NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 4 Interpretation
NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 4
Interpretation(1) In this Act, unless the contrary intention appears:
"Agency" means the International Atomic Energy Agency established by the Agency Statute.
"Agency Agreement" means the 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, being the Agreement which was signed on behalf of Australia on 10 July 1974, a copy of which is set out in Schedule 3, and:
(a) subject to subsection ( 3), includes that Agreement as amended from time to time; and
(b) subject to section 4A, includes that Agreement as modified from time to time by the Supplementary Agency Agreements.
"Agency inspector" means a person declared, pursuant to subsection 57(2), to be an Agency inspector for the purposes of this Act.
"Agency Statute" means the Statute of the International Atomic Energy Agency, being the Statute which was signed on behalf of Australia on 14 December 1956 and, subject to subsection ( 3), includes that Statute as amended from time to time.
"amendment" , in relation to a document, means an amendment of the text of the document.
"appoint" includes re - appoint.
"approved form" means a form approved by the Minister.
"article" includes document, substance or equipment.
"associated equipment" means equipment or plant that:
(a) is specially designed, manufactured or built for use, or is specially suited (whether with or without modification or adaptation) for use, in:
(ii) the production of nuclear weapons or other nuclear explosive devices; and
(b) is included in a class of equipment or plant that is declared by the Minister, in writing, to be associated equipment for the purposes of this definition;
and includes a component or part of such equipment or plant.
"associated material" means any material (other than nuclear material, associated equipment or associated technology) that:
(a) is of a kind specially suited for use in nuclear activities, the construction of a nuclear reactor or the production of nuclear weapons or other nuclear explosive devices; and
(b) is included in a class of material that is declared by the Minister, in writing, to be associated material for the purposes of this definition.
"associated technology" means any document that contains information (other than information that is lawfully available, whether within Australia or outside Australia and whether for a price or free of charge, to the public or a section of the public):
(a) that is applicable primarily to the design, production, operation, testing or use of:
(A) the enrichment of nuclear material;
(B) the reprocessing of irradiated nuclear material; or
(C) the production of heavy water; or
(ii) nuclear weapons or other nuclear explosive devices; or
(b) to which a prescribed international agreement applies and that is of a kind declared by the Minister, in writing, to be information to which this definition applies;
and includes any photograph, model or other thing from which such information may be obtained or deduced.
(a) an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988 ; or
(b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
(c) an aircraft of any part of the Defence Force (including an aircraft that is being commanded or piloted by a member of that Force in the course of the member's duties as such a member).
"Australian safeguards system" means the system of accounting for and control of nuclear material and associated items that is established by:
(c) orders and directions under section 73.
(a) a ship registered in Australia ; or
(b) an unregistered ship that has Australian nationality.
"authority" means an authority granted under section 18.
(a) a person appointed or engaged under the Public Service Act 1999 ; or
(b) an officer or employee of a prescribed authority of the Commonwealth;
(c) the holder of an office established by a law of the Commonwealth; or
(d) a member of the Defence Force.
"containment device" means a wall, container or other physical barrier, or other device, that is being used, pursuant to a condition of a permit or pursuant to an order or direction under section 73, to prevent, restrict or control the movement of or access to:
(a) nuclear material or an associated item; or
(aa) a nuclear facility; or
(i) the location of nuclear material or an associated item or the quantity of nuclear material or associated material at a particular location; or
(ii) the safeguards aspects of the design or operation of a nuclear facility, containment device or surveillance device.
"Director" means the Director of Safeguards.
"enrich" , in relation to nuclear material, means increase:
(a) the abundance in the material of one isotope of an element in relation to the abundance of another isotope or other isotopes of that element; or
(b) the ratio in the material of one isotope of an element to the total of the isotopes of that element.
"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"identity card" means an identity card issued under section 58.
"Immigration Minister" means the Minister administering the Migration Act 1958 .
"inspector" means a person appointed as an inspector under subsection 57(1).
"international agreement" includes an international treaty or convention.
"international organisation" means:
(a) an organisation of which 2 or more countries, or the Governments of 2 or more countries, are members;
(b) an organisation that is constituted by the representatives of 2 or more countries, or the Governments of 2 or more countries; or
(c) an organisation established by, or a group of organisations constituted by:
(i) organisations of which 2 or more countries, or the Governments of 2 or more countries, are members; or
(ii) organisations that are constituted by the representatives of 2 or more countries, or the Governments of 2 or more countries.
"Non-Proliferation Treaty" means the Treaty on the Non - Proliferation of Nuclear Weapons, being the Treaty which was signed on behalf of Australia on 27 February 1970, a copy of the English text of which is set out in Schedule 2, and, subject to subsection ( 3), includes that Treaty as amended from time to time.
(a) the operation of a nuclear reactor, whether for the purposes of generating power or otherwise;
(b) the enrichment of nuclear material;
(c) the reprocessing of irradiated nuclear material; or
(d) any other activity (including storage) that forms part of the nuclear fuel cycle.
"nuclear facility" means a facility within the meaning of the Agency Agreement.
"nuclear fuel cycle" has the same meaning as it has when used in the Agency Agreement.
"nuclear material" has the same meaning as in the Agency Agreement.
"Nuclear Terrorism Convention" means the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005, as amended and in force for Australia from time to time.
Note: In 2012, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"offence against this Act" includes:
(a) an offence against the regulations;
(b) an offence against section 6 of the Crimes Act 1914 in relation to an offence against this Act or the regulations; and
(c) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence against this Act or the regulations.
"permit" means a permit under section 13, 16 , 16A or 16B .
"Physical Protection Convention" means the Convention on the Physical Protection of Nuclear Material, being the Convention which was signed on behalf of Australia on 22 February 1984, a copy of the English text of which is set out in Schedule 4, and, subject to subsection ( 3), includes that Convention as amended from time to time.
"prescribed authority of the Commonwealth" means an authority of the Commonwealth prescribed by the regulations for the purposes of this definition.
"prescribed international agreement" means:
(a) an agreement the title of which is set out in Schedule 5; or
(b) an agreement between Australia and a foreign country or foreign countries in relation to nuclear safeguards or the peaceful use of nuclear material or associated items, being an agreement that is prescribed by the regulations for the purposes of this definition;
and, subject to subsection ( 3), includes such an agreement as amended from time to time.
"Register" means the Register of Permit and Authority Holders kept in accordance with section 69.
"reprocess" , in relation to irradiated nuclear material, means separate uranium or plutonium from fission products in the material.
"Supplementary Agency Agreement" has the meaning given by section 4A.
"surveillance device" means a seal, camera, closed - circuit television system or other device that is being used, pursuant to a condition of a permit or pursuant to an order or direction under section 73, to detect:
(a) movements of nuclear material or an associated item; or
(aa) movements of a person or thing past or through a containment device; or
(ab) circumvention of a containment device or surveillance device; or
(b) interference with a containment device or surveillance device; or
(c) the falsification of records relating to:
(i) the location of nuclear material or an associated item; or
(ii) the quantity of nuclear material or associated material at a particular location.
(2) A reference in the definition of prescribed international agreement in subsection ( 1) to a foreign country includes a reference to an international organisation.
(3) An amendment to the Agency Agreement, the Agency Statute, the Non - Proliferation Treaty, the Physical Protection Convention or a prescribed international agreement:
(a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and
(b) takes effect for the purposes of this Act from the day on which the regulations referred to in paragraph ( a) take effect or such later day as is specified in those regulations.
(4) Where the Board of Governors of the Agency makes a determination of the kind referred to in the definition of special fissionable material , or source material , in Article XX of the Agency Statute (a copy of the English text of which is set out in Schedule 1), the determination does not have effect for the purposes of this Act unless and until the regulations declare that the determination is to have effect for the purposes of this Act.
(5) Where regulations are made for the purposes of subsection ( 4) in relation to a determination of the Board of Governors of the Agency, the determination shall be taken, for the purposes of the definition of nuclear material in the Agency Agreement, to be accepted by Australia .
(6) Where a person gives another person, or allows another person to take, possession of associated technology, the first - mentioned person shall, for the purposes of this Act, be taken to have communicated to that other person the information that is contained in, or that may be obtained or deduced from, that associated technology.
(7) Declarations made under the definitions of associated equipment , associated material and associated technology in subsection ( 1) are legislative instruments.
(10) A reference in this Act to an inspection by an Agency
inspector includes a reference to access by the inspector.