5Functions of Organisation

#### 5 Functions of Organisation (1) The functions of the Organisation are: (a) to undertake research and development in relation to: (i) nuclear science and nuclear technology; and (ia) the application and use of nuclear science and nuclear technology; and (ii) the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; and (iii) such other matters as the Minister directs; and (b) to encourage and facilitate the application and use of the results of such research and development; and (ba) to condition, manage and store radioactive materials and radioactive waste, arising from: (i) the Organisation’s activities (including the production of radioactive materials for other persons); or (ii) the activities of companies in which the Organisation holds a controlling interest (including the production of radioactive materials for other persons); or (iii) the use by other persons of radioactive materials produced by the Organisation or such companies; or (iv) the activities of other persons who are specified in the regulations; and (bb) to condition, manage and store radioactive materials and radioactive waste generated, possessed or controlled by the Commonwealth or a Commonwealth entity; and (bc) to condition, manage and store radioactive materials and radioactive waste at the request of: (i) a law enforcement agency; or (ii) a Commonwealth, State or Territory agency responsible for the management of emergencies or disasters; including, but not limited to, radioactive materials or radioactive waste involved in, or arising out of, a radiological incident or a radiological emergency; and (bd) to condition, manage and store radioactive waste that has been, or is to be, sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel; and (c) to produce, acquire, provide and sell goods, and to provide services, that are: (i) in connection with the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; or (ia) in connection with the conditioning, management and storage of radioactive materials or radioactive waste; or (ib) in connection with nuclear science and nuclear technology; or (ic) in connection with the application and use of nuclear science and nuclear technology; or (ii) otherwise in connection with matters related to its activities; and (d) to act as a means of liaison between Australia and other countries in matters related to its activities; and (e) to provide advice on aspects of: (i) nuclear science and nuclear technology; and (ii) the application and use of nuclear science and nuclear technology; and (iii) other matters related to its activities; and (ea) to make available to other persons, whether or not on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Organisation by: (i) providing training and management expertise; or (ii) selling or leasing equipment; or (iii) leasing land, buildings and facilities; or (iv) taking any other action that the Organisation thinks appropriate; and > Note: See also subsection (4A) of this section and subsection 6(3). (f) to co‑operate with appropriate authorities of the Commonwealth, the States and the Territories, and with other organisations and institutions in Australia or elsewhere, in matters related to its activities; and (g) to publish scientific and technical reports, periodicals and papers on matters related to its activities; and (h) to collect and sell or distribute, as appropriate, information and advice on matters related to its activities; and (j) to arrange for training, and the establishment and award of scientific research studentships and fellowships, in matters related to its activities; and (k) to make grants in aid of research into matters related to its activities; and (m) to make arrangements with universities and other educational research institutions, professional bodies and other persons for the conduct of research or of other activities in matters related to its activities. (1A) A regulation made for the purposes of subparagraph (1)(ba)(iv) must not have the effect of authorising the premises on which the Lucas Heights Research Laboratories are situated to become a national nuclear waste repository. (1B) In subsection (1A): > national nuclear waste repository means a site chosen by the Commonwealth, after the commencement of this subsection, for the storage of nuclear waste with a view to it never being moved to another site. (1C) Without limiting paragraph 5(1)(bb): (a) radioactive materials and radioactive waste generated by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be generated by the Commonwealth or the Commonwealth entity, as the case requires; and (b) radioactive materials and radioactive waste possessed or controlled by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be possessed or controlled by the Commonwealth or the Commonwealth entity, as the case requires. (2) The Organisation shall not undertake research or development into the design or production of nuclear weapons or other nuclear explosive devices. (3) In undertaking its functions, the Organisation is to have regard to: (a) the Commonwealth Government’s national science, technology and energy policy objectives; and (b) the Commonwealth Government’s commercialisation objectives for public research institutions. (4) The Minister shall not give a direction under subparagraph (1)(a)(iii) to the Organisation to undertake research or development in relation to a matter unless the Minister is satisfied that research or development by the Organisation in relation to that matter would be an effective use of the staff of the Organisation, and would not duplicate unnecessarily any activity being carried on, or proposed to be carried on, by any other agency or authority of the Commonwealth. (4A) Without limiting paragraph (1)(ea), the Organisation may perform its function under that paragraph for the purposes of scientific research, innovation and training.