Chemical Weapons (Prohibition) Act 1994

If any chemical weapon is developed, produced, otherwise acquired, stockpiled, retained or transferred in contravention of section 12, the weapon is forfeited to the Commonwealth.

A constable may, without warrant, seize any substance or article (including a substance or article notified to the Director or a constable under section 13) which is forfeited or which the constable has reasonable grounds to believe is forfeited to the Commonwealth as a chemical weapon under subsection (1), and take it before a court of summary jurisdiction.

If articles are taken before a court of summary jurisdiction under subsection (2), the court must inquire into the matter and:

if the court is satisfied that the substance or article is forfeited—must order that the substance or article be condemned; or

if the court is not so satisfied—must order that the substance or article be delivered to such person as the court is satisfied is entitled to the substance or article.

A court of summary jurisdiction may, before inquiring into a matter in accordance with subsection (3), require notice of the inquiry to be given to such persons as the court thinks fit.

If any prosecution is pending, an order for the condemnation or the delivery to a person of a substance or article relating to the prosecution must not be made until the prosecution is determined.

A substance or article seized under subsection (2) must be stored in accordance with the approved procedures until an order is made under subsection (3).

A condemned chemical weapon must be destroyed or otherwise dealt with in accordance with approved procedures as soon as practicable after it is determined that it is condemned.

Until it is so destroyed or otherwise dealt with, a condemned chemical weapon must be stored in accordance with approved procedures.