Hazardous Substances and New Organisms Act 1996
Act to bind the Crown
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
(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
(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
(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
(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
(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.