Chemical Weapons (Prohibition) Amendment Regulations 2006 (No. 1)1

Select Legislative Instrument 2006 No. 313

I, PHILIP MICHAEL JEFFERY, GovernorGeneral of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Chemical Weapons (Prohibition) Act 1994.

Dated 30 November 2006

P. M. JEFFERY

GovernorGeneral

By His Excellency’s Command

ALEXANDER DOWNER

Minister for Foreign Affairs

1 Name of Regulations

  These Regulations are the Chemical Weapons (Prohibition) Amendment Regulations 2006 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Chemical Weapons (Prohibition) Regulations 1997

  Schedule 1 amends the Chemical Weapons (Prohibition) Regulations 1997.

Schedule 1 Amendments

(regulation 3)

 

[1] After regulation 3

insert

3AA Amendments of the Convention accepted by Australia

  For the definition of Convention in subsection 7 (1) of the Act, the English text of the amendments to the Convention that have been accepted by Australia is set out in Schedule 1.

[2] Regulation 3F, table, item 5

substitute

 

5 However, for a mixture containing:

(a) 0.5 percent or less by weight of a chemical mentioned in Part A of Schedule 2 to the Convention; or

(b) 30 percent or less by weight of a chemical mentioned in Part B of Schedule 2 to the Convention;

the amount of the chemical is zero.

[3] After regulation 17

insert

Schedule 1 Amendments to the Convention accepted by Australia

(regulation 3AA)

[1] Amendment to the Verification Annex — 15 January 1999

Section B of Part VI of the Verification Annex to the Convention

Add a new paragraph 5bis, as follows:

“For quantities of 5 milligrams or less, the Schedule 1 chemical saxitoxin shall not be subject to the notification period in paragraph 5 if the transfer is for medical/diagnostic purposes. In such cases, the notification shall be made by the time of transfer.”

[2] Amendment to the Verification Annex — 14 October 2004

Insert the following paragraph after paragraph 72 in Part V of the Verification Annex:

(72 bis) If a State ratifies or accedes to this Convention after the sixyear period for conversion set forth in paragraph 72, the Executive Council shall, at its second subsequent regular session, set a deadline for submission of any request to convert a chemical weapons production facility for purposes not prohibited under this Convention. A decision by the Conference to approve such a request, pursuant to paragraph 75, shall establish the earliest practicable deadline for completion of the conversion. Conversion shall be completed as soon as possible, but in no case later than six years after this Convention enters into force for the State Party. Except as modified in this paragraph, all provisions in Section D of this Part of this Annex shall apply.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.