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Comprehensive Nuclear Test-Ban Treaty Bill 1998

Part 6 Miscellaneous

   

69   Delegation by Minister

             (1)  The Minister may, by signed writing, delegate all or any of his or her powers under this Act to:

                     (a)  the Secretary to the Department; or

                     (b)  the Director; or

                     (c)  a person holding or performing the duties of a Senior Executive Service office in the Department.

             (2)  After the commencement of the Public Service Act 1998 , the reference in subsection (1) to a person holding or performing the duties of a Senior Executive Service office in the Department is to be treated as a reference to an SES employee or acting SES employee in the Department.

70   Powers to be exercised in accordance with Treaty

             (1)  A person may exercise a power or perform a duty under this Act only to the extent that the exercise or performance is not inconsistent with Australia’s obligations under the Treaty.

             (2)  A person must, in exercising a power under this Act, have regard to Australia’s obligations under the Treaty.

71   Annual report by Director

             (1)  The Director must, as soon as practicable after 30 June in each year, prepare and give the Minister a report on the operation of this Act during that year.

             (2)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister is given the report.

72   Additional reports

                   The Director:

                     (a)  must give the Minister any additional reports or information relating to the Office’s operations under this Act that the Minister requires; and

                     (b)  may give the Minister any other reports or information relating to the Office’s operations under this Act that the Director thinks appropriate.

73   Privileges and immunities

             (1)  The regulations may confer privileges and immunities on any or all of the following:

                     (a)  the Organization;

                     (b)  officers of the Organization;

                     (c)  Organization inspectors or foreign country inspectors;

                     (d)  observers;

                     (e)  any other persons.

             (2)  Before the Governor-General makes such a regulation, the Minister must be satisfied that it is necessary or desirable that it be made in order to give effect to Australia’s obligations under the Treaty.

74   Secrecy

             (1)  This section applies to a person who is or has been:

                     (a)  the Secretary to, or an employee of, the Department; or

                     (b)  the Director or an employee of the Office; or

                     (c)  engaged as a consultant to the Office; or

                     (d)  a national inspector; or

                     (e)  any other Commonwealth officer (within the meaning of section 70 of the Crimes Act 1914 ).

             (2)  A person mentioned in subsection (1) must not, either directly or indirectly, record or communicate any confidential information about another person’s affairs that the person got in performing duties under this Act, except for the purposes of:

                     (a)  this Act; or

                     (b)  a prosecution for an offence against this Act or any other law of the Commonwealth, a State or a Territory; or

                     (c)  complying with Australia’s obligations under the Treaty.

             (3)  The person must not be required to communicate to a court any such information unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act.

             (4)  If:

                     (a)  a person mentioned in subsection (1) (the communicator ) communicates information to another person (the recipient ) for the purposes of this Act or complying with Australia’s obligations under the Treaty; and

                     (b)  at the time, the communicator stated that the information was confidential information covered by this subsection;

the recipient must not, either directly or indirectly:

                     (c)  record the information; or

                     (d)  communicate the information to another person;

except for the purposes of this Act or complying with Australia’s obligations under the Treaty.

             (5)  The recipient must not be required to communicate the information to a court unless it is necessary for the purposes of this Act or a prosecution for an offence against this Act.

             (6)  A person who contravenes subsection (2) or (4) is guilty of an offence punishable on conviction by imprisonment for a term not exceeding 2 years.

75   Expressions in section 74

             (1)  Information about another person’s affairs that a person gets in the course of an inspection under Part 3 is confidential information for the purposes of section 74.

             (2)  Subsection (1) does not apply if, at the time:

                     (a)  the information was already publicly available; or

                     (b)  the other person stated that he or she would not object to it becoming publicly available.

             (3)  If the person objects, but later withdraws the objection, the information is not confidential information after the withdrawal.

             (4)  This section does not, by implication, limit the meaning of confidential information .

             (5)  In section 74:

court includes any tribunal, authority or person that may require documents to be produced or questions answered.

76   Australia not liable for acts or omissions of Organization

                   Nothing in this Act makes Australia or the Director liable for any act or omission of the Organization, or of an Organization inspector, in implementing the Treaty in Australia.

77   Organization has legal personality and capacity

             (1)  The Organization is a body corporate with perpetual succession.

             (2)  The Organization is capable, in its corporate name of:

                     (a)  entering into contracts; and

                     (b)  acquiring, holding and disposing of property; and

                     (c)  suing.

78   Regulations

                   The Governor-General may make regulations 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.