Part 1
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Commonwealth act
This law implements Australia’s obligations under the Chemical Weapons Convention by making development, possession, transfer, use, and preparation of chemical weapons criminal offences (with very serious penalties) and by requiring immediate reporting of suspected chemical weapons. It mainly affects chemical manufacturers, researchers, facility operators, transport operators, and Australians abroad or on Australian ships/aircraft.
It also creates a tiered permit/notification regime and inspection powers to regulate controlled chemicals with legitimate uses, plus corporate liability for breaches—so regulated entities must comply with permits, records and inspections.
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Direct links to the current provisions in Chemical Weapons (Prohibition) Act 1994.
This Act may be cited as the Chemical Weapons (Prohibition) Act 1994.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsections (3) and (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) Subject to subsection (4), if a provision referred to in subsection (2) does not commence on an earlier day, that provision commences on the day on which the Convention enters into force. (4) Despite the fact that the provisions of Part 5 are proclaimed to commence at an earlier time, the provisions of that Part, in so far as they permit international compliance inspections of OCP facilities, do not operate until a date: (a) that is proclaimed for the purpose of this subsection; and (b) that is not earlier than the third anniversary of the day on which the Convention enters into force.
The object of this Act is to give effect to certain obligations that Australia has as a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
This Act extends to the external Territories.
(1) Subject to this Act, this Act extends to acts done or omitted to be done by an Australian citizen outside Australia and the external Territories or to acts done on board Australian ships and aircraft.
Note: Extended geographical jurisdiction applies to the offence against section 12.
(2) In subsection (1):
Australian ships and aircraft means ships and aircraft registered in Australia or belonging to, or in the possession of, the Commonwealth or a State.
(1) This Act binds the Crown in all its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
(1) In this Act, unless the contrary intention appears:
challenge inspection means an inspection declared by the Minister to be a challenge inspection under section 47 and carried out under Division 3 of Part 5.
challenge inspection site means a site that is declared by the Minister to be a challenge inspection site.
Chemical Weapons Convention Office means the Office referred to in section 88.
constable means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
consumption facility means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a consumption facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
Controller means the Controller of Permits and Notifications referred to in section 90.
Convention means the Convention (including the annexes to the Convention) a copy of the English text of which is set out in the Schedule, as amended by any amendment to the Convention that is accepted by Australia and a copy of the English text of which is set out in the regulations.
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device.
declared facility means:
(a) in a provision of the Act other than a provision relating to an international compliance inspection—a Schedule 1, 2 or 3 facility or an OCP facility; and
(b) in a provision of the Act relating to an international compliance inspection—a Schedule 1 facility, a facility referred to in section 40 or 41, or an OCP facility.
Director means the Director of the Chemical Weapons Convention Office referred to in section 86.
facility means a particular plant site comprising one or more plants.
facility agreement, in respect of a particular facility, means an agreement or arrangement entered into under section 76 between the Minister, on behalf of Australia, and the Organization setting out detailed inspection procedures to be followed in respect of an international compliance inspection, or a challenge inspection, of that facility:
(a) at which the production, acquisition, retention or use, or from which the transfer, of a Schedule 1 chemical takes place; or
(b) at which the production, processing or consumption of a Schedule 2 chemical takes place; or
(c) at which the production of a Schedule 3 chemical or of an unscheduled discrete organic chemical takes place.
foreign country inspector means a person declared to be a foreign country inspector by the Minister under section 49.
inspection team means the national inspector and any person assisting the national inspector.
international compliance inspection means an inspection carried out under Division 2 of Part 5.
national inspector means the Director or person holding an appointment as a national inspector under section 92.
non State Party means a State that is not a signatory to the Convention.
notification, in relation to a facility and a year, means a notification to the Director required under section 28 in relation to that facility and that year.
notification year means:
(a) in relation to a Schedule 1, 2 or 3 facility—the year when a permit that is, was or would have been in force, gives rise to the obligation to notify; or
(b) in relation to an OCP facility—the year when the level of production gives rise to the obligation to notify.
observer means a person declared by the Minister to be an observer under section 48.
occupier, in relation to a declared facility, challenge inspection site or other premises, includes a person present at the facility, site or premises who apparently represents the occupier.
OCP facility means a facility covered by a notification required under subsection 28(6).
operator, in relation to a facility, means the person having ultimate responsibility, as distinct from day‑to‑day management, in relation to operations carried on at the facility and includes the legal personal representative, administrator and other successor in title of that person.
Organization means the Organization for the Prohibition of Chemical Weapons established under the Convention.
Organization inspector means a person declared by the Minister to be an Organization inspector under section 100.
permit means a permit granted under section 18 and includes such a permit as renewed under section 19A or 20.
permit year, in relation to a Schedule 1, 2 or 3 facility, means a year during which a permit is in force in respect of that facility.
person assisting the national inspector, in relation to the execution of a warrant:
(a) means a person authorised by the national inspector to assist in the execution of the warrant; and
(b) if the inspection is conducted under Division 2 or 3 of Part 5—includes an Organization inspector or a foreign country inspector accompanying the national inspector.
premises includes a place and a conveyance.
protective facility means a facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a protective facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
research facility means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a research facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
Schedule 1 chemical means a chemical listed in Schedule 1 to the Convention.
Schedule 1 facility means:
(a) a single small‑scale facility; or
(b) a protective facility; or
(c) a research facility; or
(d) a consumption facility.
Schedule 2 chemical means a chemical listed in Schedule 2 to the Convention.
Schedule 2 facility means a facility covered by a permit required under subsection 16(2) or a notification required under subsection 28(2).
Schedule 2 permit threshold, in relation to a Schedule 2 chemical, means:
(a) if the chemical is listed in Part A of Schedule 2 to the Convention and designated with an “\*”—1 kilogram; or
(b) if the chemical is listed in Part A of Schedule 2 to the Convention but is not designated with an “\*”—100 kilograms; or
(c) if the chemical is listed in Part B of Schedule 2 to the Convention—1 tonne.
Schedule 3 chemical means a chemical listed in Schedule 3 to the Convention.
Schedule 3 facility means a facility covered by a permit required under subsection 16(3) or a notification required under subsection 28(4).
scheduled chemical means a chemical that is listed in Schedule 1, 2 or 3 to the Convention.
single small‑scale facility means a small‑scale facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a single small‑scale facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
State Party means a State that is a signatory to the Convention.
unscheduled discrete organic chemical means a discrete organic chemical not listed in Schedule 1, 2 or 3 to the Convention.
vehicle includes a hovercraft.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through water, but does not include a hovercraft.
(2) Unless the contrary intention appears, an expression that is used both in this Act and in the Convention but is not defined in subsection (1) (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.
In this Act, a reference to an approved form or to an approved procedure is a reference to a form that is approved, or to a procedure that is approved, by written instrument, by the Director.
The Director may require or permit an application, notice or report that is to be given to the Controller or Director for the purposes of this Act to be given, in accordance with specified software requirements and specified authentication requirements: (a) on a specified kind of data storage device; or (b) by way of a specified kind of electronic transmission.
(1) For the purposes of this Act, the regulations may provide that consumption, in relation to a specified chemical, has the meaning prescribed by the regulations. (2) For the purposes of this Act, the regulations may provide that processing, in relation to a specified chemical, has the meaning prescribed by the regulations. (3) For the purposes of this Act, the regulations may provide that production, in relation to a specified chemical, has the meaning prescribed by the regulations.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(1) If, in a proceeding under this Act in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Conduct engaged in on behalf of a body corporate: (a) by a director, employee or agent of the body corporate within the scope of the person’s actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent; is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. (3) If, in a proceeding under this Act in respect of conduct engaged in by an individual, it is necessary to establish the state of mind of the individual, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the relevant state of mind. (4) Conduct engaged in on behalf of an individual: (a) by an employee or agent of the person within the scope of the actual or apparent authority of the employee or agent; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the individual, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent; is taken, for the purposes of this Act, to have been engaged in also by that individual unless that individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) If: (a) an individual is convicted of an offence; and (b) the individual would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the individual is not liable to be punished by imprisonment for that offence. (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory. (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
(1) In determining: (a) the total amount of Schedule 1 chemicals that will be, or were, produced, acquired, retained or used at, or transferred from, a facility; or (b) the total amount of Schedule 2 chemicals that will be, or were, produced, processed or consumed, at a facility; any amount of such a chemical that is, or was, subjected to more than one of those activities at that facility is to be counted once only. (2) In determining the amount of Schedule 1 chemicals that are produced, acquired, retained or used at, or transferred from, Schedule 1 facilities during a year, an amount of such a chemical that is subjected to any of those activities at more than one Schedule 1 facility during a year is to be counted once only. (3) For the purposes of this Act, the regulations may prescribe the method for working out the total amount of a specified Schedule 1 chemical that is produced, acquired, retained or used at, or transferred from, a facility during a year. (4) For the purposes of this Act, the regulations may prescribe the method for working out the total amount of a specified Schedule 2 chemical that is produced, processed or consumed at a plant comprising, or comprising part of, a facility during a year. (5) For the purposes of this Act, the regulations may prescribe the method for working out the total amount of a specified Schedule 3 chemical that is produced at a plant comprising, or comprising part of, a facility during a year. (6) For the purposes of paragraph 28(6)(a), the regulations may prescribe the method for working out the total amount of unscheduled discrete organic chemicals produced at a facility during a year. (7) For the purposes of paragraph 28(6)(b), the regulations may prescribe the method for working out the total amount of a specified unscheduled discrete organic chemical that is produced at a plant comprising, or comprising part of, a facility during a year. (8) A method prescribed under this section may involve disregarding a chemical when produced at or below a specified concentration. (9) Subsection (8) does not limit subsection (3), (4), (5), (6) or (7).
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(1) The provisions of this Act have effect in relation to all chemical weapons, all scheduled chemicals and all unscheduled discrete organic chemicals. (2) Without prejudice to their effect because of subsection (1), the provisions of this Act have effect in relation to chemical weapons, scheduled chemicals and unscheduled discrete organic chemicals: (a) to the extent that the production of which, or the dealing with which, needs to be prevented or regulated to give effect to Australia’s obligations as a party to the Convention; or (b) that are owned by, or in the possession or control of, the Commonwealth, or of an authority or instrumentality of the Commonwealth; or (c) that are supplied to the Commonwealth, or to an authority or instrumentality of the Commonwealth; or (d) that are owned by, or in the possession or control of, a trading corporation or a foreign corporation; or (e) that are situated in a Territory or owned by or in the possession or control of: (i) a resident of a Territory; or (ii) a corporation established by or under a law of a Territory; or (f) that are in the course of trade or commerce: (i) between Australia and places outside Australia; or (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories. (3) Without prejudice to their effect because of subsection (2), the provisions of this Act have effect in relation to chemical weapons, scheduled chemicals or unscheduled discrete organic chemicals that are owned by, or are in the possession or control of, a trading corporation in the course of the trading activities of the trading corporation. (4) In this section:
foreign corporation has the same meaning as in paragraph 51(xx) of the Constitution.
trading corporation means a trading corporation, within the meaning of paragraph 51(xx) of the Constitution, formed within the limits of the Commonwealth.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) A person must not intentionally: (a) develop, produce, otherwise acquire, stockpile or retain chemical weapons; or (b) transfer, directly or indirectly, chemical weapons to another person; or (c) use chemical weapons; or (d) engage in any military preparations to use chemical weapons; or (e) assist, encourage or induce, in any way, another person to engage in any activity prohibited to a State Party under the Convention; or (f) use riot control agents as a method of warfare.
Penalty: Imprisonment for life.
(2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.
(1) If a person finds a substance or article, whether in Australia or an external Territory, or on, or in the seas above, the continental shelf adjacent to Australia or an external territory, that the person believes may be a chemical weapon, the person must immediately notify: (a) the Director; or (b) a constable; of the finding, and of the whereabouts, of the substance or article concerned.
Penalty: Imprisonment for 1 year.
(2) If the person notifies a constable, it is the responsibility of the constable to notify the Director of the matter notified to the constable.
(1) If any chemical weapon is developed, produced, otherwise acquired, stockpiled, retained or transferred in contravention of section 12, the weapon is forfeited to the Commonwealth. (2) A constable may, without warrant, seize any substance or article (including a substance or article notified to the Director or a constable under section 13) which is forfeited or which the constable has reasonable grounds to believe is forfeited to the Commonwealth as a chemical weapon under subsection (1), and take it before a court of summary jurisdiction. (3) If articles are taken before a court of summary jurisdiction under subsection (2), the court must inquire into the matter and: (a) if the court is satisfied that the substance or article is forfeited—must order that the substance or article be condemned; or (b) if the court is not so satisfied—must order that the substance or article be delivered to such person as the court is satisfied is entitled to the substance or article. (4) A court of summary jurisdiction may, before inquiring into a matter in accordance with subsection (3), require notice of the inquiry to be given to such persons as the court thinks fit. (5) If any prosecution is pending, an order for the condemnation or the delivery to a person of a substance or article relating to the prosecution must not be made until the prosecution is determined. (6) A substance or article seized under subsection (2) must be stored in accordance with the approved procedures until an order is made under subsection (3). (7) A condemned chemical weapon must be destroyed or otherwise dealt with in accordance with approved procedures as soon as practicable after it is determined that it is condemned. (8) Until it is so destroyed or otherwise dealt with, a condemned chemical weapon must be stored in accordance with approved procedures.
(1) The purpose of this Part is to ensure that the Director has knowledge of dealings with chemicals that facilitate the making of Australia’s periodic declarations under the Convention. (2) Division 1 deals with the grant, and renewal, of permits for persons who anticipate producing or otherwise dealing with scheduled chemicals in quantities such that the production or dealing needs to be part of the declaration process. The Division does not deal with persons in their production or other dealing with unscheduled discrete organic chemicals. (3) Division 2 sets up a notification system to ensure that the Minister is informed of the production or other dealing with unscheduled discrete organic chemicals during the previous year in quantities such that that production or dealing needs to be part of the declaration process. The notification requirements also extend to notification in circumstances where a permit under Division 1 was in force in respect of a particular year, but the permit will not be in force in respect of the next year.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Chemical Weapons (Prohibition) Act 1994.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsections (3) and (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) Subject to subsection (4), if a provision referred to in subsection (2) does not commence on an earlier day, that provision commences on the day on which the Convention enters into force. (4) Despite the fact that the provisions of Part 5 are proclaimed to commence at an earlier time, the provisions of that Part, in so far as they permit international compliance inspections of OCP facilities, do not operate until a date: (a) that is proclaimed for the purpose of this subsection; and (b) that is not earlier than the third anniversary of the day on which the Convention enters into force.
The object of this Act is to give effect to certain obligations that Australia has as a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction.
This Act extends to the external Territories.
(1) Subject to this Act, this Act extends to acts done or omitted to be done by an Australian citizen outside Australia and the external Territories or to acts done on board Australian ships and aircraft.
Note: Extended geographical jurisdiction applies to the offence against section 12.
(2) In subsection (1):
Australian ships and aircraft means ships and aircraft registered in Australia or belonging to, or in the possession of, the Commonwealth or a State.
(1) This Act binds the Crown in all its capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.
(1) In this Act, unless the contrary intention appears:
challenge inspection means an inspection declared by the Minister to be a challenge inspection under section 47 and carried out under Division 3 of Part 5.
challenge inspection site means a site that is declared by the Minister to be a challenge inspection site.
Chemical Weapons Convention Office means the Office referred to in section 88.
constable means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.
consumption facility means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a consumption facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
Controller means the Controller of Permits and Notifications referred to in section 90.
Convention means the Convention (including the annexes to the Convention) a copy of the English text of which is set out in the Schedule, as amended by any amendment to the Convention that is accepted by Australia and a copy of the English text of which is set out in the regulations.
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced with or without the aid of any other article or device.
declared facility means:
(a) in a provision of the Act other than a provision relating to an international compliance inspection—a Schedule 1, 2 or 3 facility or an OCP facility; and
(b) in a provision of the Act relating to an international compliance inspection—a Schedule 1 facility, a facility referred to in section 40 or 41, or an OCP facility.
Director means the Director of the Chemical Weapons Convention Office referred to in section 86.
facility means a particular plant site comprising one or more plants.
facility agreement, in respect of a particular facility, means an agreement or arrangement entered into under section 76 between the Minister, on behalf of Australia, and the Organization setting out detailed inspection procedures to be followed in respect of an international compliance inspection, or a challenge inspection, of that facility:
(a) at which the production, acquisition, retention or use, or from which the transfer, of a Schedule 1 chemical takes place; or
(b) at which the production, processing or consumption of a Schedule 2 chemical takes place; or
(c) at which the production of a Schedule 3 chemical or of an unscheduled discrete organic chemical takes place.
foreign country inspector means a person declared to be a foreign country inspector by the Minister under section 49.
inspection team means the national inspector and any person assisting the national inspector.
international compliance inspection means an inspection carried out under Division 2 of Part 5.
national inspector means the Director or person holding an appointment as a national inspector under section 92.
non State Party means a State that is not a signatory to the Convention.
notification, in relation to a facility and a year, means a notification to the Director required under section 28 in relation to that facility and that year.
notification year means:
(a) in relation to a Schedule 1, 2 or 3 facility—the year when a permit that is, was or would have been in force, gives rise to the obligation to notify; or
(b) in relation to an OCP facility—the year when the level of production gives rise to the obligation to notify.
observer means a person declared by the Minister to be an observer under section 48.
occupier, in relation to a declared facility, challenge inspection site or other premises, includes a person present at the facility, site or premises who apparently represents the occupier.
OCP facility means a facility covered by a notification required under subsection 28(6).
operator, in relation to a facility, means the person having ultimate responsibility, as distinct from day‑to‑day management, in relation to operations carried on at the facility and includes the legal personal representative, administrator and other successor in title of that person.
Organization means the Organization for the Prohibition of Chemical Weapons established under the Convention.
Organization inspector means a person declared by the Minister to be an Organization inspector under section 100.
permit means a permit granted under section 18 and includes such a permit as renewed under section 19A or 20.
permit year, in relation to a Schedule 1, 2 or 3 facility, means a year during which a permit is in force in respect of that facility.
person assisting the national inspector, in relation to the execution of a warrant:
(a) means a person authorised by the national inspector to assist in the execution of the warrant; and
(b) if the inspection is conducted under Division 2 or 3 of Part 5—includes an Organization inspector or a foreign country inspector accompanying the national inspector.
premises includes a place and a conveyance.
protective facility means a facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a protective facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
research facility means a facility:
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a research facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
Schedule 1 chemical means a chemical listed in Schedule 1 to the Convention.
Schedule 1 facility means:
(a) a single small‑scale facility; or
(b) a protective facility; or
(c) a research facility; or
(d) a consumption facility.
Schedule 2 chemical means a chemical listed in Schedule 2 to the Convention.
Schedule 2 facility means a facility covered by a permit required under subsection 16(2) or a notification required under subsection 28(2).
Schedule 2 permit threshold, in relation to a Schedule 2 chemical, means:
(a) if the chemical is listed in Part A of Schedule 2 to the Convention and designated with an “\*”—1 kilogram; or
(b) if the chemical is listed in Part A of Schedule 2 to the Convention but is not designated with an “\*”—100 kilograms; or
(c) if the chemical is listed in Part B of Schedule 2 to the Convention—1 tonne.
Schedule 3 chemical means a chemical listed in Schedule 3 to the Convention.
Schedule 3 facility means a facility covered by a permit required under subsection 16(3) or a notification required under subsection 28(4).
scheduled chemical means a chemical that is listed in Schedule 1, 2 or 3 to the Convention.
single small‑scale facility means a small‑scale facility (if any):
(a) that is covered by a permit required under subsection 16(1) and designated in the permit as a single small‑scale facility; or
(b) that was so covered and designated but is now covered by a notification required under subsection 28(1).
State Party means a State that is a signatory to the Convention.
unscheduled discrete organic chemical means a discrete organic chemical not listed in Schedule 1, 2 or 3 to the Convention.
vehicle includes a hovercraft.
vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through water, but does not include a hovercraft.
(2) Unless the contrary intention appears, an expression that is used both in this Act and in the Convention but is not defined in subsection (1) (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.
In this Act, a reference to an approved form or to an approved procedure is a reference to a form that is approved, or to a procedure that is approved, by written instrument, by the Director.
The Director may require or permit an application, notice or report that is to be given to the Controller or Director for the purposes of this Act to be given, in accordance with specified software requirements and specified authentication requirements: (a) on a specified kind of data storage device; or (b) by way of a specified kind of electronic transmission.
(1) For the purposes of this Act, the regulations may provide that consumption, in relation to a specified chemical, has the meaning prescribed by the regulations. (2) For the purposes of this Act, the regulations may provide that processing, in relation to a specified chemical, has the meaning prescribed by the regulations. (3) For the purposes of this Act, the regulations may provide that production, in relation to a specified chemical, has the meaning prescribed by the regulations.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.
(1) If, in a proceeding under this Act in respect of conduct engaged in by a body corporate, it is necessary to establish the state of mind of the body corporate in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and (b) that the director, employee or agent had the state of mind. (2) Conduct engaged in on behalf of a body corporate: (a) by a director, employee or agent of the body corporate within the scope of the person’s actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent; is taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct. (3) If, in a proceeding under this Act in respect of conduct engaged in by an individual, it is necessary to establish the state of mind of the individual, it is sufficient to show: (a) that the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the relevant state of mind. (4) Conduct engaged in on behalf of an individual: (a) by an employee or agent of the person within the scope of the actual or apparent authority of the employee or agent; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the individual, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent; is taken, for the purposes of this Act, to have been engaged in also by that individual unless that individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) If: (a) an individual is convicted of an offence; and (b) the individual would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the individual is not liable to be punished by imprisonment for that offence. (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory. (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
(1) In determining: (a) the total amount of Schedule 1 chemicals that will be, or were, produced, acquired, retained or used at, or transferred from, a facility; or (b) the total amount of Schedule 2 chemicals that will be, or were, produced, processed or consumed, at a facility; any amount of such a chemical that is, or was, subjected to more than one of those activities at that facility is to be counted once only. (2) In determining the amount of Schedule 1 chemicals that are produced, acquired, retained or used at, or transferred from, Schedule 1 facilities during a year, an amount of such a chemical that is subjected to any of those activities at more than one Schedule 1 facility during a year is to be counted once only. (3) For the purposes of this Act, the regulations may prescribe the method for working out the total amount of a specified Schedule 1 chemical that is produced, acquired, retained or used at, or transferred from, a facility during a year. (4) For the purposes of this Act, the regulations may prescribe the method for w
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