{"id":"C2016A00101","name":"Civil Nuclear Transfers to India Act 2016","slug":"civil-nuclear-transfers-to-india-act-2016","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"101 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8562,"registerId":"commonwealth-C2016A00101-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Nuclear Transfers to India Act 2016","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCivil Nuclear Transfers to India Act 2016\n\n \n\nNo. 101, 2016\n\n \n\n \n\n \n\n \n\n \n\nAn Act to make certain provision in relation to the export of nuclear material and nuclear‑related items, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Object of this Act\n\n4 Simplified outline of this Act\n\n5 Definitions\n\n6 Act extends to external Territories\n\n7 Act binds the Crown\n\n8 Requirements applying to export of nuclear material and nuclear‑related items\n\n9 Amendment of the India‑IAEA agreement\n\n10 Rules\n\n \n\n![](image.001.png)\n\n \n\n \n\nCivil Nuclear Transfers to India Act 2016\n\nNo. 101, 2016\n\n \n\n \n\n \n\nAn Act to make certain provision in relation to the export of nuclear material and nuclear‑related items, and for related purposes\n\n[Assented to 7 December 2016]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Civil Nuclear Transfers to India Act 2016.\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 The day after this Act receives the Royal Assent. 8 December 2016\n\n\nNote: This table relates only to the provisions of this Act as originally enacted.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  Object of this Act\n\n  The object of this Act is to codify, for the purposes of some Acts and legislative instruments, the content of Australia’s obligations, responsibilities and commitments, under the specified international agreements, in relation to the nuclear safeguards to be applied in India.\n\n4  Simplified outline of this Act\n\nAuthorisations must be granted under particular legislation before nuclear material and nuclear‑related items can be exported from Australia.\n\nAustralia has obligations under international agreements in relation to safeguards to be applied in countries to which nuclear material and nuclear‑related items are exported.\n\nThis Act provides that, if particular conditions are met:\n\n (a) the exercise of powers or performance of functions under particular legislation is taken not to be inconsistent with Australia’s obligations; and\n\n (b) the person exercising powers or performing functions under particular legislation is taken to have had due regard to Australia’s obligations, responsibilities and commitments;\n\nunder specified international agreements, in relation to the safeguards to be applied in India.\n\nThe conditions relate to specific agreements with India which deal with safeguards.\n\n5  Definitions\n\n  In this Act:\n\nAustralia‑India agreement means the Agreement between the Government of Australia and the Government of India on Cooperation in the Peaceful Uses of Nuclear Energy done at New Delhi on 5 September 2014, as amended from time to time.\n\nNote: The Agreement is in Australian Treaty Series 2015 No. 9 ([2015] ATS 9) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nexport from Australia includes supply from a place in Australia to a place outside Australia.\n\nIndia‑IAEA agreement means the following, as amended from time to time:\n\n (a) the Agreement between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities done at Vienna on 2 February 2009;\n\n (b) the Protocol Additional to the Agreement between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities done at Vienna on 15 May 2009.\n\nNote: The Agreement and Protocol could in 2016 be viewed on the International Atomic Energy Agency website (https://www.iaea.org).\n\nnuclear material has the same meaning as in the Australia‑India agreement.\n\nnuclear‑related item means any of the following, within the meaning of the Australia‑India agreement:\n\n (a) a component;\n\n (b) equipment;\n\n (c) non‑nuclear material;\n\n (d) technology.\n\nrules means rules made under section 10.\n\nspecified international agreements means the following:\n\n (a) the Treaty on the Non‑Proliferation of Nuclear Weapons done at London, Moscow and Washington on 1 July 1968;\n\n (b) the South Pacific Nuclear Free Zone Treaty done at Rarotonga on 6 August 1985.\n\nNote 1: The Treaty on the Non‑Proliferation of Nuclear Weapons is in Australian Treaty Series 1973 No. 3 ([1973] ATS 3) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nNote 2: The South Pacific Nuclear Free Zone Treaty is in Australian Treaty Series 1986 No. 32 ([1986] ATS 32) and could in 2016 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n6  Act extends to external Territories\n\n  This Act extends to every external Territory.\n\n7  Act binds the Crown\n\n  This Act binds the Crown in each of its capacities.\n\n8  Requirements applying to export of nuclear material and nuclear‑related items\n\n (1) If:\n\n (a) a power is exercised, or a function is performed, for the purposes of:\n\n (i) the Nuclear Non‑Proliferation (Safeguards) Act 1987; or\n\n (ii) an Act or legislative instrument prescribed by the rules for the purposes of this subparagraph; and\n\n (b) the conditions in subsection (3) are met at the time the power or function is exercised or performed;\n\nthen, so far as the exercise or performance is in connection with the export from Australia of nuclear material or of a nuclear‑related item, it is taken not to be inconsistent with Australia’s obligations, under the specified international agreements, in relation to the nuclear safeguards to be applied in India.\n\n (2) If:\n\n (a) a power is exercised, or a function is performed, by a person for the purposes of:\n\n (i) the Defence Trade Controls Act 2012; or\n\n (ii) the Customs (Prohibited Exports) Regulations 1958; or\n\n (iii) an Act or legislative instrument prescribed by the rules for the purposes of this subparagraph; and\n\n (b) the conditions in subsection (3) are met at the time the power or function is exercised or performed;\n\nthen, so far as the exercise or performance is in connection with the export from Australia of nuclear material or of a nuclear‑related item, the person is taken to have had due regard to Australia’s obligations, responsibilities and commitments, under the specified international agreements, in relation to the nuclear safeguards to be applied in India.\n\n (3) The conditions are:\n\n (a) the Australia‑India agreement is in force; and\n\n (b) the India‑IAEA agreement is in force; and\n\n (c) the person exercising the power or performing the function is satisfied that the nuclear material or nuclear‑related item will be subject to safeguards under the India‑IAEA agreement if supplied to a place in India.\n\n (4) This section applies to the exercise of a power or performance of a function before, on or after commencement of this Act.\n\n9  Amendment of the India‑IAEA agreement\n\n  If the India‑IAEA agreement is amended, the Minister must, by notifiable instrument, give notice of the amendment.\n\n10  Rules\n\n (1) The Minister may, by legislative instrument, make rules prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the rules; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n (2) To avoid doubt, the rules may not do the following:\n\n (a) create an offence or civil penalty;\n\n (b) provide powers of:\n\n (i) arrest or detention; or\n\n (ii) entry, search or seizure;\n\n (c) impose a tax;\n\n (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n\n (e) directly amend the text of this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 9 November 2016\n\nSenate on 28 November 2016]\n\n(169/16)\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act does not widen the substantive objects of Australia’s nuclear export control regime; it codifies how certain export decisions are to be treated legally when specified international agreements are in force (s 3, s 8). Who decides: officials and ministers exercising powers under named Acts or prescribed instruments (s 8(1)–(2)). Who pays / bears costs: exporters remain subject to controls and compliance costs; administrative costs fall on agencies required to verify safeguards and notify treaty amendments (s 8(3), s 9). Practical effects: it shifts legal characterisation and creates administrative discretion (s 8(3)(c)), but does not itself create new offences or enforcement powers (s 10(2))."},"complexity_factors":["Interdependence with multiple international agreements (Australia‑India agreement; India‑IAEA agreement; NPT; South Pacific Nuclear Free Zone) and domestic statutes (s 3, s 5, s 8).","Administrative discretion created by the subjective satisfaction requirement that items 'will be subject to safeguards' (s 8(3)(c)).","Broad, open‑ended application to decisions taken under several named Acts and any other Acts prescribed by Ministerial rules (s 8(1)–(2); s 10(1)).","Rule‑making power vested in the Minister with express limits (rules cannot create offences, detention powers, taxes, appropriate funds or amend the Act) — requires careful drafting to avoid legal gaps (s 10(1)–(2)).","Temporal reach includes past, present and future exercises of power, which can affect existing administrative decisions (s 8(4)).","Definitions cover technical categories (e.g. 'nuclear‑related item' includes technology), requiring technical assessment and regulatory expertise (s 5).","Ongoing procedural obligation on the Minister to notify amendments to the India‑IAEA agreement by notifiable instrument, creating an administrative reporting duty (s 9)."],"plain_english_summary":"Mechanically, the Act treats certain export‑control decisions about nuclear material and nuclear‑related items to India as consistent with Australia’s international safeguards commitments if the Australia‑India and India‑IAEA agreements are in force and officials are satisfied the items will be safeguarded (ss 3, 5, 8). It affects exporters, regulators and ministers who approve or block exports, and requires the Minister to notify amendments to the India‑IAEA agreement (s 9)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The Act was always intended as a narrow, technical amendment to enable uranium exports to India specifically, and it has not expanded beyond this single-country, single-purpose scope. The rules-making power in section 10 preserves flexibility without broadening the Act's substantive reach."},"complexity_factors":["Short statute — only 10 sections spanning approximately 6 pages","Minimal defined terms — only 6 definitions in section 5, most incorporating external treaty definitions by reference","Simple conditional structure — single trigger mechanism in section 8 with three straightforward conditions in subsection (3)","No nested exceptions or complex cross-referencing — section 8 operates as a straightforward deeming provision","Limited operational provisions — the Act primarily creates legal presumptions rather than establishing regulatory schemes","Heavy reliance on external instruments — core substantive content (safeguards standards, material definitions) imported by reference to treaties rather than defined in the Act itself","Rules-making power constrained — section 10(2) explicitly prohibits rules from creating offences, penalties, or coercive powers, limiting potential complexity"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a legal framework that allows Australia to export uranium and nuclear-related equipment to India for peaceful purposes (like power generation), while ensuring Australia meets its international non-proliferation obligations.\n\n**Who it affects:**\n\n- **Government decision-makers** — Officials who approve exports under the *Nuclear Non-Proliferation (Safeguards) Act 1987*, *Defence Trade Controls Act 2012*, and customs regulations\n- **Australian uranium exporters** — Companies seeking to sell nuclear material to India\n- **India** — As the recipient country, which must maintain specific safeguards on Australian-supplied nuclear material\n\n**Why it matters:**\n\nBefore this law, Australia's legal framework made it difficult to export nuclear material to India because India is not a signatory to the Nuclear Non-Proliferation Treaty (NPT). This Act solves that problem by:\n\n- **Creating a legal \"safe harbour\"** — If specific conditions are met, decisions to approve exports to India are automatically deemed consistent with Australia's international treaty obligations\n- **Relying on alternative safeguards** — Instead of requiring India to join the NPT, the Act accepts India's separate agreements with the International Atomic Energy Agency (IAEA) as sufficient protection\n\n**The key conditions that must be met:**\n\n- The Australia-India nuclear cooperation agreement must be in force\n- India's agreement with the IAEA must be in force  \n- Decision-makers must be satisfied the material will actually be covered by IAEA safeguards once in India\n\n**In simple terms:** This law lets Australia sell uranium to India without breaking our promise to prevent nuclear weapons proliferation, provided India keeps the material under international inspection."}},"importantCases":[],"_links":{"self":"/api/acts/civil-nuclear-transfers-to-india-act-2016","history":"/api/acts/civil-nuclear-transfers-to-india-act-2016/history","analysis":"/api/acts/civil-nuclear-transfers-to-india-act-2016/analysis","conflicts":"/api/acts/civil-nuclear-transfers-to-india-act-2016/conflicts","importantCases":"/api/acts/civil-nuclear-transfers-to-india-act-2016/important-cases","documents":"/api/acts/civil-nuclear-transfers-to-india-act-2016/documents"}}