Order to Establish the Australian Submarine Agency as an Executive Agency

COMMONWEALTH OF AUSTRALIA

Public Service Act 1999

Order to Establish the Australian Submarine Agency as an Executive Agency

I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 65 of the Public Service Act 1999:

(a)   Establish the Australian Submarine Agency as an Executive Agency;

(b)   allocate the name Australian Submarine Agency to the Executive Agency;

(c)   allocate the name Director General to the Head of the Agency;

(d)   identify the Minister for Defence as the Minister responsible for the Executive Agency;

(e)   specify the functions of the Australian Submarine Agency be as follows:

1. Acquiring, constructing, delivering, sustaining and disposing Australia's nuclear-powered submarines;
2. assuming responsibility for the ongoing delivery and sustainment of the Collins class submarine capability when directed by Government;
3. managing and executing trilateral engagement for the nuclear-powered submarine program, with the exception of submarine operations;
4. advising government on strategy, policy and legal advice necessary to deliver nuclear-powered submarines;
5. managing nuclear-powered submarine program strategy, risk, resourcing, schedule, legal issues and budget;
6. ensuring the nuclear-powered submarine program’s alignment with the Department of Defence (Defence), Department of Foreign Affairs and Trade (DFAT) and other Australian national strategies and policies;
7. developing and implementing safeguards arrangements as agreed between Australia and the International Atomic Energy Agency, and with Defence, DFAT and the Australian Safeguards and Non-Proliferation Office;
8. delivering other international agreements and arrangements, working with Defence, DFAT and other agencies, to support the implementation of the nuclear-powered submarine program;
9. setting program and technical requirements and standards across all phases of the capability life-cycle;
10. developing and implementing domestic nuclear policy and legislation to support naval nuclear propulsion, in consultation with Australia’s existing nuclear agencies and DFAT;
11. establishing the necessary governance arrangements, processes and agreements to acquire, construct, deliver, sustain and dispose of nuclear-powered submarines;
12. maintaining technical governance and the development of systems of compliance, including retaining technical authority over the nuclear propulsion plant during operations, including supporting the Chief of Navy’s responsibility to the Chief of the Defence Force as the Seaworthiness Authority and Submarine Operating Authority;
13. gaining and maintaining licenses and authorisations from the nuclear and non-nuclear regulatory bodies to conduct activities; and
14. to undertake other relevant tasks as the responsible Minister for the entity may require from time to time.

  This Order will commence on 1 July 2023.

Dated       27 April 2023

 [SIGNED]

 David Hurley

 Governor-General

By His Excellency’s Command

[SIGNED]

Anthony Albanese

Prime Minister