Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 (35 of 2001)
Schedule 1 Amendment of Acts
Chemical Weapons (Prohibition) Act 1994
7 Sections 77 and 78
Repeal the sections, substitute:
77 Production etc. of Scheduled chemicals otherwise than in accordance with permit
(1) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, acquisition, retention or use of Schedule 1 chemicals at that facility, or the transfer of Schedule 1 chemicals from that facility; and
(b) the person produces, acquires, retains or uses Schedule 1 chemicals at that facility, or transfers Schedule 1 chemicals from that facility; and
(c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.
Penalty: Imprisonment for 5 years or 500 penalty units, or both.
(2) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule 2 chemicals at that facility; and
(b) the person produces, processes or consumes Schedule 2 chemicals at that facility; and
(c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.
Penalty: Imprisonment for 2 years or 250 penalty units, or both.
(3) A person is guilty of an offence if:
(a) the person is required under section 16 to have a permit to operate a facility so far as concerns the production of particular Schedule 3 chemicals at that facility; and
(b) the person produces that chemical at that facility; and
(c) that conduct is engaged in without, or otherwise than in accordance with, such a permit.
Penalty: 250 penalty units.
(4) A person is guilty of an offence if:
(a) the person fails to do an act; and
(b) the failure to do the act causes a contravention of section 28.
Penalty: 100 penalty units.
(5) Subsection (4) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4A). See subsection 13.3(3) of the Criminal Code.
78 Breach of condition of permit
(1) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes a condition subject to which a permit is granted.
Penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (4A). See subsection 13.3(3) of the Criminal Code.
(3) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.
(4) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.