Commonwealth Numbered Regulations - Explanatory Statements

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WEAPONS OF MASS DESTRUCTION REGULATIONS 1995 NO. 373

STATUTORY RULES 1995 No. 373

Issued by the Authority of the Minister for Defence

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

Weapons of Mass Destruction Regulations

The Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (the Act), ensures that goods are not supplied or exported, and services are not provided, in circumstances where they may be used in, or may assist, the development, production, acquisition or stockpiling of weapons that are capable of causing mass destruction or missiles that are capable of delivering such weapons. The Act received Royal Assent on 29 May 1995 and came into operation on 29 November 1995.

The Weapons of Mass Destruction Regulations (the Regulations), made under the Act, are necessary for the effective operation of the Act.

The Regulations prescribe the particulars that must appear in applications and notices under the Act. The applications are for the purpose requesting information from the Minister or obtaining a permit, while the notices are for the purpose of prohibiting the supply or export of goods or provision of services. The Regulations also prescribe the basic procedures for safe storage of goods seized or condemned under the Act, and for destroying or otherwise dealing with condemned goods (which, under the Act, are forfeited to the Commonwealth).

Details of the Regulations are contained in the Attachment to this Explanatory Statement.

The Regulations come into operation on the date of gazettal.

Weapons of Mass Destruction program and considers that a permit could not be given under section 13. The prohibition may be absolute or conditional. The regulation requires the notice to be in writing and to set out the Minister's reasons for giving the notice, except to the extent that disclosure is not in the national interest.

Regulation 6 provides that a revocation of a notice under section 14 of the Act prohibiting the supply or export of goods or services must be in writing and notified, without delay, to the person affected by the notice.

Regulation 7 sets out the procedures for the storage of seized goods under subsection 17(6) of the Act. Under that provision goods that are seized must be stored in accordance with prescribed procedures until a court of summary jurisdiction makes an order either that the goods are condemned under the Act (and therefore forfeited to the Commonwealth) or that they should be returned to their owner. The regulation requires seized goods to be stored securely at a place approved by the Minister as suitable for the storage of goods of the kind seized. In approving a storage place, the Minister must have regard to the nature of the goods and the suitability of the place for storing securely goods of that kind.

Regulation 8 sets out the procedures for the destruction of condemned goods under subsection 17 (7) of the Act. Under that provision goods that are seized and found to be condemned goods by a court of summary jurisdiction (and therefore forfeited to the Commonwealth) must either be destroyed or otherwise dealt with in accordance with prescribed procedures. If condemned goods are to be destroyed, regulation 8 requires them-to be destroyed at a place, and in a manner, determined by the Minister. In determining a suitable place for safely destroying the goods, and the manner in which the goods may be destroyed, the Minister must have regard to the nature of the goods, and the suitability of the place for safely destroying goods of that kind and the availability of suitable methods for safely destroying the goods.

Regulation 9 sets out the procedures for otherwise dealing with condemned goods under subsection 17 (7) of the Act. The regulation enables the Minister to give an authorised person approval to sell the goods where they are not, under another Commonwealth, State or Territory law, required to be destroyed or illegal to sell, and are of a kind that can be given a use other than in a Weapons of Mass Destruction program or can be readily and safely altered so that they can no longer be used in such a program. A further safeguard is that the authorised person must alter the goods so that they can no longer be used in a Weapons of Mass Destruction program if the Minister so requires. in addition, the regulation provides that a buyer must agree in writing not to use, or cause or allow another person to use, the goods in such a program, and agree that the goods will only be used for a lawful purpose.

Regulation 10 sets out the procedures for the storage of condemned goods under subsection 17(8) of the Act. Until destroyed or otherwise dealt with, the goods must be stored securely in accordance with the procedures set out in regulation 7.

Regulation 11 provides the manner in which notices under the Act and Regulations may be given to a person.

Regulation 12 provides that the Minister may delegate his or her powers under the Regulations to an officer of the Department of Defence not below Senior Officer Grade B classification. This level is required to enable delegation to officers in State and Territory offices of the Department, if necessary.

ATTACHMENT

DETAILS OF THE WEAPONS OF MASS DESTRUCTION REGULATIONS

Regulation 1 provides the formal citation of the Regulations.

Regulation 2 defines certain terms used in the Regulations.

Regulation 3 sets out the particulars that are required to be included in a request for information under subsection 12 (1) of the Act. Under that provision a supplier or exporter of goods or a provider of services may request information as to whether the Minister believes or suspects that the goods or services will or may assist a Weapons of Mass Destruction program. The regulation requires the name and address of the person requesting the information, a description of the goods or services to be provided, details of the intended recipient of the goods or services, and any reasons why it is believed or suspected that the goods or services will or may assist a Weapons of Mass Destruction program.

Regulation 4 sets out the particulars that are required to be included in an application under section 13 of the Act for a permit to export goods or provide services. Under that provision a person may be allowed to supply or export goods or provide services where the Minister has reason to believe or suspects that the goods or services will or may assist a Weapons of Mass Destruction program, if the Minister is satisfied that this would not be contrary to Australia's international or treaty obligations or the national interest. The regulation requires the name and address of the person applying for the permit, a description of the goods or services to be provided, details of the intended recipient of the goods or services, and any reasons why the applicant believes that the supply or export of the goods or provision of services would not be contrary to Australia's international or treaty obligations or the national interest.

Regulation 5 sets out the particulars that are required to be included in a notice by the Minister under subsection 14(1) of the Act prohibiting the supply or export of goods or provision of services. Under that provision the Minister may give a person a notice prohibiting the supply or export of goods or provision of services where he or she has reason to believe or suspects that the goods or services will or may assist a