1Name of regulations
These regulations are the Nuclear Non‑Proliferation (Safeguards) Regulations 1987.
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These regulations are the Nuclear Non‑Proliferation (Safeguards) Regulations 1987.
In these regulations, unless the contrary intention appears:
depleted uranium means uranium in which the abundance of the isotope uranium‑235 is less than that occurring in natural uranium.
the Act means the Nuclear Non‑Proliferation (Safeguards) Act 1987.
The international agreements specified in Schedule 1 are prescribed for the purposes of paragraph (b) of the definition of prescribed international agreement in subsection 4(1) of the Act.
For paragraph 4(3)(a) of the Act, the Amendment to the Convention on the Physical Protection of Nuclear Material as adopted in the Final Act of the Conference of the International Atomic Energy Agency dated 8 July 2005, has effect.
The Amendment comes into force 30 days after two thirds of all State Parties have deposited their instruments of ratification, acceptance or approval with the depositary, in accordance with Article 20 of the Physical Protection Convention.
For paragraph 4(3)(a) of the Act, the following amendments have effect:
Exchange of Notes dated 23 November 2006 constituting an Agreement between the Government of Australia and the Government of Japan to amend, by replacing the Delineated and Recorded Japanese Nuclear Fuel Cycle Program, the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;
Exchange of Notes dated 1 August 2000 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982;
Exchange of Notes dated 10 September 1999 constituting an Agreement between the Government of Australia and the Government of Japan to further amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy of 5 March 1982.
A Supplementary Agency Agreement mentioned in an item in Schedule 2 has effect, for the purposes of the Act, from the day mentioned in column 3 of the item.
For the purposes of paragraph 9(c) of the Act, each of the following kinds of nuclear material is nuclear material of a kind to which Part II of the Act does not apply:
depleted uranium that is contained in:
counterweights installed in aircraft, other than Australian aircraft, in transit through Australia; or
the keels of ships, other than Australian ships, in transit through Australia;
thorium that is incorporated in:
an incandescent gas mantle;
an electric light bulb;
an electronic component;
a welding rod; or
a finished aircraft part;
source material that is incorporated in:
the glazing of a finished ceramic product; or
an alloy in the form of a finished constructional product, being an alloy the source material component of which is not more than 4% by weight of uranium or thorium;
source material that is contained in:
a chemical mixture, compound or solution, or an alloy, in which the uranium or thorium content by weight is less than 0.05% of the weight of the mixture, compound, solution or alloy;
a prescribed chemical mixture, compound or solution in a quantity not exceeding 10 kilograms element weight of uranium or thorium; or
a prescribed alloy in a quantity not exceeding 10 kilograms element weight of uranium or thorium;
uranium ore concentrates extracted in Australia and containing not more than 10 kilograms element weight of uranium;
thorium concentrates extracted in Australia and containing not more than 10 kilograms element weight of thorium.
In this regulation, a reference to a prescribed chemical mixture, compound or solution shall be read as a reference to a chemical mixture, compound or solution that is not:
intended for use for the purposes of a nuclear activity;
of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or
subject to the provisions of the Agency Agreement or a prescribed international agreement.
In this regulation, a reference to a prescribed alloy shall be read as a reference to an alloy that is not:
intended for use for the purposes of a nuclear activity;
of a composition and purity making it suitable for fuel fabrication or for isotopic enrichment; or
subject to the provisions of the Agency Agreement or a prescribed international agreement.
For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the grant of a permit or authority:
the name and address of the person to whom the permit or authority is granted;
the number of the permit or authority;
the nature of the permit or authority;
the date of grant of the permit or authority;
the period for which the permit or authority is to have effect.
For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the variation of a permit or authority:
the name and address of the person to whom the permit or authority was granted;
the number of the permit or authority;
the nature of the permit or authority;
the day on which the permit or authority as originally granted took effect;
the day on which the variation took effect.
For the purposes of subsection 20(2) of the Act, the following particulars are prescribed in relation to the revocation of a permit or authority:
the name and address of the person to whom the permit or authority was granted;
the number of the permit or authority;
the nature of the permit or authority;
the day on which the permit or authority as originally granted took effect;
the day on which any variation of the permit or authority took effect;
the day on which the revocation of the permit or authority took effect.
For the purposes of subsection 24(1) of the Act, the following kinds of nuclear material are prescribed:
source material, other than source material consisting of or containing:
1000 or more kilograms element weight of depleted uranium;
500 or more kilograms element weight of natural uranium; or
1000 or more kilograms element weight of thorium;
special fissionable material in a quantity not exceeding one gram isotope weight of plutonium—239, uranium—233 and uranium—235.
For the purposes of subsection 24(1) of the Act, the following kinds of associated items are prescribed:
deuterium or heavy water in a quantity not exceeding 200 kilograms weight of deuterium atoms;
nuclear grade graphite in a quantity not exceeding 30 tonnes.
In this regulation:
heavy water means a deuterium compound in which the ratio of deuterium to hydrogen exceeds the ratio 1 to 5000.
nuclear grade graphite means graphite having a purity level better than 5 parts per million boron equivalent and a density of more than 1.5 grams per cubic centimetre.
For the purposes of paragraph 29(2)(b) of the Act, the prescribed period is 60 days.
For the purposes of paragraph 69A(2)(b) of the Act, the amount of charge payable in a financial year by a person referred to in subsection 69A(1) of the Act is the lesser of:
15.1953 cents per kilogram of uranium in the uranium ore concentrates produced by the person in the previous financial year; and
$500,000.
The amendment of paragraph 6(a) made by the Nuclear Non‑Proliferation (Safeguards) Amendment Regulations 2023 applies in relation to charge payable in the 2023‑24 financial year and later financial years.
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