Crimes (Biological Weapons) Regulations

Administered by Attorney-General's Department, Department of Home Affairs

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1980 No. 32

REGULATIONS UNDER THE CRIMES (BIOLOGICAL
WEAPONS) ACT 19761

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Crimes (Biological Weapons) Act 1976.

 Dated this twenty-sixth day of February 1980.

 ZELMAN COWEN

 Governor-General

 By His Excellency’s Command,

 

P. DURACK

Attorney-General

_______________

CRIMES (BIOLOGICAL WEAPONS) REGULATIONS

1 Citation

  These Regulations may be cited as the Crimes (Biological Weapons) Regulations.

2 Interpretation

  In these Regulations, unless the contrary intention appears—

“authorized person” means a person appointed by the Director-General, by instrument in writing, to be an authorized person for the purposes of these Regulations;

“Director-General” means the person who holds, or is for the time being performing the duties of, the office of Director-General of Health;

“the Act” means the Crimes (Biological Weapons) Act 1976.

3 Storage of substances and articles

 (1) A person who, on behalf of the Commonwealth, acquires a substance or article in respect of which an offence referred to in section 10 of the Act has been, or is alleged to have been, committed shall inform the Director-General or an authorized person forthwith that he has so acquired the substance or article.

 (2) Where the Director-General or an authorized person has, in accordance with sub‑regulation (1), been informed of the acquisition of a substance or article, the Director-General or the authorized person, as the case may be, shall give such directions in respect of the storage of the substance or article as, in his opinion, are appropriate in the circumstances, being directions that are not inconsistent with the requirements of sub‑regulation (5).

 (3) Without limiting the generality of sub-regulation (2), the matters in respect of which directions may be given under that sub-regulation include—

 (a) the place at which the substance or article is to be stored;

 (b) the temperature and relative humidity at which the substance or article is to be stored; and

 (c) the type of container (if any) in which the substance or article is to be stored.

 (4) A person who is responsible for the storage of a substance or article referred to in this regulation shall comply with directions given under sub-regulation (2) in respect of the storage of that substance or article.

 (5) In addition to complying with directions given under sub-regulation (2), a person who is responsible for the storage of a substance or article referred to in this regulation shall ensure that the following information is recorded on a label attached to the substance or article or to a container in which the substance or article is stored:

 (a) a description of the substance or article when acquired by the Commonwealth;

 (b) the place, date and time when so acquired;

 (c) the name of the person who acquired the substance or article on behalf of the Commonwealth; and

 (d) particulars of any dealings with the substance or article after its acquisition by the Commonwealth.

4 Disposal of substances and articles

 (1) A person shall not dispose of a substance or article in respect of which an offence referred to in section 10 of the Act has been, or is alleged to have been, committed except in accordance with the directions of the Director-General or an authorized person.

 (2) The Director-General or an authorized person may give such directions as, in his opinion, are necessary in respect of the disposal of a substance or article referred to in sub‑regulation (1).

 (3) In giving directions under sub-regulation (2), the Director-General or an authorized person shall have regard to—

 (a) the requirements of public health and safety; and

 (b) the effect of the directions with respect to plants and animals.

5 Analysis of substances

  (1) A person who has been charged with an offence referred to in section 10 of the Act in respect of a substance referred to in paragraph 8 (1) (a) of the Act may request the Director-General or an authorized person to provide him with an opportunity to have a sample of the substance analysed on his behalf.

 (2) Where a person charged has made a request to the Director-General or an authorized person under sub-regulation (1), the Director-General or the authorized person, as the case may be, shall make a sample of the substance available for analysis by a person who, by virtue of his training and experience, is competent to analyse the substance, being a person nominated by the person charged.

 (3) The Director-General or the authorized person, as the case may be, shall retain control at all times of a sample that he makes available for analysis in accordance with sub‑regulation (2).

 (4) An analysis of a sample that is made available in accordance with sub-regulation (2) shall be carried out at a time and place specified by the Director-General or the authorized person, being a time and place that is reasonable in the circumstances.

 (5) In specifying a time and place for the purposes of sub-regulation (4), the Director‑General or the authorized person shall have regard to the nature of the substance to be analysed and the requirements of public health and safety.

 

NOTE

1. Notified in the Commonwealth of Australia Gazette on 28 February 1980.

 

Overview

The Crimes (Biological Weapons) Regulations 1980 were enacted by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council, under the authority of the Crimes (Biological Weapons) Act 1976. These regulations address the need for strict control and management of substances and articles that may be used in the commission of offences related to biological weapons. The policy objective of these regulations is to ensure the safe and secure handling, storage, and disposal of such substances and articles, while also facilitating necessary analysis for legal proceedings. The Regulations establish clear protocols for the notification, storage, disposal, and analysis of substances and articles that are acquired by the Commonwealth in relation to alleged offences under the Act. The Director-General of Health, or an authorised person, is empowered to provide directions regarding the appropriate measures to be taken in each of these areas, with a focus on public health and safety, as well as the welfare of plants and animals.

Scope and Application

The Crimes (Biological Weapons) Regulations 1980, made under the Crimes (Biological Weapons) Act 1976, govern the handling of substances and articles that are related to biological weapons offences. These regulations apply to any person who acquires a substance or article on behalf of the Commonwealth and in respect of which a biological weapons offence has been, or is alleged to have been, committed. The scope of the Act is federal, as it pertains to the Commonwealth of Australia. The Regulations establish procedures for the storage, disposal, and analysis of these substances and articles, ensuring that they are managed in a manner that prioritises public health and safety. Directions regarding storage and disposal are to be issued by the Director-General or an authorized person, and the Regulations stipulate the specific information that must be recorded on labels attached to these substances or articles. The Act does not specify any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The main operative sections of the Crimes (Biological Weapons) Regulations (1980) address the management of substances and articles that may be involved in offences under the Crimes (Biological Weapons) Act 1976. Regulation 3 mandates that any person acquiring a substance or article, which may be related to such offences, must promptly inform the Director-General or an authorized person of this acquisition. Once informed, the Director-General or the authorized person is to provide directions for the storage of these substances or articles (reg. 3(2)). These directions can cover various aspects of storage, such as the location, temperature, relative humidity, and type of container used (reg. 3(3)). It is also required that the storage manager must follow these directions and ensure specific information is recorded on a label attached to the substance or article or its container (reg. 3(4)-(5)). The Regulations impose specific obligations on individuals and entities involved with substances or articles that may relate to offences under the Act. For instance, those responsible for the storage of these substances or articles must comply with the directions provided by the Director-General or an authorized person (reg. 3(4)). Similarly, any disposal of such substances or articles must be carried out in accordance with the directions given by the Director-General or an authorized person (reg. 4(1)). These directions should consider public health and safety, as well as the impact on plants and animals (reg. 4(3)). Additionally, if an individual charged with an offence under the Act wishes to have a sample of a relevant substance analysed, they can request the Director-General or an authorized person to facilitate this analysis by a competent person of their choice (reg. 5(1)-(2)). The Director-General or the authorized person retains control over the sample throughout the analysis process (reg. 5(3)), and they determine the time and place of the analysis, considering the substance's nature and public health and safety (reg. 5(4)-(5)). The Regulations also outline potential consequences for non-compliance. For instance, disposing of a substance or article without following the Director-General's or an authorized person's directions can lead to legal repercussions. However, the specific penalties for such breaches are not detailed within the Regulations themselves. Similarly, while the Regulations establish a framework for the analysis of substances in cases of alleged offences, they do not explicitly state the penalties for failing to comply with these provisions. The overarching Crimes (Biological Weapons) Act 1976, which these Regulations support, would likely outline the penalties for breaches of these provisions. Given the sensitive nature of biological weapons, penalties could potentially include significant fines and imprisonment, though the exact penalties would depend on the specific offence and jurisdictional interpretation.

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