11Exemption and termination declarations

#### 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.