{"id":"F1996B02071","name":"Nuclear Non-Proliferation (Safeguards) Regulations 1987","slug":"nuclear-non-proliferation-safeguards-regulations-1987","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"75 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29195,"registerId":"commonwealth-F1996B02071-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulations","content":"#### 1 Name of regulations\n\n  These regulations are the Nuclear Non‑Proliferation (Safeguards) Regulations 1987.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  In these regulations, unless the contrary intention appears:\n\n> depleted uranium means uranium in which the abundance of the isotope uranium‑235 is less than that occurring in natural uranium.\n\n> the Act means the Nuclear Non‑Proliferation (Safeguards) Act 1987.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Prescribed international agreements","content":"#### 2A Prescribed international agreements\n\n  The international agreements specified in Schedule 1 are prescribed for the purposes of paragraph (b) of the definition of prescribed international agreement in subsection 4(1) of the Act.","sortOrder":2},{"sectionNumber":"2AB","sectionType":"section","heading":"Amendment to Physical Protection Convention","content":"#### 2AB Amendment to Physical Protection Convention\n\n  (1) For paragraph 4(3)(a) of the Act, the Amendment to the Convention on the Physical Protection of Nuclear Material as adopted in the Final Act of the Conference of the International Atomic Energy Agency dated 8 July 2005, has effect.\n  (2) The Amendment comes into force 30 days after two thirds of all State Parties have deposited their instruments of ratification, acceptance or approval with the depositary, in accordance with Article 20 of the Physical Protection Convention.","sortOrder":3},{"sectionNumber":"2AC","sectionType":"section","heading":"Amendments to Agreement between the Government of Australia and the Government of Japan for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982","content":"#### 2AC Amendments to Agreement between the Government of Australia and the Government of Japan for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982\n\n  For paragraph 4(3)(a) of the Act, the following amendments have effect:\n    (a) Exchange of Notes dated 23 November 2006 constituting an Agreement between the Government of Australia and the Government of Japan to amend, by replacing the Delineated and Recorded Japanese Nuclear Fuel Cycle Program, the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;\n    (b) Exchange of Notes dated 1 August 2000 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;\n    (c) Exchange of Notes dated 10 September 1999 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982.","sortOrder":4},{"sectionNumber":"2B","sectionType":"section","heading":"Supplementary Agency Agreements","content":"#### 2B Supplementary Agency Agreements\n\n  A Supplementary Agency Agreement mentioned in an item in Schedule 2 has effect, for the purposes of the Act, from the day mentioned in column 3 of the item.","sortOrder":5},{"sectionNumber":"3","sectionType":"section","heading":"Nuclear material to which Part II of the Act does not apply","content":"#### 3 Nuclear material to which Part II of the Act does not apply\n\n  (1) For the purposes of paragraph 9(c) of the Act, each of the following kinds of nuclear material is nuclear material of a kind to which Part II of the Act does not apply:\n    (a) depleted uranium that is contained in:\n    (i) counterweights installed in aircraft, other than Australian aircraft, in transit through Australia; or\n    (ii) the keels of ships, other than Australian ships, in transit through Australia;\n    (b) thorium that is incorporated in:\n    (i) an incandescent gas mantle;\n    (ii) an electric light bulb;\n    (iii) an electronic component;\n    (iv) a welding rod; or\n    (v) a finished aircraft part;\n    (c) source material that is incorporated in:\n    (i) the glazing of a finished ceramic product; or\n    (ii) an alloy in the form of a finished constructional product, being an alloy the source material component of which is not more than 4% by weight of uranium or thorium;\n    (d) source material that is contained in:\n    (i) a chemical mixture, compound or solution, or an alloy, in which the uranium or thorium content by weight is less than 0.05% of the weight of the mixture, compound, solution or alloy;\n    (ii) a prescribed chemical mixture, compound or solution in a quantity not exceeding 10 kilograms element weight of uranium or thorium; or\n    (iii) a prescribed alloy in a quantity not exceeding 10 kilograms element weight of uranium or thorium;\n    (e) uranium ore concentrates extracted in Australia and containing not more than 10 kilograms element weight of uranium;\n    (f) thorium concentrates extracted in Australia and containing not more than 10 kilograms element weight of thorium.\n  (2) In this regulation, a reference to a prescribed chemical mixture, compound or solution shall be read as a reference to a chemical mixture, compound or solution that is not:\n    (a) intended for use for the purposes of a nuclear activity;\n    (b) of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or\n    (c) subject to the provisions of the Agency Agreement or a prescribed international agreement.\n  (3) In this regulation, a reference to a prescribed alloy shall be read as a reference to an alloy that is not:\n    (a) intended for use for the purposes of a nuclear activity;\n    (b) of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or\n    (c) subject to the provisions of the Agency Agreement or a prescribed international agreement.","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Notification of grant, variation or revocation of permit or authority","content":"#### 4 Notification of grant, variation or revocation of permit or authority\n\n  (1) For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the grant of a permit or authority:\n    (a) the name and address of the person to whom the permit or authority is granted;\n    (b) the number of the permit or authority;\n    (c) the nature of the permit or authority;\n    (d) the date of grant of the permit or authority;\n    (e) the period for which the permit or authority is to have effect.\n  (2) For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the variation of a permit or authority:\n    (a) the name and address of the person to whom the permit or authority was granted;\n    (b) the number of the permit or authority;\n    (c) the nature of the permit or authority;\n    (d) the day on which the permit or authority as originally granted took effect;\n    (e) the day on which the variation took effect.\n  (3) For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the revocation of a permit or authority:\n    (a) the name and address of the person to whom the permit or authority was granted;\n    (b) the number of the permit or authority;\n    (c) the nature of the permit or authority;\n    (d) the day on which the permit or authority as originally granted took effect;\n    (e) the day on which any variation of the permit or authority took effect;\n    (f) the day on which the revocation of the permit or authority took effect.","sortOrder":7},{"sectionNumber":"4A","sectionType":"section","heading":"Possession of nuclear material by carriers","content":"#### 4A Possession of nuclear material by carriers\n\n  (1) For the purposes of subsection 24(1) of the Act, the following kinds of nuclear material are prescribed:\n    (a) source material, other than source material consisting of or containing:\n    (i) 1000 or more kilograms element weight of depleted uranium;\n    (ii) 500 or more kilograms element weight of natural uranium; or\n    (iii) 1000 or more kilograms element weight of thorium;\n    (b) special fissionable material in a quantity not exceeding one gram isotope weight of plutonium—239, uranium—233 and uranium—235.\n  (2) For the purposes of subsection 24(1) of the Act, the following kinds of associated items are prescribed:\n    (a) deuterium or heavy water in a quantity not exceeding 200 kilograms weight of deuterium atoms;\n    (b) nuclear grade graphite in a quantity not exceeding 30 tonnes.\n  (3) In this regulation:\n\n> heavy water means a deuterium compound in which the ratio of deuterium to hydrogen exceeds the ratio 1 to 5000.\n\n> nuclear grade graphite means graphite having a purity level better than 5 parts per million boron equivalent and a density of more than 1.5 grams per cubic centimetre.","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Information in relation to design for construction or modification of nuclear facility","content":"#### 5 Information in relation to design for construction or modification of nuclear facility\n\n  For the purposes of paragraph 29(2)(b) of the Act, the prescribed period is 60 days.","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Charge payable by producers of uranium ore concentrates","content":"#### 6 Charge payable by producers of uranium ore concentrates\n\n  For the purposes of paragraph 69A(2)(b) of the Act, the amount of charge payable in a financial year by a person referred to in subsection 69A(1) of the Act is the lesser of:\n    (a) 15.1953 cents per kilogram of uranium in the uranium ore concentrates produced by the person in the previous financial year; and\n    (b) $500,000.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Application of the Nuclear Non‑Proliferation (Safeguards) Amendment Regulations 2023","content":"#### 7 Application of the Nuclear Non‑Proliferation (Safeguards) Amendment Regulations 2023\n\n  The amendment of paragraph 6(a) made by the Nuclear Non‑Proliferation (Safeguards) Amendment Regulations 2023 applies in relation to charge payable in the 2023‑24 financial year and later financial years.","sortOrder":11}],"analysis":{"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations primarily implement and update technical and administrative details of the Nuclear Non‑Proliferation (Safeguards) Act: they prescribe which international agreements and agency arrangements apply, set exclusions and quantitative thresholds, detail notification content, set a producer charge and its application date. The changes recorded (including the 2005 amendment reference, bilateral amendments with Japan, and the 2023 fee amendment application clause) are updates and clarifications that refine implementation rather than a material expansion beyond the Act’s original purpose of giving effect to non‑proliferation safeguards and related administrative arrangements."},"complexity_factors":["Multiple cross-references to the parent Act (sections 4(1), 4(3)(a), 9(c), 20(2), 24(1), 29(2)(b), 69A)","Nested exceptions and conditional tests in Regulation 3, with numerical thresholds and three follow-up sub-tests (regs 3(1)–3(3))","References to external instruments and their entry-into-force mechanics (reg 2AB) and several bilateral amendments (reg 2AC)","Schedules referenced but not reproduced in the body (Schedules 1 and 2), requiring readers to consult separate material","Numeric and technical limits (percentages, element-weight kilogram caps, isotope weights, purity levels) that require technical interpretation and measurement","Temporal application clause for the 2023 amendment to the fee (reg 7)","Multiple definitions spread across different regulations (interpretation in reg 2 and technical definitions in reg 4A), increasing navigation effort","Mixed administrative, technical and international law content in a short instrument (operational rules, fees, treaty implementation)"],"plain_english_summary":"**What these regulations do (mechanically)\n\n- Name and interpretation: The instrument gives the regulations a formal name and defines a small number of technical terms used in the regulations, including \"depleted uranium\" and, later, technical meanings for \"heavy water\" and \"nuclear grade graphite\" (regs 1, 2, reg 4A). \n\n- Prescribe international instruments and amendments: It lists (by reference to Schedules) which international agreements and agency-related agreements count as \"prescribed international agreements\" or take effect for the purposes of the parent Act (regs 2A, 2AB, 2AC, 2B). One example is the Amendment to the Convention on the Physical Protection of Nuclear Material (reg 2AB), which the regulations record as having effect once it enters into force internationally.\n\n- Exclusions from Part II safeguards (materials not covered by Part II): The regulations specify types of nuclear material and small quantities that are treated as \"not subject\" to Part II of the Act (so those safeguards and associated controls don’t apply to these items). Examples include depleted uranium in certain aircraft counterweights in transit, thorium in light bulb filaments or finished aircraft parts, small quantities of uranium or thorium in alloys or ceramic glazes, and uranium/thorium concentrates extracted in Australia containing up to 10 kilograms element weight (reg 3 and its subparagraphs).\n\n- Notification details for permits/authorities: The regulations prescribe what information must be included when the regulator notifies the public (or others) about the grant, variation or revocation of a permit or authority under the Act — e.g. name/address of the holder, permit number, nature of permit, dates and period of effect (reg 4).\n\n- Possession limits for carriers: For the purposes of the Act’s provision about carriers, the regulations define which quantities and kinds of nuclear material and associated items (e.g. deuterium/heavy water up to a limit, nuclear-grade graphite up to a limit) are the kinds a carrier may possess under the relevant Act provision (reg 4A).\n\n- Timeframe for design information: The prescribed period within which information about the design for construction or modification of a nuclear facility must be provided is 60 days (reg 5).\n\n- Charge on producers of uranium ore concentrates: The regulations set an annual fee payable by uranium ore concentrate producers. The charge is the lesser of a per‑kilogram rate (15.1953 cents per kg of uranium in the concentrates produced in the previous financial year) and an upper cap of $500,000. An amendment made in 2023 applies from the 2023–24 financial year onward (regs 6–7).\n\nWho is affected and who decides\n\n- Affected parties: mining companies that produce uranium ore concentrates (they pay the charge); carriers of foreign aircraft and ships in transit that carry certain depleted uranium counterweights or keels; manufacturers and users of consumer and industrial goods that contain trace amounts of source material or thorium (light bulbs, welding rods, alloys, ceramic glazes); operators or applicants for permits and authorities under the parent Act (they trigger notification obligations); and parties to the international or agency agreements referenced in the Schedules.\n\n- Decision-makers and administrative actors: The Act’s regulator (and the relevant Minister or delegated official under the Act) administers permits, notifications and charges, and the regulations tell the regulator what to publish and what numerical thresholds apply. International entry-into-force dates are set by the relevant treaty procedures (reg 2AB). Supplementary Agency Agreements listed in Schedule 2 take effect from the dates set in that Schedule (reg 2B).\n\nWhy these provisions matter (stated purpose and operational effects)\n\n- Stated or apparent purpose: The regulations implement and detail how Australia operates its safeguards and compliance obligations under the Nuclear Non‑Proliferation (Safeguards) Act—by (1) identifying which international instruments are relevant, (2) setting practical thresholds and exclusions so that very small quantities or certain uses of nuclear-related materials are not treated as subject to Part II safeguards, (3) prescribing administrative details (notification content, timeframes) and (4) fixing a producer charge.\n\n- Practical effects and trade-offs (testing the purpose against costs and incentives):\n  - Reducing compliance burden: The exclusions in reg 3 remove Part II safeguards obligations for specified small quantities and common industrial/consumer uses (e.g. light bulb mantles, alloys, glazing). That reduces reporting, monitoring and possibly licensing costs for manufacturers, distributors and carriers who deal with trace or industrial uses of source material and thorium.\n  - Measurement and verification costs: To rely on exclusions, businesses must know composition and quantity thresholds (e.g. % by weight, \"element weight\" kilogram limits). That creates a compliance task—measuring, certifying, and retaining records to prove an item falls within an exclusion. Those recordkeeping and testing costs are borne by private parties and may fall disproportionately on smaller suppliers. (See reg 3 and subsection definitions in regs 3(2)–(3).)\n  - Concentrated vs diffuse impacts: The annual charge in reg 6 concentrates costs on uranium concentrate producers. The charge is proportional to production but capped, which shields very large producers from unlimited exposure while making small producers pay modest amounts. The cap creates potential cross-subsidies: producers near the cap effectively pay a lower per‑kg burden relative to the uncapped rate.\n  - Implementation discretion and international obligations: The regulations incorporate or give effect to particular international amendments and bilateral amendments (regs 2AB, 2AC). That binds Australia to treaty or agency arrangements; domestic officials must track entry-into-force conditions and apply them when those external conditions occur. This creates an administrative dependence on external ratification processes.\n  - Carrier convenience vs security monitoring: Reg 4A specifies limited quantities carriers may possess without triggering broader controls, reducing friction for transit of foreign aircraft/ships. That eases logistics but requires customs/carrier officials to be able to verify thresholds in practice.\n\nCompliance and operational risks\n\n- Need for precise measurement and recordkeeping: Many exclusions and limits are quantity- or purity-based (e.g. 0.05% weight threshold, 10 kg element weight limits, 1 gram isotope weight for certain fissile isotopes). Firms must have the capacity to test and document compliance.\n- Boundary or substitution effects: Items narrowly excluded (e.g. \"finished constructional product\" alloys with <=4% source material) could be reformulated by suppliers to fit exclusions or, conversely, suppliers might unintentionally exceed thresholds and become subject to safeguards.\n- Administrative burden on regulator: The regulator must maintain lists of prescribed agreements (Schedules), track international entry-into-force dates for amendments, and enforce notification and charging rules.\n\nKey sections to consult when operationalising these rules\n\n- Exclusions from Part II safeguards: reg 3 and regs 3(2)–(3)\n- Carrier possession limits: reg 4A\n- Producer charge: reg 6 and application of 2023 amendment: reg 7\n- Notification particulars for permits: reg 4\n- Timeframe for providing design information: reg 5\n- Prescribed international agreements and agency amendments: regs 2A, 2AB, 2AC, 2B\n\nOverall, the regulations translate the parent Act’s high‑level obligations into specific technical thresholds, administrative requirements and a fee formula. They shift compliance and verification effort to regulated entities where precise weight, composition and purity determinations are required, while reducing formal safeguards for small quantities and certain common industrial uses (reg 3)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose of implementing Australia's nuclear safeguards obligations. The 2023 amendment updating the charge rate (regulation 7) and various updates to international agreements (regulations 2A, 2AB, 2AC, 2B) represent normal maintenance of the regulatory framework rather than scope creep. The core structure—exemptions for low-risk materials, permit notifications, and carrier thresholds—remains focused on the original safeguards purpose."},"complexity_factors":["Multiple nested definitions and cross-references to the parent Act (Nuclear Non-Proliferation (Safeguards) Act 1987)","Technical scientific terminology requiring specialist knowledge (isotope weights, element weights, deuterium ratios, boron equivalent measurements)","Numerous quantitative thresholds creating conditional exemptions (e.g., 'not more than 4% by weight', 'less than 0.05%', 'not exceeding 10 kilograms', '1000 or more kilograms')","Double-negative construction in regulation 2(2) and 2(3) defining 'prescribed' mixtures by what they are NOT intended for","Regulation 3 contains six separate exemption categories with multiple sub-points, each with distinct conditions","References to external documents (Schedule 1, Schedule 2, specific treaty amendments) not contained in the provided text"],"plain_english_summary":"These regulations set out the detailed rules for Australia's nuclear safeguards system, which ensures nuclear materials and technology are used only for peaceful purposes and don't contribute to weapons programs.\n\n**What this legislation does:**\n\n- **Defines key terms** for the main Act, including what counts as \"depleted uranium\" (uranium with less of the radioactive isotope U-235 than found in nature).\n\n- **Lists international agreements** that Australia participates in, including treaties with the International Atomic Energy Agency (IAEA) and bilateral agreements with countries like Japan for peaceful nuclear cooperation.\n\n- **Exempts certain materials from strict controls** where the risk of weapons proliferation is minimal, such as:\n  - Depleted uranium used as ballast in foreign aircraft or ships passing through Australia\n  - Thorium in gas mantles, light bulbs, and welding rods\n  - Small quantities of uranium in ceramics and certain alloys\n  - Limited amounts of uranium ore concentrates\n\n- **Sets thresholds for carrier possession** allowing transport companies to handle small amounts of nuclear material and related items (like heavy water or special graphite) without needing a full permit.\n\n- **Specifies notification requirements** detailing what information must be published when the government grants, varies, or cancels permits for handling nuclear material.\n\n- **Sets a charge (fee)** on uranium producers, calculated per kilogram of uranium produced (capped at $500,000 per year).\n\n**Who it affects:**\n- Uranium mining companies operating in Australia\n- Companies transporting nuclear materials\n- Businesses handling small amounts of exempted nuclear materials (like thorium in industrial products)\n- International partners in Australia's nuclear cooperation agreements\n\n**Why it matters:**\nThese regulations provide the practical detail that makes Australia's nuclear non-proliferation commitments work on the ground. They balance strict controls on dangerous materials with practical exemptions for low-risk uses, ensuring Australia meets its international obligations while allowing legitimate industry to operate."}},"importantCases":[],"_links":{"self":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987","history":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987/history","analysis":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987/analysis","conflicts":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987/conflicts","importantCases":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987/important-cases","documents":"/api/acts/nuclear-non-proliferation-safeguards-regulations-1987/documents"}}