{"id":"C2024A00092","name":"Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024","slug":"australian-naval-nuclear-power-safety-transitional-provisions-act-2024","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"92 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436406,"registerId":"C2024A00092-fast-fetch-1775953612775","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nAustralian Naval Nuclear Power Safety (Transitional Provisions) Act 2024\n\nNo. 92, 2024\n\n \n\n \n\n \n\n \n\n \n\nAn Act to deal with transitional matters relating to the enactment of the Australian Naval Nuclear Power Safety Act 2024, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Schedules\n\nSchedule 1—Transitional provisions\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nAustralian Naval Nuclear Power Safety (Transitional Provisions) Act 2024\n\nNo. 92, 2024\n\n \n\n \n\n \n\nAn Act to deal with transitional matters relating to the enactment of the Australian Naval Nuclear Power Safety Act 2024, and for related purposes\n\n[Assented to 24 October 2024]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Australian Naval Nuclear Power Safety (Transitional Provisions) Act 2024.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as the Australian Naval Nuclear Power Safety Act 2024 commences.However, the provisions do not commence at all if that Act does not commence. 1 November 2025\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Schedules\n\n  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.\n\nSchedule 1—Transitional provisions\n\n \n\n1  Definitions\n\nIn this Schedule:\n\nANNPS Act means the Australian Naval Nuclear Power Safety Act 2024.\n\nARPANS Act means the Australian Radiation Protection and Nuclear Safety Act 1998.\n\ncommencement means the commencement of this Act.\n\nregulated activity has the same meaning as in section 9 of the ANNPS Act.\n\n2  Transitioning certain facility licences under the ARPANS Act to licences under the ANNPS Act\n\n(1) This item applies if:\n\n (a) a facility licence is issued to a person (the licence holder) under section 32 of the ARPANS Act; and\n\n (b) the licence is in force immediately before commencement; and\n\n (c) the licence authorises a person to conduct an activity referred to in subsection 30(1) of the ARPANS Act but does not authorise an activity referred to in paragraph 32(1A)(b) of that Act; and\n\n (d) at commencement, the activity is a facility activity (within the meaning of section 11 of the ANNPS Act).\n\n(2) On and after commencement the licence:\n\n (a) has effect as if it were an Australian naval nuclear power safety licence issued to the licence holder under subsection 31(1) of the ANNPS Act; and\n\n (b) is subject to the following conditions:\n\n (i) the conditions referred to in paragraphs 32(1)(a) and (b) of the ANNPS Act;\n\n (ii) any conditions specified in relation to the licence by the Regulator on or after commencement under subsection 34(2) of the ANNPS Act;\n\n (iii) any conditions prescribed by the regulations.\n\nNote: Paragraph (a) means that on and after commencement the licence is taken to be an Australian naval nuclear power safety licence and can be dealt with as such. On and after commencement, it is no longer a licence under the ARPANS Act and section 35 of that Act (about licence conditions) no longer applies to the licence.\n\n3  Transitioning certain facility licences and source licences under the ARPANS Act to licences under the ANNPS Act\n\n(1) This item applies if:\n\n (a) a licence is issued to a person (the licence holder) under section 32 or 33 of the ARPANS Act; and\n\n (b) the licence is in force immediately before commencement; and\n\n (c) the licence authorises a person:\n\n (i) to conduct an activity referred to in subsection 30(1) of the ARPANS Act and an activity referred to in paragraph 32(1A)(b) of that Act; or\n\n (ii) to conduct an activity referred to in subsection 31(1) of the ARPANS Act; and\n\n (d) at commencement, the activity is a regulated activity.\n\n(2) On and after commencement the licence continues in force (and may be dealt with) under the ARPANS Act but only to the extent that the licence relates to an activity that is not a regulated activity.\n\n(3) On and after commencement the licence, only to the extent that it relates to a regulated activity:\n\n (a) has effect as if it were an Australian naval nuclear power safety licence issued to the licence holder under subsection 31(1) of the ANNPS Act; and\n\n (b) is subject to the following conditions:\n\n (i) the conditions referred to in paragraphs 32(1)(a) and (b) of the ANNPS Act;\n\n (ii) any conditions specified in relation to the licence by the Regulator on or after commencement under subsection 34(2) of the ANNPS Act;\n\n (iii) any conditions prescribed by the regulations.\n\nNote: Paragraph (a) means that on and after commencement the licence, to the extent it relates to a regulated activity, is taken to be an Australian naval nuclear power safety licence and can be dealt with as such. On and after commencement, it is no longer a licence under the ARPANS Act to the extent the licence relates to the regulated activity, and section 35 of that Act (about licence conditions) no longer applies to the licence to that extent.\n\n4  Regulations\n\n(1) The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the regulations; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:\n\n (a) the enactment of the ANNPS Act; or\n\n (b) transitioning the regulation of matters relating to regulated activities from the ARPANS Act to the ANNPS Act.\n\n(3) Items 2 and 3 do not limit the regulations that may be made for the purposes of this item.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 16 November 2023\n\nSenate on 16 September 2024]\n\n \n\n(137/23)\n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act is narrowly drafted as a transitional instrument to effect the transfer of certain licences from the ARPANS Act to the ANNPS Act and to permit regulations handling transitional matters (Schedule 1, items 2–4). It does not add substantive new regulatory powers beyond those in the ANNPS Act; instead it specifies how existing ARPANS licences are to be treated on commencement and delegates transitional detail to regulations. In short, the scope remains focused on transition rather than expanding the legal reach beyond the ANNPS Act’s intended domain."},"complexity_factors":["Short Act but relies heavily on external cross‑references (ARPANS Act and multiple provisions of the ANNPS Act): e.g. ARPANS ss 30(1), 31(1), 32(1A)(b), 32–33, 35; ANNPS s 9 (definition of regulated activity), ANNPS ss 31(1), 32(1)(a)&(b), 34(2).","Two different transitional tracks (Schedule item 2 and item 3) with conditional branching depending on whether a licence authorises activities that become 'regulated activities' or not.","Partial conversion/split of licences (item 3) — licences may remain partly under ARPANS and partly under ANNPS, creating mixed legal status.","Relatively few internal defined terms in the Schedule (4 defined terms: ANNPS Act, ARPANS Act, commencement, regulated activity) but dependence on defined terms in the external Acts increases interpretive complexity.","Regulation‑making power is broad and expressly allows saving/application provisions and other transitional measures (Schedule item 4), meaning substantive implementation detail is deferred to subordinate legislation.","Commencement is conditional on the separate ANNPS Act commencing; published commencement notes are present but not legally operative (section 2(1)–(2)).","Notes in the Schedule signal legal effects (e.g. ARPANS section 35 ceases to apply) which require reading both Acts to confirm the full effect."],"plain_english_summary":"**What this law does (mechanically)**\n\n- This Act only deals with transition arrangements needed once the separate Australian Naval Nuclear Power Safety Act 2024 (the ANNPS Act) begins.\n- It does not create new safety rules itself. Instead it moves certain existing licences and their regulatory supervision from the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act) into the new ANNPS Act regime, and gives power to make regulations to manage that transition (Schedule 1, items 2–4).\n\n**Who it affects**\n\n- Existing licence holders under the ARPANS Act who, immediately before this Act starts, hold facility licences or source/facility licences that cover activities which, under the ANNPS Act, will be \"regulated activities\" (Schedule 1, items 2–3).\n- The ANNPS Regulator (the official who enforces the ANNPS Act) and the Governor‑General (by making regulations under the Act).\n\n**Why it matters**\n\n- It ensures continuity of authorisations so that licence holders are not left without a legal licence when the new ANNPS law starts. It shifts the legal basis for certain activities from the ARPANS Act to the ANNPS Act, and allows the Regulator to impose the conditions that the ANNPS Act requires (Schedule 1, items 2–3).\n\n**How the transition works, step‑by‑step**\n\n- If a facility licence under section 32 of the ARPANS Act is in force immediately before this Act starts, and it authorises an activity that the ANNPS Act treats as a facility activity, then on and after commencement that licence is treated as if it were an Australian naval nuclear power safety licence issued under subsection 31(1) of the ANNPS Act (Schedule 1, item 2(1)–(2)(a)).\n  - That converted licence becomes subject to: the two conditions listed in ANNPS Act paragraphs 32(1)(a) and (b); any conditions the Regulator specifies under ANNPS subsection 34(2); and any conditions in the regulations (Schedule 1, item 2(2)(b)(i)–(iii)).\n  - Once converted in this way, the licence is no longer treated as an ARPANS licence for the relevant activities, and ARPANS section 35 (licence conditions) no longer applies to those activities (Schedule 1 note to item 2).\n\n- If a licence under section 32 or 33 of the ARPANS Act covered both: (a) activities that become \"regulated activities\" under the ANNPS Act, and (b) other activities that do not become regulated activities, the licence is split in effect (Schedule 1, item 3):\n  - The licence continues under the ARPANS Act only for the non‑regulated activities (item 3(2)).\n  - For the part that relates to regulated activities, the licence is treated as an ANNPS licence and is subject to the same set of ANNPS conditions described above (item 3(3)).\n\n- The Governor‑General may make regulations to prescribe any matters required by this Act and other transitional matters necessary to implement the transfer of regulatory responsibility from ARPANS to ANNPS (item 4). Those regulations may include savings or application provisions and other transitional rules (item 4(2)).\n\n**Who pays and who decides**\n\n- Licence holders are the primary parties who will bear any compliance costs: they must meet the ANNPS licence conditions after transition and may face additional compliance or administrative costs if the Regulator imposes new conditions (Schedule 1, items 2–3).\n- The Regulator under the ANNPS Act decides and specifies licence conditions on and after commencement (Schedule 1, items 2(2)(b)(ii) and 3(3)(b)(ii)).\n- The Governor‑General (on advice of government) makes regulations to implement transitional arrangements (Schedule 1, item 4).\n\n**Implementation mechanics, trade‑offs and risks**\n\n- The Act preserves legal continuity by effectively re‑issuing certain ARPANS licences as ANNPS licences rather than requiring fresh applications (Schedule 1, items 2–3). That reduces immediate administrative disruption.\n- The Regulator gains discretion to add or change conditions for the converted licences under ANNPS subsection 34(2) and the regulations (Schedule 1, items 2(2)(b)(ii)–(iii) and 3(3)(b)(ii)–(iii)). That shifts the compliance target for licence holders and creates a point at which regulatory change can impose costs.\n- Some licences are split: parts remain under ARPANS for non‑regulated activities and parts move to ANNPS for regulated activities (Schedule 1, item 3). This bifurcation can increase administrative complexity for licence holders who carry on multiple activities across the two regimes.\n- The Act delegates broad power to make transitional regulations, including saving or application provisions (Schedule 1, item 4). The content of those regulations will materially affect implementation risk, the timing of obligations, and the precise compliance path for affected licence holders.\n- The Act’s commencement is conditional: the whole Act starts at the same time as the ANNPS Act commences; if the ANNPS Act does not commence, this Act does not commence (section 2). Published commencement notes (not part of the Act) show an indicative date, but those notes are not legally binding (section 2(1)–(2)).\n\n**Concrete legal effects to watch for**\n\n- Licence holders should expect their ARPANS licences (or parts of them) to be treated as ANNPS licences and to be subject to ANNPS provisions and Regulator‑specified conditions on commencement (Schedule 1, items 2–3).\n- ARPANS section 35 (about licence conditions) will stop applying to those licences to the extent they are transitioned (Schedule 1 note). Regulators and licence holders must reconcile which statutory condition sets apply to which parts of a licence.\n\n**Primary sources within the Act**\n- Transition rules: Schedule 1, items 2–3.  \n- Regulation‑making power: Schedule 1, item 4.  \n- Commencement linkage to ANNPS Act: section 2."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of managing the transition of licences from the ARPANS Act to the ANNPS Act. It does not expand beyond transitional matters relating to the enactment of the main Act."},"complexity_factors":["Short length (only 4 substantive items plus definitions)","Limited defined terms (only 4 definitions in section 1)","Simple conditional structure (if-then logic in items 2 and 3)","Minimal cross-referencing (references only to the two related Acts and specific sections)","No nested exceptions or complex provisos","Straightforward purpose (licence conversion) with clear triggers","Single Schedule with only transitional provisions"],"plain_english_summary":"**What this law does:**\n\nThis Act is a \"bridge\" law that helps move the regulation of nuclear-powered naval activities from one system to another. It ensures that existing licences don't suddenly become invalid when the new **Australian Naval Nuclear Power Safety Act 2024** (the main law) starts operating.\n\n**Who it affects:**\n\n- **Businesses and organisations** that currently hold licences under the old radiation safety law (the *Australian Radiation Protection and Nuclear Safety Act 1998*, or \"ARPANS Act\") to conduct activities involving nuclear-powered naval vessels or related facilities\n- **The Regulator** (the government body that oversees nuclear safety)\n- **The Defence Department** and contractors working on Australia's nuclear-powered submarine program (AUKUS)\n\n**How it works:**\n\nThe Act automatically converts certain existing licences into licences under the new system:\n\n- **Item 2**: If you have a facility licence under the old law that covers nuclear naval activities, it becomes a licence under the new law on commencement day.\n- **Item 3**: If you have a licence that covers *both* regular radiation activities *and* nuclear naval activities, it gets \"split\":\n  - The regular radiation part stays under the old law\n  - The nuclear naval part moves to the new law\n\n**Why it matters:**\n\nWithout this transitional law, companies working on Australia's nuclear submarine program would have faced a regulatory gap—their existing licences would have expired or become invalid when the new Act started. This ensures **continuity of safety oversight** and avoids disruption to critical defence activities. It also prevents businesses from having to reapply for licences they already hold.\n\nThe Act also allows the government to make regulations (rules) to handle any other transitional issues that arise during the switchover."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024","history":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024/history","analysis":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024/analysis","conflicts":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024/conflicts","importantCases":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024/important-cases","documents":"/api/acts/australian-naval-nuclear-power-safety-transitional-provisions-act-2024/documents"}}