{"id":"F2005B01413","name":"Declaration of Exemptions under subsection 11(7) of the Nuclear Non-Proliferation (Safeguards) Act 1987 (May 1990)","slug":"declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32555,"registerId":"commonwealth-F2005B01413-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Declaration of Exemptions under subsection 11(7) of the Nuclear Non-Proliferation (Safeguards) Act 1987 (May 1990)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: DECLARATION\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\nDECLARATION\n\n \n\nPRIMARY INDUSTRIES AND ENERGY\n\n \n\nNuclear Non-Proliferation (Safeguards) Act 1987\n\n \n\nPursuant to sub-section 11 (7) of the Nuclear Non-Proliferation (Safeguards) Act 1987, I, JOHN CHARLES KERIN, Minister for Primary Industries and Energy, hereby declare that deuterium or heavy water and nuclear grade graphite, each being an associated item under the Act, which is not in or proposed for use in nuclear activities in Australia is exempt from the application of Part II of the Act.\n\n \n\n \n\n \n\n \n\n \n\nDated this Fourteenth day of May 1990\n\n \n\n \n\n \n\n \n\n \n\nJOHN CHARLES KERIN\n\nMinister for Primary Industries and Energy\n\n \n\n \n\n9056910\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This declaration operates exactly within its original intended scope under section 11(7) of the parent Act, which specifically empowers the Minister to exempt associated items from Part II of the Act. The exemption is narrow, conditional, and directly authorised by the primary legislation."},"complexity_factors":["Single operative provision: one exemption covering two specified materials","No defined terms section — relies on definitions in the parent Act","Single condition: materials must not be in or proposed for use in nuclear activities in Australia","No cross-references beyond the enabling provision (subsection 11(7))","Total length: approximately 150 words of substantive content","No subordinate legislation, schedules, or procedural requirements"],"plain_english_summary":"This is a **ministerial declaration** made in May 1990 that creates a specific exemption from Australia's nuclear safeguards laws.\n\n**What it does:**\nNormally, the *Nuclear Non-Proliferation (Safeguards) Act 1987* imposes strict controls on \"associated items\" — materials that can be used in nuclear activities but aren't nuclear fuel themselves. This declaration removes those controls for two specific materials:\n- **Deuterium** (also called heavy water — a form of water used in some nuclear reactors)\n- **Nuclear-grade graphite** (a special type of carbon used as a moderator in nuclear reactors)\n\n**The catch:** The exemption only applies if these materials are **NOT** currently being used, or planned to be used, in any nuclear activities in Australia. If they're destined for nuclear use, the normal rules still apply.\n\n**Who it affects:**\n- Companies or researchers importing, exporting, or holding deuterium/heavy water or nuclear-grade graphite\n- Anyone dealing with these materials for **non-nuclear purposes** (such as scientific research, industrial processes, or other non-reactor uses)\n\n**Why it matters:**\nThis declaration reduces red tape for legitimate non-nuclear uses of these materials. Without it, anyone handling heavy water or nuclear-grade graphite would need permits and face inspections under the safeguards regime — even if they were just using heavy water for chemistry experiments or graphite for industrial applications with no connection to nuclear power or weapons."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This declaration narrows the statutory scope of Part II by exempting deuterium (heavy water) and nuclear‑grade graphite that are not in and not proposed for use in nuclear activities in Australia. In effect, those two associated items are removed from Part II coverage while they meet the stated condition (see the declaration invoking subsection 11(7))."},"complexity_factors":["Narrow, single‑issue instrument: one paragraph does a single legal job (granting an exemption).","Cross‑reference to the Act: relies on subsection 11(7) and the meaning and obligations of Part II (external definitions and obligations not reproduced in the declaration).","Conditional phrasing: exemption applies only where items are \"not in or proposed for use in nuclear activities,\" which requires assessment of present and intended future use.","Administrative discretion: the declaration exercises ministerial power to grant exemptions, leaving practical administration and evidence standards to the responsible authority.","Ambiguity about proof and timing: the declaration does not specify procedures for determining or documenting whether an item is \"proposed for use,\" creating potential implementation questions."],"plain_english_summary":"This 14 May 1990 ministerial declaration exempts deuterium (heavy water) and nuclear‑grade graphite from Part II of the Nuclear Non‑Proliferation (Safeguards) Act 1987 — but only when those materials are not in, and are not proposed for use in, nuclear activities in Australia.  \n\nIt affects owners, traders and regulators by narrowing regulatory coverage and lowering compliance costs for exempted holdings, while leaving items intended for nuclear use subject to safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987","history":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987/history","analysis":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987/analysis","conflicts":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987/conflicts","importantCases":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987/important-cases","documents":"/api/acts/declaration-of-exemptions-under-subsection-11-7-of-the-nuclear-non-proliferation-safeguards-act-1987/documents"}}