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Friday, 28 November 2003
Page: 18394


Senator PATTERSON (Minister for Family and Community Services and Minister Assisting the Prime Minister for the Status of Women) (1:30 PM) —As I said before, the offence is tightly focused on persons who communicate information which could prejudice the physical security of nuclear material or an associated item. The type of information is that which could enable an adversary either to defeat or to have an increased likelihood of being able to defeat security arrangements in place. Australia is obliged by the various treaty-level agreements to implement the IAEA standard INFRCIYNF Circ225/res4 pertaining to the physical protection of nuclear material and nuclear facilities against sabotage and theft, which includes a confidentiality obligation. As I have said before, the issues of recklessness and intention apply under the Criminal Code and significantly raise the bar for successful prosecution of the sorts of examples that Senator Nettle and Senator Brown are giving.