Commonwealth: Chemical Weapons (Prohibition) Act 1994 (Cth)

Chemical Weapons (Prohibition) Act 1994 No. 26, 1994 Compilation No. 15 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Chemical Weapons (Prohibition) Act 1994 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object of Act 4 Extension to external Territories 5 Extra‑territorial operation of Act 6 Act binds the Crown 7 Definitions 8 Approved forms and approved procedures 8A Electronic lodgment 8B Regulations may define consumption, processing and production of chemicals 9 Conduct by directors, employees and agents 10 Determining aggregate amounts of chemicals 11 Application of Act 11A Application of the Criminal Code Part 2—Offences relating to chemical weapons 12 Offences relating to chemical weapons 13 Notification of finding of substances or articles believed to be chemical weapons 14 Forfeiture and seizure of chemical weapons Part 3—Permits and notifications concerning certain facilities 15 Outline of this Part Division 1—Permits 16 When is a permit required? 17 Applications for permits 18 Grant of permits 19 Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals 19A Automatic renewal of permits 20 Non‑automatic renewal of permits 21 Renewals not able to be dealt with within time 22 Conditions relating to a permit facility 23 Variation of permits 24 Transfer of permits 24A Transfer of permits—notification by previous permit holder 25 Revocation of permits 26 Notice of certain decisions 27 Review of decisions Division 2—Notifications 28 When is a notification required? 29 Making notifications required under section 28 Part 4—Record keeping and information gathering 30 Record keeping obligations in relation to certain facilities 31 Director may seek information for declarations and consultation purposes Part 5—Verification procedures 32 Outline of this Part Division 1—Compliance inspections by national inspectors 33 Compliance purpose 34 Inspection powers 35 Compliance inspections by national inspectors 36 Period within which compliance inspection may be carried out Division 2—International compliance inspections 37 International compliance purpose 38 International inspection powers 39 Routine international compliance inspections of Schedule 1 facilities 40 Routine international compliance inspections of facilities dealing with Schedule 2 chemicals 41 Routine international compliance inspections of facilities dealing with Schedule 3 chemicals 42 Routine international compliance inspections of OCP facilities 43 Inspectors not entitled to exercise powers under this Division in certain circumstances 44 Incidence of routine international compliance inspections Division 3—Challenge inspections 45 Challenge inspection purposes 46 Challenge inspection powers 47 Challenge inspections 48 Observers 49 Clarification procedures Division 4—Warrants relating to compliance and challenge inspections 50 Compliance inspection warrants 51 International compliance inspection warrants 52 Challenge inspection warrants 53 Duration of inspection period 54 Ministerial extension of inspection periods 55 Challenge inspection warrant to authorise presence of an observer Division 5—Offence‑related searches and seizures 56 Definition 57 Offence‑related searches and seizures 58 Offence‑related warrants 59 The things that are authorised by search warrant 60 Specific powers available to national inspectors executing warrants 61 Use of equipment to examine or process things 62 Use of electronic equipment at premises 63 Warrants by telephone or other electronic means 64 Retention of things which are seized 65 Court of summary jurisdiction may permit a thing to be retained Division 6—Miscellaneous provisions relating to warrants 66 Announcement before entry 67 Availability of assistance and use of force in executing warrant 68 Details of warrant to be given to occupier etc. 69 Copies of seized things to be provided 70 Compensation for damage to electronic equipment 71 Offence of making false statements in applications for warrant 72 Offences relating to telephone warrants Division 7—Manner of conducting international compliance and challenge inspections—facility agreements and managed access 73 Initial inspection plan 74 Initial inspection plan and conduct of inspection to be consistent with facility agreement 75 Managed access Division 8—Facility agreements 76 Facility agreements Part 6—Offences 77 Production etc. of Scheduled chemicals otherwise than in accordance with permit 78 Breach of condition of permit 79 Interference with monitoring equipment 80 False or misleading statements and documents 81 Forfeiture 82 Hearing to be in private in certain circumstances 83 Register of Permits and Notifications 84 Evidence of analyst 85 Equipment or material approved by Organization Part 7—Administration Division 1—Director of Chemical Weapons Convention Office 86 Director of the Chemical Weapons Convention Office 87 Functions of Director 88 The Chemical Weapons Convention Office 89 Delegation by Director Division 2—Controller of Permits and Notifications 90 Controller of Permits and Notifications 91 Function of the Controller Division 3—National inspectors and consultants 92 National inspectors 93 Identity cards 94 Engagement of consultants etc. Part 8—Miscellaneous 95 Powers to be exercised in accordance with Convention 96 Annual report by Director 97 Additional reports 98 Register of Permits and Notifications 99 Delegation by Minister 100 Organization inspectors 101 Privileges and immunities of Organization inspectors and foreign country inspectors 101A Privileges and immunities of observers 101B Privileges and immunities of other persons 102 Secrecy 103 Australia not liable for acts or omissions of Organization etc. 104 Regulations Schedule—The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to the prohibition of the development, production, stockpiling or use of chemical weapons and the control of certain chemicals capable of being used as chemical weapons, and related provisions Part 1—Preliminary 1 Short title This Act may be cited as the Chemical Weapons (Prohibition) Act 1994. 2 Commencement (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. 3 Object of Act 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. 4 Extension to external Territories This Act extends to the external Territories. 5 Extra‑territorial operation of Act (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. 6 Act binds the Crown (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. 7 Definitions (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. 8 Approved forms and approved procedures 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. 8A Electronic lodgment 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. 8B Regulations may define consumption, processing and production of chemicals (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. 9 Conduct by directors, employees and agents (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. 10 Determining aggregate amounts of chemicals (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. 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. 11A 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 2—Offences relating to chemical weapons 12 Offences relating to chemical weapons (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. 13 Notification of finding of substances or articles believed to be chemical weapons (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. 14 Forfeiture and seizure of chemical weapons (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. Part 3—Permits and notifications concerning certain facilities 15 Outline of this Part (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. Division 1—Permits 16 When is a permit required? (1) The operator of a facility requires a permit under this subsection to operate the facility during a particular year if Schedule 1 chemicals (other than excluded Schedule 1 chemicals) are likely to be produced, acquired, retained or used at, or transferred from, the facility during the year. (2) The operator of a facility requires a permit under this subsection to operate the facility during a particular year if an amount of Schedule 2 chemical exceeding, in the aggregate, the Schedule 2 permit threshold for that chemical is likely to be produced, processed or consumed at a plant comprising, or comprising part of, the facility during the year. (3) The operator of a facility requires a permit under this subsection to operate the facility during a particular year if an amount of a Schedule 3 chemical exceeding, in the aggregate, 30 tonnes of that chemical is likely to be produced at a plant comprising, or comprising part of, the facility during the year. (4) For the purposes of subsection (1), Schedule 1 chemicals are excluded chemicals in relation to a facility and to a year if: (a) the total amount of those chemicals likely to be acquired, retained or used at, or transferred from, the facility during the year does not exceed 100 grams; and (b) Schedule 1 chemicals will not be produced at the facility during that year; and (c) the Schedule 1 chemicals are intended only to be put to research, medical or pharmaceutical purposes. (5) A reference in this section to a year during which chemicals will be produced, acquired, retained or otherwise dealt with (however that dealing is described) includes a reference to a year that occurs in part before the day on which this section commences. 17 Applications for permits (1) A person who requires a permit must apply to the Minister for a permit under subsection 18(1) to operate a facility during a year by giving to the Controller, by such day as is prescribed, an application, in the approved form, containing such information as is required by the form. A failure to apply by that day does not affect the validity of the application. Note: However, if a person fails to apply by that day, the Director may name the person in the annual report: see section 96. (2) The Controller may, by written notice, request an applicant to give the Controller additional information within a period specified in the notice. (3) If the applicant does not give the Controller the additional information within the period specified in the notice, the application is taken to have been withdrawn. (4) If the Controller is satisfied with the information (including any additional information) given by an applicant, the Controller must give a report to the Minister that includes the Controller's recommendation as to whether the permit should be granted. 18 Grant of permits (1) Subject to section 19, after considering the Controller's report, the Minister may, by written notice given to the applicant, grant, or refuse to grant, the applicant a permit to operate the facility during the year to which the application relates. (2) A permit is to be granted in respect of one year only, but may be automatically renewed under section 19A. (3) A permit comes into force: (a) on the day it is granted; or (b) on such earlier day as the Minister specifies in the permit; or (c) on such later day as the Minister specifies in the permit; and remains in force until the end of the year in respect of which it is granted. (4) A permit must set out the effect of section 19A. (5) A permit is granted subject to such conditions as the Minister specifies in the permit. (6) If a permit in respect of the operation of a facility during a year is granted after the commencement of the year and the permit is granted subject to conditions, those conditions only apply in respect of the operation of the facility after the grant of the permit. (7) This section does not prevent more than one permit being granted in respect of a facility other than a Schedule 1 facility. (8) The grant to a person of a permit does not make it lawful for the person to do an act that, apart from this Act, is unlawful under another law of the Commonwealth or under a law of a State or Territory. 19 Special considerations relating to permits for the operation of facilities in respect of Schedule 1 chemicals (1) If a person makes application for a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at the facility, or the transfer of Schedule 1 chemicals from the facility, that permit may, if it authorises production, and whether or not it authorises any other of those activities, differ according to: (a) the quantity of the chemicals intended to be produced; and (b) the purposes for which all the chemicals to which the permit will relate are to be applied. (2) A permit to operate a facility during a year in respect of Schedule 1 chemicals must not be granted unless the chemicals concerned are to be applied for research, medical, pharmaceutical or protective purposes. (3) A permit to operate a facility: (a) if it authorises the production of more than 10 kilograms of Schedule 1 chemicals may only; and (b) if it authorises the production of a lesser amount of Schedule 1 chemicals may; be granted in respect of the facility to be designated in the permit as the single small‑scale facility. (4) A permit to operate a facility: (a) if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and (b) all the chemicals to which the permit relates are to be applied for protective purposes; may be granted in respect of the facility to be designated in the permit as the single protective facility. (5) A permit to operate a facility: (a) if it authorises the production during a year of less than 10 kilograms of Schedule 1 chemicals; and (b) all the chemicals to which the permit relates are to be applied for research, medical or pharmaceutical purposes; may be granted in respect of the facility to be designated in the permit as a research facility. (6) A permit to operate a facility: (a) if it does not authorise the production at the facility, during a year, of any Schedule 1 chemical; and (b) if it authorises the acquisition, retention or use at, or transfer from, the facility during that year, of more than 100 grams of Schedule 1 chemicals; may be granted in respect of the facility to be designated as a consumption facility. (7) The fact that a facility may be designated in a particular manner does not require it to be so designated. (8) A facility must not be designated in a permit as a single small‑scale facility unless: (a) production is to be carried out in reaction vessels in production lines not configured for continuous operation; and (b) the volume of any reaction vessel is not more than 100 litres; and (c) the total volume of all reaction vessels with a volume of more than 5 litres is not more than 500 litres. (9) The Minister must not grant more than one permit to operate a facility designated as the single small‑scale facility. (10) The Minister must not grant more than one permit to operate a facility designated as the single protective facility. (11) The Minister may grant permits to operate more than one facility designated under subsection (5) as a research facility or designated under subsection (13) as a consumption facility. (12) The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities during a year is, or could be, more than one tonne. (13) The Minister must not grant permits such that the total amount of Schedule 1 chemicals produced, acquired, retained or used at, or transferred from, all Schedule 1 facilities at any time exceeds one tonne. 19A Automatic renewal of permits (1) If a permit is in force immediately before the end of a particular year because: (a) the permit was granted under section 18 in respect of that year; or (b) the permit was renewed under section 20 in respect of that year; the permit is taken to be renewed in respect of each of the next 4 years. (2) The permit is renewed subject to the conditions attaching to the permit before renewal. 20 Non‑automatic renewal of permits (1) A holder of a permit that was renewed for 4 years under section 19A may, by such day as is prescribed, apply to the Minister for the renewal of the permit in respect of the year (the eligible year) following the last of those 4 years. (1A) An application under subsection (1) is to be made by giving the Controller a renewal application, in the approved form, containing such information as is required by the form. (1B) A failure to apply by the day prescribed for the purposes of subsection (1) does not affect the validity of the application. Note: However, if a person fails to apply by that day, the Director may name the person in the annual report: see section 96. (2) The Controller may, by written notice, request the permit holder to give the Controller additional information within a period specified in the notice. (3) If the permit holder does not give the Controller the additional information within the period specified in the notice, the application is taken to have been withdrawn. (4) If the Controller is satisfied with the information (including any additional information) given by the permit holder, the Controller must give a report to the Minister that includes the Controller's recommendation as to whether the permit should be renewed. (5) After considering the Controller's report the Minister may, by written notice given to the permit holder, renew, or refuse to renew, the permit in respect of the eligible year. (6) A permit renewed under subsection (5) is renewed subject to the conditions attaching to the permit before renewal or to such other conditions as the Minister specifies in the permit. 21 Renewals not able to be dealt with within time (1) If: (a) a person makes an application for renewal of a permit; but (b) the application has not been finally determined before the start of the year to which it relates; this Act has effect, until the application is determined, as if the permit had been renewed under subsection 20(5). (2) If a permit that is treated as having been renewed is actually renewed under subsection 20(5), the renewed permit is taken to have been in force for the whole of the year to which it relates. 22 Conditions relating to a permit facility The conditions to which a permit to operate a facility may be expressed to be subject include, but are not limited to, the operator of a facility must: (a) comply with the terms of any facility agreement in force in respect of that facility; and (b) if the facility is a Schedule 1 facility—ensure that there is no transfer of a Schedule 1 chemical to a non State Party; and (c) if the facility is a Schedule 2 facility—ensure that there is no transfer of a Schedule 2 chemical to a non State Party; and (d) ensure that any limitations required by the Convention on the transfer of a Schedule 3 chemical to a non State Party are complied with; and (e) comply with such other conditions, consistent with Australia's obligations under the Convention, as are set out in the permit. 23 Variation of permits (1) Subject to subsection 27(1), the Minister may, by written notice, vary a permit. (2) A variation to a permit takes effect on the day on which the notice of the variation is given to the permit holder under subsection 26(2) or such later day as is specified in the instrument of variation. 24 Transfer of permits (1) If: (a) because the ownership of a facility is to be transferred; or (b) for any other reason; a person other than the permit holder in relation to a facility will become the operator of that facility, that person may make application to the Minister for the transfer to that person of the permit by giving the Controller an application, in the approved form, containing such information as is required by the form. (2) The Controller may, by written notice, request the applicant for transfer to give the Controller additional information within a period specified in the notice. (3) If the applicant does not give the Controller the additional information within the period specified in the notice, the application for transfer is taken to have been withdrawn. (4) If the Controller is satisfied with the application (including any additional information) given by the applicant, the Controller must give a report to the Minister that includes the Controller's recommendation as to whether the permit should be transferred. (5) After considering the Controller's report, the Minister may, by written notice given to the applicant, grant, or refuse to grant, the application for transfer. (6) If the Minister agrees to transfer the permit to that person: (a) this Act has effect as if all dealings with chemicals by the previous permit holder were dealings with chemicals by the new permit holder; but (b) nothing in paragraph (a) implies that any breach of the Act or of the regulations, or of the conditions of the permit, by the previous permit holder will be taken to be a breach of the Act or of the regulations, or of the conditions of the permit, by the new permit holder. 24A Transfer of permits—notification by previous permit holder (1) If: (a) because the ownership of a facility is to be transferred; or (b) for any other reason; the permit holder in relation to a facility will no longer be the operator of that facility, the permit holder must notify the Minister of that fact by giving the Controller notice in the approved form containing such information as is required by the form. (2) The obligation imposed on the permit holder by subsection (1) is taken to be a condition of the permit. 25 Revocation of permits (1) The Minister may, in writing, revoke a permit if the permit holder, or any person acting on the permit holder's behalf: (a) is convicted of an offence against this Act or the regulations made under this Act; or (b) is convicted of an offence against the Customs (Prohibited Exports) Regulations so far as the exportation of a scheduled chemical is concerned; or (c) is convicted of an offence against the Customs (Prohibited Imports) Regulations so far as the importation of a scheduled chemical is concerned; or (d) contravenes a condition subject to which the permit is granted or renewed. (2) Subsection (1) extends to a conviction or contravention because of an act to which subsection 5(1) refers. (3) The Minister must revoke a permit granted if the permit holder asks the Minister, in writing, to do so. (4) The revocation of a permit under this section takes effect: (a) if the permit is revoked under subsection (1)—on the day on which the notice of the revocation is given to the holder of the permit under subsection 26(1) or such later day as is specified in the instrument of revocation; or (b) if the permit is revoked under subsection (3)—on the day on which the instrument of revocation is made or on such later day as is specified in that instrument. 26 Notice of certain decisions (1) This section applies if the Minister makes: (a) a decision under subsection 18(1) refusing to grant a permit; or (aa) a decision under subsection 18(3) to specify, or not to specify, the day a permit comes into force; or (b) a decision under section 20 refusing to renew a permit; or (c) a decision to impose a condition on a permit granted under section 18 or renewed under section 20; or (d) a decision under section 23 varying a permit; or (e) a decision under section 24 refusing to transfer a permit; or (f) a decision under section 25 revoking a permit. (2) The Minister must, not later than 30 days after the day on which the decision is made, give written notice of the decision, and of the reasons for the decision: (a) if paragraph (1)(a) applies—to the person who applied for the grant of the permit; or (b) if paragraph (1)(e) applies—to the person who applied for the transfer of the permit; or (c) otherwise—to the permit holder. (3) A notice under subsection (2) must include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision. (4) A failure to comply with the requirements of subsection (2) in relation to a decision does not affect the validity of the decision. 27 Review of decisions (1) An application may be made to the Administrative Review Tribunal for review of a decision covered by subsection 26(1). (2) In this section: decision has the same meaning as in the Administrative Review Tribunal Act 2024. Division 2—Notifications 28 When is a notification required? (1) The operator of a facility must notify the facility to the Minister under this subsection if a permit to operate the facility during a particular year is or was held in accordance with a requirement of subsection 16(1) but no such permit will be in force in respect of the next year. (2) The operator of a facility must notify the facility to the Minister under this subsection if: (a) a permit to operate the facility during a particular year is or was held in accordance with a requirement of subsection 16(2) but no such permit will be in force in respect of the next year; or (b) subsection (3) applies in respect of that facility. (3) This subsection applies in respect of a facility if: (a) a permit is not required under subsection 16(2) to operate the facility during the year in which this section commences; but (b) such a permit would have been required under that subsection to operate the facility during any one or more of the 3 years before that year if this Act had been in force at the time. (4) The operator of a facility must notify the facility to the Minister under this subsection if: (a) a permit to operate the facility during a particular year is or was held in respect of the facility in accordance with a requirement of subsection 16(3) but no such permit will be in force in respect of the next year; or (b) subsection (5) applies in respect of that facility. (5) This subsection applies in respect of a facility if: (a) a permit is not required under subsection 16(3) to operate that facility during the year in which this section commences; and (b) such a permit would have been required under that subsection to operate the facility during the year before that year if this legislation had been in force at the time. (6) The operator of a facility must notify the facility to the Minister if either: (a) the amount of unscheduled discrete organic chemicals produced at the facility during the year before the notification (whether that year ended before or after this section commences) was more than 200 tonnes; or (b) the amount of a particular unscheduled discrete organic chemical: (i) that was produced at a plant comprising, or comprising part of, the facility during that year; and (ii) that contained one or more of the elements phosphorus, sulphur or fluorine; was more than 30 tonnes. (7) Subsection (6) does not apply if the facility was, in the year before the year in which it is notified, producing hydrocarbons or explosives in a manner specified in the regulations. (8) In this section: explosive has the meaning prescribed by the regulations. hydrocarbon has the meaning prescribed by the regulations. 29 Making notifications required under section 28 (1) A person must notify a facility referred to in section 28 to the Minister, in the circumstances required by that section, by giving the Controller notice in the approved form relating to that facility containing such information as is required by the form. (2) A notification must be given by such day as is prescribed. (3) A person commits an offence if: (a) the person refuses or fails to do an act; and (b) the refusal or failure causes a contravention of subsection (1) or (2). Penalty: Imprisonment for 1 year. (3A) Subsection (3) does not apply if the person has a reasonable excuse. Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code. Part 4—Record keeping and information gathering 30 Record keeping obligations in relation to certain facilities (1) This section applies to a facility if there is or was a permit to operate the facility during a particular year. (2) The operator of a facility to which this section applies must: (a) give the Director, by such day as is prescribed, a report in the approved form containing such information as is required by the form in relation to: (i) the location, ownership and operation of the facility during the particular year; and (ii) the plant or plants comprising, or comprising part of, the facility during a particular year; and (iii) the chemicals dealt with at that facility during that particular year; and (iv) the purposes to which those chemicals are put; and (v) such other matters relevant to a declaration required to be given by Australia to the Organization under the Convention as are prescribed; and (b) keep such records in relation to the facility, plants, the chemicals referred to in paragraph (a), as are required by the regulations; and (c) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a periodic report in the approved form containing such information as is required by the form; and (d) prepare and give to the Director from those records, in such circumstances, and by such day, as is prescribed, a special report in the approved form containing such information as is required by the form. (3) A person commits an offence if: (a) the person refuses or fails to do an act; and (b) the refusal or failure causes a contravention of subsection (2). Penalty: Imprisonment for 2 years. (3A) Subsection (3) does not apply if the person has a reasonable excuse. Note: The defendant bears an evidential burden in relation to the matter in subsection (3A). See subsection 13.3(3) of the Criminal Code. (4) The regulations relating to the keeping of records referred to in paragraph (2)(b) may include, but are not limited to, regulations relating to: (a) the form and content of such records; and (b) the period for which such records are to be kept. 31 Director may seek information for declarations and consultation purposes (1) This section applies if the Director thinks that a person, including the operator of a facility to which section 30 applies, is capable of giving information that is relevant to a declaration required to be given by Australia to the Organization under the Convention. (2) The Director may, by written notice given to the person, require the person to give such information to the Director: (a) if the person is a natural person—by writing signed by the person; or (b) if the person is a body corporate—by writing signed by an officer authorised to sign on behalf of the body corporate; within such reasonable period and in such manner as is specified in the notice. (3) The Director may, by written notice given to a person, require the person to give to the Director particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice. (4) A person must comply with a notice given to the person under this section. (4A) A person commits an offence if: (a) the person refuses or fails to do an act; and (b) the refusal or failure causes a contravention of subsection (4). Penalty: Imprisonment for 1 year. (4B) Subsection (4A) does not apply if the person has a reasonable excuse. Note: The defendant bears an evidential burden in relation to the matter in subsection (4B). See subsection 13.3(3) of the Criminal Code. (4C) Subsection (4A) does not apply to the extent that the person is not capable of complying with the notice. Note: The defendant bears an evidential burden in relation to the matter in subsection (4C). See subsection 13.3(3) of the Criminal Code. (5) The power of the Director under this section to require a person to give information or documents to the Director is in addition to: (a) any obligation to give information or documents that the person may have under section 30; or (b) any other power the Director has under this Act to require the person to give information or documents. Part 5—Verification procedures 32 Outline of this Part (1) Divisions 1, 5 and 6 ensure compliance with the Act through compliance inspections by national inspectors and offence‑related searches and seizures. (2) Divisions 2, 3 and 7 facilitate routine international compliance inspections and challenge inspections by Organization inspectors in accordance with the Convention. (3) Division 4 provides for warrants relating to compliance inspections, international compliance inspections and challenge inspections where consent entry is refused. (4) Division 8: (a) requires the Minister to enter into a facility agreement for Schedule 1 facilities; and (b) allows the Minister to enter into facility agreements for Schedule 2 or 3 facilities or OCP facilities. Division 1—Compliance inspections by national inspectors 33 Compliance purpose A reference in this Division to a compliance purpose is a reference to the purpose of: (a) determining whether the provisions of this Act and the regulations have been or are being complied with at a declared facility; or (b) determining whether the conditions applicable to a permit in force in respect of a declared facility have been or are being complied with by the permit holder; or (c) in relation to a declared facility, other than a Schedule 1 facility—confirming the absence of any Schedule 1 chemical; or (d) ensuring the proper functioning at a declared facility of any monitoring equipment installed in the course of an international compliance inspection or under a facility agreement. 34 Inspection powers (1) A reference in this Division to an inspection power is a reference to a power to: (a) search a declared facility; or (b) inspect or examine a matter or thing; or (c) take samples of a matter or thing; or (d) measure a matter or thing; or (e) examine a document (including a record kept in accordance with the requirements of this Act, the regulations or the condition of a permit); or (f) take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph (e)); or (g) operate any equipment, including electronic equipment, located at the facility if the national inspector believes, on reasonable grounds, that the equipment can be operated without damaging it. (2) A power referred to in paragraph (1)(a), (b), (c), (d) or (g) may only be exercised in a manner that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the facility. 35 Compliance inspections by national inspectors (1) A national inspector may: (a) with the consent of the occupier of a declared facility; or (b) under a warrant issued under section 50 in respect of a declared facility; enter the facility, and exercise, on or in the facility, any inspection powers for a compliance purpose. (2) A national inspector is not entitled to exercise any powers in relation to a declared facility in the circumstances set out in paragraph (1)(a) if: (a) the occupier of the facility has required the national inspector to produce his or her identity card for inspection by the occupier; and (b) the national inspector fails to comply with the requirement. (3) The regulations may specify the incidence of inspection of different kinds of declared facilities under this Division. 36 Period within which compliance inspection may be carried out A compliance inspection may only be carried out: (a) during a period when there is a facility agreement in force in relation to that facility; or (b) if there is no facility agreement in force in relation to that facility—during a permit year or notification year in relation to that facility or during the year next following that permit year or notification year. Division 2—International compliance inspections 37 International compliance purpose A reference in this Division to an international compliance purpose is a reference to the purpose of: (a) determining whether the provisions of this Act and the regulations have been or are being complied with at a declared facility; or (b) determining whether the conditions applicable to a permit in force in respect of a declared facility have been or are being complied with by the permit holder; or (c) in relation to a declared facility other than a Schedule 1 facility—confirming the absence of any Schedule 1 chemical; or (d) ensuring the proper functioning at a declared facility of any monitoring equipment installed in the course of a previous international compliance inspection or under a facility agreement; or (e) facilitating an inspection of a declared facility by an Organization inspector in accordance with the Convention and any applicable facility agreement. 38 International inspection powers (1) A reference in this Division to an international inspection power is a reference to a power to: (a) search a declared facility; or (b) take photographs (including video recordings), or make sketches, of the facility, of any equipment or any matter or thing on or in the facility; or (c) inspect or examine a matter or thing; or (d) take samples of a matter or thing; or (e) measure a matter or thing; or (f) examine a document (including a record kept under this Act or the regulations or under a condition of a permit); or (g) take extracts from, or make copies of, a document (including a record of a kind referred to in paragraph (f)); or (h) operate equipment, including electronic equipment, located at the facility, if the national inspector believes, on reasonable grounds, that the equipment can be operated without damaging it; or (i) take onto a facility any equipment or material that is approved by the Organization and reasonably required for the purpose of exercising a power under any of the above paragraphs. (2) A power referred to in paragraph (1)(a), (b), (c), (d), (e), (h) or (i) may only be exercised in a manner that the national inspector believes, on reasonable grounds, to be in accordance with safety procedures applicable at the facility. 39 Routine international compliance inspections of Schedule 1 facilities (1) Subject to subsection (2), an international compliance inspection of a Schedule 1 facility may be carried out at any time. (2) A national inspector and an Organization inspector may, subject to any facility agreement or arrangements for managed access referred to in Division 7: (a) with the consent of the operator of a Schedule 1 facility; or (b) under a warrant issued under section 51 in respect of the facility; enter the facility and exercise, on or in the facility, any international inspection powers for international compliance purposes. (3) In addition to their international inspection powers, the national inspector and Organization inspector may install and operate continuous on‑site monitoring equipment that is approved by the Organization at the Schedule 1 facility if the national inspector believes, on reasonable grounds, that it can be done in accordance with safety procedures applicable at the facility. Note: For the obligations of a national inspector in relation to not delaying or otherwise hindering the carrying out of an international compliance inspection, see section 95 of this Act and paragraph 41 of Part II of the Verification Annex to the Convention. 40 Routine international compliance inspections of facilities dealing with Schedule 2 chemicals (1) Subject to subsection (2), an international compliance inspection of a facility may be carried out during a year, if: (a) the operator of the facility is likely to produce, process or consume during that year or the next year, at a plant comprising, or comprising part of, the facility, a quantity of a Schedule 2 chemical that is more than 10 times the Schedule 2 permit threshold for that chemical; or (b) there was produced, processed or consumed, during any of the 3 years before that year, at a plant comprising, or comprising part of, the facility a quantity of a Schedule 2 chemical that is more than 10 times the Schedule 2 permit threshold for that chemical. (2) A national inspector and an Organization inspector may, subject to any facility agreement or arrangements for managed access referred to in Division 7: (a) with the consent of the operator of the facility; or (b) under a warrant issued under section 51 in respect of the facility; enter the facility and exercise, on or in the facility, any international inspection powers for international compliance purposes. (3) In addition to their international inspection powers, the national inspector and Organization inspector may install and operate on‑site monitoring instruments that are approved by the Organization at the Schedule 2 facility for the duration of the inspection, if the national inspector believes, on reasonable grounds, that it can be done in accordance with safety procedures applicable at the facility. Note: For the obligations of a national inspector in relation to not delaying or otherwise hindering the carrying out of an international compliance inspection, see section 95 of this Act and paragraph 41 of Part II of the Verification Annex to the Convention. 41 Routine international comp