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Nuclear Non-Proliferation (Safeguards) Regulations 1987

Authoritative Version
  • - F2012C00902
  • In force - Superseded Version
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SR 1987 No. 75 Regulations as amended, taking into account amendments up to Nuclear Non-Proliferation (Safeguards) Amendment Regulation 2012 (No. 1)
Principal Regulations
Administered by: Foreign Affairs and Trade
Registered 21 Dec 2012
Start Date 21 Dec 2012
End Date 30 Nov 2015
Table of contents.

Nuclear Non‑Proliferation (Safeguards) Regulations 1987

Statutory Rules 1987 No. 75 as amended

made under the

This compilation was prepared on 21 December 2012
taking into account amendments up to SLI 2012 No. 292

Prepared by the Office of Parliamentary Counsel, Canberra


Contents

                        1      Name of regulations [see Note 1]                                     3

                        2      Interpretation                                                                   3

                      2A      Prescribed international agreements                                 3

                    2AB      Amendment to Physical Protection Convention                 3

                    2AC      Amendments to Agreement between the Government of Australia and the Government of Japan for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982      4

                      2B      Supplementary Agency Agreements                                 4

                        3      Nuclear material to which Part II of the Act does not apply 4

                        4      Notification of grant, variation or revocation of permit or authority    6

                      4A      Possession of nuclear material by carriers                        7

                        5      Information in relation to design for construction or modification of nuclear facility    8

                        6      Charge payable by producers of uranium ore concentrates 8

Schedule 1                  Prescribed international agreements                              9

Schedule 2                  Supplementary Agency Agreements                             13

Notes                                                                                                          14

 


  

  

1              Name of regulations [see Note 1]

                These regulations are the Nuclear Non‑Proliferation (Safeguards) Regulations 1987.

2              Interpretation

                In these regulations, unless the contrary intention appears:

depleted uranium means uranium in which the abundance of the isotope uranium‑235 is less than that occurring in natural uranium.

the Act means the Nuclear Non‑Proliferation (Safeguards) Act 1987.

2A           Prescribed international agreements

                The international agreements specified in Schedule 1 are prescribed for the purposes of paragraph (b) of the definition of prescribed international agreement in subsection 4 (1) of the Act.

2AB        Amendment to Physical Protection Convention

         (1)   For paragraph 4 (3) (a) of the Act, the Amendment to the Convention on the Physical Protection of Nuclear Material as adopted in the Final Act of the Conference of the International Atomic Energy Agency dated 8 July 2005, has effect.

         (2)   The Amendment comes into force 30 days after two thirds of all State Parties have deposited their instruments of ratification, acceptance or approval with the depositary, in accordance with Article 20 of the Physical Protection Convention.

2AC        Amendments to Agreement between the Government of Australia and the Government of Japan for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982

                For paragraph 4 (3) (a) of the Act, the following amendments have effect:

                (a)    Exchange of Notes dated 23 November 2006 constituting an Agreement between the Government of Australia and the Government of Japan to amend, by replacing the Delineated and Recorded Japanese Nuclear Fuel Cycle Program, the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;

               (b)    Exchange of Notes dated 1 August 2000 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;

                (c)    Exchange of Notes dated 10 September 1999 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982.

2B           Supplementary Agency Agreements

                A Supplementary Agency Agreement mentioned in an item in Schedule 2 has effect, for the purposes of the Act, from the day mentioned in column 3 of the item.

3              Nuclear material to which Part II of the Act does not apply

         (1)   For the purposes of paragraph 9 (c) of the Act, each of the following kinds of nuclear material is nuclear material of a kind to which Part II of the Act does not apply:

                (a)    depleted uranium that is contained in:

                          (i)    counterweights installed in aircraft, other than Australian aircraft, in transit through Australia; or

                         (ii)    the keels of ships, other than Australian ships, in transit through Australia;

               (b)    thorium that is incorporated in:

                          (i)    an incandescent gas mantle;

                         (ii)    an electric light bulb;

                        (iii)    an electronic component;

                        (iv)    a welding rod; or

                         (v)    a finished aircraft part;

                (c)    source material that is incorporated in:

                          (i)    the glazing of a finished ceramic product; or

                         (ii)    an alloy in the form of a finished constructional product, being an alloy the source material component of which is not more than 4% by weight of uranium or thorium;

               (d)    source material that is contained in:

                          (i)    a chemical mixture, compound or solution, or an alloy, in which the uranium or thorium content by weight is less than 0.05% of the weight of the mixture, compound, solution or alloy;

                         (ii)    a prescribed chemical mixture, compound or solution in a quantity not exceeding 10 kilograms element weight of uranium or thorium; or

                        (iii)    a prescribed alloy in a quantity not exceeding 10 kilograms element weight of uranium or thorium;

                (e)    uranium ore concentrates extracted in Australia and containing not more than 10 kilograms element weight of uranium;

                (f)    thorium concentrates extracted in Australia and containing not more than 10 kilograms element weight of thorium.

         (2)   In this regulation, a reference to a prescribed chemical mixture, compound or solution shall be read as a reference to a chemical mixture, compound or solution that is not:

                (a)    intended for use for the purposes of a nuclear activity;

               (b)    of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or

                (c)    subject to the provisions of the Agency Agreement or a prescribed international agreement.

         (3)   In this regulation, a reference to a prescribed alloy shall be read as a reference to an alloy that is not:

                (a)    intended for use for the purposes of a nuclear activity;

               (b)    of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or

                (c)    subject to the provisions of the Agency Agreement or a prescribed international agreement.

4              Notification of grant, variation or revocation of permit or authority

         (1)   For the purposes of subsection 20 (2) of the Act, the following particulars are prescribed in relation to the grant of a permit or authority:

                (a)    the name and address of the person to whom the permit or authority is granted;

               (b)    the number of the permit or authority;

                (c)    the nature of the permit or authority;

               (d)    the date of grant of the permit or authority;

                (e)    the period for which the permit or authority is to have effect.

         (2)   For the purposes of subsection 20 (2) of the Act, the following particulars are prescribed in relation to the variation of a permit or authority:

                (a)    the name and address of the person to whom the permit or authority was granted;

               (b)    the number of the permit or authority;

                (c)    the nature of the permit or authority;

               (d)    the day on which the permit or authority as originally granted took effect;

                (e)    the day on which the variation took effect.

         (3)   For the purposes of subsection 20 (2) of the Act, the following particulars are prescribed in relation to the revocation of a permit or authority:

                (a)    the name and address of the person to whom the permit or authority was granted;

               (b)    the number of the permit or authority;

                (c)    the nature of the permit or authority;

               (d)    the day on which the permit or authority as originally granted took effect;

                (e)    the day on which any variation of the permit or authority took effect;

                (f)    the day on which the revocation of the permit or authority took effect.

4A           Possession of nuclear material by carriers

         (1)   For the purposes of subsection 24 (1) of the Act, the following kinds of nuclear material are prescribed:

                (a)    source material, other than source material consisting of or containing:

                          (i)    1000 or more kilograms element weight of depleted uranium;

                         (ii)    500 or more kilograms element weight of natural uranium; or

                        (iii)    1000 or more kilograms element weight of thorium;

               (b)    special fissionable material in a quantity not exceeding one gram isotope weight of plutonium — 239, uranium — 233 and uranium — 235.

         (2)   For the purposes of subsection 24 (1) of the Act, the following kinds of associated items are prescribed:

                (a)    deuterium or heavy water in a quantity not exceeding 200 kilograms weight of deuterium atoms;

               (b)    nuclear grade graphite in a quantity not exceeding 30 tonnes.

         (3)   In this regulation:

heavy water means a deuterium compound in which the ratio of deuterium to hydrogen exceeds the ratio 1 to 5000.

nuclear grade graphite means graphite having a purity level better than 5 parts per million boron equivalent and a density of more than 1.5 grams per cubic centimetre.

5              Information in relation to design for construction or modification of nuclear facility

                For the purposes of paragraph 29 (2) (b) of the Act, the prescribed period is 60 days.

6              Charge payable by producers of uranium ore concentrates

                For paragraph 69A (2) (b) of the Act, the amount of charge payable in a financial year by a person referred to in subsection 69A (1) of the Act is the lesser of:

                (a)    10.3077 cents per kilogram of uranium in the uranium ore concentrates produced by the person in the previous financial year; and

               (b)    $500,000.


Schedule 1        Prescribed international agreements

(regulation 2A)

  

 

Column 1
Item

Column 2
Title of Agreement

Column 3
Date signed on behalf of Australia

1

Exchanges of Notes constituting Agreements between Australia and the United States concerning the application of the Agreement concerning Peaceful Uses of Nuclear Energy of 5 July 1979

2 August 1985

2

Agreement between the Government of Australia and the Government of the Swiss Confederation concerning the Peaceful Uses of Nuclear Energy

28 January 1986

3

Agreement on the Privileges and Immunities of the International Atomic Energy Agency

9 May 1986

4

South Pacific Nuclear Free Zone Treaty

11 December 1986

5

Agreement between the Government of Australia and the Government of the Arab Republic of Egypt concerning Cooperation in the Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material between Australia and the Arab Republic of Egypt

18 February 1988

6

Exchange of Notes constituting an Agreement between Australia and the United States concerning Australian Ores containing Uranium or Thorium (monazite and xenotime)

13 December 1989

7

Exchange of Notes between Australia and Singapore constituting an Agreement concerning Cooperation in the Physical Protection of Nuclear Material

15 December 1989

9

Exchange of Notes constituting an Agreement between Australia and Japan to amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Co‑operation in the Peaceful Uses of Nuclear Energy of 5 March 1982

27 July 1990

10

Exchange of Notes constituting an Agreement between Australia and Sweden concerning Arrangements applying to Certain (Nuclear) Transfers between Sweden and Third Countries

15 January 1991

11

Exchange of Notes constituting an Agreement between Australia and the United States to bring International Obligation Exchanges under the Coverage of the Agreement concerning Peaceful Uses of Nuclear Energy, and Agreed Minute, of 5 July 1979

16 December 1991

12

Agreement between the Government of Australia and the Government of the United Mexican States concerning cooperation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

28 February 1992

13

Exchange of Notes constituting an Agreement between Australia and Canada to amend, and to provide for International Obligation Exchanges under, the Agreement concerning the Peaceful Uses of Nuclear Energy of 9 March 1981

10 April 1995

14

Agreement between the Government of Australia and the Government of New Zealand concerning the Transfer of Uranium

14 September 1999

15

Agreement for Cooperation between Australia and the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation, Agreed Minute, and Exchange of Notes

28 October 1999

16

Agreement between the Government of Australia and the Government of the Czech Republic on co‑operation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

27 July 2001

17

Exchange of notes constituting an agreement between Australia and the United States of America Concerning Cooperation on the Application of Non‑Proliferation Assurances on Retransfer to Taiwan

31 July 2001

18

Agreement between the Government of Australia and the Government of the Republic of Hungary on Co‑operation in Peaceful Uses of Nuclear Energy and the Transfer of Nuclear Material

8 August 2001

19

Agreement between Australia and the Argentine Republic concerning Cooperation in the Peaceful Uses of Nuclear Energy

8 August 2001

20

Agreement between the Government of Australia and the Government of the People’s Republic of China on the Transfer of Nuclear Material

3 April 2006

21

Agreement between the Government of Australia and the Government of the People’s Republic of China for Cooperation in the Peaceful Uses of Nuclear Energy

3 April 2006

22

Agreement between the Government of Australia and the Government of the Russian Federation on Cooperation in the Use of Nuclear Energy for Peaceful Purposes

7 September 2007

23

Agreement between the Government of Australia and the Government of the United States of America concerning Peaceful Uses of Nuclear Energy

4 May 2010

24

Agreement between the Government of Australia and the European Atomic  Energy Community  (Euratom) for Co‑operation in the Peaceful Uses of Nuclear Energy

5 September 2011

 

Schedule 2        Supplementary Agency Agreements

(regulation 2B)

  

 

Column 1
Item

Column 2
Title of Agreement

Column 3
Date of effect
 for Australia

1

Protocol Additional to the Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non‑Proliferation of Nuclear Weapons, signed on behalf of Australia on 23 September 1997

10 December 1997

 


Notes to the Nuclear Non-Proliferation (Safeguards) Regulations 1987

Note 1

The Nuclear Non-Proliferation (Safeguards) Regulations 1987 (in force under the Nuclear Non-Proliferation (Safeguards) Act 1987) as shown in this compilation comprise Statutory Rules 1987 No. 75 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1987 No. 75

13 May 1987

13 May 1987

 

1987 No. 258

6 Nov 1987

6 Nov 1987

1987 No. 260

6 Nov 1987

31 Mar 1988 (see Gazette 1988, No. S68)

1990 No. 298

21 Sept 1990

21 Sept 1990

1994 No. 178

16 June 1994

1 Nov 1993

1997 No. 351

15 Dec 1997

15 Dec 1997

1998 No. 173

30 June 1998

30 June 1998

1998 No. 318

1 Dec 1998

1 Dec 1998

1999 No. 278

26 Nov 1999

26 Nov 1999

2000 No. 22

15 Mar 2000

15 Mar 2000

2000 No. 69

12 May 2000

12 May 2000

2000 No. 305

16 Nov 2000

16 Nov 2000

2001 No. 311

15 Oct 2001

15 Oct 2001

2002 No. 227

26 Sept 2002

26 Sept 2002

2002 No. 252

31 Oct 2002

31 Oct 2002

2003 No. 267

28 Oct 2003

28 Oct 2003

2004 No. 323

25 Nov 2004

25 Nov 2004

2005 No. 270

24 Nov 2005 (see F2005L03693)

25 Nov 2005

2006 No. 284

2 Nov 2006 (see F2006L03560)

3 Nov 2006

2007 No. 97

30 Apr 2007 (see F2007L01119)

1 May 2007

2009 No. 338

26 Nov 2009 (see F2009L04342)

27 Nov 2009

2010 No. 276

18 Nov 2010 (see F2010L03016)

19 Nov 2010

2011 No. 211

25 Nov 2011 (see F2011L02446)

26 Nov 2011

2012 No. 292

20 Dec 2012 (see F2012L02423)

21 Dec 2012

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

R. 1.........................................

rs. 1998 No. 318

R. 2A.......................................

ad. 1990 No. 298

 

am. 1997 No. 351

R. 2AB....................................

ad. 2007 No. 97

R. 2AC....................................

ad. 2007 No. 97

R. 2B.......................................

ad. 1997 No. 351

R. 3.........................................

am. 1987 No. 258; 1990 No. 298; 1997 No. 351; 2002 No. 252; 2003 No. 267

R. 4A.......................................

ad. 1987 No. 260

R. 6.........................................

ad. 1994 No. 178

 

rs. 1998 No. 318

 

am. 1999 No. 278; 2000 No. 305; 2001 No. 311; 2002 No. 252; 2003 No. 267; 2004 No. 323, 2005 No. 270; 2006 No. 284; 2009 No. 338; 2010 No. 276; 2011 No. 211

Heading to Schedule..........

rep. 1997 No. 351

Schedule...............................

ad. 1990 No. 298

Schedule 1

 

Heading to Schedule 1.......

ad. 1997 No. 351

Schedule 1............................

am. 1997 No. 351

 

rs. 1998 No. 173

 

am. 2000 Nos. 22 and 69; 2002 No. 227; 2007 No. 97; 2012 No. 292

Schedule 2

 

Schedule 2............................

ad. 1997 No. 351