1Short title
This Act may be cited as the Crimes (Biological Weapons) Act 1976.
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This Act may be cited as the Crimes (Biological Weapons) Act 1976.
Sections 1, 2, 3 and 7 shall come into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.
In this Act, Convention means the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, which was signed on behalf of Australia on 10 April 1972, being the Convention a copy of the English text of which is set out in the Schedule.
This Act extends to every external Territory.
This Act extends to acts done or omitted to be done by Australian citizens outside Australia and the external Territories.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Approval is given to ratification by Australia of the Convention.
It is unlawful to develop, produce, stockpile or otherwise acquire or retain:
microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes; or
weapons, equipment or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict.
A corporation that, or a natural person who, does an act or thing declared by subsection (1) to be unlawful commits an offence and is punishable, on conviction:
in the case of a corporation—by a fine not exceeding 2,000 penalty units; and
in the case of a natural person—by imprisonment for a specified period or for life, or a fine not exceeding 100 penalty units, or both.
An expression that is used in this section and in the Convention has in this section the same meaning as in the Convention.
Where any substance or article is developed, produced, stockpiled or otherwise acquired or retained in contravention of subsection 8 (1), the substance or article is forfeited to the Commonwealth.
A constable may, without warrant, seize any substance or article that is forfeited, or that he or she has reasonable grounds to believe to be forfeited, to the Commonwealth under subsection (1), and may retain the substance or article until the expiration of a period of 60 days after the seizure or, if a prosecution for an offence referred to in section 10 in relation to the substance or article is instituted before the expiration of that period, until the prosecution is terminated.
Any substance or article seized in pursuance of subsection (2) shall be stored in accordance with the prescribed procedures.
In this section, constable means a member or special member of the Australian Federal Police or a member of the Police Force of a State or Territory.
Subject to subsection (2), all offences against this Act (including offences that are taken to have been committed because of section 11.2 or 11.2A of the Criminal Code), or against section 11.1 or 11.4 of the Criminal Code in relation to this Act, are indictable offences and are not triable summarily.
Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for his or her commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence referred to in subsection (1) may be dealt with in accordance with that law.
Proceedings for the commitment of a person for trial on indictment for an offence referred to in subsection (1) shall not be instituted except with the consent in writing of the Attorney‑General or of a person authorized by the Attorney‑General, by writing signed by him or her, to give such consents.
Notwithstanding that a consent in accordance with subsection (3) has not been given in relation to an offence referred to in subsection (1):
a person may be charged with the offence;
a person may be arrested for the offence, and a warrant for such an arrest may be issued and executed; and
a person so charged may be remanded in custody or on bail;
but no further step in proceedings for the offence shall be taken until such a consent has been given.
Nothing in subsection (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time.
A provision of the Judiciary Act 1903 by which a court of a State is invested with jurisdiction with respect to offences against laws of the Commonwealth has effect, in relation to offences referred to in section 10 of this Act not committed within any State, as if that jurisdiction were so invested without limitation as to locality.
The trial on indictment of an offence referred to in section 10 not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.
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