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 39 facilities with CWC-relevant chemical production, processing or consumption activities during 2021 (declared in March 2022)
- Article VI declaration of anticipated activities at nine CWC-Scheduled chemical facilities for 2022 (declared in September and October 2021)
- Article X, paragraph 4, declaration of Australia's national programs for protection against chemical weapons during 2021 (declared in April 2022)
- 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 66 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 current reporting period, ASNO facilitated four routine OPCW inspections.
The first inspection was of a Schedule 2 processing facility in Victoria. The second, third and fourth inspections were of declared 'Other Chemical Production Facilities' (OCPF), with one in New South Wales and two in Queensland.
The four inspections proceeded smoothly, with excellent support and cooperation from the sites. The OPCW inspection team verified the companies declarations, including the absence of any undeclared CWC-Schedule 1 chemical production, in accordance with the inspection mandates.
ASNO inspections
ASNO conducted an inspection pursuant to Section 35 of the Chemical Weapons (Prohibition) Act 1994 of a Schedule 2 processing facility in Melbourne. The inspection was called due to an ongoing issue of report past the timeframes identified in the Chemical Weapons (Prohibition) Regulations 1997. The issue has been resolved, with reporting occurring on time since the inspection.
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 Annual Report 2020–21, 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 CWC. 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 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.
Table 14 provides statistics for the permits issued to facilities producing, processing or consuming CWC-Scheduled chemicals during the current reporting period. Thirty-one facility permits were in effect at 30 June 2022.
The permit systems, under the CWP Act and Regulation 5J of the Customs (Prohibited Imports) Regulations 1956, continued to operate well. During the reporting period 66 import permits, and one import permit variation, were issued for the import of CWC-Schedule 2 and 3 chemicals. Two permits were issued for the import of CWC-Schedule 1 chemicals and eight permits were issued import unknown samples from/on behalf of the OPCW to use to import OPCW proficiency test samples.
| CWC- Scheduled Chemicals | CWP Act 1994 | Permit type | Permits at 30 June 202223 | New permits 2021–22 | Re-issued permits 2021–22 | Permits cancelled 2021–22 |
|---|---|---|---|---|---|---|
| Schedule 1 | s19(4) | Production (Protective) | 1 | 0 | 0 | 0 |
| s19(5) | Production (Research) | 8 | 1 | 0 | 0 | |
| s19(6) | Consumption | 12 | 0 | 1 | 0 | |
| Schedule 2 | s18(1) | Processing | 7 | 1 | 0 | 0 |
| Schedule 3 | s18(1) | Production | 3 | 0 | 0 | 0 |
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. ASNO attended the virtual Regional Meeting of CWC National Authorities in Asia on 23–25 May 2022 and the virtual National Authorities for the CWC meeting in November 2021.
In April, Director General ASNO met with DG OPCW, H.E. Fernando Arias, and senior management to discuss CWC challenges, Russia, Syria, ways to support the OPCW Technical Capability and CWC implementation globally, with a focus on the Indo-Pacific region.
Malaysia partnership program
In March, the first exchange of the OPCW Australia-Malaysia Partnership Program was held in Canberra. The discussions focused on CWC implementation legislation, import and export of CWC Scheduled chemicals and chemical safety and security. The Australia Group and strong export control regimes were also discussed.
The Partnership Program had considerable support across government, including: Department of Foreign Affairs and Trade; Australian Border Force, Department of Defence (Defence Science and Technology Group, Defence Export Controls and Strategic Policy's Counter-Proliferation and Arms Control area), Attorney General's Department, Department of Home Affairs and Queensland Fire and Emergency Services. The support of Chemistry Australia and a chemical production facility in Sydney was also greatly appreciated.
The second exchange under the Partnership is scheduled for August 2022 in Malaysia.
ASNO participants, Michelle Kopac, Vanessa Robertson and John Kalish with Ambassador Zainol Rahim Zainuddin, Chairman of National Authority for Chemical Weapons Convention Malaysia and the Malaysian national authority team at the OPCW Australia-Malaysia Partnership Program meeting in Canberra, March 2022. (Image courtesy of DFAT)
Dr John Kalish, Assistant Secretary ASNO (on the right) making opening remarks at the OPCW Australia-Malaysia Partnership Program meeting in Canberra, March 2022. (Image courtesy of DFAT)
Domestic Outreach
ASNO continued its close cooperation on CWC implementation issues with relevant Australian Government departments and agencies.
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.
ASNO conducted industry outreach visits at eighteen facilities during the reporting period.
23 Permit numbers include new, existing and renewed permits.
