An Act to give effect to certain obligations that Australia has as a party to the South Pacific Nuclear Free Zone Treaty, and for related purposes
Part I—Preliminary
1 Short title
This Act may be cited as the South Pacific Nuclear Free Zone Treaty Act 1986.
2 Commencement
(1) Sections 1 to 7 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
3 Principal object of Act
The principal object of this Act is to give effect to certain obligations that Australia has as a party to the South Pacific Nuclear Free Zone Treaty.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Australia includes the external Territories.
Australian aircraft means:
(a) an aircraft registered or required to be registered under regulations made under the Civil Aviation Act 1988;
(b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
(c) an aircraft of any part of the Defence Force (including an aircraft that is being commanded or piloted by a member of that Force in the course of the member's duties as such a member).
Australian ship means:
(a) a ship registered in Australia; or
(b) an unregistered ship that has Australian nationality.
authorised officer means a person appointed as an authorised officer under subsection 19(3).
foreign aircraft has the same meaning as it has when used in the Treaty.
foreign ship has the same meaning as it has when used in the Treaty.
identity card means:
(a) in relation to an inspector—an identity card issued under section 58 of the Nuclear Non‑Proliferation (Safeguards) Act 1987; and
(b) in relation to an authorised officer—an identity card issued under section 20 of this Act.
inspector means a person appointed as an inspector under subsection 57(1) of the Nuclear Non‑Proliferation (Safeguards) Act 1987.
nuclear explosive device has the same meaning as in the Treaty.
offence against this Act includes:
(a) an offence against section 6 of the Crimes Act 1914 in relation to an offence against this Act; and
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence in relation to an offence against this Act.
South Pacific Nuclear Free Zone Treaty means the treaty of that title that was done at Rarotonga and signed on behalf of Australia on 6 August 1985, a copy of which is set out in the Schedule, and, subject to subsection (2), includes that treaty as amended from time to time.
stationing has the same meaning as in the Treaty.
Treaty means the South Pacific Nuclear Free Zone Treaty.
Treaty inspection means an inspection by a Treaty inspector, in accordance with Annex 4 to the Treaty, in respect of a complaint brought against Australia pursuant to the Treaty.
Treaty inspector means a person declared, pursuant to subsection 19(1), to be a Treaty inspector for the purposes of this Act.
(2) An amendment to the Treaty:
(a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and
(b) takes effect for the purposes of this Act from the day on which the regulations referred to in paragraph (a) take effect or such later day as is specified in those regulations.
5 Conduct by directors, employees or agents
(1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, employee or agent of the body corporate, being a director, employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(2) Any conduct engaged in on behalf of a body corporate:
(a) by a director, employee or agent of the body corporate within the scope of his or her 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, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent;
shall be deemed, for the purposes of this Act, to have been engaged in by the body corporate.
(3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that an employee or agent of the person, being an employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.
(4) Conduct engaged in on behalf of a person other than a body corporate:
(a) by an employee or agent of the person within the scope of his or her actual or apparent authority; 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 first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent;
shall be deemed, for the purposes of this Act, to have been engaged in by the first‑mentioned person.
(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the person's intention, opinion, belief or purpose.
(6) 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, of a State or of a Territory.
6 Act to extend to external Territories
This Act extends to every external Territory.
7 Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
7A Application of the Criminal Code
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.
Part II—Prohibitions in relation to nuclear explosive devices
8 Manufacture, production and acquisition of nuclear explosive devices prohibited
(1) A person who undertakes or engages in the manufacture or production of a nuclear explosive device commits an offence against this subsection.
(2) A person who acquires a nuclear explosive device commits an offence against this subsection.
9 Research and development relating to manufacture or production of nuclear explosive devices prohibited
A person who undertakes or engages in research or development for the purpose of, or directed towards, the manufacture or production (whether by that person or otherwise) of a nuclear explosive device commits an offence against this section.
10 Possession of, or control over, nuclear explosive devices prohibited
A person who:
(a) possesses a nuclear explosive device; or
(b) has control over a nuclear explosive device;
commits an offence against this section.
11 Stationing of nuclear explosive devices in Australia prohibited
A person who stations, or does any act or thing to facilitate the stationing of, a nuclear explosive device in Australia commits an offence against this section.
12 Testing of nuclear explosive devices prohibited
A person who undertakes or carries out a test of a nuclear explosive device commits an offence against this section.
13 Facilitation of manufacture, production, acquisition or testing of nuclear explosive devices prohibited
A person who does any act or thing to facilitate the manufacture, production, acquisition or testing by any person (including a foreign country) of a nuclear explosive device (whether in or outside Australia) commits an offence against this section.
14 Application of offence provisions outside Australia
(1) Sections 8, 9, 10, 12 and 13 extend to an act or thing done outside Australia if the act or thing is done:
(a) by the Commonwealth, a State or a Territory or an authority of the Commonwealth, a State or a Territory; or
(b) on an Australian ship or an Australian aircraft.
(2) Subsection (1) shall not be read as derogating from the effect of the Crimes at Sea Act 2000.
15 Visits of foreign ships and aircraft etc.
(1) Nothing in this Part makes it unlawful for a person (including the Commonwealth, a State or a Territory or an authority of the Commonwealth, a State or a Territory) to allow or facilitate:
(a) a visit to a port in Australia by a foreign ship;
(b) a visit to an airfield in Australia by a foreign aircraft;
(c) navigation through Australian waters by a foreign ship; or
(d) the transit through the airspace over Australia by a foreign aircraft;
whether or not Australia is required under international law to allow that visit, navigation or transit.
(2) No act done in relation to a nuclear explosive device that is on:
(a) a foreign ship exercising a right under international law to navigate through Australian waters;
(b) a foreign aircraft exercising a right under international law of transit through the airspace over Australia;
(c) a foreign ship visiting a port in Australia;
(d) a foreign aircraft visiting an airfield in Australia;
(e) a foreign ship navigating through Australian waters with the concurrence or acquiescence of the Commonwealth; or
(f) a foreign aircraft in transit through the airspace over Australia with the concurrence or acquiescence of the Commonwealth;
constitutes an offence against subsection 8(2) or section 10, 11 or 13.
(3) Section 10 does not apply to or in relation to a nuclear explosive device of a foreign country, being a nuclear explosive device that is outside Australia.
(4) The reference in subsection (2) to an act done in relation to a nuclear explosive device includes a reference to the possession of, or having control over, a nuclear explosive device.
(5) A reference in this section to a visit by a foreign ship to a port in Australia includes a reference to such a visit by a ship for the purposes of dry‑docking.
(6) A visit by a foreign ship to Australia for the purposes of dry‑docking otherwise than at a port shall be deemed, for the purposes of this section, to be a visit by that ship to a port in Australia for the purposes of that dry‑docking.
(7) A reference in this section to navigation through Australian waters includes a reference to presence in those waters (whether or not in the course of navigation through those waters).
(8) In this section, Australian waters means:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia.
16 Penalties for offences
The penalty on conviction of an offence against subsection 8(1) or (2) or section 9, 10, 11, 12 or 13 is:
(a) if the offender is a natural person—imprisonment for a period not exceeding 20 years or a fine not exceeding 1,000 penalty units, or both; or
(b) if the offender is a body corporate—a fine not exceeding 5,000 penalty units.
Part III—Safeguards in relation to nuclear material and prevention of dumping at sea of radioactive wastes and other radioactive matter
17 Safeguards in relation to nuclear material
(1) Provision for the imposition and maintenance of safeguards in relation to nuclear material, pursuant to Australia's obligations under Articles 4 and 8 of, and Annex 2 to, the Treaty, is made in the Nuclear Non‑Proliferation (Safeguards) Act 1987.
(2) Subsection (1) does not derogate from the operation of the Nuclear Non‑Proliferation (Safeguards) Act 1987.
(3) In this section, nuclear material has the same meaning as in the Nuclear Non‑Proliferation (Safeguards) Act 1987.
18 Prevention of dumping at sea of radioactive wastes and other radioactive matter
(1) Provision for the prevention of the dumping at sea of radioactive wastes and other radioactive matter, pursuant to Australia's obligations under Article 7 of the Treaty, is made in the Environment Protection (Sea Dumping) Act 1981.
(2) Subsection (1) does not derogate from the operation of the Environment Protection (Sea Dumping) Act 1981.
Part IV—Inspections
Division 1—Treaty inspectors and authorised officers
19 Treaty inspectors and authorised officers
(1) Where the Minister is satisfied that a person has, in accordance with Annex 4 to the Treaty, been appointed as a special inspector for the purpose of investigating a complaint brought against Australia pursuant to the Treaty, the Minister shall, in writing, declare the person to be a Treaty inspector for the purposes of this Act.
(2) Where the Minister declares a person to be a Treaty inspector for the purposes of this Act, the Minister shall give the person a copy of the declaration.
(3) The Minister may, in writing, appoint a person as an authorised officer for the purposes of this Act.
(4) The Minister may, in the Minister's discretion:
(a) determine terms and conditions of appointment, including remuneration and allowances, of a person appointed under subsection (3); and
(b) at any time terminate such an appointment.
20 Identity cards
(1) The Minister may issue to an authorised officer an identity card in a form approved by the Minister.
(2) Where a person in possession of an identity card issued to the person under subsection (1) ceases to be an authorised officer, the person shall forthwith return the identity card to the Minister or a person nominated by the Minister.
Penalty: 1 penalty unit.
(3) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
Division 2—Inspections and searches
21 Facilitation by inspectors of Treaty inspections
(1) A reference in this section to a relevant power shall be read as a reference to a power to:
(a) search land or premises or a vessel, aircraft or vehicle;
(b) inspect or examine a matter or thing;
(c) take samples of a matter or thing;
(d) examine a document;
(e) take extracts from, or make copies of, a document; or
(f) do any other act or thing necessary or convenient to be done in order to facilitate a Treaty inspection.
(2) An inspector may:
(a) with the consent of the occupier of any land or premises; or
(b) pursuant to a warrant issued under subsection (5) in respect of any land or premises;
enter upon the land, or upon or into the premises, and exercise any relevant power for the purpose of facilitating a Treaty inspection.
(3) An inspector may:
(a) with the consent of the person in control of any vessel, aircraft or vehicle; or
(b) pursuant to a warrant issued under subsection (5) in respect of any vessel, aircraft or vehicle;
enter the vessel, aircraft or vehicle, and exercise any relevant power for the purpose of facilitating a Treaty inspection.
(4) Where an inspector may enter a vessel, aircraft or vehicle under subsection (3), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a relevant power for the purpose of facilitating a Treaty inspection, stop and detain the vessel, aircraft or vehicle.
(5) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for an inspector having access to any land, premises, vessel, aircraft or vehicle, in order to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle for the purpose of facilitating a Treaty inspection, and the information sets out those grounds, the Magistrate may issue a warrant, in accordance with the appropriate form prescribed for the purposes of this subsection, authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force:
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle; and
(b) to exercise relevant powers in relation to the land, premises, vessel, aircraft or vehicle, as the case requires, for the purpose of facilitating the Treaty inspection.
(6) A Magistrate shall not issue a warrant under subsection (5) unless:
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(7) There shall be stated in a warrant issued under subsection (5):
(a) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
(b) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
22 Treaty inspections by Treaty inspectors
(1) A reference in this section to a relevant power shall be read as a reference to a power to:
(a) inspect or examine a matter or thing;
(b) take samples of a matter or thing;
(c) examine a document;
(d) take extracts from, or make copies of, a document; or
(e) do any other act or thing necessary or convenient to be done in order to carry out a Treaty inspection.
(2) For the purposes of carrying out a Treaty inspection, a Treaty inspector may, with the consent of the occupier of any land or premises, enter upon the land, or upon or into the premises, and exercise any relevant power.
(3) For the purposes of carrying out a Treaty inspection, a Treaty inspector may, with the consent of the person in control of a vessel, aircraft or vehicle, enter the vessel, aircraft or vehicle, and exercise any relevant power.
(4) Where a warrant is issued to an inspector (in this subsection referred to as the relevant inspector) under subsection 21(5) authorising the exercise of powers in relation to any land, premises, vessel, aircraft or vehicle for the purpose of facilitating a Treaty inspection, a Treaty inspector may accompany the relevant inspector when the relevant inspector enters upon the land or upon or into the premises, vessel, aircraft or vehicle, and may, for the purposes of carrying out the Treaty inspection, exercise any relevant power.
23 Powers of authorised officers
(1) A reference in this section to a relevant power shall be read as a reference to a power to:
(a) inspect or examine a matter or thing;
(b) take samples of a matter or thing;
(c) examine a document;
(d) take extracts from, or make copies of, a document; or
(e) do any other act or thing necessary or convenient to be done for the purposes of observing, in accordance with Annex 4 to the Treaty, the carrying out of a Treaty inspection.
(2) For the purposes of observing, in accordance with Annex 4 to the Treaty, the carrying out of a Treaty inspection, an authorised officer may, with the consent of the occupier of any land or premises, enter upon the land, or upon or into the premises, and exercise any relevant power.
(3) For the purposes of observing, in accordance with Annex 4 to the Treaty, the carrying out of a Treaty inspection, an authorised officer may, with the consent of the person in control of a vessel, aircraft or vehicle, enter the vessel, aircraft or vehicle, and exercise any relevant power.
(4) Where a warrant is issued to an inspector (in this subsection referred to as the relevant inspector) under subsection 21(5) authorising the exercise of powers in relation to any land, premises, vessel, aircraft or vehicle for the purpose of facilitating a Treaty inspection, an authorised officer may accompany the relevant inspector when the relevant inspector enters upon the land or upon or into the premises, vessel, aircraft or vehicle, and may, for the purpose of observing the carrying out of the Treaty inspection, exercise any relevant power.
24 Inspectors may require information etc.
(1) An inspector may request a person whom the inspector finds committing, or whom the inspector suspects on reasonable grounds of having committed, an offence against this Act to state that person's full name and usual place of residence.
(2) Where an inspector makes a request of a person under subsection (1), the inspector shall produce the inspector's identity card for inspection by the person and, if the inspector fails to do so, the person is not obliged to comply with the request.
(3) Subject to subsection (2), a person who, without reasonable excuse, fails to comply with a request made of the person by an inspector under subsection (1) commits an offence against this section punishable, on conviction, by a fine not exceeding 10 penalty units.
(4) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
25 Offence‑related searches and seizures
(1) Where an inspector has reasonable grounds for suspecting that there may be on any land or premises any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:
(a) with the consent of the occupier of the land or premises; or
(b) pursuant to a warrant issued under subsection (4);
enter upon the land, or upon or into the premises, and:
(c) search the land or premises for any such article or thing; and
(d) seize any such article or thing found upon the land or upon or in the premises.
(2) Where an inspector has reasonable grounds for suspecting that there is in any vessel, aircraft or vehicle any article or thing that may afford evidence as to the commission of an offence against this Act, the inspector may:
(a) with the consent of the person in control of the vessel, aircraft or vehicle; or
(b) pursuant to a warrant issued under subsection (4);
enter the vessel, aircraft or vehicle and:
(c) search the vessel, aircraft or vehicle for any such article or thing; and
(d) seize any such article or thing found in the vessel, aircraft or vehicle.
(3) Where an inspector may enter a vessel, aircraft or vehicle under subsection (2), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a power referred to in paragraph (2)(c) or (d), stop and detain the vessel, aircraft or vehicle.
(4) Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon any land or upon or in any premises, vessel, aircraft or vehicle, any article or thing that may afford evidence as to the commission of an offence against this Act and the information sets out those grounds, the Magistrate may issue a search warrant, in accordance with the appropriate form prescribed for the purposes of this subsection, authorising an inspector named in the warrant, with such assistance as the inspector thinks necessary, and if necessary by force:
(a) to enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(b) to search the land, premises, vessel, aircraft or vehicle for any such article or thing; and
(c) to seize any article or thing that the inspector:
(i) finds upon the land or upon or in the premises, vessel, aircraft or vehicle; and
(ii) believes on reasonable grounds may be an article or thing connected with that offence.
(5) A Magistrate shall not issue a warrant under subsection (4) unless:
(a) the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(6) There shall be stated in a warrant issued under subsection (4):
(a) the purpose for which the warrant is issued, including a reference to the nature of the offence in relation to which the entry and search are authorised;
(b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of articles or things to be seized; and
(d) a day, not being later than one month after the day of issue of the warrant, upon which the warrant ceases to have effect.
(7) Where an inspector seizes any article or thing pursuant to subsection (1) or (2), the inspector may retain the article or thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the article or thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.
(8) The Minister may authorise any article or thing seized under subsection (1) or (2) to be released to the owner, or to the person from whom the article or thing was seized, either unconditionally or on such conditions as the Minister thinks fit, including conditions as to the giving of security for payment of the value of the article or thing if it is forfeited under section 31.
26 Warrants may be granted by telephone
(1) Where, by reason of circumstances of urgency, an inspector considers it necessary to do so, the inspector may make an application for a warrant under subsection 25(4), by telephone, in accordance with this section.
(2) Before so making application, an inspector shall prepare an information of a kind referred to in subsection 25(4) that sets out the grounds on which the issue of the warrant is being sought, but may, if it is necessary to do so, make the application before the information has been sworn.
(3) Where a Magistrate to whom an application under subsection (1) is made is satisfied:
(a) after having considered the terms of the information prepared in accordance with subsection (2); and
(b) after having received such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought;
that there are reasonable grounds for issuing the warrant, the Magistrate shall complete and sign such a search warrant as the Magistrate would issue under section 25 if the application had been made in accordance with that section.
(4) Where a Magistrate signs a warrant under subsection (3):
(a) the Magistrate shall inform the inspector of the terms of the warrant and the date on which and the time at which it was signed, and record on the warrant the reasons for the granting of the warrant; and
(b) the inspector shall complete a form of warrant in the terms given to the inspector by the Magistrate and write on it the name of the Magistrate and the date on which and the time at which the warrant was signed.
(5) Where an inspector completes a form of warrant in accordance with subsection (4), the inspector shall, not later than the day next following the date of expiry of the warrant, give to the Magistrate who signed the warrant the form of warrant completed by the inspector and the information duly sworn in connection with the warrant.
(6) Upon receipt of the documents referred to in subsection (5), the Magistrate shall attach to them the warrant signed by the Magistrate and deal with the documents in the manner in which the Magistrate would have dealt with the information if the application for the warrant had been made in accordance with section 25.
(7) A form of warrant duly completed by an inspector in accordance with subsection (4) is, if it is in accordance with the terms of the warrant signed by the Magistrate, authority for any entry, search, seizure or other exercise of a power that the warrant so signed authorises.
(8) Where it is material, in any proceedings, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised in accordance with this section, and the warrant signed by a Magistrate in accordance with this section authorising the entry, search, seizure or other exercise of power is not produced in evidence, the court shall assume, unless the contrary is proved, that the entry, search, seizure or other exercise of power was not authorised by such a warrant.
27 Emergency searches and seizures
(1) Subject to subsection (2), where an inspector believes on reasonable grounds that:
(a) there is situated upon any land, or upon or in any premises, vessel, aircraft or vehicle any article or thing that the inspector believes on reasonable grounds will afford evidence of the commission of an offence against this Act; and
(b) the exercise of powers under this section is necessary to prevent the concealment, loss or destruction of the article or thing;
the inspector may, with such assistance as the inspector thinks fit, and if necessary by force:
(c) enter upon the land or upon or into the premises, vessel, aircraft or vehicle;
(d) search for the article or thing; and
(e) seize the article or thing.
(2) An inspector shall not exercise powers under subsection (1) unless the power is exercised in circumstances of such seriousness and urgency as to require and justify the immediate exercise of those powers without the authority of a warrant issued under section 25.
(3) The reference in subsection (2) to a warrant issued under section 25 includes a reference to such a warrant issued in accordance with section 26.
(4) Where an inspector may enter a vessel, aircraft or vehicle under subsection (1), the inspector may, for the purpose of effecting that entry and for the purpose of exercising a power referred to in paragraph (1)(d) or (e), stop and detain the vessel, aircraft or vehicle.
(5) Where an inspector seizes any article or thing pursuant to subsection (1), the inspector may retain the article or thing until the expiration of a period of 60 days after the seizure or, if proceedings for an offence against this Act in respect of which the article or thing may afford evidence are instituted within that period, until the proceedings (including any appeal to a court in relation to those proceedings) are terminated.
(6) The Minister may authorise any article or thing, seized under subsection (1) to be released to the owner, or to the person from whom the article or thing was seized, either unconditionally or on such conditions as the Minister thinks fit, including conditions as to the giving of security for payment of the value of the article or thing if it is forfeited under section 31.
28 Persons to assist inspectors
(1) Subject to subsection (2), where an inspector has entered upon any land or upon or into any premises, vessel, aircraft or vehicle under section 21, 25 or 27, the occupier of the land or premises or the person in charge of the vessel, aircraft or vehicle, as the case requires, shall, if requested by the inspector to do so, provide reasonable assistance to the inspector for the purposes of the exercise of the inspector's powers under that section in respect of the land, premises, vessel, aircraft or vehicle, as the case requires.
Penalty: Imprisonment for 6 months or 10 penalty units, or both.
(2) Where an inspector makes a request of a person under subsection (1), the inspector shall produce the inspector's identity card for inspection by the person and, if the inspector fails to do so, the person is not obliged to comply with the request.
29 Inspectors, Treaty inspectors and authorised officers to produce evidence of identity
(1) Where an inspector exercises a power under section 21, 25 or 27 (otherwise than pursuant to a warrant) in relation:
(a) land or premises;
(b) a vessel, aircraft or vehicle; or
(c) an article or thing;
the inspector shall forthwith produce the inspector's identity card for inspection by the person (if any) who is in charge of the land, premises, vessel, aircraft or vehicle or in possession of the article or thing and, if the inspector fails to do so, the inspector ceases to be authorised to exercise that power.
(2) Where a Treaty inspector exercises a power under section 22 in relation to any land, premises, vessel, aircraft or vehicle, the Treaty inspector shall forthwith produce for inspection by the person (if any) who is in charge of the land, premises, vessel, aircraft or vehicle, a copy of the declaration made, pursuant to subsection 19(1), in respect of the Treaty inspector and, if the Treaty inspector fails to do so, the Treaty inspector ceases to be authorised to exercise that power.
(3) Where an authorised officer exercises a power under section 23 in relation to any land, premises, vessel, aircraft or vehicle, the authorised officer shall forthwith produce for inspection by the person (if any) who is in charge of the land, premises, vessel, aircraft or vehicle the authorised officer's identity card and, if the authorised officer fails to do so, the authorised officer ceases to be authorised to exercise that power.
Part V—Miscellaneous
30 Delegation by the Minister
(1) The Minister may either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to an officer of the Department all or any of the Minister's powers under this Act (other than this power of delegation).
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.
(3) A delegation under this section does not prevent the exercise of a power by the Minister.
31 Forfeiture
(1) Where a court:
(a) convicts a person of an offence against this Act; or
(b) makes an order under section 19B of the Crimes Act 1914 in respect of a person charged with an offence against this Act;
the court may order the forfeiture to the Commonwealth of any article or thing used or otherwise involved in the commission of the offence.
(2) Any article or thing ordered by a court to be forfeited under this section becomes the property of the Commonwealth and may be sold or otherwise dealt with in accordance with the directions of the Minister and, pending the giving of such a direction by the Minister, the article or thing shall be kept in such custody as the Minister directs.
32 Offence against 2 or more provisions
(1) Where the act of a person is an offence against a provision of this Act and is also an offence against another provision of this Act, the person may be prosecuted and convicted for either of those offences, but the person is not liable to be punished more than once in respect of the same act.
(2) A reference in subsection (1) to an offence against a provision of this Act includes a reference to:
(a) an offence against section 6 of the Crimes Act 1914 in relation to an offence against a provision of this Act; and
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence in relation to an offence against a provision of this Act.
33 Consent to prosecutions
(1) A reference in this section to relevant proceedings is a reference to proceedings for the commitment of a person for trial on indictment for an offence against a provision of Part II.
(2) Relevant proceedings shall not be instituted except with the consent in writing of the Attorney‑General or a person authorised by the Attorney‑General, in writing, to give such consents.
(3) Notwithstanding that a consent has not been given in relation to relevant proceedings in accordance with subsection (2):
(a) a person may be charged with an offence against a provision of Part II;
(b) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and
(c) a person so charged may be remanded in custody or on bail;
but no further step in such proceedings shall be taken in relation to the offence until such a consent has been given.
(4) Nothing in subsection (3) shall prevent the discharging of the accused if proceedings are not continued within a reasonable time.
(5) A reference in this section to an offence against a provision of Part II includes a reference to:
(a) an offence against section 6 of the Crimes Act 1914 in relation to an offence against a provision of that Part; and
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code, being an offence in relation to an offence against a provision of that Part.
34 Hearing in camera etc.
(1) At any time before or during the hearing of proceedings before a court in relation to an offence against this Act, the Judge or Magistrate may, if satisfied that such a course is expedient in order to prevent the disclosure of information of a kind referred to in the definition of associated technology in subsection 4(1) of the Nuclear Non‑Proliferation (Safeguards) Act 1987:
(a) order that some or all of the members of the public shall be excluded during the whole or a part of the proceedings;
(b) order that no report of the whole or a specified part of the proceedings shall be published; and
(c) make orders, and give directions, prohibiting or restricting access, either before, during or after the proceedings, to any affidavit, exhibit, information or other document used in the proceedings that is on a file in the court or in the records of the court.
(2) A person who contravenes an order made, or direction given, under subsection (1) commits an offence against that subsection punishable, upon conviction, by:
(a) if the offender is a natural person—imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both; or
(b) if the offender is a body corporate—a fine not exceeding 500 penalty units.
(3) Upon the termination of proceedings before a court in relation to an offence against this Act, any document containing information of a kind referred to in the definition of associated technology in subsection 4(1) of the Nuclear Non‑Proliferation (Safeguards) Act 1987 that would otherwise form part of the records of the court shall, as soon as practicable after the termination of those proceedings, be delivered into the possession and control of the Minister.
(4) A reference in this section to proceedings before a court shall be read as including a reference to committal proceedings in relation to an indictable offence.
(5) For the purposes of this section, proceedings shall not be taken to have terminated until:
(a) in the case of proceedings other than committal proceedings in relation to an indictable offence ‑ the time for bringing an appeal arising from those proceedings has expired or an appeal arising from those proceedings has been brought and has been determined; or
(b) in the case of committal proceedings in relation to an indictable offence ‑ the trial in relation to the offence has been determined and the time for bringing an appeal arising from those proceedings has expired or an appeal arising from those proceedings has been brought and has been determined.
35 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.