EXPLANATORY STATEMENT
Issued by authority of the Minister of State for Primary Industries and Energy
Statutory Rule No 260
Subject - Nuclear Non-Proliferation (Safeguards) Act 1987
Nuclear Non-Proliferation (Safeguards) Regulations (Amendments)
Section 74 of the Nuclear Non-Proliferation (Safeguards) Act 1987 (No 8 of 1987, assented to on 17 March 1987) (the Act) provides that the Governor-General may make regulations for the purposes of the Act. The Act came into force on 31 March 1987 with the exception of Division 2 of Part III, which has been proclaimed to come into force on 28 October 1987, and sections 23 to 26. which are still to be proclaimed. Notice that the Nuclear Non-Proliferation (Safeguards) Regulations (the principal regulations) had been made was given in the Gazette on Wednesday 13 May 1987.
The principal regulations were made pursuant to paragraph 9(c), subsection 20(2) and paragraph 29(2)(b) of the Act. The regulations exempt certain nuclear material from control provisions, prescribe the form of certain Gazette notices and prescribe time limits for giving notice of intention to construct or modify a nuclear facility.
Section 23 of the Act makes possession of nuclear material and associated items without a permit an offence. Section 24 outlines special provisions for carriers in relation to an offence under Section 23. Pursuant to paragraph 24(1)(b), proposed regulation 4A prescribes the quantities of nuclear material and the associated items which may be transported by a carrier without a transport permit. The purpose of the
regulation is to allow carriers to transport certain nuclear materials and associated items in common use and of no nuclear proliferation significance without being guilty of an offence under the Act.
The proposed regulation 4A should come into force with the proclamation of sections 23 to 26 of the Act, intended to be proclaimed next year. Accordingly it is made under section 4 of the Acts Interpretation Act which permits the making of regulations before the commencement of the relevant provisions of an Act. The proposed regulation will take effect when the relevant provisions of the Act are proclaimed.
Regulation 3 exempts nuclear material that is of no proliferation significance and is not subject to safeguards under Australia’s safeguards agreement with the International Atomic Energy Agency or any of Australia’s safeguards agreements with other countries. The proposed amendment to regulation 3 exempts small amounts of prescribed alloys in industrial or laboratory use from the requirement to have a permit.
Overview
The Nuclear Non-Proliferation (Safeguards) Act 1987 was enacted by the Parliament of Australia to address the problem of preventing the spread of nuclear weapons and promoting peaceful uses of nuclear energy. This legislation is crucial in ensuring Australia's compliance with international non-proliferation obligations, particularly under the Treaty on the Non-Proliferation of Nuclear Weapons. The Act establishes a regulatory framework to control nuclear material and associated items, aiming to prevent their use for non-peaceful purposes. The Nuclear Non-Proliferation (Safeguards) Regulations, which were amended in 1996, provide detailed provisions for the implementation of the Act, including the exemption of certain nuclear materials from control provisions and the prescription of notice requirements for nuclear facility modifications. The policy objective of these regulations is to balance the need for stringent safeguards with the practicalities of industrial and laboratory use of nuclear materials.
Scope and Application
The Nuclear Non-Proliferation (Safeguards) Act 1987 applies to individuals, entities, and industries involved in the possession, transport, and use of nuclear material within Australia. This encompasses all activities and transactions related to nuclear materials, ensuring they are regulated to prevent their use in nuclear proliferation. The Act’s jurisdiction extends nationally, applying to all states and territories within Australia, with its primary enforcement mechanism being the issuance of permits for the handling of nuclear materials. However, certain types of nuclear materials that are deemed to pose no risk of proliferation are exempt from these controls. Additionally, the Act allows for the creation of subsidiary regulations to further define and refine the application of its provisions, as evidenced by the proposed amendments to the Nuclear Non-Proliferation (Safeguards) Regulations, which seek to specify the quantities of nuclear materials that may be transported without a permit and to exempt small amounts of specific alloys used in industry and laboratories. These amendments are designed to streamline compliance while maintaining stringent safeguards against the misuse of nuclear materials.
Key Provisions
The Nuclear Non-Proliferation (Safeguards) Regulations (Amendments) introduce significant changes to the Nuclear Non-Proliferation (Safeguards) Act 1987. Section 23 of the Act, which currently makes possession of nuclear material and associated items without a permit an offence, will be enforced through the new regulation 4A. This regulation specifies the quantities of nuclear material and associated items that can be transported by carriers without a transport permit, thereby exempting certain commonly used materials of no nuclear proliferation significance from the permit requirement (s. 23).
The amendments also impose specific obligations on carriers and other entities involved in the transport and possession of nuclear materials. For example, carriers must comply with the new transport permit regulations outlined in proposed regulation 4A to avoid committing an offence under the Act (s. 24). Furthermore, regulation 3 exempts nuclear material that is of no proliferation significance and not subject to safeguards agreements from the permit requirement. The amendment to this regulation further exempts small amounts of prescribed alloys in industrial or laboratory use, provided they meet certain criteria (reg. 3).
Failure to comply with the provisions of the Act and the accompanying regulations can result in significant consequences. Possession of nuclear material without a permit under section 23 is an offence, with potential penalties that may include fines and imprisonment (s. 23). The regulations also detail the specific quantities of nuclear material that can be transported without a permit to prevent unauthorised possession and transport. Any breach of these regulations may lead to enforcement actions, including fines or other penalties as specified in the Act (reg. 4A). Additionally, any failure to adhere to the exemptions outlined in regulation 3 or its amendment could result in the revocation of the exemption and subsequent enforcement actions against the offending party.