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AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION BILL 1985
AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION (TRANSITIONAL PROVISIONS) BILL 1985
ATOMIC ENERGY AMENDMENT BILL 1985

The Senate, according to Order, resolved itself into Committee for the consideration of the Bills.

In the Committee

Ordered-That the Bills be considered separately.

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION BILL 1985-

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read-

On the motion of the Minister for Resources and Energy (Senator Evans) the following amendments were, by leave, taken together, debated and agreed to:

Page 2, sub-clause 3 (1), definition of ""appointed member'', lines 1 and 2, leave out the definition, insert the following definitions:

"" "appointed member' means a member of the Board other than the Executive Director;

"Board' means the Board of Directors of the Organisation;''.

Page 2, sub-clause 3 (1), definition of ""Chairperson'', line 3, leave out ""Executive'', insert ""Board''.

Page 2, sub-clause 3 (1), definition of ""Chief Executive Officer'', lines 4 and 5, leave out the definition.

Page 2, sub-clause 3 (1), definition of ""Deputy Chairperson'', line 7, leave out ""Executive'', insert ""Board''.

Page 2, sub-clause 3 (1), definition of ""Executive'', line 9, leave out the definition, insert the following definition:

"" "Executive Director' means the Executive Director of the Organisation;''.

Page 2, sub-clause 3 (1), definition of ""member of the staff of the Organisation'', paragraph (a), line 11, leave out ""Chief Executive Officer'', insert ""Executive Director''.

Page 2, sub-clause 3 (1), definition of ""non-staff member'', line 13, leave out ""Executive'', insert ""Board''.

Clause 3, as amended, agreed to.

Clause 4 agreed to.

Clause 5 read-

Senator Puplick, by leave, moved the following amendments together:

Page 3, paragraph 5 (1) (a), line 13, after ""in relation to'', insert ""all aspects of the peaceful uses of the nuclear fuel cycle, including''.

Page 3, paragraph 5 (1) (b), lines 19 and 20, leave out the paragraph, insert the following paragraph:

""(b) to encourage and facilitate the commercial application and utilisation of the results of research and development into all aspects of the peaceful uses of the nuclear fuel cycle;''.

Debate ensued.

Question-That the amendments be agreed to-put and negatived.

Senator Sanders moved an amendment, viz:

Page 4, after sub-clause 5 (2), insert the following new sub-clauses:

""(2a) The Organisation shall not undertake research or development into any aspect of the nuclear fuel cycle, except radioactive waste management and matters of safety and safeguards.

""(2b) The Organisation shall not undertake research or development into any process involving the use or production of plutonium or uranium containing in excess of 20% of the isotopes uranium 233 and uranium 235, except for the purpose of radioisotope production or purposes related to health, scientific instrumentation, safety and safeguards.

""(2c) The Organisation shall undertake research into the substitution of radioisotopes produced by a cyclotron for radioisotopes produced by a nuclear reactor, for the purpose of minimising and removing dependence on the use of nuclear reactors.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put.

The Committee divided

AYES, 6

Senators- Haines Macklin (Teller) Mason Powell Sanders Vallentine

NOES, 58

Senators- Alston Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Crowley Devlin Durack Elstob Evans Foreman Gietzelt Giles Guilfoyle, Dame Margaret Hamer Harradine Hill Jones Kilgariff Knowles Lewis MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Ray Reid (Teller) Reynolds Richardson Robertson Ryan Sheil Short Sibraa Tate Teague Vanstone Walsh Walters Watson West Zakharov

Amendment negatived accordingly.

Clause 5 agreed to.

Clauses 6 to 24, by leave, taken together.

Explanatory Memoranda: Senator Evans tabled Explanatory Memoranda (2) relating to amendments to be moved on behalf of the Government to the Australian Nuclear Science and Technology Organisation Bill 1985 and the Australian Nuclear Science and Technology Organisation (Transitional Provisions) Bill 1985.

Clauses 6 to 24 further debated.

On the motion of Senator Evans the following amendments were, by leave, taken together and agreed to:

Page 4, sub-clause 6 (1), line 39, leave out ""Part'', insert ""Act''.

Page 6, heading of Part III, line 1, leave out ""EXECUTIVE'', insert ""BOARD''.

Page 6, clause 8, line 3, leave out ""an Executive'', insert ""a Board of Directors''.

Page 6, sub-clause 9 (1), line 6, leave out ""The Executive shall consist of the Chief Executive Officer'', insert ""The Board shall consist of the Executive Director''.

Page 6, sub-clause 9 (2), line 8, leave out ""Chief Executive Officer'', insert ""Executive Director''.

Page 6, sub-clause 9 (5), line 17, leave out ""Executive'', insert ""Board''.

Page 6, sub-clause 9 (5), line 18, leave out ""Executive'', insert ""Board''.

Page 6, sub-clause 9 (7), lines 22 and 23, leave out ""Chief Executive Officer shall not be appointed as a member of the Executive'', insert ""Executive Director shall not be appointed as a member of the Board''.

Page 6, paragraph 9 (7) (a), line 25, leave out ""Executive'', insert ""Board''.

Page 6, sub-clause 9 (10), lines 35 and 36, leave out ""Chief Executive Officer'', insert ""Executive Director''.

Page 6, sub-clause 9 (11), line 38, leave out ""Chief Executive Officer is absent from a meeting of the Executive'', insert ""Executive Director is absent from a meeting of the Board''.

Page 7, sub-clause 9 (12), line 4, leave out ""Executive'', insert ""Board''.

Page 7, sub-clause 9 (12), lines 4 and 5, leave out ""Chief Executive Officer'', insert ""Executive Director''.

Page 10, paragraphs 17 (5) (a) and (b), lines 8 to 11, leave out the paragraphs, insert the following paragraphs:

""(a) determine the terms and conditions, including remuneration and allowances, if any, on which a person is to act under this section; and

(b) terminate an appointment under this section at any time.''.

Page 10, sub-clause 17 (7), line 19, after ""writing'', insert ""signed by the person and''.

Page 10, sub-clause 17 (8), lines 20 to 25, leave out the sub-clause, insert the following sub-clause:

""(8) The validity of anything done by or in relation to a person purporting to act in an office under this section shall not be called in question on the ground that-

(a) in the case of a person purporting to act under sub-section (1)-the occasion for the person to act had not arisen or had ceased; or

(b) in the case of a person purporting to act pursuant to an appointment under sub-section (2)-the occasion for the appointment had not arisen, there was a defect or irregularity in or in connection with the appointment, the appointment had ceased to have effect or the occasion for the person to act had not arisen or had ceased.''.

Page 10, heading of Part IV, line 26, leave out ""CHIEF EXECUTIVE OFFICER'', insert ""EXECUTIVE DIRECTOR''.

Page 10, sub-clause 18 (1), line 29, leave out ""Executive'', insert ""Board''.

Page 10, sub-clause 18 (3), line 34, leave out ""staff member'', insert ""member of the staff of the Organisation''.

Page 10, paragraph 18 (3) (a), line 35, leave out ""Executive'', insert ""Board''.

Page 11, sub-clause 19 (1), line 4, leave out ""Executive'', insert ""Board''.

Page 11, sub-clause 20 (2), line 13, leave out ""Executive'', insert ""Board''.

Page 11, sub-clause 21 (2), line 18, leave out ""Executive'', insert ""Board''.

Page 11, after clause 21, insert the following new clause:

Disclosure of interests

""21A. The Executive Director shall give written notice to the Minister of all direct or indirect pecuniary interests that the Executive Director has or acquires in any business.''.

Page 11, sub-clause 22 (1), line 20, leave out ""The Executive'', insert ""The Board''.

Page 11, sub-clause 22 (3), line 32, leave out ""Executive'', insert ""Board''.

Page 12, sub-clause 22 (5), line 13, leave out ""Executive'', insert ""Board''.

Page 12, sub-clause 23 (1), line 31, leave out ""Executive'', insert ""Board''.

Page 12, sub-clause 23 (3), line 39, leave out ""Executive'', insert ""Board''.

Page 13, heading of Part VI, line 1, leave out ""THE NUCLEAR SAFETY BUREAU'', insert ""SAFETY REVIEW''.

Clauses 6 to 24, as amended, agreed to.

Senator Evans moved an amendment, viz: Page 13, after clause 24, insert the following new clause in Part VI:

Safety Review Committee

""24A. (1) The Minister shall establish a Committee under the name Safety Review Committee.

""(2) The functions of the Committee are-

(a) from time to time as the Committee considers appropriate, to review and assess the effectiveness of the standards, practices and procedures adopted by the Organisation to ensure the safety of its operations;

(b) either on its own initiative or at the request of the Minister or of the Board, to investigate any matter arising out of the operations of the Organisation that may have adverse consequences or implications in relation to the safety of those operations;

(c) either on its own initiative or at the request of the Minister, to furnish advice to the Minister on matters referred to in paragraphs (a) and (b); and

(d) either on its own initiative or at the request of the Board, to furnish advice to the Board on matters referred to in paragraphs (a) and (b).

""(3) A reference in this section to the safety of the operations of the Organisation is a reference to the safety of the members of the staff of the Organisation and of the public in relation to those operations.

""(4) The Committee shall, as soon as practicable after 30 June in each year, prepare and submit to the Minister and to the Board a report of its operations during the year that ended on that date.

""(5) The Committee may submit to the Minister and to the Board such other reports relating to the operations of the Committee as the Committee considers appropriate.

""(6) The Minister shall cause a copy of each report received by the Minister under sub-section (4) to be laid before each House of the Parliament within 15 sitting days of that House after the report is received by the Minister.

""(7) The Minister may cause a copy of a report received by the Minister under sub-section (5) to be laid before each House of the Parliament if the Minister considers that the report is of sufficient importance to justify the report being brought to the attention of the Parliament.

""(8) For the purpose of the performance of its functions, the Committee may obtain advice or assistance from any member of the staff of the Organisation.

""(9) The Committee shall consist of such persons (not being fewer than 2, nor more than 6, in number) as the Minister from time to time appoints.

""(10) In making appointments to the Committee the Minister shall ensure that a majority of the members of the Committee are persons who are not members of the staff of the Organisation.

""(11) The Minister shall appoint one of the members of the Committee to be the Chairperson of the Committee and another of the members of the Committee to be the Deputy Chairperson of the Committee.

""(12) The Chairperson of the Committee may be referred to as the Chairman of the Committee or the Chairwoman of the Committee, and the Deputy Chairperson of the Committee may be referred to as the Deputy Chairman of the Committee or the Deputy Chairwoman of the Committee, as the case requires.

""(13) A member of the Committee may resign from office by writing signed by the member and delivered to the Chairperson of the Board.

""(14) At a meeting of the Committee-

(a) if the Chairperson of the Committee is present-he or she shall preside;

(b) if the Chairperson of the Committee is not present but the Deputy Chairperson of the Committee is present-he or she shall preside; or

(c) in any other case-the members of the Committee present shall elect one of their number to preside.

""(15) Subject to sub-section (14), the Minister may determine the procedure to be followed at or in relation to meetings of the Committee, including matters with respect to-

(a) the convening of meetings of the Committee;

(b) the number of members of the Committee who are to constitute a quorum; and

(c) the manner in which questions arising at a meeting of the Committee are to be decided,

and the Minister shall cause the Committee to be notified in writing of any determination under this sub-section.

""(16) If the Minister decides that the members of the Committee should be remunerated, those members shall be paid such remuneration as is determined by the Remuneration Tribunal.

""(17) Members of the Committee shall be paid such allowances as are prescribed.

""(18) Sub-sections (16) and (17) have effect subject to the Remuneration Tribunals Act 1973.''.

Senator Sanders, by leave, moved the following amendments together to Senator Evans' proposed amendment:

Proposed new sub-clause 24a (6), after ""sub-section (4)'', insert ""or sub-section (5)''.

Proposed new sub-clause 24a (7), leave out the sub-clause.

Proposed new sub-clause 24a (10), after ""members'' (second occurring), insert ""or former members''.

After proposed new sub-clause 24a (10), insert the following new sub-clause:

""(10a) One of the persons appointed under sub-section (9) shall be a person representative of the interests of persons residing in the vicinity of nuclear reactors.''.

At end of proposed new sub-clause 24a (11), add "", but a member of the Committee who is a member or a former member of the staff of the Organisation shall not be appointed to be the Chairperson of the Committee''.

Debate ensued.

Question-That the amendments be agreed to (Senator Sanders' amendments to Senator Evans' proposed amendment)-put.

The Committee divided

AYES, 7

Senators- Georges Haines Macklin (Teller) Mason Powell Sanders Vallentine

NOES, 60

Senators- Alston Aulich Baume, Michael Baume, Peter Black Bolkus Boswell Brownhill Carrick, Sir John Childs Coates Coleman Collard Colston Cooney Crichton-Browne Crowley Devlin Elstob Evans Foreman Gietzelt Giles Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Jones Kilgariff Knowles Lewis MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Ray Reid (Teller) Reynolds Richardson Robertson Ryan Sheil Short Sibraa Tate Teague Townley Vanstone Walsh Walters Watson West Withers Zakharov

Amendments to Senator Evans' proposed amendment negatived accordingly.

Question-That proposed new clause 24a be inserted in the Bill (Senator Evans' amendment)-put and passed.

Clauses 25 to 37, by leave, taken together.

On the motion of Senator Evans the following amendments were, by leave, taken together and agreed to, viz:

Page 13, paragraph 25 (4) (a), line 35, leave out ""an approved bank'', insert ""the Reserve Bank of Australia or any other bank approved by the Treasurer''.

Page 14, sub-clause 27 (3), line 18, leave out ""Authority'', insert ""Organisation''.

Page 14, clause 30, line 41, at end of clause, add ""in writing''.

Page 15, sub-clause 31 (1), lines 2 to 4, leave out the sub-clause, insert the following sub-clause:

""(1) The Organisation may, with the approval of the Treasurer, borrow money otherwise than from the Commonwealth on terms and conditions that are specified in, or are consistent with, the approval.''.

Page 15, clause 31, at end of clause, add the following new sub-clause:

""(4) An approval under sub-section (1) shall be given in writing.''.

Page 15, clause 32, at end of clause, add the following new sub-clause:

""(4) An approval under sub-section (1) shall be given in writing.''.

Clauses 25 to 37, as amended, agreed to.

Clause 38 read-

Senator Mason moved an amendment, viz:

Page 17, after sub-clause 38 (3), insert the following new sub-clause:

""(3A) Of the persons appointed under sub-section (3)-

(a) one shall be a person nominated by the Australian Council of Trade Unions;

(b) one shall be a person representative of the interests of persons residing in the vicinity of nuclear reactors;

(c) one shall be a member of a local government body which has responsiblity for an area in which or near to which a nuclear reactor is located; and

(d) one shall be a person nominated by an authority of a State having responsibility for the provision of emergency services.''.

Debate ensued.

Question-That the words proposed to be inserted be inserted-put and negatived.

Clause 38 agreed to.

Clauses 39 to 42, by leave, taken together.

On the motion of Senator Evans the following amendments were, by leave, taken together and agreed to:

Page 19, paragraph 40 (1) (b), leave out the paragraph, insert the following paragraph:

""(b) the Minister's powers under sub-paragraph 5 (1) (a) (iii), sub-section 9 (10), sections 11 and 17, sub-sections 24A (1), (2), (9), (11), (15) and (16) and sections 26, 29, 38 and 43.''.

Page 19, after sub-clause 40 (2), insert the following new sub-clause:

""(2A) A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister.''.

Page 19, after clause 40, insert the following new clause:

Delegation by Treasurer

""40A. (1) The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Treasurer, delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the Treasurer's powers under sections 31 and 32.

""(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Treasurer.

""(3) A delegate is, in the exercise of a power so delegated, subject to the directions of the Treasurer.

""(4) A delegation under this section does not prevent the exercise of a power by the Treasurer.''.

Page 19, after sub-clause 41 (2), insert the following new sub-clause:

""(2A) A delegate is, in the exercise of a power so delegated, subject to the directions of the Board.''.

Page 20, after sub-clause 42 (2), insert the following new sub-clause:

""(2A) A delegate is, in the exercise of a power so delegated, subject to the directions of the Executive Director.''.

Leave out from the following clauses ""Executive'' (wherever occurring), insert ""Board'': 10, 11, 12, 14, 15, 16, 24, 26, 27, 38, 39 and 41.

Leave out from the following clauses ""Chief Executive Officer'' (wherever occurring), insert ""Executive Director'': 18, 19, 20, 21, 22, 23 and 42.

Clauses 39 to 42, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION (TRANSITIONAL PROVISIONS) BILL 1985-

Bill, by leave, taken as a whole.

On the motion of Senator Evans the following amendments were, by leave, taken together and agreed to:

Page 3, sub-clause 10 (3), line 23, leave out ""Executive'', insert ""Board''.

Page 4, paragraph 12 (a), line 8, leave out ""Executive'', insert ""Board''.

Page 4, sub-clause 15 (1), line 36, leave out ""Executive'', insert ""Board''.

Page 4, paragraph 15 (1) (a), line 43, leave out ""Executive'', insert ""Board''.

Page 5, paragraph 15 (1) (c), line 5, leave out ""Executive'', insert ""Board''.

Page 5, paragraph 15 (1) (d), line 9, leave out ""Executive'', insert ""Board''.

Bill, as amended, agreed to.

ATOMIC ENERGY AMENDMENT BILL 1985-

Bill, by leave, taken as a whole and agreed to.

Australian Nuclear Science and Technology Organisation Bill 1985 and Australian Nuclear Science and Technology Organisation (Transitional Provisions) Bill 1985 to be reported with amendments, and the Atomic Energy Amendment Bill 1985 to be reported without amendment.

The Deputy-President (Senator Hamer) resumed the Chair; and the Temporary Chairman of Committees (Senator MacGibbon) reported accordingly.

On the motion of Senator Evans the Report from the Committee was adopted.

Senator Evans moved-That these Bills be now read a third time.

Debate ensued.

Question put and passed.

Bills read a third time.