NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 13 Permit to possess nuclear material or associated items

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 13

  (1)   Subject to sections   14 and 15, the Minister may, in writing, grant to a person a permit to possess:

  (a)   nuclear material; or

  (b)   an associated item;

to which this Part applies.

  (2)   A permit under subsection   ( 1) is granted subject to such restrictions and conditions as the Minister specifies in the permit.

  (3)   Without limiting the generality of subsection   ( 2), a permit under subsection   ( 1) may be granted subject to restrictions and conditions in respect of one or more of the following :

  (a)   the nuclear material, or the class of nuclear material, or the associated item or items, or the class of associated items, as the case requires, in relation to which the permit is to have effect;

  (b)   the period for which the permit is to have effect;

  (c)   the locations for which the permit is to have effect and the procedures to be followed if nuclear material or an associated item is to be transported from one location to another (including requirements for the giving of notice to the Minister, the Director or any carrier engaged by the holder of the permit);

  (d)   the measures to be taken to ensure the physical security of nuclear material or an associated item;

  (da)   the taking of measures that are consistent with Australia 's obligations under the Physical Protection Convention;

  (e)   the persons, or class of persons, who are to be allowed access to nuclear material or an associated item and the conditions on which access to nuclear material or an associated item is to be allowed;

  (f)   the steps to be taken, and the records to be kept, to account for nuclear material or an associated item;

  (g)   the uses to which nuclear material or an associated item may be put;

  (h)   the enrichment of nuclear material or the reprocessing of irradiated nuclear material;

  (j)   the reports to be furnished, and the inspections to be permitted, in respect of nuclear material or an associated item;

  (k)   the transfer by the holder of the permit to another person of property in, or possession or control of, nuclear material or an associated item;

  (m)   if the permit is a permit to possess associated technology--the communication of the information contained in, or that may be obtained or deduced from, the associated technology;

  (n)   the alteration, dispersal or disposal of nuclear material or an associated item;

  (o)   if nuclear material or an associated item is to be held at a nuclear facility--the provision to the Director of information in order to allow inspectors or Agency inspectors to comply with health and safety procedures applicable at the facility.

  (4)   Without limiting the generality of paragraph   ( 3)(f), a condition of a permit under subsection   ( 1) in respect of the records to be kept to account for nuclear material or an associated item may make provision in relation to:

  (a)   the form and content of such records;

  (b)   the period for which such records are to be kept; and

  (c)   the system of measurement to be used in the preparation of such records.

  (5)   Without limiting the generality of paragraph   ( 3)(j), a condition of a permit under subsection   ( 1) in respect of the reports to be furnished in respect of nuclear material or an associated item may make provision in relation to:

  (a)   the form and content of such reports;

  (b)   special reports to be made in relation to unusual or anomalous incidents or circumstances and the form and contents of such special reports;

  (c)   the time within which such reports and special reports are to be made; and

  (d)   the persons who are to verify or authenticate such reports and special reports.

  (6)   Without limiting the generality of paragraph   ( 3)(j), a condition of a permit under subsection   ( 1) in respect of the inspections to be permitted in respect of nuclear material or an associated item may make provision in relation to inspections by Agency inspectors pursuant to the Agency Agreement or a Supplementary Agency Agreement.

  (7)   Without limiting the generality of subsection   ( 2), a condition in respect of the doing of an act or thing may be imposed by reference to the approval or consent of a specified person being obtained before the act or thing may be done.

  (8)   A permit granted under subsection   ( 1) shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 and to subsection   22(8) of this Act, application may be made to the Administrative Appeals Tribunal, by or on behalf of a person whose interests are affected by a decision by the Minister, pursuant to subsection   ( 2) of this section, imposing a condition or restriction on the grant of a permit, for review of the decision.

  (9)   A failure to comply with the requirements of subsection   ( 8) in relation to a decision shall not be taken to affect the validity of the decision.

  (10)   Subject to subsection   22(1), the Minister may, in writing, vary a permit granted under subsection   ( 1).

  (11)   A variation to a permit under subsection   ( 10) takes effect on the day on which notice of the variation is given to the holder of the permit under subsection   22(1) or such later day as is specified in the instrument of variation.