in the Department; or\n\n (b) an APS employee in the Department with the classification of Executive Level 2, or an equivalent classification.\n\n (2) However, the Minister must not delegate such a power to a person unless the Minister is satisfied that the person has appropriate expertise.\n\nDelegations to continue in effect\n\n (3) A delegation in force under regulation 12 of the Weapons of Mass Destruction Regulations 1995 immediately before the commencement of this section has effect, immediately after that commencement, as if it had been made under subsection (1).\n\nSchedule 1—Repeals\n\n \n\nWeapons of Mass Destruction Regulations 1995\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1995 Regulations under the Legislative Instruments Act 2003 (now Legislation Act 2003) framework. The 2018 version repeals and replaces the 1995 regulations without expanding the scope beyond the original intent of supporting the 1995 Act. The content remains purely procedural and administrative — prescribing forms, storage procedures, and delegation powers — rather than creating new substantive prohibitions or extending coverage to new classes of goods or services."},"complexity_factors":["Short instrument: only 15 sections plus a Schedule containing a single repeal item","Minimal defined terms: only 2 explicit definitions in section 5 ('Act' and 'store securely'), with 4 additional terms incorporated by reference from the parent Act","Straightforward procedural structure: most sections simply prescribe application requirements, notice formats, or administrative steps without nested conditions","Limited cross-referencing: references are primarily to specific subsections of the parent Act (1995), not to other regulations or complex legislative webs","Simple conditional logic: only one substantive exception structure (section 11(2) regarding destruction vs sale of goods), with no exceptions-to-exceptions","Clear prescriptive language: uses 'must' and 'may' in predictable patterns without convoluted deeming provisions or artificial legal constructs"],"plain_english_summary":"These regulations implement the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 by setting practical rules for permits, information requests, seizure, secure storage and disposal (or conditional sale) of goods linked to WMD programs, and how official notices are given. They affect exporters of dual‑use items, service providers who might assist WMD development, customs and Defence officials, and delegate decision‑makers. The rules enforce Australia’s non‑proliferation commitments and update administrative procedures."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the Weapons of Mass Destruction Regulations 1995 (Schedule 1) and replaces them with updated procedural rules implementing the Act (reg 3). The text confines itself to administrative procedures (applications, notices, storage, destruction/sale, delegations) rather than expanding the Act’s substantive prohibitions; it therefore changes the delegated regulatory instrument but does not, on its face, alter the statutory scope of prohibited conduct under the Act."},"complexity_factors":["Direct reliance on and interaction with the primary Act (reg 3; definitions in reg 5) — requires cross‑referencing statutory terms from the Act.","Detailed procedural requirements for applications and requests (regs 6–7) — compliance burden on applicants to provide prescribed particulars.","Ministerial discretion over notices, storage, destruction and approvals (regs 8, 10–12) — centralised decisionmaking with security/non‑disclosure carve‑outs (reg 8(1)(b)–(2)).","Operational rules for handling seized/condemned goods (regs 10–13) — technical requirements for secure storage, safe destruction and conditions for sale, including alteration obligations (reg 12(3)(a)).","Financial consequence that sale proceeds must be paid to the Commonwealth (reg 12(3)(c)) — affects incentive and recovery of value.","Strict conditions before transfer to buyers, including written undertakings (reg 12(4)) — imposes contractual controls post‑sale.","Specified methods and deemed receipt timings for notices (reg 14(2)–(7)) — legal effect depends on chosen service method.","Delegation rules and required expertise for delegates (reg 15) — binds internal administrative architecture and continuity of prior delegations (reg 15(3)).","Repeal of the 1995 Regulations (Schedule 1) — legislative housekeeping that may change prior administrative practice or phrasing."],"plain_english_summary":"This instrument prescribes how the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 is to be administered in practice: it sets mandatory content for permit and information requests, how the Minister gives and revokes prohibition notices, secure storage, destruction or sale procedures for seized or condemned goods, methods for giving legal notices, and rules for delegating Ministerial powers. It affects suppliers/exporters, recipients, authorised persons handling seized goods, and the Department because it fixes compliance steps, decision‑making discretion and who receives proceeds from sales."}},"importantCases":[],"_links":{"self":"/api/acts/weapons-of-mass-destruction-regulations-2018","history":"/api/acts/weapons-of-mass-destruction-regulations-2018/history","analysis":"/api/acts/weapons-of-mass-destruction-regulations-2018/analysis","conflicts":"/api/acts/weapons-of-mass-destruction-regulations-2018/conflicts","importantCases":"/api/acts/weapons-of-mass-destruction-regulations-2018/important-cases","documents":"/api/acts/weapons-of-mass-destruction-regulations-2018/documents"}}