Commonwealth Numbered Acts

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION AMENDMENT ACT 1992 No. 83 of 1992 - SECT 5

5.(1) After section 7 of the Principal Act the following section is inserted
in Part II: Immunity of Organisation etc. from certain State and Territory
laws

"7A.(1) Subject to subsection (4), a law to which this section applies does
not apply, and is taken never to have applied, in relation to:

   (a)  the Organisation; or

   (b)  the Organisation's property or transactions; or

   (c)  anything done by or on behalf of the Organisation.

"(2) Subject to subsections (4) and (5), at all times during which the
Organisation holds, or has held, a controlling interest in a particular
company, a law to which this section applies does not apply, or is taken not
to have applied, as the case requires, in relation to:

   (a)  the company; or

   (b)  the company's property or transactions; or

   (c)  anything done by or on behalf of the company.

"(3) This section applies to a law of a State or Territory so far as the law
relates to:

   (a)  the use or proposed use of land or premises; or

   (b)  the environmental consequences of the use of land or premises; or

   (c)  radioactive materials or dangerous goods; or

   (d)  licensing in relation to:

        (i)    employment; or

        (ii)   carrying on a particular kind of business or undertaking; or

        (iii)  conducting a particular kind of operation.

"(4) This section does not apply to a law of a kind referred to in subsection
(3) if the law is specified in regulations made for the purposes of this
subsection.

"(5) Subsection (2) does not apply in relation to any property or transaction
of a company of a kind referred to in that subsection, or to anything done by
such a company, if the property, transaction or thing is wholly unconnected
with any matter that is within the scope of the Organisation's functions or
powers.

"(6) Nothing in this section implies that a law to which this section does not
apply, applies in relation to:

   (a)  the Organisation; or

   (b)  the property or transactions of the Organisation; or

   (c)  any act or thing done by or on behalf of the Organisation.

"(7) In this section:
'law' means a written law, and includes:

   (a)  subordinate legislation; and

   (b)  a provision of a law.".

(2) On and after 5 February l995, section 7A of the Principal Act as amended
by this Act does not apply in relation 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 l992 in the matter
of the Council of the Shire of Sutherland v. the Australian Nuclear Science
and Technology Organisation.