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Australian Naval Nuclear Power Safety Act 2024
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Administered by
Department of Defence
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C2024A00091
24 October 2024
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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
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Part 2—Ensuring nuclear safety when conducting regulated activities
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Division 1—Simplified outline of this Part
17 Simplified outline of this Part
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Division 2—Nuclear safety duties
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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
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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
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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
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Part 3—Australian naval nuclear power safety licences
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Division 1—Simplified outline of this Part
26 Simplified outline of this Part
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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
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Part 4—Compliance and enforcement
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Division 1—Simplified outline of this Part
39 Simplified outline of this Part
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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
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Division 3—Investigation
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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
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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
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Subdivision C—Rights of relevant person in relation to investigation area
61 Right to observe execution of warrant
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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
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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.
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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
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Division 5—Directions, notices and other requirements
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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
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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
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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
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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
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Part 5—The Australian Naval Nuclear Power Safety Regulator
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Division 1—Simplified outline of this Part
99 Simplified outline of this Part
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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
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Division 3—The Director General and the Deputy Director General
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Subdivision A—The Director General
106 The Director General
107 Functions of the Director General
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Subdivision B—The Deputy Director General
108 The Deputy Director General
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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
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Division 4—Other members of the Regulator
118 Staff
119 Persons assisting the Regulator
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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.
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Division 6—Reporting
122 Annual report
123 Reporting to the Minister
123A Reporting certain nuclear safety incidents
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Part 6—Other matters
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Division 1—Simplified outline of this Part
124 Simplified outline of this Part
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Division 2—Application of this Act
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Subdivision A—General
125 Extraterritorial application
126 Extension to external Territories
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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
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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
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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
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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
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Division 2A—Advisory committee
140A Establishment of advisory committee
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Division 3—Delegations
141 Delegation by the Minister
142 Delegation by the Director General
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Division 4—Regulations and other instruments
143 Regulations
144 Exemptions
145 Regulator to give notice before varying or revoking exemption
146 Approved forms
