1Short title
This Act is the Australian Naval Nuclear Power Safety Act 2024.
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Bill homepage (APH)This Act is the Australian Naval Nuclear Power Safety Act 2024.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. | 1 November 2025 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
This Act is about regulating activities relating to AUKUS submarines to ensure the nuclear safety of those activities.
AUKUS submarines are conventionally‑armed, nuclear‑powered submarines operated, or under construction in Australia, for naval or military purposes by Australia (these are “Australian submarines”) or by the United Kingdom or the United States of America (these are “UK/US submarines”).
The activities that are regulated by this Act are called “regulated activities”. There are 3 types of regulated activities.
• The first type are “facility activities”. These are activities that relate to particular facilities (called “NNP facilities”) that are relevant to AUKUS submarines (such as facilities to construct an AUKUS submarine) (see sections 11 and 12 for facility activities and NNP facilities).
• The second type are “submarine activities”. These are activities that relate to AUKUS submarines themselves (such as constructing an AUKUS submarine) (see section 13 for submarine activities).
• The third type are “material activities”. These are activities that relate to certain material, equipment and plant (called “NNP material” and “NNP equipment or plant”) which emit or produce radiation and are from, or for use on, AUKUS submarines (see sections 14 and 15 for material activities).
Regulated activities can only occur in designated zones (which are particular areas in Australia (see section 10)) or in relation to Australian submarines.
There are nuclear safety duties that apply to people when they conduct regulated activities. For example, they must ensure nuclear safety, and must be authorised by a licence, when conducting those activities. There are additional nuclear safety duties that apply to licence holders (such as the duty to establish, implement and maintain a nuclear safety management system and report nuclear safety incidents) as well as other persons authorised under a licence (such as the duty to implement and comply with the nuclear safety management system and comply with licence conditions). A person who breaches a nuclear safety duty may be subject to civil or criminal penalties. Part 2 deals with nuclear safety duties.
A person must be authorised by an Australian naval nuclear power safety licence to conduct a regulated activity. Only Commonwealth‑related persons can apply for a licence and be a licence holder, but other people may be authorised under a licence. Part 3 deals with licences.
This Act establishes an independent regulator, called the “Australian Naval Nuclear Power Safety Regulator”, which has functions relating to regulated activities, such as licensing, investigating whether people are complying with this Act, and taking enforcement action if they are not. Part 4 deals with compliance and enforcement powers. Part 5 establishes the Regulator and deals with other administrative matters relating to the Regulator.
This Division is about the terms that are defined in this Act.
The Dictionary is a list of every term that is defined in this Act. The Dictionary is in section 5.
A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.
In this Act:
approved form means a form approved under section 146.
AUKUS submarine: see subsection 7(1).
Australian Naval Nuclear Power Safety Inspector means any of the following:
the Director‑General;
the Deputy Director‑General;
an individual in respect of whom an appointment is in force under section 86.
Australian naval nuclear power safety licence: see section 27.
Australian submarine: see subsection 7(2).
authorised person, in relation to a licence, means a person authorised to conduct a regulated activity under the licence (see paragraphs 27(a) and (b)).
Other parts of speech and grammatical forms of “authorised person” (for example, “person authorised”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
civil penalty order has the same meaning as in the Regulatory Powers Act.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Commonwealth company has the same meaning as in subsection 89(1) of the Public Governance, Performance and Accountability Act 2013.
Commonwealth contractor: see subsection 29(2).
Commonwealth entity has the same meaning as in section 10 of the Public Governance, Performance and Accountability Act 2013.
Commonwealth officer means:
a Minister; or
an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity, including (to avoid doubt):
a member of the Australian Defence Force; and
a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979).
Commonwealth‑related person: see subsection 29(1).
corporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Public Governance, Performance and Accountability Act 2013.
defence staff member means any of the following:
the Chief of the Defence Force or the Vice Chief of the Defence Force;
the Chief of Navy, the Chief of Army or the Chief of Air Force;
a member of the Permanent Forces (within the meaning of the Defence Act 1903);
a member of the Reserves (within the meaning of the Defence Act 1903);
the Secretary of the Department or an APS employee in the Department;
the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency.
Deputy Director‑General means the Deputy Director‑General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 108.
designated zone: see subsection 10(2).
Director‑General means the Director‑General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 106.
engage in conduct means:
do an act; or
omit to perform an act.
Other parts of speech and grammatical forms of “engage in conduct” (for example, “engages in conduct”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
evidential material means any of the following:
a thing with respect to which an offence provision, or a civil penalty provision, of this Act has been contravened or is suspected, on reasonable grounds, to have been contravened;
a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision;
a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision.
facility activity: see section 11.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
foreign naval or government vessel means any of the following:
a warship or other vessel that:
is operated for naval or military purposes by a foreign country; and
is under the command of a member of the armed forces of the foreign country; and
bears external marks of nationality; and
is manned by seafarers under armed forces discipline (however described);
a vessel that is used by a foreign country, for the time being, on government non‑commercial service as a naval auxiliary;
a vessel used by a foreign country, for the time being, for customs or law enforcement purposes.
function includes power, obligation or duty.
identity card, in relation to an inspector, means a card issued to the inspector under section 87.
improvement notice: see subsection 77(1).
inspector means an Australian Naval Nuclear Power Safety Inspector.
investigation area means any of the following (including while it is not complete):
an Australian submarine;
a designated zone;
an NNP facility or other premises within a designated zone;
any other premises;
but does not include a foreign naval or government vessel.
An investigation area may not be complete because, for example, it is being constructed or disposed of.
investigation powers: see section 48 and subsections 49(2) and 52(2).
investigation warrant means:
a warrant issued by an issuing officer under section 68; or
a warrant signed by an issuing officer under section 69.
ionising radiation: see subsection 15(3).
issuing officer: see subsection 95(1).
licence: means an Australian naval nuclear power safety licence.
material activity: see section 14.
member of the Regulator: see subsection 101(2).
monitoring area means any of the following (including while it is not complete):
an Australian submarine;
a designated zone;
an NNP facility or other premises within a designated zone;
but does not include a foreign naval or government vessel.
A monitoring area may not be complete because, for example, it is being constructed or disposed of.
monitoring powers: see section 41 and subsection 42(1).
NNP equipment or plant: see subsection 15(2).
NNP facility: see section 12.
NNP material: see subsection 15(1).
non‑corporate Commonwealth entity has the same meaning as in paragraph 11(b) of the Public Governance, Performance and Accountability Act 2013.
non‑ionising radiation: see subsection 15(4).
nuclear safety includes:
in all cases—protecting the health and safety of people, and the environment, from the harmful effects of ionising radiation and non‑ionising radiation; and
in relation to an activity that is a regulated activity—the following matters to the extent they relate to the matters in paragraph (a):
the implementation of proper operating conditions for the activity;
the prevention of accidents relating to the activity;
the mitigation of the consequences of such accidents (if they occur).
nuclear safety incident: see subsection 21(2).
occupier, in relation to a monitoring area, an investigation area or premises, includes an individual present in the area or premises who is in apparent control of the area or premises.
offence provision, of this Act, includes an offence provision of the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act.
See also section 140.
Osborne designated zone: see subsection 10(4).
paid work: see subsection 114(2).
person assisting an inspector: see subsection 88(1).
premises includes the following:
a structure, building, vehicle, vessel or aircraft, that is in Australia;
a place (whether or not enclosed or built on) that is in Australia;
a part of a thing referred to in paragraph (a) or (b);
but does not include a foreign naval or government vessel.
prohibition notice: see subsection 78(2).
radioactive waste management facility includes a facility for managing, storing or disposing of radioactive waste.
reasonably practicable: see subsection (2).
regulated activity: see section 9.
Regulator means the Australian Naval Nuclear Power Safety Regulator established under section 100.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant person, in relation to a monitoring area or an investigation area, means the following:
if the area is an Australian submarine or another vessel—the commanding officer of the submarine or master of the vessel, or an individual who apparently represents the commanding officer or master;
if the area is an aircraft—the pilot in command, a crew member, or the operator, of the aircraft, or an individual who apparently represents the pilot in command or the operator of the aircraft;
otherwise—any owner or occupier of the area, or an individual who apparently represents an owner or occupier of the area.
spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.
staff of the Regulator means the persons referred to in subsection 118(1).
Stirling designated zone: see subsection 10(3).
submarine activity: see section 13.
this Act includes instruments made under this Act.
UK/US submarine: see subsection 7(3).
Reasonably practicable, in relation to a duty imposed on a person under subsection 18(1), 20(1), 22(1) or 24(1) to ensure nuclear safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring nuclear safety, taking into account and weighing up all relevant matters, including:
the likelihood of the hazard or risk concerned eventuating; and
the degree of harm that might result from the hazard or risk concerned eventuating; and
what the person concerned knows, or ought reasonably to know, about:
the hazard or the risk concerned; and
ways of eliminating or minimising the hazard or risk concerned; and
the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and
after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.
The objects of this Act are:
to promote the nuclear safety of activities relating to AUKUS submarines; and
to promote public confidence and trust in relation to the nuclear safety of Australia’s nuclear‑powered submarine enterprise; and
to promote the defence and interests of Australia; and
to support the AUKUS partnership.
An AUKUS submarine is:
an Australian submarine; or
a UK/US submarine;
and includes such a submarine that is not complete (for example, because it is being constructed).
An Australian submarine is a conventionally‑armed, nuclear‑powered submarine operated, or under construction or being disposed of in Australia, for naval or military purposes by Australia.
An UK/US submarine is a conventionally‑armed, nuclear‑powered submarine operated, or under construction in Australia, for naval or military purposes by the United Kingdom or the United States of America.
For the purposes of achieving the objects of this Act, this Act has rules that apply to persons when they conduct regulated activities.
Regulated activities are activities that relate to AUKUS submarines. For what is a regulated activity, see sections 9 to 15.
People who conduct regulated activities must comply with nuclear safety duties (see Part 2 for those duties). A person who breaches a nuclear safety duty may be subject to civil or criminal penalties (Part 2 also deals with penalties for breaches).
Nothing in this Act is to be taken to authorise the following:
the storage in Australia of spent nuclear fuel that is not from an Australian submarine;
the disposal in Australia of spent nuclear fuel that is not from an Australian submarine.
The Regulator must not issue a licence in respect of an activity to which subsection (1) applies.
Nothing in this Act is to be taken to authorise the construction or operation of any of the following:
a nuclear fuel fabrication plant;
a nuclear power plant;
an enrichment plant;
a reprocessing facility.
Paragraph (1)(b) does not apply to a nuclear power plant (however described) that is related to use in an AUKUS submarine.
The Regulator must not issue a licence in respect of the construction or operation of a plant or facility to which subsection (1) applies.
There are 3 types of regulated activity:
a facility activity; and
a submarine activity; and
a material activity.
Regulated activities can only occur in a designated zone or in relation to an Australian submarine.
Facility activities can only occur in a designated zone, and submarine activities and material activities can occur either in a designated zone or in relation to an Australian submarine.
Each of the following is a designated zone:
the Stirling designated zone;
the Osborne designated zone;
any other area in Australia that is prescribed by the regulations to be a designated zone.
The Stirling designated zone is the area known as HMAS Stirling at Garden Island in Western Australia, as described by the regulations.
The Osborne designated zone is the area known as Osborne Naval Shipyard in South Australia, as described by the regulations.
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