NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 72 Delegation by Minister

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 72

  (1)   The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to the Director or an officer of the Department all or any of the Minister's powers under this Act or the regulations, other than:

  (a)   this power of delegation; and

  (b)   the Minister's power under subsection   22(5).

  (2)   A power so delegated, when exercised by the delegate, shall, for the purposes of this Act and the regulations, be deemed to have been exercised by the Minister.

  (3)   A delegation under this section does not prevent the exercise of a power by the Minister.

  (4)   Without limiting the generality of subsection   ( 1), the Minister may delegate to the Director the Minister's power to grant permits or to grant authorities under section   18.

  (5)   If the Minister delegates to the Director the Minister's power to grant permits, the following provisions have effect:

  (a)   section   12 applies in relation to any application for a permit that is dealt with by the Director pursuant to the delegation as if paragraph   12(2)(b) and subsection   12(3) were omitted;

  (b)   sections   14 and 15 do not apply in relation to any application for a permit that is dealt with by the Director pursuant to the delegation but the Director:

  (i)   shall not grant a permit under section   13 to the owner or operator of a nuclear facility unless the Director is satisfied that:

  (A)   the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph   12(2)(a);

  (B)   appropriate procedures can be applied at the facility for the implementation of the Australian safeguards system in relation to nuclear material and associated items to be located at the facility; and

  (C)   adequate physical security can be applied to nuclear material and associated items at the facility;

  (ii)   shall not grant a permit under section   13 in relation to nuclear material or an associated item that is to be held otherwise than at a nuclear facility unless the Director is satisfied that the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph   12(2)(a);

  (c)   subsection   16A(1) applies in relation to the grant of a permit by the Director acting under the delegation as if that subsection permitted the grant only if the Director is satisfied of the matters described in paragraphs 16A(1)(a), (b) and (c) ;

  (d)   subsection   16B(1) applies in relation to the grant of a permit by the Director acting under the delegation as if that subsection permitted the grant only if the Director is satisfied of the matters described in paragraphs 16B(1)(a), (b) and (c).

  (6)   If the Minister delegates to the Director the Minister's power to grant authorities under section   18, the following provisions have effect:

  (a)   section   17 applies in relation to any application for an authority that is dealt with by the Director pursuant to the delegation as if paragraph   17(2)(b) and subsection   17(3) were omitted;

  (b)   subsection   18(2) does not apply in relation to an application for an authority that is dealt with by the Director pursuant to the delegation but the Director shall not grant an authority unless 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).