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Comprehensive Nuclear Test-Ban Treaty Bill 1998

Part 1 P reliminary

   

1   Short title

                   This Act may be cited as the Comprehensive Nuclear Test-Ban Treaty Act 1998 .

2   Commencement

             (1)  This Act commences on a day to be fixed by Proclamation.

             (2)  That day must not be before the day on which the Treaty enters into force for Australia.

3   External Territories

                   This Act extends to the external Territories.

4   Australian ships and aircraft

                   This Act extends to acts and omissions on board ships and aircraft registered in Australia or that the Commonwealth, a State or a Territory owns or possesses.

5   Act binds the Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  However, nothing in this Act makes the Crown liable to be prosecuted for an offence.

6   Application of Criminal Code

                   The Criminal Code applies to all offences against this Act.

7   Definitions

                   In this Act, unless the contrary intention appears:

Australia , when used in a geographical sense, includes the external Territories.

Australian Comprehensive Test Ban Office means the Australian Comprehensive Test Ban Office designated under section 62.

clarification inspection means an inspection carried out under Division 3 of Part 3.

clarification warrant means a warrant issued under section 22.

Director means the person designated under section 63 as the Director of the Australian Comprehensive Test Ban Office.

environment includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings.

establish , in relation to a facility, includes:

                     (a)  construct the facility on, over or under any land; and

                     (b)  attach the facility to any building or other structure; and

                     (c)  do any activity that is ancillary or incidental to establishing the facility (for this purpose, establish includes an activity covered by paragraph (a) or (b)).

evidential material means a thing that may afford evidence as to the commission of an offence against this Act, including such a thing in electronic form.

foreign country inspector means a person the Minister declares to be a foreign country inspector under section 19.

identity card means a card issued under section 67.

inspection site means premises the Minister declares to be an inspection site under section 11.

land includes waters and submerged land.

national inspector means the Director or a person appointed as a national inspector under section 66.

observer means a person the Minister declares to be an observer under section 15.

occupier , in relation to an inspection site or other premises, includes a person at the site or premises who apparently represents the occupier.

Office means the Australian Comprehensive Test Ban Office.

on-site inspection means an inspection the Minister declares to be an on-site inspection under section 11.

on-site inspection power has the meaning given by section 12.

on-site inspection purpose has the meaning given by section 13.

on-site inspection warrant means a warrant issued under section 21.

Organization means the Comprehensive Nuclear Test-Ban Treaty Organization established by the Treaty.

Organization inspector means a person the Minister declares to be an Organization inspector under section 14.

premises includes a place and a conveyance.

State Party means a State that is a signatory to the Treaty and that has ratified it.

Treaty means the Comprehensive Nuclear Test-Ban Treaty (including the Annexes to the Treaty, the Protocol to the Treaty and the Annexes to the Protocol) a copy of the English text of which is set out in Schedule 1, as amended by any amendment of the Treaty that Australia accepts, a copy of the English text of which is set out in the regulations.

vessel means a thing capable of carrying persons or goods through water.

warrant premises means premises in relation to which a warrant is in force.

warrant team , in relation to a warrant issued under Part 3, means:

                     (a)  the national inspector responsible for executing the warrant; and

                     (b)  if the warrant is issued under section 21—the Organization inspector who, in accordance with the Treaty, is to exercise on-site inspection powers under the warrant; and

                     (c)  if the warrant is issued under section 22—any foreign country inspector accompanying the national inspector mentioned in paragraph (a); and

                     (d)  in any case—any person whose assistance the national inspector obtains under section 42 in relation to executing the warrant.