EXPLANATORY STATEMENT
Issued by authority of the Minister of State for Primary Industries and Energy
Statutory Rule No 258
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 to safeguard Australia's nuclear material and prevent its proliferation, thereby supporting international non-proliferation efforts and ensuring that Australia complies with its obligations under international treaties and agreements such as the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). This Act was passed by the Australian Parliament and aims to ensure that Australia's nuclear material is not diverted for nuclear weapons and other nuclear explosive devices. The Act provides a legislative framework for regulating the production, use, storage, and transport of nuclear material within Australia, and it allows for the implementation of safeguards through regulations and agreements with international bodies like the International Atomic Energy Agency (IAEA). The Nuclear Non-Proliferation (Safeguards) Regulations (Amendments) are an integral part of this legislative framework, as they provide further detail and specificity to the provisions of the Act, particularly in relation to the control of nuclear material and the licensing regime for nuclear activities.
Scope and Application
The Nuclear Non-Proliferation (Safeguards) Act 1987 applies to individuals, entities, and activities within Australia that involve nuclear material, ensuring compliance with international non-proliferation obligations. The Act primarily governs the possession, transport, and use of nuclear material, with certain provisions yet to be proclaimed. The Act's jurisdictional reach extends across the Commonwealth of Australia, and it applies to all entities, including individuals, corporations, and government bodies, involved in activities that could impact nuclear non-proliferation. Certain nuclear materials and associated items are exempted from the permit requirements if they are deemed to be of no proliferation significance or if they are used in small amounts for industrial or laboratory purposes, as specified in the regulations. The Act's scope can be further refined through subordinate instruments, such as the Nuclear Non-Proliferation (Safeguards) Regulations, which have been amended to adjust the categories of exempted materials and to prescribe specific conditions for the transport of nuclear materials by carriers.
Key Provisions
The Nuclear Non-Proliferation (Safeguards) Act 1987 (the Act) includes key operative sections that address the control and regulation of nuclear material. Section 23 (2) makes it an offence to possess nuclear material and associated items without a permit. Section 24 (1)(b) provides special provisions for carriers, detailing the quantities of nuclear material and associated items that may be transported without a permit. Proposed regulation 4A, which is intended to come into force with the proclamation of sections 23 to 26 of the Act, prescribes the permissible quantities for transport by carriers. Regulation 3 exempts certain nuclear materials from permit requirements if they are of no proliferation significance and not subject to safeguards under Australia’s agreements with the International Atomic Energy Agency or other countries.
The Act imposes several obligations and requirements on parties and entities. Permit requirements for possession and transport of nuclear material ensure that only authorised individuals and entities can handle such materials. Carriers must adhere to the prescribed limits set out in regulation 4A to avoid committing an offence. Additionally, entities using nuclear materials must ensure that their use is exempt under regulation 3 or hold the appropriate permits. The Act also mandates the submission of notifications, such as those required for the construction or modification of nuclear facilities, within specified timeframes.
Breaches of the Act result in civil and criminal penalties. Section 23 makes it an offence to possess nuclear material and associated items without a permit, with potential penalties not explicitly stated in the provided text. Furthermore, carriers who transport nuclear materials without the required permits contravene regulation 4A, potentially leading to legal consequences. While the specific penalties for these offences are not detailed in the provided excerpt, breaches of the Act generally attract significant fines and possible imprisonment, reflecting the serious nature of nuclear non-proliferation and safety.