### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

10. Grant of permit, etc.
(1) The Director shall, as soon as is practicable after receiving an application under section 9, by notice in writing served on the applicant—
(a) grant a permit to the applicant subject to such conditions, if any, as the Director thinks fit and specified in the permit; or
(b) refuse to grant a permit.
(2) A permit to operate a facility during a year shall not be granted unless the Director is satisfied that—
(a) in respect of Schedule 1 chemicals, those chemicals concerned are to be—
(i) produced for research, medical or pharmaceutical purposes; or
(ii) acquired, retained, used or transferred for research, medical, pharmaceutical or protective purposes; and
(b) in respect of Schedule 1 chemicals, Schedule 2 chemicals and Schedule 3 chemicals, the operator of the facility will, if granted a permit, comply with the provisions of this Ordinance applicable to or in relation to the facility. [cf. Chemical Weapons (Prohibition) Act 1994, s. 19(2), Commonwealth of Australia

11. Notification to Director
(1) Subject to subsection (2), the operator of a facility shall—
(a) notify the facility to the Director in the specified form if—
(i) the amount of unscheduled discrete organic chemicals produced at the facility during the year before the notification (whether that year ended before or after this section commences*) was more than 200 tonnes; or
(ii) the amount of a particular unscheduled discrete organic chemical—
(A) that was produced at a plant comprising, or comprising part of, the facility during that year; and
(B) that contained one or more of the elements phosphorus, sulphur or fluorine,
was more than 30 tonnes,
and the notification shall be given not later than the last day of January immediately following that year;
(b) if required to notify the Director under paragraph (a), keep for not less than 3 years after the particular year to which they relate such records—
(i) as are required by the Director; and
(ii) in relation to—
(A) the facility, the plant or plants comprising, or comprising part of, the facility during a particular year; and
(B) those chemicals dealt with at the facility during that particular year.
(2) Subsection (1)(a) does not apply if the facility was, in the year before the year in which it is notified, only producing hydrocarbons or explosives.
[cf. Chemical Weapons (Prohibition) Act 1994, s. 28(6) & (7), Commonwealth of Australia

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

12. Reports to be submitted by permit holders
(1) This section applies to a facility in respect of which there is or was a permit to operate the facility during a particular year.
(2) The operator of a facility to which this section applies shall—
(a) give to the Director, at such intervals as are prescribed such particulars as are required by the Director, in relation to—
(i) the location, ownership and operation of the facility during the particular year;
(ii) the plant or plants comprising, or comprising part of, the facility during the particular year;
(iii) those chemicals dealt with at that facility during the particular year;
(iv) the purposes to which those chemicals are put; and
(v) such other matters relevant to a declaration required to be given to the Organization under the Convention as are prescribed;
(b) keep for not less than 3 years after the particular year to which they relate such records in relation to the facility, plants, and those chemicals, referred to in paragraph (a), as are required by the Director; and
(c) prepare and give to the Director from such records—
(i) such periodic reports, and such special reports, relating to the facility, plants, and those chemicals, referred to in paragraph (a), as are required by the Director; and
(ii) in such circumstances and within such periods as are prescribed.
[cf. Chemical Weapons (Prohibition) Act 1994, s. 30(1)(a) & (2), Commonwealth of Australia

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

13. Director may seek information for declarations
(1) This section applies if the Director has reasonable grounds to believe that a person, including the operator of a facility to which section 12 applies, is capable of giving information that is relevant to a declaration required to be given to the Organization under Article VI of the Convention.
(2) The Director may, by notice in writing given to the person, require the person to give such information to the Director—
(a) if the person is a natural person, by writing signed by the person; or
(b) if the person is a body corporate, by writing signed by an officer authorized to sign on behalf of the body corporate,
within such reasonable period and in such manner as is specified in the notice.
(3) The Director may, by notice in writing given to the person, require the person to give to the Director particular documents, or documents of a particular kind, specified in the notice, within such reasonable period as is specified in the notice.
(4) The power of the Director under this section to require a person to give information or documents to the Director is in addition to—
(a) any obligation to give information or documents that the person may have under section 11 or 12;
(b) any other power the Director has under this Ordinance to require the person to give information or documents.
[cf. Chemical Weapons (Prohibition) Act 1994, s. 31(1), (2), (3) & (5), Commonwealth of Australia

### Chemical Weapons (Convention) Ordinance 《化學武器(公約)條例》

15. Entry and search of premises; detention and search of vessels, etc.
(1) A magistrate may, if he is satisfied by information on oath that there is reasonable ground for suspecting that there is in or on any premises or place any article which may be seized under section 16, or any person who may be arrested under section 18, issue a warrant authorizing a member of the Customs and Excise Service or an authorized officer to enter and search the premises or place.
(2) If the Commissioner reasonably suspects—
(a) that—
(i) there is in or on any premises or place any article which may be seized under section 16; or
(ii) there is in, on or accessible from any premises or place a computer containing any information of a kind specified in section 16(2), or there is in or on any premises or place any device which contains any such information in a form in which it is capable of being retrieved on a computer; and
(b) that unless the premises or place are entered and searched immediately, the article is likely to be removed from the premises or place or the information is likely to be destroyed or rendered incapable of being retrieved on a computer,
he may authorize in writing a member of the Customs and Excise Service or an authorized officer to enter and search the premises or place.
(3) Subject to subsection (4), a member of the Customs and Excise Service or an authorized officer may, if he reasonably suspects that there is in or on any vessel, aircraft or vehicle any article which may be seized under section 16, stop, board, remove, detain and search the vessel, aircraft or vehicle.
(4) Subject to subsections (5) and (6), subsection (3) does not authorize—
(a) the detention for more than 12 hours of any vessel;
(b) the detention for more than 6 hours of any aircraft; or
(c) the detention for more than 12 hours of any vehicle.
(5) The Chief Secretary may, by order in writing under the hand of the Chief Secretary, detain a vessel referred to in subsection (4)(a) for further periods of not more than 12 hours each or detain an aircraft referred to in subsection (4)(b) for further periods of not more than 6 hours each, and any such order made by the Chief Secretary shall state the times from which and for which the order shall be effective.
(6) The Commissioner may, by order in writing under the hand of the Commissioner, detain a vehicle referred to in subsection (4)(c) for further periods of not more than 12 hours each, and any such order made by the Commissioner shall state the times from which and for which the order shall be effective.