NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Objects of Act
- 4 Interpretation
- 4A Supplementary Agency Agreements
- 5 Conduct by directors, employees or agents
- 6 Act to extend to external Territories
- 7 Act binds the Crown
- 8 Application of Act (other than Division 2A of Part III)
- 8A Application of the Criminal Code
PART II--CONTROL--OF NUCLEAR MATERIAL, ASSOCIATED ITEMS AND RELATED FACILITIES
- 9 Nuclear material to which this Part applies
- 10 Associated items to which this Part applies
- 11 Exemption and termination declarations
- 12 Application for permit
- 13 Permit to possess nuclear material or associated items
- 14 Permit not to be granted to owner or operator of nuclear facility unless Director satisfied as to certain matters
- 15 Permit not to be granted where nuclear material etc. to be held outside nuclear facility unless Director satisfied as to certain matters
- 16 Special transport permit
- 16A Permit to establish facility
- 16B Permit to decommission facility
- 17 Application for authority to communicate information
- 18 Authority to communicate information
- 19 Revocation of permit or authority
- 20 Notification of grant, variation or revocation of permit or authority
- 21 Effect of grant of permit or authority
- 22 Review of decisions
PART III--OFFENCES
Division 1--General offences
- 23 Possession of nuclear material or associated item without permit
- 24 Special provisions for carriers
- 25 Breach of condition of permit or authority etc.
- 25A Breach of duty to ensure security of associated technology
- 26 Unauthorised communication of information
- 26A Communication prejudicing security of nuclear material or associated item
- 27 Minister to be given certain notices in respect of exempt nuclear material
- 28 Interference with containment or surveillance devices
- 28A Establishment of facility without permit
- 29 Information in relation to design for modification of nuclear facility
- 29A Decommissioning of facility without permit
- 30 False or misleading statements etc.
- 31 Obstruction of Agency inspector
- 31A Unauthorised access to areas etc. to which access is restricted under permit
Division 2--Offences relating to the Physical Protection Convention
- 32 Definitions
- 33 Stealing nuclear material
- 34 Demanding nuclear material by threats etc.
- 34A Carrying, sending or moving nuclear material
- 35 Use of nuclear material causing death or injury to persons or damage to property or the environment
- 35A Acts against nuclear facilities etc.
- 36 Threat to use nuclear material
- 37 Threat to commit offence
- 38 Extension of application of offence provisions
Division 2A--Offences relating to nuclear terrorism
- 38A ADF members not liable for prosecution
- 38B Definitions
- 38C Possessing radioactive material or Convention device, or making Convention device
- 38D Using radioactive material, or using or damaging Convention device or nuclear facility
- 38E Threats and demands
- 38F Jurisdictional requirement
- 38G Double jeopardy and foreign offences
- 38H Attorney - General's consent needed to bring proceedings for offence under this Division
- 38J Evidentiary certificates
Division 3--Miscellaneous
- 39 Forfeiture
- 40 Hearing in camera etc.
- 41 Register of Permit and Authority Holders to be evidence of certain matters
PART IV--ADMINISTRATION
Division 1--Director of Safeguards
- 42 Director of Safeguards
- 43 Functions of Director
- 44 Directions of Minister
- 45 Remuneration and allowances
- 46 Leave of absence
- 47 Resignation
- 48 Termination of appointment
- 49 Disclosure of interests
- 50 Acting Director
- 51 Annual report by Director
- 52 Additional reports
- 53 Delegation by Director
Division 2--Australian Safeguards Office
- 54 Australian Safeguards Office
- 55 Staff
- 56 Engagements of consultants etc.
Division 3--Inspectors and Agency inspectors
- 57 Inspectors and Agency inspectors
- 58 Identity cards
Division 4--Inspections, searches and seizures
- 59 Safeguards inspections by inspectors
- 60 Safeguards inspections by Agency inspectors
- 61 Offence - related searches and seizures
- 62 Warrants may be granted by telephone
- 63 Emergency searches and seizures
- 64 Inspectors and Agency inspectors to produce evidence of identity
- 65 Persons to assist inspectors
- 66 Inspector may require information etc.
- 67 Seizure of nuclear material etc. where required by prescribed international agreement
Division 5--Miscellaneous
- 68 Compliance with conditions etc.
- 69 Register of Permit and Authority Holders to be kept
PART IVA--CHARGES
- 69A Charge--producers of uranium ore concentrates
- 69B Extension of time to pay
- 69C Payment by instalments
PART V--MISCELLANEOUS
- 70 Powers to be exercised in accordance with international agreements
- 71 Reports etc. to be confidential
- 72 Delegation by Minister
- 73 Orders and directions
- 74 Regulations
