Commonwealth Numbered Regulations - Explanatory Statements

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WEAPONS OF MASS DESTRUCTION REGULATIONS (AMENDMENT) 1996 NO. 176

STATUTORY RULE 1996 No. 176

Issued by the Authority of the Minister for Defence

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

Weapons of Mass Destruction Regulations (Amendment)

The Weapons of Mass Destruction Regulations ("the Principal Regulations") were made under the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 ("the Act") on 29 November 1995. The Principal Regulations set out, inter alia, the particulars that must appear in notices given, by the Minister under the Act, which prohibit the supply or export of goods or the provisions of services, and the details that must appear in applications made under the Act by persons wishing to supply or export goods or provide services. The Principal Regulations also prescribe the basic procedures for safe storage of goods seized or condemned (by a court of summary jurisdiction) under the Act, and for destroying or otherwise dealing with condemned goods which, under the Act, are forfeited to the Commonwealth.

The Senate Standing Committee on Regulations and Ordinances ("the Committee"), in considering the Principal Regulations, expressed concern about the operation of certain provisions. The amendments contained in the Statutory Rule are designed to meet the Committee's concerns.

Regulation 5 of the Principal Regulations sets out the particulars that are required to be included in a notice issued by the Minister under subsection 14(1) of the Act, prohibiting the supply or export of goods or provision of services. Regulation 5 requires the notice to be in writing and to set out the Minister's reasons for giving the notice, except to the extent that disclosure of those reasons is not in the national interest. The Statutory Rule amends regulation 5 to add the requirement that notices issued under that regulation also state that there are national interest reasons for non-disclosure of some information, if that is the case.

Regulation 7 of the Principal Regulations prescribes the procedure for storage of goods seized pursuant to section 17 of the Act. This procedure requires the Minister to approve the storage place and, in so doing, to have regard to the nature of the goods seized and the suitability of the storage place for storing securely goods of that kind. The Statutory Rule amends regulation 7 to add an additional criterion requiring the Minister to have regard to the need to maintain the condition and value of the goods as far as is practicable, when approving the storage place.

The Statutory Rule comes into operation on the date of gazettal.