11Application of Act

11 Application of Act

(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.