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Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Part V · International Inspection

40. Powers of National Authority members in relation to inspection by International Inspector

(1)

An inspection under section 39 shall not be carried out unless the International Inspector is accompanied by a member of the

National Authority or a National Inspector.

(2)

Any member of the National Authority or a National Inspector may direct the owner or any person in charge of the facility being inspected to—

(a)

provide the International Inspector with access to any area, container or thing at the facility being inspected in a manner consistent with the provisions of this Act and the

Convention;

(b)

permit the International Inspector to examine anything at the facility being inspected;

(c)

permit the International Inspector to make copies of any information contained in the records, documents or computerized data kept or used in relation to the facility being inspected and to remove such copies from that facility;

(d)

permit the International Inspector to take photographs of anything in the facility being inspected;

(e)

permit the International Inspector to interview any person at the facility being inspected; and

34 Laws of Malaysia ACT 641

(f)

permit the International Inspector to take samples for analysis in the facility, conveyance or any other place being inspected.

(3)

Any person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Terms defined in s 3

Convention
Defined · s 3
“Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
Open s 3
conveyance
Defined · s 3
“conveyance” includes any ship, train, vehicle and aircraft and any other means of transport by which persons or goods can be carried;
Open s 3
facility
Defined · s 3
“facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
Open s 3
International Inspector
Defined · s 3
“International Inspector” means a person who holds a certificate issued by the Minister under subsection 38(2); Chemical Weapons Convention 9
Open s 3
member
Defined · s 3
“member” means any member of the National Authority appointed under subsection 6(2);
Open s 3
National Authority
Defined · s 3
“National Authority” means the National Authority established under subsection 6(1); Chemical Weapons Convention 11
Open s 3
National Inspector
Defined · s 3
“National Inspector” means a person who is appointed by the Minister under subsection 5(1);
Open s 3
this Act
Defined · s 3
“this Act” includes any subsidiary legislation made under this Act;
Open s 3

Report

Read on from s 41

Part VI

Enforcement

Read on from Part VI

Part VII

Miscellaneous

Read on from Part VII