Nuclear Non-Proliferation (Safeguards) Act 1987

What Does It Require?

1. Permits to Possess Nuclear Material

You cannot legally possess nuclear material or related equipment without a permit from the Minister. Permits come with strict conditions about:

• Where the material can be kept
• Who can access it
• How it must be secured
• What records must be kept
• What reports must be filed
• What inspections must be allowed (including by international inspectors from the IAEA)

2. Permits for Facilities

Building or demolishing a nuclear-related facility requires a separate permit. The safety and security systems must satisfy the Director of Safeguards before the Minister can issue one.

3. Transport Permits

Moving nuclear material from one place to another requires a specific transport permit with conditions about the route, method, and security measures.

4. Authority to Share Sensitive Information

Sharing sensitive nuclear technology information (such as enrichment or weapons design knowledge) with another person requires a formal government authorisation. Handing over a document containing such information is treated the same as directly telling someone that information.

5. International Inspections

Permit holders must allow IAEA inspectors (international nuclear watchdog officials) to inspect their facilities and records. This is a core obligation under Australia's international treaties.

6. Offences

The Act creates serious criminal offences (detailed in Part III, not fully reproduced here) for:

• Possessing nuclear material without a permit
• Breaching permit conditions
• Obstructing inspectors
• Acts related to nuclear terrorism

Key Points for Ordinary People

• Uranium miners and processors: Your operations are regulated under this Act. You need permits and must cooperate with regular audits and inspections.
• Researchers: If your institution has any nuclear material (even for medical or research reactors), you are covered.
• Exporters: Sending nuclear-sensitive equipment or technical know-how overseas requires government approval — even if the information is not publicly available.
• The Government cannot be prosecuted under this Act (the Crown is bound but not criminally liable).
• Decisions can be reviewed: If the Minister refuses or conditions your permit, you generally have the right to challenge that decision before the Administrative Review Tribunal (an independent government body that reviews administrative decisions).
• The Minister can block review in limited national interest cases by issuing a certificate, but must report this to Parliament.