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

#### 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.