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Comprehensive Nuclear-Test-Ban Treaty Act 1998
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Department of Foreign Affairs and Trade
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C2019C00013 C08
29 December 2018
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Part 1—Preliminary
1 Short title
2 Commencement
3 External Territories
4 Australian ships and aircraft
5 Act binds the Crown
6 Application of Criminal Code
7 Definitions
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Part 2—Ban on nuclear explosions
8 Offence of causing a nuclear explosion
9 Extraterritorial operation of offence
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Part 3—Inspections
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Division 1—Outline of Part
10 Outline of Part
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Division 2—On-site inspections etc.
11 Requests for on-site inspections
12 On-site inspection powers
13 On-site inspection purposes
14 Organization inspectors
15 Observers
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Division 3—Clarification procedures
16 Scope of Division
17 Director may give information or documents
17A Declaration of clarification inspection area
18 Inspections by national inspectors
19 Joint inspections
20 Limit on modifications
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Division 4—Inspection warrants and conduct of inspections
21 On-site inspection warrants
22 Clarification inspection warrants
23 Content of warrants
24 Duration of inspection
25 Inspections not to be intrusive
26 On-site inspection warrant may authorise presence of an observer
27 Initial inspection plan
28 Managed access
29 Other modifications of inspection plan
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Division 5—Offence-related searches and seizures
30 Offence-related searches and seizures
31 Offence-related warrants
32 The things that are authorised by a search warrant
33 Specific powers available to warrant teams executing search warrants
34 Use of equipment to examine or process things
35 Use of electronic equipment at premises
36 Occupier may observe search
37 Warrants by telephone or other electronic means
38 Receipts for things seized or moved
39 Return of seized things
40 Court of summary jurisdiction may permit a thing to be retained
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Division 6—General rules about warrants
41 Announcement before entry
42 Availability of assistance and use of force in executing warrant
43 Details of warrant to be given to occupier etc.
44 Copies of seized things to be provided
45 Compensation for damage to equipment
46 Making false statements in applications for warrant
47 Offences relating to telephone warrants
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Part 4—Monitoring facilities
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Division 1—Establishing and operating monitoring facilities
48 Declaration of Treaty monitoring facilities
49 Minister may establish and operate monitoring facilities
50 Minister may enter into arrangements
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Division 2—Powers to do certain activities
51 Authorisation to gain access to facilities
52 Inspecting land
53 Establishing facilities
54 Maintaining facilities
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Division 3—Rules about exercising Division 2 powers
55 Damage etc. to be minimised
56 Person must restore land
57 Management of activities
58 Roads etc. to remain open for passage
59 Notice to owner of land
60 Giving notices
61 Compensation
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Part 5—Australian Comprehensive Test Ban Office
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Division 1—Establishment of the Office
62 Designation of the Office
63 Director of Office
64 Functions of the Office
65 Delegation by Director
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Division 2—National inspectors and consultants
66 National inspectors
67 Identity cards
68 Engagement of consultants etc.
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Part 6—Miscellaneous
69 Delegation by Minister
70 Powers to be exercised in accordance with Treaty
71 Annual report by Director
72 Additional reports
73 Privileges and immunities
74 Secrecy
75 Expressions in section 74
76 Australia not liable for acts or omissions of Organization
77 Organization has legal personality and capacity
78 Regulations
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Schedule 1—Comprehensive Nuclear-Test-Ban Treaty
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history