Commonwealth Consolidated Acts

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 31

  (1)   This section applies if the Director thinks that a person, including the operator of a facility to which section   30 applies, is capable of giving information that is relevant to a declaration required to be given by Australia to the Organization under the Convention.

  (2)   The Director may, by written notice 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 authorised 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 written notice given to a 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)   A person must comply with a notice given to the person under this section.

  (4A)   A person commits an offence if:

  (a)   the person refuses or fails to do an act; and

  (b)   the refusal or failure causes a contravention of subsection   ( 4).

Penalty:   Imprisonment for 1 year.

  (4B)   Subsection   ( 4A) does not apply if the person has a reasonable excuse.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   ( 4B). See subsection   13.3(3) of the Criminal Code .

  (4C)   Subsection   ( 4A) does not apply to the extent that the person is not capable of complying with the notice.

Note:   The defendant bears an evidential burden in relation to the matter in subsection   ( 4C). See subsection   13.3(3) of the Criminal Code .

  (5)   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   30; or

  (b)   any other power the Director has under this Act to require the person to give information or documents.