Australian Naval Nuclear Power Safety Act 2024 (Cth)

Australian Naval Nuclear Power Safety Act 2024

No. 91, 2024

An Act to regulate activities relating to conventionally‑armed, nuclear‑powered submarines to ensure the nuclear safety of those activities, and for related purposes

Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of this Act Division 2—Defined terms Subdivision A—Simplified outline of this Division 4 Simplified outline of this Division Subdivision B—The Dictionary 5 The Dictionary Division 3—Core provisions Subdivision A—Objects of this Act 6 Objects of this Act 7 What are AUKUS submarines? 8 Regulating persons when they conduct regulated activities 8A Prohibition on storage and disposal of spent nuclear fuel that is not from an Australian submarine 8B Prohibition on certain kinds of construction, etc. Subdivision B—Regulated activities 9 What are regulated activities? 10 Regulated activities and designated zones Subdivision C—Facility activities (first type of regulated activity) 11 What are facility activities? 12 What are NNP facilities? Subdivision D—Submarine activities (second type of regulated activity) 13 What are submarine activities? Subdivision E—Material activities (third type of regulated activity) 14 What are material activities? 15 What are NNP material and NNP equipment or plant? Subdivision F—The Regulator 16 The Regulator Part 2—Ensuring nuclear safety when conducting regulated activities Division 1—Simplified outline of this Part 17 Simplified outline of this Part Division 2—Nuclear safety duties Subdivision A—Nuclear safety duties applying to all persons conducting regulated activities 18 General nuclear safety duty 19 Duty to be authorised by a licence Subdivision B—Nuclear safety duties applying to licence holders 20 Duty on licence holders—nuclear safety management systems 21 Duty on licence holders—reporting nuclear safety incidents 22 Duty on licence holders—competence and supervision 23 Duty on licence holders—complying with licence conditions Subdivision C—Nuclear safety duties applying to persons authorised by a licence 24 Duty on authorised persons—nuclear safety management systems 25 Duty on authorised persons—complying with licence conditions Part 3—Australian naval nuclear power safety licences Division 1—Simplified outline of this Part 26 Simplified outline of this Part Division 2—Australian naval nuclear power safety licences 27 Australian naval nuclear power safety licences 28 Who may apply for a licence? 29 Who are Commonwealth‑related persons? 30 Requirements of the application 30A Regulator may require further information 31 Issuing licences 32 Licence conditions 33 Period of licences 34 Varying licences 35 Suspending or cancelling licences 36 Regulator to give notice before varying, suspending or cancelling licences 37 Surrendering licences 38 Review of licence decisions Part 4—Compliance and enforcement Division 1—Simplified outline of this Part 39 Simplified outline of this Part Division 2—Monitoring 40 Entry, and exercise of powers, for monitoring purposes 41 Monitoring powers 42 Securing evidence 43 Additional powers in relation to evidential material 44 Extension of period for securing a thing 45 Notification and announcement of entry 46 Entering certain premises for access to monitoring area Division 3—Investigation Subdivision A—Investigation powers 47 Entering investigation area by consent or under a warrant 48 Investigation powers 49 Securing equipment to obtain expert assistance 50 Extension of period for securing equipment 51 Offence for interfering with securing of, or secured, equipment 52 Seizing other evidential material Subdivision B—Obligations and incidental powers of inspectors 53 Consent 54 Announcement before entry under warrant 55 Inspector to be in possession of warrant 56 Details of warrant etc. to be given to relevant person in relation to investigation area 57 Completing execution after temporary cessation 58 Completing execution of warrant stopped by court order 59 Using force in executing a warrant 60 Entering certain premises for access to investigation area Subdivision C—Rights of relevant person in relation to investigation area 61 Right to observe execution of warrant Subdivision D—General provisions relating to seizure 62 Copies of seized things to be provided 63 Receipts for seized things 64 Return of seized things 65 Issuing officer may permit a seized thing to be retained 66 Disposal of things seized 67 Compensation for acquisition of property Subdivision E—Investigation warrants 68 Investigation warrants 69 Investigation warrants by telephone, fax etc. 70 Authority of warrant 71 Offence relating to warrants by telephone, fax etc. Division 4—Civil penalty provisions 72 Civil penalty provisions 73 Requirement for person to assist with applications for civil penalty orders 74 Civil double jeopardy Division 5—Directions, notices and other requirements Subdivision A—Directions and other notices 75 Inspector may give directions 76 Inspector to arrange for steps to be taken 77 Inspector may give improvement notices 78 Inspector may give prohibition notices 79 Copy of direction or notice to be displayed 80 Offence for tampering with or removing a direction or notice Subdivision B—Other requirements and offences 81 Requirement to facilitate entry to Australian submarine 82 Power to make requirement of a person 83 Offences for contravention of requirement made of a person 84 Asking questions and seeking production of documents 85 Offence for ordering or coercing a person to not answer question or produce document Division 6—Australian Naval Nuclear Power Safety Inspectors 86 Appointment of inspectors 87 Identity cards for inspectors 88 Persons assisting inspectors 89 Offence for false representation as an inspector 90 Offence for impersonating an inspector 92 Inspector to have regard to nuclear safety and security Division 7—Other matters relating to compliance and enforcement 93 References to entering monitoring area or investigation area 94 References to equipment 95 Issuing officers 96 Compensation for damage to equipment 97 Legal professional privilege 98 Privilege against self‑incrimination and penalty privilege Part 5—The Australian Naval Nuclear Power Safety Regulator Division 1—Simplified outline of this Part 99 Simplified outline of this Part Division 2—The Regulator 100 Establishment of the Regulator 101 Composition of the Regulator 102 Functions of the Regulator 103 The Regulator may consult or cooperate with others 104 Independence of the Regulator 105 Ministerial directions to the Regulator Division 3—The Director‑General and the Deputy Director‑General Subdivision A—The Director‑General 106 The Director‑General 107 Functions of the Director‑General Subdivision B—The Deputy Director‑General 108 The Deputy Director‑General Subdivision C—Appointment of the Director‑General and the Deputy Director‑General 109 Appointment 110 Acting appointments 111 Terms and conditions 112 Remuneration and allowances 113 Leave of absence 114 Other paid or unpaid work or activities 115 Disclosure of interests 116 Resignation 117 Termination of appointment Division 4—Other members of the Regulator 118 Staff 119 Persons assisting the Regulator Division 5—Independence, immunities and protection of members of the Regulator 120 Independence from ADF chain of command 121 Immunity from criminal and civil proceedings 121A Offence for obstructing, hindering, intimidating or resisting a member of the Regulator, etc. Division 6—Reporting 122 Annual report 123 Reporting to the Minister 123A Reporting certain nuclear safety incidents Part 6—Other matters Division 1—Simplified outline of this Part 124 Simplified outline of this Part Division 2—Application of this Act Subdivision A—General 125 Extraterritorial application 126 Extension to external Territories Subdivision B—Application of this Act to the Crown in right of the Commonwealth 127 This Act binds the Crown 128 Offences and the Commonwealth 129 Civil penalty provisions and the Commonwealth 130 Representative for the Commonwealth in proceedings 131 Liability of the Commonwealth to pay criminal or civil penalties Subdivision C—Interaction with other laws 132 The Australian Radiation Protection and Nuclear Safety Act 1998 133 The Nuclear Non‑Proliferation (Safeguards) Act 1987 134 Operation of workplace health and safety laws 135 Operation of State and Territory laws Subdivision D—Interaction with international agreements etc. 136 Functions to be performed having regard to prescribed international agreements 137 Application of Act to certain foreign persons Subdivision E—General rules about offences and civil penalty provisions 138 Geographical jurisdiction for offences 139 Physical elements of offences 140 Contravening an offence provision or a civil penalty provision Division 2A—Advisory committee 140A Establishment of advisory committee Division 3—Delegations 141 Delegation by the Minister 142 Delegation by the Director‑General Division 4—Regulations and other instruments 143 Regulations 144 Exemptions 145 Regulator to give notice before varying or revoking exemption 146 Approved forms