Australian Naval Nuclear Power Safety Act 2024

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.