Introduction of the Non-Proliferation Legislation Amendment Act 2007, to amend laws about non-proliferation of nuclear and chemical weapons, and for related purposes

Description of issue

The Non-Proliferation Legislation Amendment Act 2007 No. 50,
2007 (NPLA Act) received Royal Assent on 10 April 2007.
The NPLA Act amended the Nuclear Non-Proliferation (Safeguards)
Act 1987 (Safeguards Act), to enable Australia to implement
its international obligations with respect to new physical
protection measures for nuclear material and nuclear facilities
called for by the 2005 Amendment to the Convention on the Physical
Protection of Nuclear Material (Physical Protection
Convention). That amendment requires States Parties to
establish robust and comprehensive security regimes for nuclear
material and nuclear facilities. Specifically, the NPLA
Act:

• introduced several new offences, including an offence for conduct
  against a nuclear facility which causes, or is likely to cause,
  death or serious injury, or substantial damage to property or to
  the environment by exposure to radiation or release of radioactive
  substances. In addition a new offence of trafficking in
  nuclear materials is introduced.
• allows most provisions implementing the amendment to the Physical
  Protection Convention to come into effect in Australia ahead of the
  entry-into-force of the amended Convention. The NPLA Act is
  the main element of legislative steps that will allow Australia to
  ratify the amended Convention.
• strengthened measures designed to reduce the risk of proliferation
  and sabotage, making the most serious penalty provisions contained
  in the Safeguards Act consistent with penalties under comparable
  Commonwealth non-proliferation and counter terrorism legislation
  and provides a significant deterrent to the commission of such
  offences.
• introduced a requirement for a permit to be obtained under the
  Safeguards Act where a nuclear or related facility is to be
  decommissioned in Australia. This seeks to ensure that
  non-proliferation safeguards measures can be effectively applied in
  the course of decommissioning, underscoring Australia's
  ability to apply the principle that planned nuclear activities are
  fully transparent to the International Atomic Energy Agency.

The NPLA Act amended the Safeguards Act, the Comprehensive
Nuclear Test-Ban Treaty Act 1998 (CTBT Act) and the Chemical
Weapons (Prohibition) Act 1994 (CWP Act), to improve the
application of Australia's existing non-proliferation
arrangements. The NPLA Act:

• made the most serious penalty provisions contained in the CTBT Act
  and the CWP Act consistent with penalties under comparable
  Commonwealth non-proliferation legislation, providing a significant
  deterrent to the commission of such offences.
• extended geographical jurisdiction for offences related to
  proliferation of nuclear and chemical weapons by an Australian
  citizen or resident anywhere.

The changes have minimal affect on business. Furthermore, the
then Office of Regulation Review in examining the Bill, considered
that a Regulation Impact Statement (RIS) was not required because
of the limited impact of the then Bill.

Date of effect

10 April 2007

Contact details

For the Safeguards Act

Dr Stephan Bayer

Australian Safeguards and Non-Proliferation Office

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

Email: asno@dfat.gov.au

For the CTBT Act

Malcolm Coxhead, Head, CTBT Implementation Section,

Australian Safeguards and Non-Proliferation Office

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

Email: asno@dfat.gov.au

For the CWC Act

Dr Josy Meyer

Australian Safeguards and Non-Proliferation Office

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

Email: asno@dfat.gov.au