Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Part VI · Enforcement
45. Search and seizure without warrant
Feedback & supportIn addition to the powers as provided for under the Criminal
Procedure Code, where a National Inspector, a police officer not below the rank of Inspector or a Senior Officer of Customs has reasonable grounds for believing that by reason of the delay in
National Inspector
“National Inspector” means a person who is appointed by the Minister under subsection 5(1);
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obtaining a search warrant the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the National
Inspector, police officer not below the rank of Inspector or Senior
Officer of Customs may enter any facility, conveyance or other place and seize any chemical weapon, riot control agent or toxic chemical listed in Schedule 1, 2 or 3, or any receptacle, package, conveyance or other article in which the chemical weapon, riot control agent or toxic chemical is stored, kept or found, record, book, account, document or computerized data.
facility
“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;
Except as provided in subsection (3), where any chemical weapon, riot control agent or toxic chemical listed in Schedule 1, 2
chemical weapon
“chemical weapon” means the following, together or separately: (a) toxic chemicals, except where intended for purposes not prohibited under the Convention as long as the types and quantities are consistent with such purposes; (b) munitions and devices specifically designed to cause death or other harm through the toxic properties of the toxic chemicals specified in paragraph (a) which would be released as a result of the employment of such munitions and devices; (c) any equipment specifically designed for use directly in connection with the employment of the munitions and devices specified in paragraph (b);
or 3, and any receptacle, package, conveyance or other article in which the chemical weapon, riot control agent or toxic chemical is stored, kept or found, record, book, account, document or computerized data are seized under subsection (1), the seizing officer shall prepare a list of the things seized and immediately deliver a copy signed by him to the owner or person in charge of the facility, conveyance or other place which has been searched, or to such owner’s or person’s agent or servant, at that facility, conveyance or other place.
conveyance
“conveyance” includes any ship, train, vehicle and aircraft and any other means of transport by which persons or goods can be carried;
Where the facility, conveyance or other place is unoccupied, the seizing officer shall whenever possible post a list of the things seized conspicuously at that facility, conveyance or other place.