Atomic Energy Amendment Act 1987

Legislation au C2004A03414 Not in force Act

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Atomic Energy Amendment Act 1987

No. 5 of 1987

 

 

An Act to amend the Atomic Energy Act 1953

[Assented to 13 March 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Atomic Energy Amendment Act 1987.

(2) The Atomic Energy Act 19531 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which the Australian Nuclear Science and Technology Organisation Act 1987 comes into operation.

Repeal

3. Section 4 of the Principal Act is repealed.


Interpretation

4. Section 5 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “Advisory Committee”;

(b) by inserting in that sub-section, after the definition of “Australia” the following definition:

“ ‘Commission’ means the Australian Atomic Energy Commission that was constituted under this Act before the enactment of the Australian Nuclear Science and Technology Organisation Act 1987;”;

(c) by omitting from that sub-section the definitions of “Commonwealth officer”, “constable”, “contractor”, “restricted information”, “securities” and “the Commission”; and

(d) by omitting sub-sections (2), (3), (5) and (6).

5. Sections 6 and 7 of the Principal Act are repealed and the following sections are substituted:

Act to bind Crown

“6. This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory but nothing in this Act renders the Crown liable to be prosecuted for an offence.

Extension to external Territories

“7. This Act extends to every external Territory.”.

Repeal of Part II

6. Part II of the Principal Act is repealed.

Heading

7. The heading to Part III of the Principal Act is repealed.

8. Section 34 of the Principal Act is repealed and the following section is substituted:

Exercise of powers

“34. The powers conferred by this Act may be exercised only—

(a) for purposes related to trade or commerce with other countries;

(b) for purposes related to trade or commerce among the States, between a State and a Territory or between 2 Territories;

(c) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, the Ranger Project Area;

(d) in relation to substances situated in or recovered from, or things done or proposed to be done in or in connection with, a Territory; or


(e) for other purposes of the Commonwealth not being purposes related to the defence of the Commonwealth.”.

Heading

9. Before section 35 of the Principal Act the following heading is inserted:

“PART II—TITLE TO AND INFORMATION CONCERNING PRESCRIBED SUBSTANCES”.

Notification of discovery of prescribed substance

10. Section 36 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) A person who, without reasonable excuse, fails to comply with sub-section (1) is guilty of an offence punishable on conviction by a fine not exceeding—

(a) in the case of a natural person—$2,000; or

(b) in the case of a body corporate—$10,000.”.

Power to obtain information

11. Section 37 of the Principal Act is amended by adding at the end the following sub-section:

“(2) A person who refuses or fails, without reasonable excuse, to comply with a notice served on the person under sub-section (1) is guilty of an offence punishable on conviction by a fine not exceeding—

(a) in the case of a natural person—$2,000; or

(b) in the case of a body corporate—$10,000.”.

Repeal

12. Sections 38, 39 and 40 of the Principal Act are repealed.

Heading

13. Before section 41 of the Principal Act the following heading is inserted:

“PART III—THE RANGER PROJECT”.

Authority to mine prescribed substances on behalf of, or in association with, the Commonwealth

14. Section 41 of the Principal Act is amended—

(a) by omitting from sub-section (1) “Subject to sub-section (2b), where” and substituting “Where”;

(b) by inserting “in the Ranger Project Area” after “land” (first occurring) in sub-section (1); and

(c) by omitting sub-section (2b).


15. After section 41c of the Principal Act the following section is inserted:

Offences

“41d. (1) A person shall not refuse or fail to comply with a condition or restriction subject to which an authority has (whether before or after the commencement of this section) been conferred on the person under this Part.

Penalty:

(a) in the case of a natural person—$2,000; or

(b) in the case of a body corporate—$10,000.

“(2) Except with the consent of the person in possession of the land or pursuant to a right or power conferred by law, a person shall not enter or be upon land of which another person is in possession under this Part.

Penalty for a contravention of this sub-section: $1,000.”.

Compensation

16. Section 42 of the Principal Act is amended—

(a) by inserting in paragraph (a) “Part II or” before “this Part”; and

(b) by omitting from paragraph (b) “39, 40 or”.

Repeal

17. Section 43 of the Principal Act is repealed.

Repeal of Part IV

18. Part IV of the Principal Act is repealed.

Repeal

19. Sections 60, 62, 63 and 64 of the Principal Act are repealed.

20. Section 65 of the Principal Act is repealed and the following section is substituted:

Regulations

“65. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters—

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.”.

Schedule

21. The Schedule to the Principal Act is repealed.

 

 

NOTE

1. No. 31, 1953, as amended. For previous amendments, see No. 1, 1958; No. 93, 1966; Nos. 131 and 216, 1973; No. 91, 1976; Nos. 31, 36 and 182, 1978; Nos. 44 and 155, 1979; Nos. 9, 70 and 119, 1980; No. 61, 1981; No. 63, 1984; and No. 65, 1985.


[Minister’s second reading speech made in—

Senate on 6 November 1985

House of Representatives on 19 February 1987]

Overview

The Atomic Energy Amendment Act 1987 (No. 5 of 1987) was enacted to amend the Atomic Energy Act 1953, addressing the need for updates and adjustments in the regulatory framework governing atomic energy activities in Australia. This Act was enacted by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, to ensure the continued safe and effective use of atomic energy. The primary objective of the Act is to align the legislative provisions with the establishment of the Australian Nuclear Science and Technology Organisation, as reflected in the Australian Nuclear Science and Technology Organisation Act 1987. The Act includes repeals and amendments to sections of the Atomic Energy Act 1953, primarily focusing on redefining terms, restricting the exercise of powers, and clarifying the authority to mine prescribed substances in specific project areas, alongside setting penalties for non-compliance with the Act’s provisions.

Scope and Application

The Atomic Energy Amendment Act 1987 amends the Atomic Energy Act 1953 to update the legislative framework governing the use and regulation of atomic energy in Australia. This Act applies to the Crown in right of the Commonwealth, each of the States, and the Northern Territory, as well as extending to every external Territory of Australia. It repeals certain sections of the Principal Act, modifies definitions, and alters the scope of powers and authorities previously granted. Notably, it removes the definition of several terms such as "contractor" and "restricted information," while adding a definition for "Commission." The Act also introduces new offences and penalties for non-compliance with specific duties, such as the notification of the discovery of prescribed substances and the refusal to comply with information requests. Additionally, it refines the exercise of powers related to atomic energy to be within specific purposes, including trade, commerce, and the Ranger Project Area. The Act allows for the making of regulations to further detail or implement its provisions, ensuring a comprehensive and adaptable regulatory environment for atomic energy activities in Australia.

Key Provisions

The Atomic Energy Amendment Act 1987 (C2004A03414) amends the Atomic Energy Act 1953 (Principal Act) in several key ways. Firstly, it alters the definitions and scope of certain terms within the Principal Act, particularly by defining "Commission" and by amending the exercise of powers under the Act (sections 4 and 34). The Act also removes previous sections and definitions that are no longer relevant, such as the definitions of "Advisory Committee," "Commonwealth officer," and others (section 4). Furthermore, it removes Part II of the Principal Act and modifies the headings and sections of Parts II and III to better reflect the current legislative framework (sections 6, 7, 8, 9, 13, 18). The Act imposes several obligations on parties and entities governed by it. Most notably, it mandates that powers under the Act can only be exercised for specific purposes, including trade or commerce, activities related to the Ranger Project Area, and other Commonwealth purposes excluding defence (section 34). Additionally, it requires individuals or entities to notify the relevant authorities upon discovering a prescribed substance, with failure to do so being an offence (section 10). The Act also allows the authorities to obtain information concerning prescribed substances, with non-compliance being an offence (section 11). The Atomic Energy Amendment Act 1987 introduces penalties for non-compliance with certain provisions. Failure to notify the discovery of a prescribed substance without reasonable excuse is punishable by a fine of up to $2,000 for natural persons and $10,000 for bodies corporate (section 10(1a)). Similarly, refusal or failure to comply with a notice to provide information about prescribed substances is also subject to fines of up to $2,000 for natural persons and $10,000 for bodies corporate (section 11(2)). Additionally, the Act imposes fines of up to $2,000 for natural persons and $10,000 for bodies corporate for refusing or failing to comply with conditions or restrictions of an authority granted under the Act (section 41d(1)). Furthermore, unauthorised entry onto land under the Act is punishable by a fine of $1,000 (section 41d(2)). These penalties underscore the importance of compliance with the regulatory framework established by the Act.

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Energy Law
Instrument
Act
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Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.