Page:Chemical Weapons (Convention) Ordinance (Cap. 578).pdf/35

CHEMICAL WEAPONS (CONVENTION) ORDINANCE :(a) is required under section 8(1)(b) to have a permit to operate a facility so far as concerns the production, processing or consumption of Schedule 2 chemicals at that facility; and
 * (b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces, processes or consumes Schedule 2 chemicals at that facility,

commits an offence and is liable—
 * (c) on summary conviction to a fine at level 6 and to imprisonment for 1 year;
 * (d) on conviction on indictment to a fine of $200,000 and to imprisonment for 2 years.

(3) A person who—
 * (a) is required under section 8(1)(c) to have a permit to operate a facility so far as concerns the production of particular Schedule 3 chemicals at that facility; and
 * (b) without, or otherwise than in accordance with, such a permit, intentionally or recklessly produces that chemical at that facility,

commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.[''cf. Chemical Weapons (Prohibition) Act 1994, s. 77(1), (2) & (3), Commonwealth of Australia'']

(4) A permit holder who, without reasonable excuse, contravenes a condition to which a permit is subject commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.

(5) Any person who—
 * (a) forges a permit;
 * (b) without the authority of the Director, makes any alteration to a permit; or
 * (c) knowingly utters or makes use of a permit that has been forged or, without the authority of the Director, altered,

commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 2 years.

31. Part 4 offences (Notifications and reports in respect of facilities)

(1) The operator of a facility who, without reasonable excuse, contravenes section 11(1)(a) or (b) or 12(2) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.

(2) A person who, without reasonable excuse, fails to comply with a notice given by the Director under section 13(2) or (3) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 1 year.