Output 1.5: CWC Implementation

Regulation and reporting of Australian chemical activities in accordance with the Chemical Weapons Convention (CWC), and strengthening international implementation of the Convention.

Performance Measures

• Australia's obligations under the CWC are met.
• Effective regulation of CWC-related activities in Australia, involving the chemical industry, research and trade.
• Contribute to strengthening CWC verification and implementation, including through cooperation with the Organisation for the Prohibition of Chemical Weapons (OPCW) and with CWC States Parties.
• Contribute to enhancing regional CWC implementation through targeted outreach.

Performance Assessment

Meeting CWC Obligations

ASNO maintained Australia's strong record of performance in meeting its CWC obligations. Comprehensive and timely annual declarations, amendments and notifications were provided to the OPCW via its Secure Information Exchange portal as follows:

• Article VI declaration of imports and exports of CWC-Scheduled chemicals and of past activities at 37 facilities with CWC-relevant chemical production, processing or consumption activities during 2020 (declared in March 2021)
• Article VI declaration of anticipated activities at seven CWC-Scheduled chemical facilities for 2021 (declared in September and October 2020)
• Article X, paragraph 4, declaration of Australia's national programs for protection against chemical weapons during 2020 (declared in April 2021)
• responses to OPCW Third Person Notes including routine clarification of the operational status of declared chemical plants and
• responses to OPCW notifications and amendments/corrections to inspector details and deletions or additions to the OPCW inspectorate.

OPCW Inspections

Since 1997, the OPCW has conducted 62 routine inspections in Australia. The inspections have occurred at declared chemical plants and a Defence protective purposes laboratory suite in accordance with the provisions of Article VI of the CWC. In the reporting period, ASNO facilitated two routine OPCW inspections.

The first inspection was of Australia's declared Schedule 1 protective purpose facility in Victoria, from 12 to 18 May 2021. Prior to the inspection starting, the facility identified that the 2020 annual notification of past activities was missing information for one chemical. On arrival, OPCW inspectors were briefed of this record-keeping oversight which was a consequence of Melbourne's sudden COVID–19 lockdowns. The inspection proceeded smoothly, with excellent support and cooperation from the facility. The inspectors confirmed the record keeping oversight and verified other declared information, including the absence of any undeclared CWC-Schedule 1 chemical production, in accordance with the inspection mandate. The facility amended annual declarations of past activities and the OPCW considers the inspection closed.

The second inspection was of a declared 'Other Chemical Production Facility' (OCPF) in Queensland on 20 May 2021. The inspection proceeded smoothly, with excellent support and cooperation from the site. The OPCW inspection team verified the company's declarations, including the absence of any undeclared CWC-Schedule 1 chemical production, in accordance with the inspection mandate.

ASNO chemical database

Online reporting by regulated chemical facilities and import permit holders, in accordance with statutory obligations, enabled ASNO's preparation of Australia's declaration of past and anticipated chemical activities to the OPCW.

As mentioned in the ASNO's Annual Report 2019–2020, a key challenge for ASNO is assisting with the development and implementation of a new chemical database to support Australia's reporting obligations under the Chemical Weapons Convention. ASNO's current chemical database and online portal are no longer fit-for-purpose. Efforts to replace the database during the reporting period were unsuccessful. ASNO will continue to work with DFAT's Information Management and Technology Division to develop a new chemical database system with an industry access online portal to improve the end-user stakeholder experience and the efficiency of ASNO's regulatory function.

Legislation and Regulation

The CWC is included as a Schedule to the Chemical Weapons (Prohibition) Act 1994 (the CWP Act). There are three Schedules of chemicals listed in an annex to the CWC known as the 'Annex on Chemicals'. Any changes to the CWC Annex on Chemicals accepted by Australia are regulated by amending the Chemical Weapons (Prohibition) Regulations 1997. The Regulations were last updated in June 2020 to include four additional Schedule 1 chemicals/chemical families.

The permit systems, under the CWP Act and Regulation 5J of the Customs (Prohibited Imports) Regulations 1956, continued to operate well.

Table 18 provides statistics for the permits issued to facilities producing, processing or consuming CWC-Scheduled chemicals during the current reporting period. Thirty-three facility permits were in effect at 30 June 2021.

During the 2020–21 period, 58 import permits and five import permit variations were issued for the import of CWC-Schedule 2 and 3 chemicals; no permits were issued for the import of CWC-Schedule 1 chemicals.

Table 18: Permits for CWC-Scheduled Chemical Facilities

CWC- Scheduled Chemicals	CWP Act 1994	Permit type	Permits at 30 June 202126	New permits 2020–21	Re-issued permits 2020–21	Permits cancelled 2020–21
Schedule 1	s19(4)	Production (Protective)	1	0	1	0
	s19(5)	Production (Research)	8	0	3	1
	s19(6)	Consumption	12	1	4	0
Schedule 2	s18(1)	Processing	7	0	1	0
Schedule 3	s18(1)	Production	3	0	0	0

ASNO is a member of the Australian Government Regulatory Science Network (RSN). Established in 2011, the RSN is a network of Australian Government agencies responsible for regulating chemical, biological or radiological materials. The RSN committee meets regularly to exchange information and conducts at least one major science-focused activity each year to promote regulatory science exchange among the member agencies. Other activities include joint agency seminars, interagency workshops, symposiums and conference presentations.

RSN membership includes:

• Australian Government Department of Agriculture, Water and the Environment (DAWE)
• Australian Pesticides and Veterinary Medicines Authority (APVMA)
• Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)
• Australian Safeguards and Non-Proliferation Office (ASNO)
• Defence Export Control (DEC)
• Food Standards Australia New Zealand (FSANZ)
• National Health and Medical Research Council (NHMRC)
• Australian Industrial Chemical Introduction Scheme (AICIS)
• Office of Chemical Safety, Department of Health (OCS)
• Office of the Gene Technology Regulator (OGTR)
• Safe Work Australia (SWA) and
• Therapeutic Goods Administration (TGA).

The RSN is a forum for scientific and technical staff from member agencies to discuss regulatory scientific issues and improve interagency cooperation. The objective of the RSN is to improve the performance of Australian government regulatory agencies by strengthening evidence-based decision-making through:

• improving the quality and consistency of regulatory science
• fostering collaboration and sharing scientific knowledge and experience between agencies and
• contributing to regulatory science issues.

Cooperation with the OPCW and CWC States Parties

ASNO has continued to support OPCW initiatives and has worked with other States Parties to encourage effective implementation of the CWC.

ASNO provided technical advice and contributed to policy development in preparation for OPCW Executive Council meetings, industry cluster meetings and informal consultations in The Hague during the reporting period. ASNO attended the virtual Regional Meetings of CWC National Authorities in Asia on 29 July 2020 and 22–24 June 2021. ASNO also attended the virtual National Authorities for the CWC meeting from 23–25 November 2020.

Domestic Outreach

ASNO continued its close cooperation on CWC implementation issues with Australian Government agencies including the Department of Defence, Defence Export Controls, Attorney-General's Department, Department of Home Affairs and Australian Border Force.

To assist with meeting CWC reporting obligations and ensure compliance with CWC-relevant legislation, ASNO also continued to strengthen engagement with its constituency in industry, research and trade, including with non-government agencies and associations.

Organisation for the Prohibition of Chemical Weapons inspection at an Other Chemical Production Facility, May 2021 (Photo courtesy of the site.)

26 Permit numbers include new, existing and renewed permits.