NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - NOTES

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - NOTES

No. 8, 1987

Compilation No. 20

Compilation date:    8 May 2016

Includes amendments up to: Act No. 4, 2016

Registered:    20 October 2016

This compilation includes commenced amendments made by Act No. 50, 2007

About this compilation

This compilation

This is a compilation of the Nuclear Non-Proliferation (Safeguards) Act 1987 that shows the text of the law as amended and in force on 8 May 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part I--Preliminary

1 Short title

2 Commencement

3 Objects of Act

4 Interpretation

4A Supplementary Agency Agreements

5 Conduct by directors, employees or agents

6 Act to extend to external Territories

7 Act binds the Crown

8 Application of Act (other than Division 2A of Part III)

8A Application of the Criminal Code

Part II--Control of nuclear material, associated items and related facilities

9 Nuclear material to which this Part applies

10 Associated items to which this Part applies

11 Exemption and termination declarations

12 Application for permit

13 Permit to possess nuclear material or associated items

14 Permit not to be granted to owner or operator of nuclear facility unless Director satisfied as to certain matters

15 Permit not to be granted where nuclear material etc. to be held outside nuclear facility unless Director satisfied as to certain matters

16 Special transport permit

16A Permit to establish facility

16B Permit to decommission facility

17 Application for authority to communicate information

18 Authority to communicate information

19 Revocation of permit or authority

20 Notification of grant, variation or revocation of permit or authority

21 Effect of grant of permit or authority

22 Review of decisions

Part III--Offences

Division 1--General offences

23 Possession of nuclear material or associated item without permit

24 Special provisions for carriers

25 Breach of condition of permit or authority etc.

25A Breach of duty to ensure security of associated technology

26 Unauthorised communication of information

26A Communication prejudicing security of nuclear material or associated item

27 Minister to be given certain notices in respect of exempt nuclear material

28 Interference with containment or surveillance devices

28A Establishment of facility without permit

29 Information in relation to design for modification of nuclear facility

29A Decommissioning of facility without permit

30 False or misleading statements etc.

31 Obstruction of Agency inspector

31A Unauthorised access to areas etc. to which access is restricted under permit

Division 2--Offences relating to the Physical Protection Convention

32 Definitions

33 Stealing nuclear material

34 Demanding nuclear material by threats etc.

34A Carrying, sending or moving nuclear material

35 Use of nuclear material causing death or injury to persons or damage to property or the environment

35A Acts against nuclear facilities etc.

36 Threat to use nuclear material

37 Threat to commit offence

38 Extension of application of offence provisions

Division 2A--Offences relating to nuclear terrorism

38A ADF members not liable for prosecution

38B Definitions

38C Possessing radioactive material or Convention device, or making Convention device

38D Using radioactive material, or using or damaging Convention device or nuclear facility

38E Threats and demands

38F Jurisdictional requirement

38G Double jeopardy and foreign offences

38H Attorney-General's consent needed to bring proceedings for offence under this Division

38J Evidentiary certificates

Division 3--Miscellaneous

39 Forfeiture

40 Hearing in camera etc.

41 Register of Permit and Authority Holders to be evidence of certain matters

Part IV--Administration

Division 1--Director of Safeguards

42 Director of Safeguards

43 Functions of Director

44 Directions of Minister

45 Remuneration and allowances

46 Leave of absence

47 Resignation

48 Termination of appointment

49 Disclosure of interests

50 Acting Director

51 Annual report by Director

52 Additional reports

53 Delegation by Director

Division 2--Australian Safeguards Office

54 Australian Safeguards Office

55 Staff

56 Engagements of consultants etc.

Division 3--Inspectors and Agency inspectors

57 Inspectors and Agency inspectors

58 Identity cards

Division 4--Inspections, searches and seizures

59 Safeguards inspections by inspectors

60 Safeguards inspections by Agency inspectors

61 Offence-related searches and seizures

62 Warrants may be granted by telephone

63 Emergency searches and seizures

64 Inspectors and Agency inspectors to produce evidence of identity

65 Persons to assist inspectors

66 Inspector may require information etc.

67 Seizure of nuclear material etc. where required by prescribed international agreement

Division 5--Miscellaneous

68 Compliance with conditions etc.

69 Register of Permit and Authority Holders to be kept

Part IVA--Charges

69A Charge--producers of uranium ore concentrates

69B Extension of time to pay

69C Payment by instalments

Part V--Miscellaneous

70 Powers to be exercised in accordance with international agreements

71 Reports etc. to be confidential

72 Delegation by Minister

73 Orders and directions

74 Regulations

Schedule 1--Article XX of the Statute of the International Atomic Energy Agency

Definitions

Schedule 2--Treaty on the Non-Proliferation of Nuclear Weapons

Schedule 3--Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non -Proliferation of Nuclear Weapons

Schedule 4--Convention on the physical protection of nuclear material

Schedule 5--Prescribed international agreements

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history