NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 18 Authority to communicate information

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 18

  (1)   Subject to subsection   ( 2), the Minister may, in writing, authorise a person to communicate to another person information of a kind referred to in the definition of associated technology in subsection   4(1).

  (2)   The Minister shall not grant an authority under subsection   ( 1) unless the Director has included in the report made by the Director, pursuant to paragraph   17(2)(b), in relation to the application for the grant of the authority a statement to the effect that the Director is satisfied that the person applying for the grant of the authority has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph   17(2)(a).

  (3)   An authority under subsection   ( 1) is granted subject to such restrictions and conditions as the Minister specifies in the authority.

  (4)   Without limiting the generality of subsection   ( 3), an authority under subsection   ( 1) may be granted subject to restrictions and conditions in respect of:

  (a)   the information, or the class of information, in relation to which the authority is to have effect;

  (b)   the persons, or class of persons, to whom information may be communicated;

  (c)   the period for which the authority is to have effect; and

  (d)   conditions as to the giving of notice of, and the obtaining of consents for, the communication of information.

  (5)   An authority 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   ( 3) of this section, imposing a condition or restriction on the grant of an authority, for review of the decision.

  (6)   A failure to comply with the requirements of subsection   ( 5) in relation to a decision shall not be taken to affect the validity of the decision.

  (7)   Subject to subsection   22(1), the Minister may, in writing, vary an authority granted under subsection   ( 1).

  (8)   A variation of an authority pursuant to subsection   ( 7) takes effect on the day on which notice of the variation is given to the holder of the authority under subsection   22(1) or such later day as is specified in the instrument of variation.