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Monday, 25 May 1998
Page: 2983


Senator ELLISON (Schools, Vocational Education and Training) (4:21 PM) —I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard .

Leave granted.

The speeches read as follows

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY BILL 1998

This bill introduces regulatory controls for all Commonwealth radiation and nuclear safety activities for the first time in Australia. It is designed to protect the health and safety of persons and the environment from the harmful effects of radiation practices undertaken under the auspices of the Commonwealth.

The bill applies to Commonwealth entities and their employees and to non-Commonwealth entities when these are contracted to the Commonwealth. The bill covers, therefore, Commonwealth Departments such as Defence, bodies corporate such as CSIRO and ANSTO, and any person who is a party to a contract with a Commonwealth entity.

Under the bill, no Commonwealth entity can deal with radioactive materials or radiation apparatus, or any aspect of a nuclear facility, unless licensed to do so in accordance with this legislation.

The bill provides for exemptions to the general prohibition, including specific exemptions for certain defence and security activities in the national interest.

This legislation was a key recommendation of the Senate Select Committee on the Dangers of Radioactive Waste report, No Time to Waste', which was produced with the close involvement of all political parties. This bill delivers on the Government's commitment to close the regulatory gap identified by that Committee, whereby Commonwealth agencies have operated without comprehensive Commonwealth oversight and regulation.

This is one reason why this legislation is strongly supported by all State and Territory Governments.

From 1 July 1998 the functions and resources of the Nuclear Safety Bureau and the Australian Radiation Laboratory will be combined to form the Australian Radiation Protection and Nuclear Safety Agency—ARPANSA—within the Department of Health and Family Services

The bill establishes the statutory office of the CEO of the ARPANSA to:

. regulate activities within the Commonwealth which involve radiation and nuclear safety;

. work with the States and Territories to develop uniform regulatory controls throughout Australia;

. inform and advise the Government and the public on radiation protection and nuclear safety; and

. undertake related research and provide services of a high standard

The bill also provides for the establishment of the Radiation Health and Safety Advisory Council to provide expert advice to the CEO.

This bill will result in a centre of excellence for regulation, advice, research and services supporting nuclear safety and radiation protection of employees, the public and the environment.

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY (LICENCE CHARGES) BILL 1998

This bill is an adjunct to the Australian Radiation Protection and Nuclear Safety (ARPANS) Bill.

The Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998 provides a capacity for annual charges to be made for licences issued under the ARPANS Bill, in line with the Government's decisions to establish the Australian Radiation Protection and Nuclear Safety Agency.

The annual fees and application fees will be payable by those entities regulated under the ARPANS Bill. As annual charges are treated as taxes, this separate bill has been prepared.

For the purposes of establishing appropriate annual fees, the Commonwealth will employ an independent consultant to advise on appropriate cost recovery processes and fees and charges. Introduction of annual charges and licence fees will be postponed until this process is complete. In the interim, any additional costs resulting from regulating radiation and nuclear practices will be met by the Department of Health and Family Services.

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY (CONSEQUENTIAL AMENDMENTS) BILL 1998

This bill is an adjunct to the Australian Radiation Protection and Nuclear Safety (ARPANS) Bill 1998.

This bill details changes to The Australian Nuclear Science and Technology Organisation Act 1987 (the ANSTO Act) resulting from the introduction of the ARPANS Bill. Changes include repealing those parts which established the Nuclear Safety Bureau and the Safety Review Committee.

These changes are necessary because once the ARPANS Bill is passed, the Nuclear Safety Bureau will be incorporated into the new Australian Radiation Protection and Nuclear Safety Agency and the Safety Review Committee will become redundant.

This bill ensures that the current powers of the Director of the Nuclear Safety Bureau, as set out in the ANSTO Act, are conferred on the CEO of ARPANSA to ensure seamless and continued regulation of the Australian Nuclear Science and Technology Organisation.

Debate (on motion by Senator Conroy) adjourned.