NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 No. 8, 1987 - SECT 13 Permit to possess nuclear material or associated items

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 No. 8, 1987 - SECT 13

13. (1) Subject to sections 14 and 15, the Minister may, in writing, grant to
a person a permit to possess-

   (a)  nuclear material; or

   (b)  an associated item, to which this Part applies.

(2) A permit under sub-section (1) is granted subject to such restrictions and
conditions as the Minister specifies in the permit.

(3) Without limiting the generality of sub-section (2), a permit under
sub-section (1) may be granted subject to restrictions and conditions in
respect of-

   (a)  the nuclear material, or the class of nuclear material, or the
        associated item or items, or the class of associated items, as the
        case requires, in relation to which the permit is to have effect;

   (b)  the period for which the permit is to have effect;

   (c)  the locations for which the permit is to have effect and the
        procedures to be followed if nuclear material or an associated item is
        to be transported from one location to another (including requirements
        for the giving of notice to the Minister, the Director or any carrier
        engaged by the holder of the permit);

   (d)  the measures to be taken to ensure the physical security of nuclear
        material or an associated item;

   (e)  the persons, or class of persons, who are to be allowed access to
        nuclear material or an associated item and the conditions on which
        access to nuclear material or an associated item is to be allowed;

   (f)  the steps to be taken, and the records to be kept, to account for
        nuclear material or an associated item;

   (g)  the uses to which nuclear material or an associated item may be put;

   (h)  the enrichment of nuclear material or the reprocessing of irradiated
        nuclear material;

   (j)  the reports to be furnished, and the inspections to be permitted, in
        respect of nuclear material or an associated item;

   (k)  the transfer by the holder of the permit to another person of property
        in, or possession or control of, nuclear material or an
        associated item;

   (m)  if the permit is a permit to possess associated technology-the
        communication of the information contained in, or that may be obtained
        or deduced from, the associated technology;

   (n)  the alteration, dispersal or disposal of nuclear material or an
        associated item; and

   (o)  if nuclear material or an associated item is to be held at a nuclear
        facility-the provision to the Director of information in order to
        allow inspectors or Agency inspectors to comply with health and safety
        procedures applicable at the facility.

(4) Without limiting the generality of paragraph (3) (f), a condition of a
permit under sub-section (1) in respect of the records to be kept to account
for nuclear material or an associated item may make provision in relation to-

   (a)  the form and content of such records;

   (b)  the period for which such records are to be kept; and

   (c)  the system of measurement to be used in the preparation of such
        records.

(5) Without limiting the generality of paragraph (3) (j), a condition of a
permit under sub-section (1) in respect of the reports to be furnished in
respect of nuclear material or an associated item may make provision in
relation to-

   (a)  the form and content of such reports;

   (b)  special reports to be made in relation to unusual or anomalous
        incidents or circumstances and the form and contents of such special
        reports;

   (c)  the time within which such reports and special reports are to be made;
        and

   (d)  the persons who are to verify or authenticate such reports and special
        reports.

(6) Without limiting the generality of paragraph (3) (j), a condition of a
permit under sub-section (1) in respect of the inspections to be permitted in
respect of nuclear material or an associated item may make provision in
relation to inspections by Agency inspectors pursuant to the Agency Agreement.

(7) Without limiting the generality of sub-section (2), a condition in respect
of the doing of an act or thing may be imposed by reference to the approval or
consent of a specified person being obtained before the act or thing may be
done.

(8) A permit granted under sub-section (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 sub-section 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
sub-section (2) of this section, imposing a condition or restriction on the
grant of a permit, for review of the decision.

(9) A failure to comply with the requirements of sub-section (8) in relation
to a decision shall not be taken to affect the validity of the decision.

(10) Subject to sub-section 22 (1), the Minister may, in writing, vary a
permit granted under sub-section (1).

(11) A variation to a permit under sub-section (10) takes effect on the day on
which notice of the variation is given to the holder of the permit under
sub-section 22 (1) or such later day as is specified in the instrument of
variation.