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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Naval Nuclear Power Safety
(Transitional Provisions) Bill 2023
No. , 2023
(Defence)
A Bill for an Act to deal with transitional matters
relating to the enactment of the
Australian Naval
Nuclear Power Safety Act 2023
, and for related
purposes
No. , 2023
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Transitional provisions
3
No. , 2023
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
1
A Bill for an Act to deal with transitional matters
1
relating to the enactment of the
Australian Naval
2
Nuclear Power Safety Act 2023
, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Australian Naval Nuclear Power Safety
7
(Transitional Provisions) Act 2023
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
No. , 2023
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
At the same time as the
Australian Naval
Nuclear Power Safety Act 2023
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Transitional provisions
Schedule 1
No. , 2023
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
3
Schedule
1--Transitional provisions
1
2
1 Definitions
3
In this Schedule:
4
ANNPS Act
means the
Australian Naval Nuclear Power Safety Act
5
2023
.
6
ARPANS Act
means the
Australian Radiation Protection and Nuclear
7
Safety Act 1998
.
8
commencement
means the commencement of this Act.
9
regulated activity
has the same meaning as in section 9 of the ANNPS
10
Act.
11
2 Transitioning certain facility licences under the ARPANS
12
Act to licences under the ANNPS Act
13
(1)
This item applies if:
14
(a) a facility licence is issued to a person (the
licence holder
)
15
under section 32 of the ARPANS Act; and
16
(b) the licence is in force immediately before commencement;
17
and
18
(c) the licence authorises a person to conduct an activity referred
19
to in subsection 30(1) of the ARPANS Act but does not
20
authorise an activity referred to in paragraph 32(1A)(b) of
21
that Act; and
22
(d) at commencement, the activity is a facility activity (within
23
the meaning of section 11 of the ANNPS Act).
24
(2)
On and after commencement the licence:
25
(a) has effect as if it were an Australian naval nuclear power
26
safety licence issued to the licence holder under
27
subsection 31(1) of the ANNPS Act; and
28
(b) is subject to the following conditions:
29
(i) the conditions referred to in paragraphs 32(1)(a) and (b)
30
of the ANNPS Act;
31
(ii) any conditions specified in relation to the licence by the
32
Regulator on or after commencement under
33
subsection 34(2) of the ANNPS Act;
34
Schedule 1
Transitional provisions
4
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
No. , 2023
(iii) any conditions prescribed by the regulations.
1
Note:
Paragraph (a) means that on and after commencement the licence is
2
taken to be an Australian naval nuclear power safety licence
and can
3
be dealt with as such. On and after commencement, it is no longer a
4
licence under the ARPANS Act and section 35 of that Act (about
5
licence conditions) no longer applies to the licence.
6
3 Transitioning certain facility licences and source licences
7
under the ARPANS Act to licences under the ANNPS
8
Act
9
(1)
This item applies if:
10
(a) a licence is issued to a person (the
licence holder
) under
11
section 32 or 33 of the ARPANS Act; and
12
(b) the licence is in force immediately before commencement;
13
and
14
(c) the licence authorises a person:
15
(i) to conduct an activity referred to in subsection 30(1) of
16
the ARPANS Act and an activity referred to in
17
paragraph 32(1A)(b) of that Act; or
18
(ii) to conduct an activity referred to in subsection 31(1) of
19
the ARPANS Act; and
20
(d) at commencement, the activity is a regulated activity.
21
(2)
On and after commencement the licence continues in force (and may be
22
dealt with) under the ARPANS Act but only to the extent that the
23
licence relates to an activity that is not a regulated activity.
24
(3)
On and after commencement the licence, only to the extent that it
25
relates to a regulated activity:
26
(a) has effect as if it were an Australian naval nuclear power
27
safety licence issued to the licence holder under
28
subsection 31(1) of the ANNPS Act; and
29
(b) is subject to the following conditions:
30
(i) the conditions referred to in paragraphs 32(1)(a) and (b)
31
of the ANNPS Act;
32
(ii) any conditions specified in relation to the licence by the
33
Regulator on or after commencement under
34
subsection 34(2) of the ANNPS Act;
35
(iii) any conditions prescribed by the regulations.
36
Transitional provisions
Schedule 1
No. , 2023
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023
5
Note:
Paragraph (a) means that on and after commencement the licence, to
1
the extent it relates to a regulated activity, is taken to be an Australian
2
naval nuclear power safety licence
and can be dealt with as such. On
3
and after commencement, it is no longer a licence under the ARPANS
4
Act to the extent the licence relates to the regulated activity, and
5
section 35 of that Act (about licence conditions) no longer applies to
6
the licence to that extent.
7
4 Regulations
8
(1)
The Governor-General may make regulations prescribing matters:
9
(a) required or permitted by this Act to be prescribed by the
10
regulations; or
11
(b) necessary or convenient to be prescribed for carrying out or
12
giving effect to this Act.
13
(2)
The regulations may prescribe matters of a transitional nature (including
14
prescribing any saving or application provisions) relating to:
15
(a) the enactment of the ANNPS Act; or
16
(b) transitioning the regulation of matters relating to regulated
17
activities from the ARPANS Act to the ANNPS Act.
18
(3)
Items 2 and 3 do not limit the regulations that may be made for the
19
purposes of this item.
20