Atomic Energy Act 1973
No. 131 of 1973
AN ACT
To amend the Atomic Energy Act 1953-1966 in relation to the Executive Member of the Atomic Energy Commission.
[Assented to 13 November 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Atomic Energy Act 1973.
(2) The Atomic Energy Act 1953-1966 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Atomic Energy Act 1953-1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Constitution of the Commission.
3. Section 9 of the Principal Act is amended—
(a) by omitting sub-section (1) and substituting the following subsection:—
“(1) The Commission shall consist of a Chairman, a Deputy Chairman and not more than three other members.”; and
(b) by omitting sub-section (4).
Vacation of office.
4. Section 13 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1) the words “the Executive Member of the Commission or”.
Formal amendments.
5. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 5
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used, whether with or without the addition of a letter or letters, to identify a section of that Act or of another Act, and substituting that number expressed in figures:—
Sections 5 (1) (definition of “Advisory Committee”), 38 (3), 43 (a), 47 and 50 (1).
2. The following provisions of the Principal Act are amended by omitting the words “of this Act”, “to this Act” and “of this section” (wherever occurring):—
Sections 5(1) (definition of “Advisory Committee”) and (2), 7(2), 17(4), 38(3), 43(a), 47, 50(1), 52, 56(3), 61(1) and 64(3).
3. The Principal Act is further amended as set out in the following table:—
Provision | Amendment |
Section 35(2)(b)...... | Omit “the eleventh day of September, One thousand nine hundred and forty-six” substitute “11th September, 1946”. |
Section 35(4)........ | Omit “the tenth day of September, One thousand nine hundred and forty-six,”, substitute “10th September, 1946,”. |
The Schedule........ | Omit “THE SCHEDULE”, substitute “SCHEDULE”. |
Overview
The Atomic Energy Act 1973 was enacted to amend the Atomic Energy Act 1953-1966, primarily focusing on the constitutional aspects of the Atomic Energy Commission. This Act was introduced to update the structure of the Commission, ensuring it aligns with contemporary governance requirements. Enacted by the Queen, the Senate, and the House of Representatives of Australia, the Act aims to streamline the Commission's composition and operational efficiency. It replaces the previous Act with the Atomic Energy Act 1953-1973, reflecting its amendments and ensuring continuity in the regulation of atomic energy within Australia. The Act came into operation immediately upon receiving Royal Assent, highlighting the urgency and importance of these reforms.
Scope and Application
The Atomic Energy Act 1973 applies to the Atomic Energy Commission and its members, providing specific amendments to the previously enacted Atomic Energy Act 1953-1966. This Act amends the constitution of the Commission, reducing its composition to a Chairman, a Deputy Chairman, and up to three other members, and removes certain provisions related to the Executive Member of the Commission. The Act applies nationally across Australia as a Commonwealth statute, regulating the governance and operations of the Atomic Energy Commission within the Commonwealth jurisdiction. The Act does not explicitly outline exclusions or exemptions but includes formal amendments to various sections of the Principal Act to refine definitions, references, and specific dates. The application and enforcement of this Act may be further detailed or extended through subordinate instruments, which are not explicitly mentioned in the provided text but are a common feature of legislative frameworks in Australia.
Key Provisions
The Atomic Energy Act 1973 amends the Atomic Energy Act 1953-1966 in relation to the Executive Member of the Atomic Energy Commission. Section 3 of the Act modifies the composition of the Commission, specifying that it shall consist of a Chairman, a Deputy Chairman, and no more than three other members (sections 3(a) and 3(b)). This change streamlines the structure of the Commission by removing the previous requirement for an Executive Member and reducing the total number of members. Section 4 removes the reference to the Executive Member from the circumstances under which a member of the Commission may vacate their office (section 13(1)(a)).
The Act imposes specific obligations on the Atomic Energy Commission regarding its composition and the conditions under which its members may vacate office. The new structure of the Commission, as outlined in section 3, requires that it comprises a Chairman, a Deputy Chairman, and up to three other members. This change in composition may impact the operational dynamics and decision-making processes within the Commission. Additionally, the amendment in section 4 ensures that the conditions for vacating office are now clearly defined without reference to the Executive Member, thereby providing clarity and consistency in the Commission’s governance.
Section 5 of the Act includes formal amendments to the Principal Act, such as converting textual expressions of numbers into numerical figures and removing redundant phrases like “of this Act” and “to this Act” for clarity and consistency. The Schedule further details these formal amendments, ensuring that the legislative language is precise and easily navigable. While the Act does not explicitly outline specific offences or penalties for non-compliance with its provisions, breaches of the amended sections could potentially lead to administrative or legal consequences, as governed by the broader legislative framework within which the Atomic Energy Act operates.