Requirement to implement the physical protection measures under the amended Convention on the Physical Protection of Nuclear Material (CPPNM) to protect nuclear materials in domestic use, transport and storage, and nuclear facilities against sabotage

Description of issue

The CPPNM appears as Schedule 4 of the Nuclear Non-Proliferation (Safeguards) Act 1987 ("the Act"). The CPPNM was amended by agreement of the States Parties to the Convention on 8 July 2005. The most significant difference from the original CPPNM are the new requirements to protect nuclear facilities and nuclear materials in domestic use, transport and storage, including measures to protect nuclear facilities against sabotage. These requirements come into effect following the entry into force of the Amendment to the Convention which requires two thirds of the 112 States Parties to have either ratified, accepted or approved the Amendment. The amended CPPNM requires changes and additions to the provisions of the Act - notably offences under Part III, Division 2 and Schedule 4.

Consultation opportunities

The proposed changes are unlikely to have any general impact on businesses or Government agencies in Australia. In addition, the Office of Regulation Review, in examining the proposed amendments to the Act, considered that a Regulation Impact Statement (RIS) was not required because of the limited impact of these amendments.

The changes may affect Permits (issued under the Act) to possess or transport nuclear materials. Permit Holders are required to apply appropriate physical protection measures to nuclear materials in their possession and nuclear facilities covering most, if not all the new CPPNM requirements. Nevertheless, consultations have been conducted the States and Territories and relevant commonwealth agencies. Furthermore, key commonwealth nuclear agencies, including those most likely to be affected by the proposed amendments to the CPPNM have been active contributors during their negotiation.

Expected timetable

The amendment to the Safeguards Act is expected around mid 2007.

Date last modified

13 July 2006.

Contact details

Dr Stephan Bayer

Australian Safeguards and Non-Proliferation Office

Tel: (02) 6261 1920 |
Fax: (02) 6261 1908

Email: asno@dfat.gov.au