Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1)

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Legislation au F2012L02423 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 292

 

Issued by the Authority of the Minister for Foreign Affairs

 

Subject: Nuclear Non-Proliferation (Safeguards) Act 1987

 

 Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1)

 

The Nuclear Non-Proliferation (Safeguards) Act 1987 (the Safeguards Act) gives effect to certain obligations that Australia has under international agreements on the peaceful use of nuclear material and facilities, including all of Australia’s bilateral nuclear cooperation agreements, as well as the Treaty on the Non-Proliferation of Nuclear Weapons, the Convention on the Physical Protection of Nuclear Material (Physical Protection Convention), and Australia’s agreements with the International Atomic Energy Agency.

 

Section 74 of the Safeguards Act provides that the Governor-General may make regulations, not inconsistent with the Safeguards Act, prescribing matters required or permitted by the Safeguards Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Safeguards Act. In addition, section 70 of the Safeguards Act provides that powers, duties, functions or discretions under the Safeguards Act are to be exercised in accordance with specified international agreements identified in the Safeguards Act, or prescribed in regulations.

 

The regulations currently list relevant agreements for the purposes of the Safeguards Act. The purpose of the Regulation is to update the list of such international agreements. The amendments would amend the Nuclear Non-Proliferation (Safeguards) Regulations 1987 by adding the following agreements to the list of prescribed international agreements:

 

  • The Agreement between the Government of Australia and the Government of the Russian Federation on Cooperation in the Use of Nuclear Energy for Peaceful Purposes, which entered into force on 11 November 2010.

 

  • The Agreement between the Government of Australia and the Government of the United States of America concerning Peaceful Uses of Nuclear Energy, which entered into force on 22 December 2010.

 

  • The Agreement between the Government of Australia and the European Atomic Energy Community (EURATOM) for Co-operation in the Peaceful Uses of Nuclear Energy, which entered into force on 1 January 2012.

 

The 1990 Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics Concerning the Peaceful Uses of Nuclear Energy, which was terminated upon the entry into force of the 2010 nuclear cooperation agreement with the Russian Federation, will be omitted in the Regulation.

 

Details of the Regulation are set out in the Attachment.

 

The Safeguards Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

 

The Regulation would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation would commence on the day after it is registered in the Federal Register of Legislative Instruments.

 

Authority: Section 74 for the Nuclear Non-Proliferation (Safeguards) Act 1987


Attachment

 

Details of the Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1)

 

Regulation 1 – Name of Regulation

 

This Regulation is the Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1).

 

Regulation 2 – Commencement

 

This Regulation commences on the day after it is registered.

 

Regulation 3 – Amendment of Nuclear Non-Proliferation (Safeguards) Regulations 1987

 

This Regulation provides that the Nuclear Non-Proliferation (Safeguards) Regulations 1987 (the Principal Regulation) is amended as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Schedule 1, item 8

 

This item would amend Schedule 1 to the Principal Regulation by omitting Australia’s 1990 nuclear agreement with the Union of Soviet Socialist Republics concerning Peaceful Uses of Nuclear Energy.

 

Item [2] – Schedule 1, after item 21

 

This item would amend Schedule 1 to the Principal Regulation by inserting three new items after item 21. The purpose is to add, in accordance with section 4 of the Act, the following as prescribed international agreements:

 

(a)                Agreement between the Government of Australia and the Government of the Russian Federation on Cooperation in the Use of Nuclear Energy for Peaceful Purposes (7 September 2007)

 

(b)               Agreement between the Government of Australia and the Government of the United States of America concerning Peaceful Uses of Nuclear Energy (4 May 2010)

 

(c)                Agreement between the Government of Australia and the European Atomic Energy Community (EURATOM) for Co-operation in the Peaceful Uses of Nuclear Energy (5 September 2012)

Overview

The Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1) was introduced to update the list of international agreements listed in the Nuclear Non-Proliferation (Safeguards) Regulations 1987, which were made under the Nuclear Non-Proliferation (Safeguards) Act 1987. The 1987 Act provides effect to Australia's obligations under various international agreements regarding the peaceful use of nuclear material and facilities. This amendment was issued by the Minister for Foreign Affairs under section 74 of the Safeguards Act, which allows the Governor-General to make regulations necessary to carry out or give effect to the Safeguards Act. The policy objective of these amendments is to ensure that Australia's obligations under international agreements are accurately reflected and up-to-date, facilitating the proper implementation of safeguards related to the non-proliferation of nuclear weapons.

Scope and Application

The Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1) amends the Nuclear Non-Proliferation (Safeguards) Regulations 1987 by updating the list of international agreements that are prescribed for the purposes of the Nuclear Non-Proliferation (Safeguards) Act 1987. This Act applies to individuals and entities involved in the peaceful use of nuclear material and facilities in Australia, and it seeks to ensure compliance with international agreements that govern the non-proliferation of nuclear weapons. The regulation is applicable across the Commonwealth of Australia and is necessary to reflect the current international landscape, including the replacement of the 1990 agreement with the former Union of Soviet Socialist Republics with more recent agreements with Russia, the United States, and EURATOM. The regulation does not specify any exclusions, exemptions, or thresholds. The authority to make these regulations stems from section 74 of the Safeguards Act, which allows for the creation of regulations to carry out or give effect to the Act, provided they are not inconsistent with it. The regulation is a legislative instrument under the Legislative Instruments Act 2003 and will come into effect on the day after it is registered in the Federal Register of Legislative Instruments.

Key Provisions

The Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1) updates the list of international agreements that the Nuclear Non-Proliferation (Safeguards) Act 1987 (Safeguards Act) applies to. These amendments are made under section 74 of the Safeguards Act, which allows the Governor-General to make regulations to ensure the Act is implemented effectively. The main changes in this regulation are the addition of three new international agreements (Regulation 3) and the removal of an outdated agreement (Schedule 1, item 8). The obligations and requirements imposed by the Safeguards Act, as updated by this regulation, involve adhering to the terms of the listed international agreements. These agreements are crucial in governing the peaceful use of nuclear energy and materials, ensuring compliance with international standards and Australia's commitments under the Treaty on the Non-Proliferation of Nuclear Weapons, the Convention on the Physical Protection of Nuclear Material, and agreements with the International Atomic Energy Agency. The parties involved must ensure that their activities align with these agreements to avoid any violations of the Act. Any breaches of the Safeguards Act or the amended regulations can lead to significant consequences. Under the Safeguards Act, there are provisions for both civil and criminal penalties. Civil penalties can include substantial fines, which can be imposed for various infractions such as failure to comply with safeguards measures or providing false information. Criminal offences, on the other hand, can result in imprisonment, with the severity of the penalty depending on the nature and extent of the offence. The specific penalties are not detailed in the explanatory statement, but they can be severe, reflecting the importance of nuclear non-proliferation and safeguards.

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