3. Act to bind the Crown---(1) Except as provided in subsections (2)
 to (8) of this section, this Act shall bind the Crown.

   (2) Subject to subsections (3) to (8) of this section, this Act shall
 not apply to any hazardous substance controlled by the Minister of
 Defence.

   (3) The Chief of Defence Force shall develop codes of practice for
 hazardous substances controlled by the Minister of Defence and contained
 in any weapons system.

   (4) The codes of practice developed under subsection (3) of this
 section---
   (a) Shall meet the requirements prescribed by regulations made in
         accordance with section 75 of this Act; and
   (b) May incorporate or adapt any relevant international code of
         practice.

   (5) The Chief of Defence Force---
   (a) Shall ensure that methods of controlling all hazardous substances
         not contained in any weapons system and controlled by the
         Minister of Defence conform to the relevant requirements
         prescribed by regulations made in accordance with section 75 of
         this Act; and
   (b) May comply with the requirements by following the relevant code of
         practice approved under section 79 of this Act.

   (6) The Secretary of Defence shall audit the controls on hazardous
 substances under the control of the Minister of Defence in accordance
 with section 24 (2) (e) of the Defence Act 1990, and report the results
 to the Minister and the Minister of Defence.

   (7) Any person may report to the Authority a breach of the
 requirements required to be met by any regulations in relation to
 hazardous substances under the control of the Minister of Defence.

   (8) Where an incident occurs which involves any hazardous substance
 under the control of the Minister of Defence and the incident is not
 being investigated under the Armed Forces Discipline Act 1971, the
 Authority may, after consultation with the Minister and the Minister of
 Justice and the Minister of the Crown who is responsible for the
 Department for Courts, direct an inquiry to be held before a District
 Court Judge.

   (9) To assist the Judge, the Authority may appoint 2 or more people
 with skills or knowledge relevant to the subject-matter of the inquiry.

   (10) The Judge may hold the inquiry at any times and places the Judge
 appoints, and shall report on the cause of the incident to the
 Authority.

   (11) The Judge has all the powers of a Commission of Inquiry under the
 Commissions of Inquiry Act 1908; and subject to subsections (9) and (10)
 of this section, that Act shall apply accordingly.