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COMMONWEALTHAct
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s 4A

Meaning of controlled material

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Part 1Preliminary

4A Meaning of controlled material

(1)

Controlled material means controlled material within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 that is controlled material to which subsections (2) and (3) apply.

(2)

This subsection applies to controlled material if:

(a)

it has been used in Australia, generated by activities in Australia, or sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel (within the meaning of the Australian Nuclear Science and Technology Organisation Act 1987); and

(b)

it is not high level radioactive material or spent nuclear fuel.

(3)

This subsection applies to controlled material if it is one or more of the following:

(a)

controlled material that is radioactive waste (within the meaning of the Joint Convention);

(b)

controlled material that is generated as a result of activities that relate to the defence of Australia;

(c)

controlled material that needs to be securely managed to prevent its use in the commission of a terrorist act (within the meaning of the Crimes Act 1914);

(d)

controlled material that is generated, possessed or controlled by the Commonwealth or by a Commonwealth entity in the performance of its functions;

(e)

controlled material that is generated by a State or an authority of a State;

(f)

controlled material that is generated by a Territory or an authority of a Territory, or within a Territory.

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