Commonwealth Numbered Acts

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 No. 8, 1987 - SECT 4

4. (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, subject to sub-section (3), includes that Agreement as
amended from time to time;

"Agency inspector" means a person declared, pursuant to sub-section 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 sub-section (3), includes that Statute as amended from time to
time;

"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-

        (i)    nuclear activities; or

        (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 item" means-

   (a)  associated material;

   (b)  associated equipment; or

   (c)  associated technology;

"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 the construction or operation
        of a nuclear reactor; 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-

        (i)    equipment or plant for-

                (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;

"Australian aircraft" means-

   (a)  an aircraft registered or required to be registered in accordance with
        the Air Navigation Regulations as an Australian aircraft;

   (b)  an aircraft that is owned by, or is in the possession or control of,
        the Commonwealth, Qantas Airways Limited 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-

   (a)  this Act;

   (b)  the regulations; and

   (c)  orders and directions under section 73;

"Australian ship" means-

   (a)  a ship registered in Australia; or

   (b)  an unregistered ship that has Australian nationality;

"authority" means an authority granted under section 18;

"Commonwealth officer" means-

   (a)  an officer or employee within the meaning of the Public Service Act
        1922;

   (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 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

   (b)  information relating to-

        (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;

"identity card" means an identity card issued under section 58;

"inspector" means a person appointed as an inspector under sub-section 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 sub-section (3), includes that Treaty as amended from time
to time;

"nuclear activities" means-

   (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;

"offence against this Act" includes-

   (a)  an offence against the regulations;

   (b)  an offence against section 6, 7 or 7A of the Crimes Act 1914 in
        relation to an offence against this Act or the regulations; and

   (c)  an offence against sub-section 86(1) of the Crimes Act 1914 by virtue
        of paragraph (a) of that sub-section, being an offence in relation to
        an offence against this Act or the regulations;

"permit" means a permit granted under section 13 or 16;

"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 sub-section (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 sub-section (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;

"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;

   (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
sub-section (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 sub-section (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) Sections 48, 49, 49A and 50 of the Acts Interpretation Act 1901 apply to
declarations made under the definitions of "associated equipment", "associated
material" and " associated technology" in sub-section (1) as if in those
provisions references to regulations were references to declarations,
references to a regulation were references to a provision of a declaration and
references to repeal were references to revocation.
(8) Declarations made under the definitions of "associated equipment",

"associated material" and "associated technology" in sub-section (1) shall not
be taken to be statutory rules within the meaning of the Statutory Rules
Publication Act 1903, but sub-sections 5 (3) to (3C) (inclusive) of that Act
apply in relation to such declarations as they apply to statutory rules.

(9) For the purposes of the application of sub-section 5 (3B) of the Statutory
Rules Publication Act 1903 in accordance with sub-section (8) of this section,
the reference in the first-mentioned sub-section to the Minister of State for
Sport, Recreation and Tourism shall be read as a reference to the Minister
administering this Act.

(10) Section 5 of the Evidence Act 1905 applies to declarations made under
the definitions of "associated equipment", "associated material" or

"associated technology" in sub-section (1) as that section applies to an order
made by the Minister.