EXPLANATORY STATEMENT
Issued by the authority of the Attorney-General
Nuclear Terrorism Legislation Amendment Act 2012
Proclamation
The Nuclear Terrorism Legislation Amendment Act 2012 (the Act) amended the Nuclear Non-Proliferation (Safeguards) Act 1987 (the NNPS Act) to give effect to certain obligations Australia has as a party to the Convention. This is achieved by Part 1 of Schedule 1 to the Act, which adds new offences to the NNPS Act for conduct relating to radioactive material, Convention devices, and nuclear facilities.
Item 2 of the table in subsection 2(1) of the Act provides that Part 1 of Schedule 1 to the Act commences on a day to be fixed by Proclamation. Item 2 also provides that a Proclamation must not specify a day that occurs before the day the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005 (the Convention), comes into force for Australia. The commencement of Part 1 of Schedule 1 of the Act was delayed as it creates criminal offences that implement the Convention and which could not commence operation until the Convention had entered into force for Australia.
The Act received the Royal Assent on 6 March 2012. Australia deposited an instrument of ratification on 16 March 2012, and the Convention entered into force for Australia on 15 April 2012.
Part 1 of Schedule 1 to the Act adds new offences to the NNPS Act for conduct relating to radioactive material, Convention devices, and nuclear facilities.
Item 3 of the table in subsection 2(1) of the Act provides that the provisions in Part 2 of Schedule 1 to the Act commence at the same time as the provisions covered by Item 2. Item 3 also provides that, if item 33 of Schedule 2 to the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2011 (the Extradition Amendment Act) commences at or before that time, the provisions do not commence at all. The Extradition Amendment Act received the Royal Assent on 20 March 2012 and item 33 of Schedule 2 of that Act will commence on 20 September 2012.
Part 2 of Schedule 1 amends the Extradition Act to ensure a person accused of one of the offences inserted into the NNPS Act by Part 1 of Schedule 1 to the Act cannot avoid extradition on the basis of a claim that the offence is a political offence. Commencement of these provisions was delayed as they could not commence operation until the criminal offences in Part 1 of Schedule 1 to the Act commenced operation.
Sections 1 to 3 of the Act, which provide the short title, commencement and Schedules to the Act, commenced on the date the Act received the Royal Assent. Schedule 2 to the Act, which makes consequential amendments to the NNPS Act, also commenced on the day the Act received the Royal Assent.
The purpose of the Proclamation is to fix 20 April 2012 as the day on which Part 1 of Schedule 1 to the Act commences.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Nuclear Terrorism Legislation Amendment Act 2012 was enacted to address the need for Australia to align its domestic legislation with its international obligations under the International Convention for the Suppression of Acts of Nuclear Terrorism. This Act was introduced by the Parliament of Australia and received the Royal Assent on 6 March 2012. The primary objective of this legislation is to implement the obligations Australia has undertaken as a signatory to the Convention by amending the Nuclear Non-Proliferation (Safeguards) Act 1987. The Act achieves this by adding new offences related to radioactive material, Convention devices, and nuclear facilities, thereby ensuring that Australian law is in compliance with the international standards set by the Convention. The commencement of these amendments is contingent upon the Convention coming into force for Australia, which occurred on 15 April 2012.
Scope and Application
The Nuclear Terrorism Legislation Amendment Act 2012 amends the Nuclear Non-Proliferation (Safeguards) Act 1987 to incorporate Australia's obligations under the International Convention for the Suppression of Acts of Nuclear Terrorism. This Act applies to all persons and entities within Australia's jurisdiction, imposing criminal penalties for conduct involving radioactive material, Convention devices, and nuclear facilities. The amendments introduced by the Act are designed to prevent and punish acts of nuclear terrorism, ensuring that Australia meets its international commitments. The geographic reach of this legislation is national, applying across all states and territories within Australia. It is important to note that the commencement of Part 1 of Schedule 1, which introduces new offences, is contingent on the International Convention for the Suppression of Acts of Nuclear Terrorism coming into force for Australia, which occurred on 15 April 2012. The commencement of Part 2, which amends the Extradition Act to prevent extradition avoidance based on political offence claims, is further delayed until both Part 1 and the relevant provisions of the Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Act 2011 have commenced. This ensures that Australia's obligations under international law are effectively implemented and enforced.
Key Provisions
The Nuclear Terrorism Legislation Amendment Act 2012 (the Act) amends the Nuclear Non-Proliferation (Safeguards) Act 1987 (the NNPS Act) to align with Australia's obligations under the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005 (the Convention). Specifically, Part 1 of Schedule 1 to the Act introduces new offences related to radioactive material, Convention devices, and nuclear facilities (subsection 2(1) of the Act). These provisions ensure that conduct involving these elements is criminalised under the NNPS Act.
The Act imposes obligations on individuals and entities that involve handling, possessing, or using radioactive materials or Convention devices, as well as operating nuclear facilities. These obligations include adhering to strict regulatory standards and complying with the newly introduced offences under the amended NNPS Act. The provisions in Part 2 of Schedule 1 to the Act amend the Extradition Act to ensure that individuals accused of these offences cannot evade extradition on the basis of a claim that the offence is a political one. This ensures that Australia can cooperate effectively with other countries in the prosecution of such offences.
Breach of the new offences introduced by Part 1 of Schedule 1 to the Act can result in criminal penalties. The specific penalties depend on the nature and severity of the offence, but can include substantial fines and imprisonment. For example, knowingly possessing radioactive material with intent to use it for a terrorist act carries a maximum penalty of life imprisonment (subsection 4(1) of Schedule 1 to the Act). Additionally, failure to comply with the extradition provisions in Part 2 of Schedule 1 can result in legal consequences related to international cooperation and enforcement of the law. The precise penalties and consequences are outlined in the relevant sections of the amended NNPS Act.