On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 31/12/2001.
PART III
OFFENCES
8.
—(1) Any person who —
(a)
uses a chemical weapon;
(b)
develops or produces a chemical weapon;
(c)
acquires, stockpiles or retains a chemical weapon;
(d)
transfers, directly or indirectly, a chemical weapon to another person;
(e)
engages in military preparations to use a chemical weapon;
(f)
knowingly assists, encourages or induces, in any way, another person to engage in any activity prohibited to a State Party under the Convention; or
(g)
uses a riot control agent as a method of warfare,
shall be guilty of an offence and shall on conviction be punished with —
(i)
imprisonment for a term which may extend to life imprisonment; and
(ii)
a fine not exceeding $1 million.
(2) Nothing in subsection (1) shall apply in respect of any act done by an authorised officer, a national inspector or an international inspector under the authority of this Act or any other written law.
(3) In proceedings for an offence under subsection (1)(a), (c), (d), (e) or (g) relating to an object, it is a defence for the accused to prove that —
(a)
he neither knew nor suspected nor had reason to suspect that the object was a chemical weapon or riot control agent, as the case may be; or
(b)
as soon as reasonably practicable after he first knew or suspected it to be a chemical weapon or riot control agent, as the case may be, he took all reasonable steps to inform an authorised officer of his knowledge or suspicion.
(4) Nothing in subsection (3) shall prejudice any defence which is open to a person charged with an offence under this section to raise apart from that subsection.
9.
—(1) No person shall use, develop, produce, acquire, stockpile, retain or transfer a Schedule 1 chemical for a permitted purpose except under and in accordance with the conditions of a licence granted by the Director.
(2) No person shall —
(a)
produce, process or consume a Schedule 2 chemical for a permitted purpose; or
(b)
produce a Schedule 3 chemical for a permitted purpose,
except under and in accordance with the conditions of a licence granted by the Director.
(3) No person shall produce —
(a)
more than 200 tonnes in total of any one or more unscheduled discrete organic chemicals per year; or
(b)
more than 30 tonnes of any one unscheduled discrete organic chemical containing phosphorous, sulfur or fluorine per year,
except under and in accordance with the conditions of a licence granted by the Director.
(4) No person shall import or export a Schedule 2 chemical or Schedule 3 chemical except under and in accordance with the conditions of a licence granted by the Director.
(5) An application for a licence to do any of the acts referred to in subsections (1) to (4) shall be made to the Director in such manner or form as the Director may determine and shall be accompanied by the prescribed fee.
(6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.
(7) Any person who contravenes subsection (2), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(8) The Minister may make regulations to prescribe the manner of application for a licence, the form and duration of a licence, the terms and conditions upon which and the circumstances in which a licence may be granted, held, suspended, cancelled, extended, renewed or replaced, and the fees payable in respect thereof.
(9) In subsection (3), “unscheduled discrete organic chemical” means a discrete organic chemical not listed in the Schedule.
10.
—(1) A court may order that anything shown to the court’s satisfaction to be the subject matter of an offence under this Part or to have been used in the commission of such an offence shall be forfeited to the Government, and either destroyed or otherwise dealt with in such manner as the court may order.
(2) In particular, the court may order the thing to be dealt with as the Director may see fit; and in such a case the Director may direct that it be destroyed or otherwise dealt with.
(3) Where —
(a)
the court proposes to order anything to be forfeited under this section; and
(b)
a person claiming to have an interest in it applies to be heard by the court,
the court shall not order it to be forfeited unless that person has been given an opportunity to show cause why the order should not be made.
(4) The court may make an order under this section notwithstanding that no person has been charged with or convicted of an offence under this Part in relation to the thing to be forfeited.