Australian Nuclear Science and Technology Organisation Act 1987

In this Act, unless the contrary intention appears:

nuclear application and use; or

non‑nuclear application and use.

a person who is a party to a contract with the Commonwealth or a Commonwealth entity; or

a person who is a subcontractor for a contract with the Commonwealth or a Commonwealth entity.

a body corporate established for a public purpose by or under an Act; or

a company in which a controlling interest is held by any one of the following persons, or any 2 or more of the following persons together:

the Commonwealth;

a body covered by paragraph (a).

the Australian Federal Police; or

a police force of a State or Territory; or

the Immigration and Border Protection Department; or

any other authority or person responsible for the enforcement of the laws of the Commonwealth, a State or a Territory.

the Chief Executive Officer; or

an officer or employee.

any activities in the fields of natural or applied science (including engineering and technology) for the extension or application of knowledge;

any activities that involve innovation or high levels of technical risk for the purposes of creating new or improved materials, products, devices or processes;

the education and training of persons in matters related to activities mentioned in paragraph (a) or (b).

is or was capable of producing energy by a self‑sustaining chain process of nuclear fission; and

has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph (a) applies in such an arrangement that a self‑sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons).

a contract with a Commonwealth contractor (within the meaning of paragraph (a) of the definition of Commonwealth contractor); or

a contract with another subcontractor (under a previous application of this definition).

A reference in this Act to dealing with securities includes a reference to:

creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or reselling securities;

creating, selling, purchasing or reselling rights or options in respect of securities; and

entering into agreements or other arrangements relating to securities.

The body corporate that was, immediately before the commencing day in existence by virtue of section 8 of the Atomic Energy Act 1953 under the name Australian Atomic Energy Commission continues in existence by force of this subsection as a body corporate, under and subject to the provisions of this Act, under the name Australian Nuclear Science and Technology Organisation.

The Public Governance, Performance and Accountability Act 2013 applies to the Organisation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

The Organisation:

shall have a seal; and

may sue and be sued.

All courts, judges and persons acting judicially shall take judicial notice of the imprint of the seal of the Organisation appearing on a document and shall presume that the document was duly sealed.

The functions of the Organisation are:

to undertake research and development in relation to:

nuclear science and nuclear technology; and

the application and use of nuclear science and nuclear technology; and

the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; and

such other matters as the Minister directs; and

to encourage and facilitate the application and use of the results of such research and development; and

to condition, manage and store radioactive materials and radioactive waste, arising from:

the Organisation’s activities (including the production of radioactive materials for other persons); or

the activities of companies in which the Organisation holds a controlling interest (including the production of radioactive materials for other persons); or

the use by other persons of radioactive materials produced by the Organisation or such companies; or

the activities of other persons who are specified in the regulations; and

to condition, manage and store radioactive materials and radioactive waste generated, possessed or controlled by the Commonwealth or a Commonwealth entity; and

to condition, manage and store radioactive materials and radioactive waste at the request of:

a law enforcement agency; or

a Commonwealth, State or Territory agency responsible for the management of emergencies or disasters;

to condition, manage and store radioactive waste that has been, or is to be, sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel; and

to produce, acquire, provide and sell goods, and to provide services, that are:

in connection with the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; or

in connection with the conditioning, management and storage of radioactive materials or radioactive waste; or

in connection with nuclear science and nuclear technology; or

in connection with the application and use of nuclear science and nuclear technology; or

otherwise in connection with matters related to its activities; and

to act as a means of liaison between Australia and other countries in matters related to its activities; and

to provide advice on aspects of:

nuclear science and nuclear technology; and

the application and use of nuclear science and nuclear technology; and

other matters related to its activities; and

to make available to other persons, whether or not on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Organisation by:

providing training and management expertise; or

selling or leasing equipment; or

leasing land, buildings and facilities; or

taking any other action that the Organisation thinks appropriate; and

See also subsection (4A) of this section and subsection 6(3).

to co‑operate with appropriate authorities of the Commonwealth, the States and the Territories, and with other organisations and institutions in Australia or elsewhere, in matters related to its activities; and

to publish scientific and technical reports, periodicals and papers on matters related to its activities; and

to collect and sell or distribute, as appropriate, information and advice on matters related to its activities; and

to arrange for training, and the establishment and award of scientific research studentships and fellowships, in matters related to its activities; and

to make grants in aid of research into matters related to its activities; and

to make arrangements with universities and other educational research institutions, professional bodies and other persons for the conduct of research or of other activities in matters related to its activities.

A regulation made for the purposes of subparagraph (1)(ba)(iv) must not have the effect of authorising the premises on which the Lucas Heights Research Laboratories are situated to become a national nuclear waste repository.

In subsection (1A):

Without limiting paragraph 5(1)(bb):

radioactive materials and radioactive waste generated by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be generated by the Commonwealth or the Commonwealth entity, as the case requires; and

radioactive materials and radioactive waste possessed or controlled by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be possessed or controlled by the Commonwealth or the Commonwealth entity, as the case requires.

The Organisation shall not undertake research or development into the design or production of nuclear weapons or other nuclear explosive devices.

In undertaking its functions, the Organisation is to have regard to:

the Commonwealth Government’s national science, technology and energy policy objectives; and

the Commonwealth Government’s commercialisation objectives for public research institutions.

The Minister shall not give a direction under subparagraph (1)(a)(iii) to the Organisation to undertake research or development in relation to a matter unless the Minister is satisfied that research or development by the Organisation in relation to that matter would be an effective use of the staff of the Organisation, and would not duplicate unnecessarily any activity being carried on, or proposed to be carried on, by any other agency or authority of the Commonwealth.

Without limiting paragraph (1)(ea), the Organisation may perform its function under that paragraph for the purposes of scientific research, innovation and training.

Subject to this Act, the Organisation has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:

to enter into contracts;

to acquire, hold and dispose of real or personal property;

to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Organisation;

to erect buildings and structures and carry out works;

to form, or participate in the formation of, a company or partnership;

to appoint agents and attorneys, and to act as an agent for other persons;

to engage persons to perform services for the Organisation;

to design, produce, construct and operate equipment and facilities; and

to do anything incidental to any of its powers.

The powers of the Organisation may be exercised within or outside Australia.

To avoid doubt, the Organisation has the power to construct buildings and facilities for the sole purpose of performing the function referred to in paragraph 5(1)(ea).

The Organisation may perform its functions only:

for purposes relating to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or

for purposes relating to trade and commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories; or

for purposes relating to postal, telegraphic, telephonic or other like services; or

for purposes relating to the security or defence of Australia; or

for purposes relating to astronomical and meteorological observations; or

for purposes relating to statistics; or

for purposes relating to weights and measures; or

for purposes relating to copyrights, patents of inventions and designs, and trade marks; or

for purposes relating to the provision of medical and dental services; or

for purposes related to external affairs, including:

giving effect to any international agreement to which Australia is a party; and

addressing matters of international concern; and

by way of the performance of its functions in a place outside Australia; or

for purposes relating to the relations of the Commonwealth with the islands of the Pacific; or

in, or for purposes relating to, a Territory; or

in, or for purposes relating to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

A term used in subsection (1) and the Constitution has the same meaning in that subsection as it has in the Constitution.

If the Organisation subscribes for or purchases debentures, or other securities, of a company, the Minister shall:

cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase; and

cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after:

subject to subparagraph (ii), the subscription or purchase took place; or

if the Minister is of the opinion that the disclosure of the subscription or purchase would affect adversely the commercial interests of the Organisation, the Minister ceases to be of that opinion.

This section does not apply in relation to a matter that gives rise to an obligation under section 72 of the Public Governance, Performance and Accountability Act 2013 (which deals with tabling of notices relating to matters such as acquisition of shares).

Subject to subsection (4), a law to which this section applies does not apply, and is taken never to have applied, in relation to:

the Organisation; or

the Organisation’s property or transactions; or

anything done by or on behalf of the Organisation.

Subject to subsections (4) and (5), at all times during which the Organisation holds, or has held, a controlling interest in a particular company, a law to which this section applies does not apply, or is taken not to have applied, as the case requires, in relation to:

the company; or

the company’s property or transactions; or

anything done by or on behalf of the company.

This section applies to a law of a State or Territory so far as the law relates to:

the use or proposed use of land or premises; or

the environmental consequences of the use of land or premises; or

radioactive materials or dangerous goods; or

licensing in relation to:

employment; or

carrying on a particular kind of business or undertaking; or

conducting a particular kind of operation.

This section does not apply to a law of a kind referred to in subsection (3) if the law is specified in regulations made for the purposes of this subsection.

Subsection (2) does not apply in relation to any property or transaction of a company of a kind referred to in that subsection, or to anything done by such a company, if the property, transaction or thing is wholly unconnected with any matter that is within the scope of the Organisation’s functions or powers.

Nothing in this section implies that a law to which this section does not apply, applies in relation to:

the Organisation; or

the property or transactions of the Organisation; or

any act or thing done by or on behalf of the Organisation.

In this section:

subordinate legislation; and

a provision of a law.

The Board consists of:

the Chief Executive Officer; and

at least 5, but not more than 8, other members.

The members other than the Chief Executive Officer shall be appointed by the Governor‑General.

The appointed members may be appointed either as full‑time members or as part‑time members.

The Governor‑General shall appoint one of the members to be the Chairperson of the Board and another of the members to be the Deputy Chairperson of the Board.

A member of the staff of the Organisation other than the Chief Executive Officer shall not be appointed as a member of the Board if:

the number of non‑staff members does not constitute a majority of the members of the Board; or

as a result of the appointment, the number of non‑staff members would not constitute such a majority.

An appointed member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment of the member but he or she is eligible for re‑appointment.

The member who is the Chairperson or the Deputy Chairperson ceases to be the Chairperson or Deputy Chairperson, as the case may be, if he or she ceases to be a member.

The Minister may appoint a person to be a deputy of a specified member other than the Chairperson, the Deputy Chairperson or the Chief Executive Officer.

If a member other than the Chairperson, the Deputy Chairperson or the Chief Executive Officer is absent from a meeting of the Board, the deputy of that member may attend the meeting in place of that member and, when so attending, shall be deemed to be a member.

The performance of the functions, or the exercise of the powers, of the Board is not affected because of a vacancy in the office of Chief Executive Officer or because there are fewer than 5 appointed members for a period of not more than 3 months.

For the manner in which the Chairperson and Deputy Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

The functions of the Board are to ensure the proper and efficient performance of the functions of the Organisation and, subject to section 11, to determine the policy of the Organisation with respect to any matter.

In performing its functions, the Board shall have regard to the current policies of the Commonwealth Government in relation to matters within the functions of the Organisation.