Commonwealth Numbered Acts

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION AMENDMENT ACT 1992 No. 83 of 1992 - SECT 4

4.(1) Section 5 of the Principal Act is amended:

   (a)  by inserting after paragraph (1)(b) the following paragraph:

"(ba) to condition, manage and store radioactive materials and radioactive
waste, arising from:

        (i)    the Organisation's activities (including the production of
               radioactive materials for other persons); or

        (ii)   the activities of companies in which the Organisation holds a
               controlling interest (including the production of radioactive
               materials for other persons); or

        (iii)  the use by other persons of radioactive materials produced by
               the Organisation or such companies; or

        (iv)   the activities of other persons who are specified in the
               regulations;";

   (b)  by inserting after subparagraph (1)(c)(i) the following subparagraph:

"(ia) in connection with the conditioning, management and storage of
radioactive materials or radioactive waste; or";

   (c)  by inserting after paragraph (1)(e):

"(ea) to make available to other persons, on a commercial basis, the
knowledge, expertise, equipment and facilities of the Organisation by:

        (i)    providing training and management expertise; or

        (ii)   selling or leasing equipment; or

        (iii)  leasing land and facilities; or

        (iv)   taking any other action that the Organisation thinks
               appropriate;";

   (d)  by omitting from paragraph (1)(j) "the training of scientific and
        research workers" and substituting "training";

   (e)  by inserting after subsection (1) the following subsections:

"(1A) A regulation made for the purposes of subparagraph (1)(ba)(iv) must not
have the effect of authorising the premises on which the Lucas Heights
Research Laboratories are situated to become a national nuclear waste
repository.

"(1B) In subsection (1A): 'national nuclear waste repository' means a site
chosen by the Commonwealth, after the commencement of this subsection, for the
storage of nuclear waste with a view to it never being moved to another
site.";

   (f)  by omitting subsection (3) and substituting the following subsection:

"(3) In undertaking its functions, the Organisation is to have regard to:

   (a)  the Commonwealth Government's national science, technology and energy
        policy objectives; and

   (b)  the Commonwealth Government's commercialisation objectives for public
        research institutions.".

(2) Subject to subsection (3), for the purposes of paragraph 5(1)(ba) of the
Principal Act as amended by this Act, any radioactive material or radioactive
waste that, on the commencement of this Act, is stored on the Organisation's
premises is taken to be radioactive material and radioactive waste arising
from the Organisation's activities.

(3) On and after 5 February 1995, subsection (2) does not apply to any
radioactive material or radioactive waste that is the subject of order 3 of
the orders made in the Land and Environment Court of New South Wales on 5
February 1992 in the matter of the Council of the Shire of Sutherland v. the
Australian Nuclear Science and Technology Organisation.