Order to Establish the Australian Submarine Agency as an Executive Agency

Overview

The Public Service Act 1999 was enacted by the Parliament of Australia to provide a framework for the administration of the public service and to ensure that it is efficient, effective, and accountable. The Act was introduced to address the need for a modern and adaptable public service capable of meeting the evolving demands of the Australian government and its citizens. Under section 65 of the Public Service Act 1999, the Governor-General, on the advice of the Federal Executive Council, established the Australian Submarine Agency as an Executive Agency to specifically manage and execute the nuclear-powered submarine program. The policy objective is to ensure the successful acquisition, construction, delivery, sustainment, and disposal of Australia's nuclear-powered submarines, while maintaining alignment with national strategies and policies and adhering to international agreements and safeguards.

Scope and Application

The Public Service Act 1999, through the Order to Establish the Australian Submarine Agency as an Executive Agency, mandates the creation of the Australian Submarine Agency, designated as an Executive Agency. This legislation applies to the establishment and operational framework of the Australian Submarine Agency, detailing its functions, structure, and governance. The functions of the Agency, as outlined in the Order, include the acquisition, construction, delivery, sustainment, and disposal of Australia's nuclear-powered submarines. Furthermore, the Agency is tasked with managing and executing trilateral engagements for the nuclear-powered submarine program, excluding submarine operations, and advising the government on strategy, policy, and legal matters pertinent to the program. The Minister for Defence is designated as the responsible Minister for the Agency. This Order applies nationally within the Commonwealth of Australia and is effective from 1 July 2023. It sets forth the jurisdictional and functional scope of the Australian Submarine Agency, while the specific operational details and further implementation may be addressed through subordinate instruments or regulations.

Key Provisions

The Public Service Act 1999 establishes the Australian Submarine Agency as an Executive Agency under section 65, effective from 1 July 2023. The agency is tasked with a comprehensive range of functions related to nuclear-powered submarines. These include acquiring, constructing, delivering, sustaining, and disposing of Australia's nuclear-powered submarines (section 65(a)). It also assumes responsibility for the Collins class submarine capability when directed by the government, manages trilateral engagement for the submarine program, and advises the government on necessary strategy, policy, and legal matters (section 65(b)-(e)). Additionally, the agency is responsible for managing program strategy, risk, resourcing, schedule, legal issues, and budget, ensuring alignment with national strategies, and developing and implementing safeguards and domestic nuclear policies (section 65(f)-(j)). The Australian Submarine Agency has several obligations and requirements as outlined in the Act. It must ensure the acquisition, construction, delivery, sustainment, and disposal of nuclear-powered submarines are conducted in accordance with set technical standards and program requirements (section 65(k)). The agency must also develop and implement necessary governance arrangements, processes, and agreements to achieve these objectives (section 65(l)). It is responsible for maintaining technical governance and compliance, including retaining technical authority over the nuclear propulsion plant during operations (section 65(m)). The agency must also obtain and maintain required licenses and authorisations from nuclear and non-nuclear regulatory bodies (section 65(n)). Finally, the agency must undertake any other relevant tasks as directed by the Minister responsible (section 65(o)). Breach of the obligations and requirements set out in the Public Service Act 1999 may lead to various consequences. While the specific offences, penalties, and consequences are not detailed in the provided text, breaches of public service laws generally may result in disciplinary actions against public servants, administrative penalties, or legal actions depending on the nature and severity of the breach. The maximum penalties for breaches can vary widely and are typically determined by the specific provisions of the relevant legislation, administrative guidelines, and judicial decisions. In some cases, criminal charges may be brought against individuals or entities found to have breached the law, leading to fines, imprisonment, or other sanctions as deemed appropriate by the court.