Chemical Weapons Convention Functions

The Convention on the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction (or CWC) prohibits the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons. Its verification regime is based on declarations by States Parties of facilities and activities dealing with particular chemicals, and on confirmation of compliance through on-site inspections.

ASNO is Australia's designated national authority for the CWC. It acts as the primary liaison between domestic CWC stakeholders (such as declared chemical facilities), the Organisation for the Prohibition of Chemical Weapons (OPCW), and the national authorities of other States Parties.

Through a system of permits and notifications under the Chemical Weapons (Prohibition) Act 1994 and the Customs (Prohibited Imports) Regulations 1956, ASNO gathers information from the chemical industry, traders, universities and research institutions to compile declarations that Australia must submit to the OPCW. ASNO conducts compliance inspections of relevant facilities in Australia. ASNO conducts outreach activities, including site visits, to promote compliance and to check the accuracy of information provided by industry.

The OPCW conducts routine inspections of facilities listed in Australia's CWC declarations. ASNO facilitates these inspections to ensure Australia's obligations are met, and to protect the rights of facility operators.

ASNO promotes effective international implementation of the CWC, particularly in Australia's region. It works with the OPCW and other States Parties to formulate policy and provide practical implementation assistance.

ASNO's key CWC functions are:

• Australia's point of contact for liaison on CWC implementation
• identifying and gathering information on industrial chemical facilities and other activities, subsequently reported to the OPCW if declarable
• preparing for and facilitating OPCW inspections in Australia
• promoting awareness and effective implementation of the CWC, both domestically and internationally
• providing technical and policy advice to Government and
• administering and developing related regulatory and administrative mechanisms.

Chemical Weapons (Prohibition) Act 1994

The Chemical Weapons (Prohibition) Act 1994 (CWP Act) was enacted on 25 February 1994.

The CWP Act gives effect to Australia's obligations, responsibilities and rights as a State Party to the CWC. In particular, the CWP Act:

• prohibits activities connected to the development, production or use of chemical weapons, including assisting anyone engaged in these activities, whether intentionally or recklessly – such offences are punishable by life imprisonment
• establishes permit and notification systems to provide a legal framework for the mandatory provision of data to ASNO by facilities which produce or use chemicals as specified by the CWC, so that ASNO can lodge declarations with the OPCW
• provides for routine inspections of declared facilities and challenge inspections of any facility or other place in Australia by OPCW inspectors to verify compliance with the CWC, and for inspections by ASNO to verify compliance with the CWP Act
• provides for procedures should another State Party seek clarification concerning compliance with the CWC at any facility or other place or by any person in Australia.

Regulations under the CWP Act prescribe procedures and details of other arrangements under the CWP Act. In particular, the Regulations define conditions that are to be met by holders of permits issued under the CWP Act, and for granting privileges and immunities to OPCW inspectors when carrying out inspections in Australia.