Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) BILL 1986

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

In the Committee

Bill further considered.

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

Page 20, sub-clause 22 (3), line 7, leave out ""(1) or''.

Page 21, clause 23, at end of clause, add the following new sub-clause:

""(6) Sub-section (1) does not apply to the possession of associated technology by a Commonwealth officer in the course of-

(a) the performance of a function or duty, or the exercise of a power, under the Patents Act 1952 or regulations under that Act; or

(b) the performance of duties in the Patent Office.''.

Page 23, clause 26, at end of clause, add the following new sub-clause:

""(4) Sub-section (1) does not apply to the communication of information by a Commonwealth officer in the course of-

(a) the performance of a function or duty, or the exercise of a power, under the Patents Act 1952 or regulations under that Act; or

(b) the performance of duties in the Patent Office.''.

Page 46, clause 72, at end of clause, add the following new sub-clauses:

""(4) Without limiting the generality of sub-section (1), the Minister may delegate to the Director the Minister's power to grant permits under section 13 or 16 or to grant authorities under section 18.

""(5) If the Minister delegates to the Director the Minister's power to grant permits under section 13 or 16, the following provisions have effect-

(a) section 12 applies in relation to any application for a permit that is dealt with by the Director pursuant to the delegation as if paragraph 12 (2) (b) and sub-section 12 (3) were omitted;

(b) sections 14 and 15 do not apply in relation to any application for a permit that is dealt with by the Director pursuant to the delegation but the Director-

(i) shall not grant a permit under section 13 to the owner or operator of a nuclear facility unless the Director is satisfied that-

(a) the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 12 (2) (a);

(b) appropriate procedures can be applied at the facility for the implementation of the Australian safeguards system in relation to nuclear material and associated items to be located at the facility; and

(c) adequate physical security can be applied to nuclear material and associated items at the facility;

(ii) shall not grant a permit under section 13 in relation to nuclear material or an associated item that is to be held otherwise than at a nuclear facility unless the Director is satisfied that the person applying for the grant of the permit has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 12 (2) (a).

""(6) If the Minister delegates to the Director the Minister's power to grant authorities under section 18, the following provisions have effect-

(a) section 17 applies in relation to any application for an authority that is dealt with by the Director pursuant to the delegation as if paragraph 17 (2) (b) and sub-section 17 (3) were omitted;

(b) sub-section 18 (2) does not apply in relation to an application for an authority that is dealt with by the Director pursuant to the delegation but the Director shall not grant an authority unless the Director is satisfied that the person applying for the grant of the authority has provided the Director with all information that the Director has required the person to provide in relation to the application pursuant to paragraph 17 (2) (a).''.

Explanatory Memorandum: Senator Evans tabled an Explanatory Memorandum relating to the amendments moved on behalf of the Government to the Bill.

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

Page 10, after clause 8, insert the following new clause in Part I:

Act not to apply to visiting allied forces

""8A. (1) This Act does not apply in relation to-

(a) ships, aircraft or equipment of a visiting allied force;

(b) a member of a visiting allied force acting in accordance with the member's duty; or

(c) a member of the Defence Force or a Commonwealth officer associated with a visiting allied force acting in accordance with the member's or the officer's duty.

""(2) In this section, "visiting allied force' means an armed force of a foreign country declared by the Minister, by notice in writing published in the Gazette, to be a visiting allied force for the purposes of this section.

""(3) A certificate, signed by the Minister, certifying that a member of the Defence Force or a Commonwealth officer is or was associated with a visiting allied force or is or was acting in accordance with the member's or the officer's duty is evidence of the facts stated in the certificate.

""(4) Where the Minister considers that it is necessary, for the purpose of preventing, detecting or investigating an offence against a law of the Commonwealth or of a State or Territory, or for the purpose of proceedings in relation to such an offence, that a provision of this Act apply in relation to a person or thing referred to in sub-section (1), the Minister may, by notice in writing published in the Gazette, declare that a provision of this Act so applies to the extent and for the time specified in the notice, and the provision shall apply accordingly.''.

Page 28, after sub-clause 40 (1), insert the following new sub-clause:

""(1A) Where, at any time before or during the hearing of proceedings before a court in relation to an offence against this Act, there is submitted to the Judge or Magistrate a certificate signed by the Minister certifying that the proceedings involve or may involve matters relating to-

(a) ships, aircraft or equipment of a visiting allied force;

(b) a member of a visiting allied force; or

(c) a member of the Defence Force or a Commonwealth officer associated with a visiting allied force,

the Judge or Magistrate shall make orders-

(d) that all members of the public be excluded during the proceedings;

(e) that no report of the proceedings be published; and

(f) prohibiting access, before, during or after the proceedings, to any affidavit, exhibit, information or other document used in the proceedings that is on the file in the court or in the records of the court.''.

Page 28, sub-clause 40 (2), line 18, after ""sub-section (1)'', insert ""or (1A)''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 29

Senators- Alston Archer Baume, Michael Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff Knowles Lewis MacGibbon Parer Puplick Reid Sheil (Teller) Short Teague Townley Vanstone Walters Watson Withers

NOES, 37

Senators- Aulich Black Bolkus Childs Coates Coleman Colston Cooney Crowley Devlin Elstob Evans Foreman Gietzelt Giles Grimes Haines Jones (Teller) McIntosh McKiernan Macklin Maguire Mason Morris Powell Ray Reynolds Richardson Robertson Ryan Sanders Sibraa Siddons Vallentine Vigor West Zakharov

Amendments negatived accordingly.

Bill, as amended, further considered.

Senator Sanders moved an amendment, viz:

Page 32, after sub-clause 51 (1), insert the following new sub-clauses:

""(1A) A report shall include the following information in respect of the period to which the report relates-

(a) for all nuclear material and associated items of Australian origin transferred from Australia to any foreign jurisdiction or between foreign jurisdictions-

(i) the total quantities in each stage of the nuclear fuel cycle; and

(ii) the intended end-use,

of the nuclear material and the items transferred to each jurisdiction;

(b) the quantities, categories and intended end-use of all nuclear material and associated items within Australia; and

(c) any unreconciled differences in quantities of-

(i) nuclear material of Australian origin, wherever situated; or

(ii) nuclear materials within Australia, regardless of origin,

and an explanation of those differences.

""(1B) In sub-section (1A), "foreign jurisdiction' means a foreign country or the European Atomic Energy Community.''.

Debate ensued.

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

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Bjelke-Petersen) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Evans the Report from the Committee was adopted, and the Bill read a third time.