Nuclear Non-Proliferation (Safeguards)
Amendment Act 1993
No. 33 of 1993
An Act to amend the Nuclear Non-Proliferation
(Safeguards) Act 1987, and for related purposes
[Assented to 20 September 1993]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Nuclear Non-Proliferation (Safeguards) Amendment Act 1993.
(2) In this Act, “Principal Act” means the Nuclear Non-Proliferation (Safeguards) Act 19871.
Commencement
2. This Act commences on 1 November 1993.
Insertion of new Part
3. After Part IV of the Principal Act, the following Part is inserted:
“PART IVA—CHARGES
Charge—producers of uranium ore concentrates
“69A.(1) The charge imposed by section 3 of the Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993 on a person who on 1 November in a financial year holds a permit granted under paragraph 13(1)(a) is payable by the person on 1 December in the financial year.
“(2) The amount of charge payable is:
(a) $500,000; or
(b) if the regulations provide for the payment of a lesser amount prescribed by, or ascertained under, the regulations—that lesser amount.
Extension of time to pay
“69B.(1) If a charge is payable by a person under section 69A, the Director may, if he or she thinks it reasonable in the circumstances, determine in writing that the charge may be paid on a day later than 1 December.
“(2) If the Director makes a determination under subsection (1), the charge is payable on that later day.
Payment by instalments
“69C.(1) If a charge is payable by a person under section 69A, the Director may, if he or she thinks it reasonable in the circumstances, determine in writing that the charge may be paid by instalments.
“(2) Instalments are payable on the days, and in the amounts, specified in, or ascertained under, the determination.
“(3) If an instalment has not been paid on the day on which it is payable, the amount of charge outstanding becomes payable immediately.”.
NOTE
1. No. 8, 1987, as amended. For previous amendments, see No. 99, 1988; and Nos. 83 and 134, 1990.
[Minister’s second reading speech made in—
House of Representatives on 26 May 1993
Senate on 1 September 1993]
Overview
The Nuclear Non-Proliferation (Safeguards) Amendment Act 1993 was enacted by the Parliament of Australia to address specific amendments required to the existing Nuclear Non-Proliferation (Safeguards) Act 1987. This Act introduces modifications to the financial obligations and payment structures for those involved in the production of uranium ore concentrates, aligning with the broader policy objective of ensuring compliance and effective regulation within the nuclear industry. The amendments seek to streamline the process of imposing and paying charges on permit holders, thereby enhancing administrative efficiency and ensuring the timely payment of dues without compromising on the regulatory framework.
Scope and Application
The Nuclear Non-Proliferation (Safeguards) Amendment Act 1993 amends the Nuclear Non-Proliferation (Safeguards) Act 1987, which applies to entities involved in the production and handling of uranium ore concentrates in Australia. Specifically, the 1993 Amendment Act introduces new charges for those who hold permits to produce uranium ore concentrates, effective from 1 November 1993. The Act applies to any person who, on 1 November in any financial year, holds a permit under the Nuclear Non-Proliferation (Safeguards) Act 1987. The charge is payable by 1 December of the financial year, though the Director may extend the due date or allow payment by instalments if deemed reasonable. The Act does not specify exclusions or thresholds but allows for the regulation of lesser amounts through subordinate instruments. Its jurisdiction is national, applying across Australia, and it operates within the overarching framework of the Commonwealth's nuclear non-proliferation safeguards policy.
Key Provisions
The Nuclear Non-Proliferation (Safeguards) Amendment Act 1993 introduces several new provisions to the existing Nuclear Non-Proliferation (Safeguards) Act 1987. The Act primarily focuses on establishing a new charge for producers of uranium ore concentrates and provides mechanisms for the payment of this charge. Specifically, section 69A (subsection 1) of the Act stipulates that a charge is imposed on a person holding a permit for the production of uranium ore concentrates on 1 November in a financial year. This charge is to be paid by 1 December in the same financial year (section 69A(1)). The charge amount is set at $500,000 unless the regulations prescribe a lesser amount (section 69A(2)). Furthermore, section 69B allows the Director to extend the payment deadline if deemed reasonable, while section 69C permits the payment of the charge in instalments, provided the Director determines it to be reasonable.
Under the new Act, obligations are placed upon the producers of uranium ore concentrates, who must ensure compliance with the payment requirements set forth in sections 69A, 69B, and 69C. These obligations include making timely payment of the stipulated charge by the due date, or as extended by the Director if permissible under section 69B. Additionally, if instalment payments are authorised under section 69C, producers must adhere to the specified payment schedule. Failure to comply with these payment obligations could result in the charge becoming immediately payable in full, as outlined in section 69C(3).
In terms of penalties and consequences for non-compliance, the Act does not explicitly detail the repercussions of failing to meet the payment obligations. However, the implications of non-compliance could potentially involve legal actions, as the Act is designed to ensure that safeguards and financial obligations related to nuclear non-proliferation are upheld. Given the nature of the Act, breaches may lead to enforcement actions under the broader framework of the Nuclear Non-Proliferation (Safeguards) Act 1987, which might include fines or other civil remedies to ensure compliance with nuclear safety and non-proliferation objectives.