Nuclear Non-Proliferation (Safeguards) Act 1987

Part I—Preliminary

1 Short title

This Act may be cited as the Nuclear Non‑Proliferation (Safeguards) Act 1987.

2 Commencement

(1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

3 Objects of Act

(1) The principal object of this Act is to give effect to certain obligations that Australia has as a party to the Non‑Proliferation Treaty, the Agency Agreement, the Supplementary Agency Agreements and the prescribed international agreements. (2) A further object of this Act is to give effect to certain obligations that Australia has as a party to the Physical Protection Convention. (3) A further object of this Act is to give effect to certain obligations that Australia has as a party to the Nuclear Terrorism Convention.

4 Interpretation

(1) In this Act, unless the contrary intention appears:

Agency means the International Atomic Energy Agency established by the Agency Statute.

Agency Agreement means the Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non‑Proliferation of Nuclear Weapons, being the Agreement which was signed on behalf of Australia on 10 July 1974, a copy of which is set out in Schedule 3, and:

(a) subject to subsection (3), includes that Agreement as amended from time to time; and
(b) subject to section 4A, includes that Agreement as modified from time to time by the Supplementary Agency Agreements.

Agency inspector means a person declared, pursuant to subsection 57(2), to be an Agency inspector for the purposes of this Act.

Agency Statute means the Statute of the International Atomic Energy Agency, being the Statute which was signed on behalf of Australia on 14 December 1956 and, subject to subsection (3), includes that Statute as amended from time to time.

amendment, in relation to a document, means an amendment of the text of the document.

appoint includes re‑appoint.

approved form means a form approved by the Minister.

article includes document, substance or equipment.

associated equipment means equipment or plant that:

(a) is specially designed, manufactured or built for use, or is specially suited (whether with or without modification or adaptation) for use, in:
(i) nuclear activities; or
(ii) the production of nuclear weapons or other nuclear explosive devices; and
(b) is included in a class of equipment or plant that is declared by the Minister, in writing, to be associated equipment for the purposes of this definition;

and includes a component or part of such equipment or plant.

associated item means:

(a) associated material;
(b) associated equipment; or
(c) associated technology.

associated material means any material (other than nuclear material, associated equipment or associated technology) that:

(a) is of a kind specially suited for use in nuclear activities, the construction of a nuclear reactor or the production of nuclear weapons or other nuclear explosive devices; and
(b) is included in a class of material that is declared by the Minister, in writing, to be associated material for the purposes of this definition.

associated technology means any document that contains information (other than information that is lawfully available, whether within Australia or outside Australia and whether for a price or free of charge, to the public or a section of the public):

(a) that is applicable primarily to the design, production, operation, testing or use of:
(i) equipment or plant for:
(A) the enrichment of nuclear material;
(B) the reprocessing of irradiated nuclear material; or
(C) the production of heavy water; or
(ii) nuclear weapons or other nuclear explosive devices; or
(b) to which a prescribed international agreement applies and that is of a kind declared by the Minister, in writing, to be information to which this definition applies;

and includes any photograph, model or other thing from which such information may be obtained or deduced.

Australian aircraft means:

(a) an aircraft registered, or required to be registered, under regulations made under the Civil Aviation Act 1988; or
(b) an aircraft that is owned by, or is in the possession or control of, the Commonwealth or an authority of the Commonwealth; or
(c) an aircraft of any part of the Defence Force (including an aircraft that is being commanded or piloted by a member of that Force in the course of the member’s duties as such a member).

Australian safeguards system means the system of accounting for and control of nuclear material and associated items that is established by:

(a) this Act;
(b) the regulations; and
(c) orders and directions under section 73.

Australian ship means:

(a) a ship registered in Australia; or
(b) an unregistered ship that has Australian nationality.

authority means an authority granted under section 18.

Commonwealth officer means:

(a) a person appointed or engaged under the Public Service Act 1999; or
(b) an officer or employee of a prescribed authority of the Commonwealth;
(c) the holder of an office established by a law of the Commonwealth; or
(d) a member of the Defence Force.

containment device means a wall, container or other physical barrier, or other device, that is being used, pursuant to a condition of a permit or pursuant to an order or direction under section 73, to prevent, restrict or control the movement of or access to:

(a) nuclear material or an associated item; or
(aa) a nuclear facility; or
(b) information relating to:
(i) the location of nuclear material or an associated item or the quantity of nuclear material or associated material at a particular location; or
(ii) the safeguards aspects of the design or operation of a nuclear facility, containment device or surveillance device.

Director means the Director of Safeguards.

enrich, in relation to nuclear material, means increase:

(a) the abundance in the material of one isotope of an element in relation to the abundance of another isotope or other isotopes of that element; or
(b) the ratio in the material of one isotope of an element to the total of the isotopes of that element.

Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.

identity card means an identity card issued under section 58.

Immigration Minister means the Minister administering the Migration Act 1958.

inspector means a person appointed as an inspector under subsection 57(1).

international agreement includes an international treaty or convention.

international organisation means:

(a) an organisation of which 2 or more countries, or the Governments of 2 or more countries, are members;
(b) an organisation that is constituted by the representatives of 2 or more countries, or the Governments of 2 or more countries; or
(c) an organisation established by, or a group of organisations constituted by:
(i) organisations of which 2 or more countries, or the Governments of 2 or more countries, are members; or
(ii) organisations that are constituted by the representatives of 2 or more countries, or the Governments of 2 or more countries.

Non‑Proliferation Treaty means the Treaty on the Non‑Proliferation of Nuclear Weapons, being the Treaty which was signed on behalf of Australia on 27 February 1970, a copy of the English text of which is set out in Schedule 2, and, subject to subsection (3), includes that Treaty as amended from time to time.

nuclear activities means:

(a) the operation of a nuclear reactor, whether for the purposes of generating power or otherwise;
(b) the enrichment of nuclear material;
(c) the reprocessing of irradiated nuclear material; or
(d) any other activity (including storage) that forms part of the nuclear fuel cycle.

nuclear facility means a facility within the meaning of the Agency Agreement.

nuclear fuel cycle has the same meaning as it has when used in the Agency Agreement.

nuclear material has the same meaning as in the Agency Agreement.

Nuclear Terrorism Convention means the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005, as amended and in force for Australia from time to time.

Note: In 2012, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

offence against this Act includes:

(a) an offence against the regulations;
(b) an offence against section 6 of the Crimes Act 1914 in relation to an offence against this Act or the regulations; and
(c) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code in relation to an offence against this Act or the regulations.

permit means a permit under section 13, 16, 16A or 16B.

Physical Protection Convention means the Convention on the Physical Protection of Nuclear Material, being the Convention which was signed on behalf of Australia on 22 February 1984, a copy of the English text of which is set out in Schedule 4, and, subject to subsection (3), includes that Convention as amended from time to time.

prescribed authority of the Commonwealth means an authority of the Commonwealth prescribed by the regulations for the purposes of this definition.

prescribed international agreement means:

(a) an agreement the title of which is set out in Schedule 5; or
(b) an agreement between Australia and a foreign country or foreign countries in relation to nuclear safeguards or the peaceful use of nuclear material or associated items, being an agreement that is prescribed by the regulations for the purposes of this definition;

and, subject to subsection (3), includes such an agreement as amended from time to time.

Register means the Register of Permit and Authority Holders kept in accordance with section 69.

reprocess, in relation to irradiated nuclear material, means separate uranium or plutonium from fission products in the material.

Supplementary Agency Agreement has the meaning given by section 4A.

surveillance device means a seal, camera, closed‑circuit television system or other device that is being used, pursuant to a condition of a permit or pursuant to an order or direction under section 73, to detect:

(a) movements of nuclear material or an associated item; or
(aa) movements of a person or thing past or through a containment device; or
(ab) circumvention of a containment device or surveillance device; or
(b) interference with a containment device or surveillance device; or
(c) the falsification of records relating to:
(i) the location of nuclear material or an associated item; or
(ii) the quantity of nuclear material or associated material at a particular location.

(2) A reference in the definition of prescribed international agreement in subsection (1) to a foreign country includes a reference to an international organisation. (3) An amendment to the Agency Agreement, the Agency Statute, the Non‑Proliferation Treaty, the Physical Protection Convention or a prescribed international agreement: (a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and (b) takes effect for the purposes of this Act from the day on which the regulations referred to in paragraph (a) take effect or such later day as is specified in those regulations. (4) Where the Board of Governors of the Agency makes a determination of the kind referred to in the definition of special fissionable material, or source material, in Article XX of the Agency Statute (a copy of the English text of which is set out in Schedule 1), the determination does not have effect for the purposes of this Act unless and until the regulations declare that the determination is to have effect for the purposes of this Act. (5) Where regulations are made for the purposes of subsection (4) in relation to a determination of the Board of Governors of the Agency, the determination shall be taken, for the purposes of the definition of nuclear material in the Agency Agreement, to be accepted by Australia. (6) Where a person gives another person, or allows another person to take, possession of associated technology, the first‑mentioned person shall, for the purposes of this Act, be taken to have communicated to that other person the information that is contained in, or that may be obtained or deduced from, that associated technology. (7) Declarations made under the definitions of associated equipment, associated material and associated technology in subsection (1) are legislative instruments. (10) A reference in this Act to an inspection by an Agency inspector includes a reference to access by the inspector.

4A Supplementary Agency Agreements

(1) For the purposes of this Act, Supplementary Agency Agreement means an IAEA agreement that is additional to the Agency Agreement, and includes such an IAEA agreement as amended from time to time. (2) An IAEA agreement, or an amendment of an IAEA agreement, does not have effect for the purposes of this Act unless the agreement or amendment, as the case may be, is declared by the regulations to have effect for the purposes of this Act. (3) An IAEA agreement, or an amendment of an IAEA agreement, takes effect for the purposes of this Act from: (a) the day on which the regulations referred to in subsection (2) take effect; or (b) such later day as is specified in those regulations. (4) In this section:

IAEA agreement means an agreement between Australia and the International Atomic Energy Agency, but does not include:

(a) the Agency Agreement; or
(b) an agreement that amends the Agency Agreement.

5 Conduct by directors, employees or agents

(1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, employee or agent of the body corporate, being a director, employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (2) Any conduct engaged in on behalf of a body corporate: (a) by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent; shall be deemed, for the purposes of this Act, to have been engaged in by the body corporate. (3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that an employee or agent of the person, being an employee or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind. (4) Conduct engaged in on behalf of a person other than a body corporate: (a) by an employee or agent of the person within the scope of his or her actual or apparent authority; or (b) by any other person at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the first‑mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent; shall be deemed, for the purposes of this Act, to have been engaged in by the first‑mentioned person. (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for the person’s intention, opinion, belief or purpose. (6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

6 Act to extend to external Territories

This Act extends to every external Territory.

7 Act binds the Crown

(1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence.

8 Application of Act (other than Division 2A of Part III)

(1A) This section does not apply in relation to Division 2A of Part III (which deals with offences relating to the Nuclear Terrorism Convention). (1) The provisions of this Act have effect in relation to all nuclear material. (2) The provisions of this Act have effect in relation to all associated items. (3) Without prejudice to their effect by virtue of subsection (2), the provisions of this Act have effect in relation to an associated item: (a) control of which is appropriate to give effect to obligations that Australia has as a party to the Non‑Proliferation Treaty, the Agency Agreement, a Supplementary Agency Agreement or a prescribed international agreement (including the obligation that Australia has under Article II of the Non‑Proliferation Treaty not to manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices); (b) that is owned by, or is in the possession or control of, a trading corporation or foreign corporation; (c) that is situated in a Territory or is owned by or in the possession or control of: (i) a resident of a Territory; or (ii) a corporation established by or under a law of a Territory; (d) that is in the course of trade or commerce: (i) between Australia and places outside Australia; (ii) among the States; or (iii) within a Territory, between a State and a Territory or between 2 Territories; (e) that is supplied to the Commonwealth or an authority or instrumentality of the Commonwealth; (f) that is owned by, or is in the possession or control of, the Commonwealth or an authority or instrumentality of the Commonwealth; or (g) that is in the course of transmission through postal, telegraphic, telephonic or a like service. (4) Without prejudice to their effect by virtue of subsection (3), the provisions of this Act have effect in relation to an associated item that is owned by, or is in the possession or control of, a trading corporation in the course of the trading activities of the trading corporation. (5) Without prejudice to their effect by virtue of subsection (2), the provisions of this Act have effect in relation to an associated item control of which is appropriate to give effect to obligations that Australia has as a party to the Physical Protection Convention. (6) The provisions of this Act have effect in relation to all information of the kinds referred to in the definition of associated technology in subsection 4(1). (7) Without prejudice to their effect by virtue of subsection (6), the provisions of this Act have effect in relation to information of the kinds referred to in the definition of associated technology in subsection 4(1): (a) control of which is appropriate to give effect to obligations that Australia has as a party to the Non‑Proliferation Treaty, the Agency Agreement or a prescribed international agreement (including the obligation that Australia has under Article II of the Non‑Proliferation Treaty not to manufacture or otherwise acquire nuclear weapons or other explosive nuclear devices); (b) communicated by a trading corporation or foreign corporation; (c) communicated in a Territory or communicated by: (i) a resident of a Territory; or (ii) a corporation established by or under a law of a Territory; (d) communicated in the course of trade or commerce: (i) between Australia and places outside Australia; (ii) among the States; or (iii) between a State and a Territory or between 2 Territories; (e) communicated by an authority or instrumentality of the Commonwealth; or (f) communicated in the course of transmission through postal, telegraphic, telephonic or a like service. (8) Without prejudice to their effect by virtue of subsection (7), the provisions of this Act have effect in relation to information of the kinds referred to in the definition of associated technology in subsection 4(1) communicated by a trading corporation in the course of the trading activities of the trading corporation. (9) Without prejudice to their effect by virtue of subsection (6), the provisions of this Act have effect in relation to information of the kinds referred to in the definition of associated technology in subsection 4(1) control of which is appropriate to give effect to obligations that Australia has as a party to the Physical Protection Convention. (10) In this section:

foreign corporation has the same meaning as in paragraph 51(xx) of the Constitution.

postal, telegraphic, telephonic or a like service has the same meaning as in paragraph 51(v) of the Constitution.

trading corporation means a trading corporation, within the meaning of paragraph 51(xx) of the Constitution, formed within the limits of the Commonwealth.

8A Application of the Criminal Code

Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Part II—Control of nuclear material, associated items and related facilities

9 Nuclear material to which this Part applies

This Part applies to all nuclear material other than: (a) nuclear material in respect of which a declaration under subsection 11(1) is in force; (b) nuclear material in respect of which a declaration under subsection 11(3) is in force; and (c) nuclear material that, in accordance with the regulations, is nuclear material of a kind to which this Part does not apply.

10 Associated items to which this Part applies

This Part applies to associated items other than: (a) items in respect of which a declaration under subsection 11(7) is in force; and (b) items that, in accordance with the regulations, are associated items of a kind to which this Part does not apply.

11 Exemption and termination declarations

(1) The Minister may, subject to subsection (2), declare, in writing, that nuclear material specified in the declaration is nuclear material that is exempt from the application of this Part. (2) The Minister shall not make a declaration under subsection (1) exempting nuclear material from the application of this Part unless: (a) the Agency has, in accordance with Articles 37 and 38 of the Agency Agreement, exempted the nuclear material from safeguards; and (b) the making of the declaration is not inconsistent with Australia’s obligations under any prescribed international agreement. (3) The Minister may, subject to subsection (4), declare, in writing, that the application of this Part to nuclear material specified in the declaration is terminated. (4) The Minister shall not make a declaration under subsection (3) terminating the application of this Part to nuclear material unless: (a) safeguards have, in accordance with Articles 11, 12, 13 and 36 of the Agency Agreement, terminated in respect of the nuclear material; and (b) the making of the declaration is not inconsistent with Australia’s obligations under any prescribed international agreement. (5) The Minister may, in writing, vary or revoke a declaration made under subsection (1) or (3). (6) The Minister shall revoke a declaration made under subsection (1) exempting nuclear material from the application of this Part if the nuclear material: (a) is processed or stored together with nuclear material to which this Part applies; or (b) is returned to use in nuclear activities. (7) The Minister may, subject to subsection (8), declare, in writing, that an associated item specified in the declaration is an associated item that is exempt from the application of this Part. (8) The Minister shall not make a declaration under subsection (7) exempting an associated item from the application of this Part unless the making of the declaration is not inconsistent with Australia’s obligations under any prescribed international agreement. (9) The Minister may, in writing, vary or revoke a declaration made under subsection (7). (10) A declaration, or a variation or revocation of a declaration, made under this section is a legislative instrument.

12 Application for permit

(1) A person may make application for the grant of a permit by lodging an application, in accordance with the approved form, with the Director. (2) Where a person makes application pursuant to subsection (1), the Director: (a) may, by notice in writing to the person, require the person to provide to the Director, within such period, being a period of not less than 14 days, as is specified in the notice, such information relating to the application as is specified in the notice; and (b) shall, after having considered the application and any information provided pursuant to paragraph (a), give a report in writing to the Minister in relation to the application. (3) Where a person who makes application pursuant to subsection (1) fails to comply with a request made by the Director pursuant to paragraph (2)(a), the Director shall include a statement giving particulars of that failure in the report made to the Minister in relation to the application pursuant to paragraph (2)(b).

13 Permit to possess nuclear material or associated items

(1) Subject to sections 14 and 15, the Minister may, in writing, grant to a person a permit to possess: (a) nuclear material; or (b) an associated item; to which this Part applies. (2) A permit under subsection (1) is granted subject to such restrictions and conditions as the Minister specifies in the permit. (3) Without limiting the generality of subsection (2), a permit under subsection (1) may be granted subject to restrictions and conditions in respect of one or more of the following: (a) the nuclear material, or the class of nuclear material, or the associated item or items, or the class of associated items, as the case requires, in relation to which the permit is to have effect; (b) the period for which the permit is to have effect; (c) the locations for which the permit is to have effect and the procedures to be followed if nuclear material or an associated item is to be transported from one location to another (including requirements for the giving of notice to the Minister, the Director or any carrier engaged by the holder of the permit); (d) the measures to be taken to ensure the physical security of nuclear material or an associated item; (da) the taking of measures that are consistent with Australia’s obligations under the Physical Protection Convention; (e) the persons, or class of persons, who are to be allowed access to nuclear material or an associated item and the conditions on which access to nuclear material or an associated item is to be allowed; (f) the steps to be taken, and the records to be kept, to account for nuclear material or an associated item; (g) the uses to which nuclear material or an associated item may be put; (h) the enrichment of nuclear material or the reprocessing of irradiated nuclear material; (j) the reports to be furnished, and the inspections to be permitted, in respect of nuclear material or an associated item; (k) the transfer by the holder of the permit to another person of property in, or possession or control of, nuclear material or an associated item; (m) if the permit is a permit to possess associated technology—the communication of the information contained in, or that may be obtained or deduced from, the associated technology; (n) the alteration, dispersal or disposal of nuclear material or an associated item; (o) if nuclear material or an associated item is to be held at a nuclear facility—the provision to the Director of information in order to allow inspectors or Agency inspectors to comply with health and safety procedures applicable at the facility. (4) Without limiting the generality of paragraph (3)(f), a condition of a permit under subsection (1) in respect of the records to be kept to account for nuclear material or an associated item may make provision in relation to: (a) the form and content of such records; (b) the period for which such records are to be kept; and (c) the system of measurement to be used in the preparation of such records. (5) Without limiting the generality of paragraph (3)(j), a condition of a permit under subsection (1) in respect of the reports to be furnished in respect of nuclear material or an associated item may make provision in relation to: (a) the form and content of such reports; (b) special reports to be made in relation to unusual or anomalous incidents or circumstances and the form and contents of such special reports; (c) the time within which such reports and special reports are to be made; and (d) the persons who are to verify or authenticate such reports and special reports. (6) Without limiting the generality of paragraph (3)(j), a condition of a permit under subsection (1) in respect of the inspections to be permitted in respect of nuclear material or an associated item may make provision in relation to inspections by Agency inspectors pursuant to the Agency Agreement or a Supplementary Agency Agreement. (7) Without limiting the generality of subsection (2), a condition in respect of the doing of an act or thing may be imposed by reference to the approval or consent of a specified person being obtained before the act or thing may be done. (8) A permit granted under subsection (1) shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 and to subsection 22(8) of this Act, application may be made to the Administrative Review Tribunal, by or on behalf of a person whose interests are affected by a decision by the Minister, pursuant to subsection (2) of this section, imposing a condition or restriction on the grant of a permit, for review of the decision. (9) A failure to comply with the requirements of subsection (8) in relation to a decision shall not be taken to affect the validity of the decision. (10) Subject to subsection 22(1), the Minister may, in writing, vary a permit granted under subsection (1). (11) A variation to a permit under subsection (10) takes effect on the day on which notice of the variation is given to the holder of the permit under subsection 22(1) or such later day as is specified in the instrument of variation.

14 Permit not to be granted to owner or operator of nuclear facility unless Director satisfied as to certain matters

The Minister shall not grant a permit under section 13 to the owner or operator of a nuclear facility unless the Director has included in the report made by the Director, pursuant to paragraph 12(2)(b), in relation to the application for the grant of the permit: (a) a statement to the effect that the Director is satisfied that the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 12(2)(a); and (b) a statement to the effect that the Director is satisfied that: (i) appropriate procedures can be applied at the facility for the implementation of the Australian safeguards system in relation to nuclear material and associated items to be located at the facility; and (ii) adequate physical security can be applied to nuclear material and associated items at the facility.

15 Permit not to be granted where nuclear material etc. to be held outside nuclear facility unless Director satisfied as to certain matters

Where nuclear material or an associated item is to be held otherwise than at a nuclear facility, the Minister shall not grant a permit under section 13 in relation to the nuclear material or associated item unless the Director has included in the report made by the Director, pursuant to paragraph 12(2)(b), in relation to the application for the grant of the permit a statement to the effect that the Director is satisfied that the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 12(2)(a).

16 Special transport permit

(1) The Minister may, in writing, grant to a person a permit to possess: (a) nuclear material; or (b) an associated item; to which this Part applies, being material or an item specified in the permit, for the purpose of transporting the material or item from a location specified in the permit to another location specified in the permit. (2) A permit under subsection (1) is granted subject to such restrictions and conditions as the Minister specifies in the permit. (3) Without limiting the generality of subsection (2), a permit under subsection (1) may be granted subject to restrictions and conditions in respect of: (a) the period for which the permit is to have effect; (b) the means, and the route, by which the nuclear material or associated item is to be transported; (c) the measures to be taken to ensure the physical security of the material or item; (d) the steps to be taken, and the records to be kept, to account for the material or item; and (e) the reports to be furnished in respect of the transport of the material or item. (4) Without limiting the generality of paragraph (3)(d), a condition of a permit under subsection (1) in respect of the records to be kept to account for nuclear material or an associated item may make provision in relation to: (a) the form and content of such records; (b) the period for which such records are to be kept; and (c) the system of measurement to be used in the preparation of such records. (5) Without limiting the generality of paragraph (3)(e), a condition of a permit under subsection (1) in respect of the reports to be furnished in respect of the transport of nuclear material or an associated item may make provision in relation to: (a) the form and content of such reports; (b) special reports to be made in relation to unusual or anomalous incidents or circumstances and the form and contents of such special reports; (c) the time within which such reports and special reports are to be made; and (d) the persons who are to verify or authenticate such reports and special reports. (6) Without limiting the generality of subsection (2), a condition in respect of the doing of an act or thing may be imposed by reference to the approval or consent of a specified person being obtained before the act or thing may be done. (7) A permit granted under subsection (1) shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 and to subsection 22(8) of this Act, application may be made to the Administrative Review Tribunal, by or on behalf of a person whose interests are affected by a decision by the Minister, pursuant to subsection (2) of this section, imposing a condition or restriction on the grant of a permit, for review of the decision. (8) A failure to comply with the requirements of subsection (7) in relation to a decision shall not be taken to affect the validity of the decision. (9) Subject to subsection 22(1), the Minister may, in writing, vary a permit granted under subsection (1). (10) A variation of a permit pursuant to subsection (9) takes effect on the day on which notice of the variation is given to the holder of the permit under subsection 22(1) or such later day as is specified in the instrument of variation.

16A Permit to establish facility

Grant of permit (1) The Minister may grant a written permit for work to be carried out to establish a facility described in paragraph 28A(1)(a), but only if the Director’s report under paragraph 12(2)(b) relating to the application for the permit states that the Director is satisfied that: (a) the applicant for the permit has provided the Director with all information the applicant was required under paragraph 12(2)(a) to provide in relation to the application; and (b) appropriate procedures could be applied at the facility for the implementation of the Australian safeguards system in relation to nuclear material and associated items to be stored or used at the facility; and (c) adequate physical security could be applied to nuclear material and associated items at the facility.

Note: Paragraph 28A(1)(a) describes the following facilities:

(a) a nuclear facility;
(b) a facility for the carrying out of nuclear activities;
(c) a facility for the use of associated equipment to which this Part applies.

Restrictions and conditions (2) The permit is granted subject to the restrictions and conditions specified in it. (3) The permit may specify restrictions and conditions in respect of: (a) design of the facility to facilitate: (i) the operation of the Australian safeguards system in relation to the facility; and (ii) the physical security of nuclear material or an associated item that is to be stored or used in the facility; and (b) inspection of the work and the facility by inspectors and Agency inspectors; and (c) reports relating to the work and the facility (including reports on incidents affecting the work or the facility). (4) A condition in respect of the doing of an act or thing may be specified by reference to the approval or consent of a specified person being obtained before the act or thing may be done. (5) Subsections (3) and (4) do not limit the restrictions and conditions that may be specified in the permit. Variation of permit (6) The Minister may vary in writing the permit. The variation takes effect on the day on which notice of the variation is given under subsection 22(1) to the holder of the permit or on a later day specified in the variation.

16B Permit to decommission facility

Grant of permit (1) The Minister may grant a written permit for work to be carried out to decommission the whole or a part of a facility described in paragraph 28A(1)(a), but only if the Director’s report under paragraph 12(2)(b) relating to the application for the permit states that the Director is satisfied that: (a) the applicant for the permit has provided the Director with all information the applicant was required under paragraph 12(2)(a) to provide in relation to the application; and (b) appropriate procedures could be applied for the implementation of the Australian safeguards system in relation to nuclear material and associated items that, during the decommissioning, are to be removed from the facility or otherwise dealt with; and (c) adequate physical security could be applied to nuclear material and associated items that, during the decommissioning, are to be removed from the facility or otherwise dealt with.

Note: Paragraph 28A(1)(a) describes the following facilities:

(a) a nuclear facility;
(b) a facility for the carrying out of nuclear activities;
(c) a facility for the use of associated equipment to which this Part applies.

Restrictions and conditions (2) The permit is granted subject to the restrictions and conditions specified in it. (3) The permit may specify restrictions and conditions in respect of: (a) inspection of the work and the facility by inspectors and Agency inspectors; and (b) reports relating to the work and the facility (including reports on incidents affecting the work or the facility). (4) A condition in respect of the doing of an act or thing may be specified by reference to the approval or consent of a specified person being obtained before the act or thing may be done. (5) Subsections (3) and (4) do not limit the restrictions and conditions that may be specified in the permit. Variation of permit (6) The Minister may vary in writing the permit. The variation takes effect on the day on which notice of the variation is given under subsection 22(1) to the holder of the permit or on a later day specified in the variation.

17 Application for authority to communicate information

(1) A person may make application for the grant of an authority under subsection 18(1) by lodging an application, in accordance with the approved form, with the Director. (2) Where a person makes application pursuant to subsection (1), the Director: (a) may, by notice in writing to the person, require the person to provide to the Director, within such period, being a period of not less than 14 days, as is specified in the notice, such information relating to the application as is specified in the notice; and (b) shall, after having considered the application and any information provided pursuant to paragraph (a), make a report in writing to the Minister in relation to the application. (3) Where a person who makes application pursuant to subsection (1) fails to comply with a request made by the Director pursuant to paragraph (2)(a), the Director shall include a statement giving particulars of that failure in the report made to the Minister in relation to the application pursuant to paragraph (2)(b).

18 Authority to communicate information

(1) Subject to subsection (2), the Minister may, in writing, authorise a person to communicate to another person information of a kind referred to in the definition of associated technology in subsection 4(1). (2) The Minister shall not grant an authority under subsection (1) unless the Director has included in the report made by the Director, pursuant to paragraph 17(2)(b), in relation to the application for the grant of the authority a statement to the effect that the Director is satisfied that the person applying for the grant of the authority has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 17(2)(a). (3) An authority under subsection (1) is granted subject to such restrictions and conditions as the Minister specifies in the authority. (4) Without limiting the generality of subsection (3), an authority under subsection (1) may be granted subject to restrictions and conditions in respect of: (a) the information, or the class of information, in relation to which the authority is to have effect; (b) the persons, or class of persons, to whom information may be communicated; (c) the period for which the authority is to have effect; and (d) conditions as to the giving of notice of, and the obtaining of consents for, the communication of information. (5) An authority granted under subsection (1) shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 and to subsection 22(8) of this Act, application may be made to the Administrative Review Tribunal, by or on behalf of a person whose interests are affected by a decision by the Minister, pursuant to subsection (3) of this section, imposing a condition or restriction on the grant of an authority, for review of the decision. (6) A failure to comply with the requirements of subsection (5) in relation to a decision shall not be taken to affect the validity of the decision. (7) Subject to subsection 22(1), the Minister may, in writing, vary an authority granted under subsection (1). (8) A variation of an authority pursuant to subsection (7) takes effect on the day on which notice of the variation is given to the holder of the authority under subsection 22(1) or such later day as is specified in the instrument of variation.

19 Revocation of permit or authority

(1) Subject to subsection 22(1), the Minister may, in writing, revoke a permit or authority if the holder of the permit or authority: (a) contravenes a condition, or fails to observe a restriction, subject to which the permit or authority is granted; (b) contravenes a direction given or an order made under section 73; or (c) is convicted of an offence against this Act. (2) Subsection (1) extends to a contravention or failure that occurs outside Australia. (3) The Minister shall revoke a permit or authority if the person to whom the permit or authority was granted requests the Minister, in writing, to do so. (4) The revocation of a permit or authority under this section takes effect: (a) in a case where the permit or authority is revoked under subsection (1)—on the day on which notice of the revocation is given to the holder of the permit or authority under subsection 22(1) or such later day as is specified in the instrument of revocation; or (b) in a case where the permit or authority is revoked under subsection (3)—on the day on which the instrument of revocation is executed or such later day as is specified in that instrument.

20 Notification of grant, variation or revocation of permit or authority

(1) Where the Minister grants, varies or revokes a permit or authority, the Minister shall publish notice in writing in the Gazette of the grant, variation or revocation, as the case may be. (2) A notice under subsection (1) in relation to the grant, variation or revocation of a permit or authority shall include such particulars in relation to the grant, variation or revocation, as the case may be, as are prescribed by the regulations or, in the absence of regulations prescribing such particulars, such particulars of the grant, variation or revocation, as the case may be, as the Minister thinks fit. (3) The grant, variation or revocation of a permit or authority shall not be called in question on the ground that there has been a failure to comply with subsection (1) or (2) of this section in relation to the grant, variation or revocation, as the case may be.

21 Effect of grant of permit or authority

The grant to a person of a permit or authority does not make it lawful for the person to do any act or thing that, apart from this Act, is unlawful under another law of the Commonwealth or under a law of a State or Territory.

22 Review of decisions

(1) Where: (a) the Minister makes a decision refusing to grant a permit or a decision under subsection 18(1) refusing to grant an authority; (b) a condition on the grant of a permit or of an authority under section 18 requires the approval or consent of a person specified in the permit or authority in respect of the doing of an act or thing and the person makes a decision refusing to give such an approval or consent; (c) the Minister makes a decision varying a permit or a decision under subsection 18(7) varying an authority; (d) the Director makes a decision not to include, in a report in relation to an application for a permit or authority, a statement of the kind referred to in paragraph 14(a) or (b) or section 15 or in subsection 16A(1), 16B(1) or 18(2), as the case requires; or (e) the Minister makes a decision under subsection 19(1) revoking a permit or authority; the person making the decision shall, not later than 30 days after the day on which the decision is made, give notice in writing of the decision and of the grounds for the decision to: (f) in a case to which paragraph (a) applies—the person who applied for the grant of the permit or authority; (g) in a case to which paragraph (b) or (c) applies—the holder of the permit or authority; (h) in a case to which paragraph (d) applies—the person who applied for the grant of the permit or authority; or (j) in a case to which paragraph (e) applies—the holder of the permit or authority. (2) A notice referred to in subsection (1) shall include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024 and to subsection (8) of this section, application may be made to the Administrative Review Tribunal for review of the decision to which the notice relates by or on behalf of a person whose interests are affected by the decision. (3) A failure to comply with the requirements of subsection (2) in relation to a decision shall not be taken to affect the validity of the decision. (4) Subject to subsection (8), an application may be made to the Administrative Review Tribunal for review of: (a) a decision of a kind referred to in subsection (1); (b) a decision by the Minister imposing a condition or restriction on the grant of a permit; (c) a decision by the Minister, pursuant to subsection 18(3), imposing a restriction or condition on the grant of an authority; or (d) a decision by the Minister, pursuant to section 73, giving directions to be complied with by the holder of a permit or authority. (5) The Minister may certify, in writing, that in his or her opinion it is in the public interest that responsibility for a decision of a kind referred to in subsection (1) or in paragraph (4)(b), (c) or (d) (whether a decision of the Minister or of another person) that is specified in the certificate should reside solely with the Minister and that the decision should not be reviewable by the Administrative Review Tribunal. (6) Where the Minister issues a certificate under subsection (5), the Minister shall include in the certificate a statement of the grounds on which the certificate is issued. (7) Where the Minister issues a certificate under subsection (5) in relation to a decision, the Minister shall give notice in writing of the issuing of the certificate to: (a) in a case where the decision is a decision of a kind referred to in subsection (1)—the person to whom notice of the making of the decision is required to be given in accordance with subsection (1); or (b) in a case where the decision is a decision of a kind referred to in paragraph (4)(b), (c) or (d)—the holder of the permit or authority, as the case requires. (8) While a certificate under subsection (5) is in force in relation to a decision, subsection (4) does not apply in relation to the decision. (9) The Minister shall cause a copy of a certificate issued under subsection (5) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which a certificate is issued. (10) In this section, decision has the same meaning as it has in the Administrative Review Tribunal Act 2024.