Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 78, 1998
Compilation No. 8
Compilation date: 29 December 2018
Includes amendments up to: Act No. 67 of 2018
Registered: 8 January 2019
About this compilation
This compilation
This is a compilation of the Comprehensive Nuclear-Test-Ban Treaty Act 1998 that shows the text of the law as amended and in force on 29 December 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 External Territories
4 Australian ships and aircraft
5 Act binds the Crown
6 Application of Criminal Code
Part 2--Ban on nuclear explosions
8 Offence of causing a nuclear explosion
9 Extraterritorial operation of offence
Part 3--Inspections
Division 1--Outline of Part
10 Outline of Part
Division 2--On-site inspections etc.
11 Requests for on-site inspections
12 On-site inspection powers
13 On-site inspection purposes
15 Observers
Division 3--Clarification procedures
16 Scope of Division
17 Director may give information or documents
17A Declaration of clarification inspection area
18 Inspections by national inspectors
19 Joint inspections
20 Limit on modifications
Division 4--Inspection warrants and conduct of inspections
21 On-site inspection warrants
22 Clarification inspection warrants
23 Content of warrants
24 Duration of inspection
25 Inspections not to be intrusive
26 On-site inspection warrant may authorise presence of an observer
27 Initial inspection plan
28 Managed access
29 Other modifications of inspection plan
Division 5--Offence-related searches and seizures
30 Offence-related searches and seizures
31 Offence-related warrants
32 The things that are authorised by a search warrant
33 Specific powers available to warrant teams executing search warrants
34 Use of equipment to examine or process things
35 Use of electronic equipment at premises
36 Occupier may observe search
37 Warrants by telephone or other electronic means
38 Receipts for things seized or moved
39 Return of seized things
40 Court of summary jurisdiction may permit a thing to be retained
Division 6--General rules about warrants
41 Announcement before entry
42 Availability of assistance and use of force in executing warrant
43 Details of warrant to be given to occupier etc.
44 Copies of seized things to be provided
45 Compensation for damage to equipment
46 Making false statements in applications for warrant
47 Offences relating to telephone warrants
Part 4--Monitoring facilities
Division 1--Establishing and operating monitoring facilities
48 Declaration of Treaty monitoring facilities
49 Minister may establish and operate monitoring facilities
50 Minister may enter into arrangements
Division 2--Powers to do certain activities
51 Authorisation to gain access to facilities
52 Inspecting land
53 Establishing facilities
54 Maintaining facilities
Division 3--Rules about exercising Division 2 powers
55 Damage etc. to be minimised
56 Person must restore land
57 Management of activities
58 Roads etc. to remain open for passage
59 Notice to owner of land
60 Giving notices
61 Compensation
Part 5--Australian Comprehensive Test Ban Office
Division 1--Establishment of the Office
62 Designation of the Office
64 Functions of the Office
65 Delegation by Director
Division 2--National inspectors and consultants
68 Engagement of consultants etc.
Part 6--Miscellaneous
69 Delegation by Minister
70 Powers to be exercised in accordance with Treaty
71 Annual report by Director
72 Additional reports
73 Privileges and immunities
74 Secrecy
75 Expressions in section 74
76 Australia not liable for acts or omissions of Organization
77 Organization has legal personality and capacity
78 Regulations
Schedule 1--Comprehensive Nuclear-Test-Ban Treaty
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Comprehensive Nuclear Test-Ban Treaty Act 1998 | 78, 1998 | 2 July 1998 | s 1 and 2: 12 Dec 2003 (s 2(1) item 1) |
|
Foreign Affairs and Trade Legislation Amendment (Application of Criminal Code) Act 2001 | 35, 2001 | 28 Apr 2001 | s 4 | |
Non-Proliferation Legislation Amendment Act 2003 | 132, 2003 | 12 Dec 2003 | Sch 2 and Sch 3 (items 3, 4: 12 Dec 2003 (s 2(1) item 3) | -- |
Non-Proliferation Legislation Amendment Act 2007 | 50, 2007 | 10 Apr 2007 | Sch 1 (item 8): 11 Apr 2007 (s 2(1) item 2) | -- |
5, 2011 | 22 Mar 2011 | Sch 7 (item 40): 19 Apr 2011 (s 2(1) item 18) | -- | |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 1 (item 10) and Sch 4 (item 63): 24 June 2014 (s 2(1) items 2, 9) | -- |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 69, 70): 10 Mar 2016 (s 2(1) item 6) | -- |
National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 | 67, 2018 | 29 June 2018 | Sch 2 (item 16): 29 Dec 2018 (s 2(1) item 3) | -- |
Provision affected | How affected |
Part 1 |
|
s 1..................... | am No 31, 2014 |
s 2..................... | rs No 132, 2003 |
s 7..................... | am No 132, 2003 |
Part 2 |
|
s 8..................... | am No 4, 2016 |
s 9..................... | rs No 50, 2007 |
Part 3 |
|
Division 2 |
|
Division 2 heading.......... | rs No 132, 2003 |
s 11.................... | am No 132, 2003 |
s 12.................... | am No 132, 2003 |
s 15.................... | am No 132, 2003 |
Division 3 |
|
s 16.................... | am No 132, 2003 |
s 17.................... | am No 132, 2003 |
s 17A................... | ad No 132, 2003 |
s 18.................... | am No 132, 2003 |
s 19.................... | am No 132, 2003 |
Division 4 |
|
s 21.................... | am No 132, 2003 |
s 22.................... | am No 132, 2003 |
s 24.................... | am No 132, 2003 |
s 26.................... | am No 132, 2003 |
s 27.................... | am No 132, 2003 |
s 28.................... | am No 132, 2003 |
Division 5 |
|
s 37.................... | am No 31, 2014 |
Division 6 |
|
s 41.................... | am No 132, 2003 |
s 46.................... | am No 4, 2016 |
s 47.................... | am No 4, 2016 |
Part 5 |
|
Division 1 |
|
s 62.................... | am No 132, 2003 |
s 63.................... | am No 132, 2003 |
Division 2 |
|
s 67 .................... | am No 35, 2001 |
Part 6 |
|
s 69.................... | am No 5, 2011 |
s 74.................... | am No 5, 2011; No 4, 2016; No 67, 2018 |