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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Radioactive Waste Agency
Bill 2022
No. , 2022
(Industry, Science, Energy and Resources)
A Bill for an Act to establish the Australian
Radioactive Waste Agency, and for related
purposes
No. , 2022
Australian Radioactive Waste Agency Bill 2022
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Meaning of
radioactive material
....................................................... 4
6
Meaning of
waste management
of radioactive material..................... 5
Part 2--Establishment and functions of the Australian
Radioactive Waste Agency
6
7
Simplified outline of this Part ............................................................ 6
8
Establishment of Agency ................................................................... 6
9
Constitution of the Agency ................................................................ 7
10
Functions of the Agency .................................................................... 7
11
Minister may give directions to the Agency ...................................... 8
Part 3--Chief Executive Officer and staff etc.
9
Division 1--Introduction
9
12
Simplified outline of this Part ............................................................ 9
Division 2--Appointment and functions of CEO
10
13
Chief Executive Officer ................................................................... 10
14
Functions of the CEO ...................................................................... 10
15
Minister may give directions to the CEO ........................................ 10
16
Appointment of CEO ....................................................................... 10
17
Acting appointments ........................................................................ 11
Division 3--Terms and conditions of appointment of CEO
12
18
Remuneration .................................................................................. 12
19
Leave of absence ............................................................................. 12
20
Engaging in other paid work............................................................ 12
21
Other terms and conditions .............................................................. 12
22
Resignation ...................................................................................... 12
23
Termination of appointment ............................................................ 13
Division 4--Staff etc.
14
24
Staff ................................................................................................. 14
25
Consultants ...................................................................................... 14
26
Persons assisting the Agency ........................................................... 14
Part 4--Miscellaneous
15
ii
Australian Radioactive Waste Agency Bill 2022
No. , 2022
27
Simplified outline of this Part .......................................................... 15
28
Delegation by CEO.......................................................................... 15
29
Rules ................................................................................................ 15
No. , 2022
Australian Radioactive Waste Agency Bill 2022
1
A Bill for an Act to establish the Australian
1
Radioactive Waste Agency, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
Australian Radioactive Waste Agency Act 2022
.
8
Part 1
Preliminary
Section 2
2
Australian Radioactive Waste Agency Bill 2022
No. , 2022
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
This Act establishes the Australian Radioactive Waste Agency.
14
The Agency's functions include:
15
(a)
doing things authorised under the NRWM Act in
16
relation to a facility for the management of controlled
17
material at a selected site; and
18
(b)
functions relating to the waste management of
19
radioactive material, and the transportation of waste
20
material, in Australia; and
21
(c)
developing and maintaining an inventory of radioactive
22
material in Australia for the purposes of the waste
23
management of that material.
24
Preliminary
Part 1
Section 4
No. , 2022
Australian Radioactive Waste Agency Bill 2022
3
The Agency consists of the CEO and the staff of the Agency.
1
The CEO is responsible for managing the affairs of the Agency and
2
ensuring the Agency performs its functions.
3
4 Definitions
4
In this Act:
5
Agency
means the Australian Radioactive Waste Agency
6
established by section 8.
7
CEO
means the Chief Executive Officer of the Agency.
8
Commonwealth entity
has the same meaning as in the NRWM
9
Act.
10
controlled material
has the same meaning as in the NRWM Act.
11
facility
has the same meaning as in the NRWM Act.
12
foreign entity
means:
13
(a) a department of the government of a foreign country or a part
14
of a foreign country; or
15
(b) an agency or authority of a foreign country or a part of a
16
foreign country; or
17
(c) an international organisation.
18
Joint Convention
has the same meaning as in the NRWM Act.
19
NRWM Act
means the
National Radioactive Waste Management
20
Act 2012
.
21
paid work
means work for financial gain or reward (whether as an
22
employee, a self-employed person or otherwise).
23
PGPA Act
means the
Public Governance, Performance and
24
Accountability Act 2013
.
25
Public Service Act
means the
Public Service Act 1999
.
26
radioactive material
: see subsection 5(1).
27
Part 1
Preliminary
Section 5
4
Australian Radioactive Waste Agency Bill 2022
No. , 2022
radioactive waste
has the same meaning as in the Joint
1
Convention.
2
selected site
has the same meaning as in the NRWM Act.
3
transportation
of waste material means transportation to or from:
4
(a) a facility at the selected site; or
5
(b) any other location, for the purposes of the waste management
6
of the material.
7
waste management
of radioactive material: see section 6.
8
waste material
means radioactive material that is radioactive waste
9
and not material of a kind mentioned in paragraphs 5(3)(b) to (f).
10
5 Meaning of radioactive material
11
(1)
Radioactive material
is material:
12
(a) that is any natural or artificial material, whether in solid or
13
liquid form, or in the form of a gas or vapour, which emits
14
ionizing radiation spontaneously; and
15
(b) to which subsections (2) and (3) apply.
16
(2) This subsection applies to material if it has been:
17
(a) used in Australia; or
18
(b) generated by activities in Australia; or
19
(c) sent to Australia under contractual arrangements relating to
20
the conditioning or reprocessing of ANSTO spent nuclear
21
fuel (within the meaning of the
Australian Nuclear Science
22
and Technology Organisation Act 1987
).
23
(3) This subsection applies to material if it is one or more of the
24
following:
25
(a) radioactive waste;
26
(b) material that is generated as a result of activities that relate to
27
the defence of Australia;
28
(c) material that needs to be securely managed to prevent its use
29
in the commission of a terrorist act (within the meaning of
30
section 100.1 of the
Criminal Code
);
31
Preliminary
Part 1
Section 6
No. , 2022
Australian Radioactive Waste Agency Bill 2022
5
(d) material that is generated, possessed or controlled by the
1
Commonwealth or by a Commonwealth entity in the
2
performance of its functions;
3
(e) material that is generated by a State or an authority (within
4
the meaning of the NRWM Act) of a State;
5
(f) material that is generated by a Territory or an authority
6
(within the meaning of the NRWM Act) of a Territory, or
7
within a Territory.
8
6 Meaning of waste management of radioactive material
9
(1)
Waste management
of radioactive material for which no further
10
use is foreseen includes the handling, pre-treatment, treatment,
11
conditioning, storage, disposal or discharge of material of that kind
12
for the purposes of the management of that material.
13
(2)
Waste management
of radioactive material (other than radioactive
14
material of a kind mentioned in subsection (1)) includes the
15
handling, pre-treatment, treatment, conditioning or storage of the
16
material for the purposes of the management, disposal or discharge
17
of the material at a time when no further use of the material is
18
foreseen.
19
(3) Despite subsections (1) and (2),
waste management
of radioactive
20
material does not include the transportation of the material.
21
Part 2
Establishment and functions of the Australian Radioactive Waste Agency
Section 7
6
Australian Radioactive Waste Agency Bill 2022
No. , 2022
Part 2--Establishment and functions of the
1
Australian Radioactive Waste Agency
2
3
7 Simplified outline of this Part
4
The Part establishes the Australian Radioactive Waste Agency and
5
sets out the Agency's functions.
6
The Agency consists of the CEO and the staff of the Agency.
7
The Agency's functions include:
8
(a)
doing things authorised under the NRWM Act in
9
relation to a facility for the management of controlled
10
material at a selected site; and
11
(b)
functions relating to the waste management of
12
radioactive material, and the transportation of waste
13
material, in Australia; and
14
(c)
developing and maintaining an inventory of radioactive
15
material in Australia for the purposes of the waste
16
management of that material.
17
The Minister may give written directions to the Agency about the
18
performance of the Agency's functions.
19
8 Establishment of Agency
20
(1) The Australian Radioactive Waste Agency is established by this
21
section.
22
(2) For the purposes of the finance law (within the meaning of the
23
PGPA Act):
24
(a) the Agency
is a listed entity; and
25
(b) the CEO
is the accountable authority of the Agency; and
26
(c) the following persons are officials of the Agency:
27
(i) the CEO;
28
Establishment and functions of the Australian Radioactive Waste Agency
Part 2
Section 9
No. , 2022
Australian Radioactive Waste Agency Bill 2022
7
(ii) the staff of the Agency referred to in section 24;
1
(iii) consultants engaged under section 25;
2
(iv) persons assisting the Agency referred to in section 26;
3
and
4
(d) the purposes of the Agency include:
5
(i) the functions of the Agency
referred to in section 10;
6
and
7
(ii) the functions of the CEO referred to in section 14.
8
9 Constitution of the Agency
9
The Agency consists of:
10
(a) the CEO; and
11
(b) the staff of the Agency referred to in section 24.
12
10 Functions of the Agency
13
(1) The Agency has the following functions:
14
(a) to do a thing
authorised under section 23 of the NRWM Act;
15
(b) to safely and securely manage controlled material at a facility
16
at the selected site;
17
(c) to contribute to the development and implementation of
18
policies in relation to the waste management of radioactive
19
material, or the transportation of waste material, in Australia;
20
(d) to provide advice to the Minister, either on the Agency's own
21
initiative or at the request of the Minister, in relation to the
22
waste management of radioactive material, or the
23
transportation
of waste material, in Australia;
24
(e) to provide advice to, and engage and consult with, the
25
following in relation to the waste management of radioactive
26
material or the transportation
of waste material:
27
(i) a corporate Commonwealth entity (within the meaning
28
of the PGPA Act);
29
(ii) a non-corporate Commonwealth entity (within the
30
meaning of the PGPA Act);
31
(iii) an entity that generates, possesses or controls
32
radioactive material;
33
Part 2
Establishment and functions of the Australian Radioactive Waste Agency
Section 11
8
Australian Radioactive Waste Agency Bill 2022
No. , 2022
(f) to educate, and engage and consult with, members of the
1
public in relation to the waste management of radioactive
2
material, or the transportation
of waste material,
in Australia;
3
(g) to engage and consult with foreign entities in relation to the
4
waste management of radioactive material or the
5
transportation
of waste material;
6
(h) to undertake or coordinate research and development
7
activities in relation to the waste management of radioactive
8
material, or the transportation of waste material,
in Australia;
9
(i) to develop and maintain an inventory of radioactive material
10
in Australia for the purposes of the waste management of that
11
material;
12
(j) to provide operational and secretariat support to the regional
13
consultative committee established under section 22 of the
14
NRWM Act;
15
(k) any other functions that are conferred on the Agency by:
16
(i) this Act or the rules; or
17
(ii) any other law of the Commonwealth;
18
(l) to do anything incidental or conducive to the performance of
19
any of the above functions.
20
(2) The Agency has power to do all things necessary or convenient to
21
be done for, or in connection with, the performance of its
22
functions.
23
11 Minister may give directions to the Agency
24
(1) The Minister may, by legislative instrument, give written directions
25
to the Agency about the performance of its functions.
26
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
27
Legislation Act 2003
do not apply to the directions (see regulations
28
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
29
Act).
30
(2) A direction under subsection (1) must be of a general nature only.
31
(3) The Agency must comply with a direction under subsection (1).
32
Chief Executive Officer and staff etc.
Part 3
Introduction
Division 1
Section 12
No. , 2022
Australian Radioactive Waste Agency Bill 2022
9
Part 3--Chief Executive Officer and staff etc.
1
Division 1--Introduction
2
12 Simplified outline of this Part
3
This Part provides for there to be a Chief Executive Officer of the
4
Agency.
5
The CEO's functions are to manage the affairs of the Agency and
6
to ensure that the Agency performs its functions.
7
The Minister appoints the CEO and may give written directions to
8
the CEO about the performance of the CEO's functions.
9
The staff of the Agency are to be engaged under the Public Service
10
Act
.
The CEO may engage consultants to assist in the performance
11
of the Agency's functions.
12
The Agency may also be assisted by other persons.
13
Part 3
Chief Executive Officer and staff etc.
Division 2
Appointment and functions of CEO
Section 13
10
Australian Radioactive Waste Agency Bill 2022
No. , 2022
Division 2--Appointment and functions of CEO
1
13 Chief Executive Officer
2
There is to be a Chief Executive Officer of the Agency.
3
14 Functions of the CEO
4
(1) The functions of the CEO are:
5
(a) to manage the affairs of the Agency; and
6
(b) to ensure the Agency performs its functions.
7
(2) The CEO has power to do all things necessary or convenient to be
8
done for, or in connection with, the performance of the CEO's
9
functions.
10
15 Minister may give directions to the CEO
11
(1) The Minister may, by legislative instrument, give written directions
12
to the CEO about the performance of the CEO's functions.
13
Note:
Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the
14
Legislation Act 2003
do not apply to the directions (see regulations
15
made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that
16
Act).
17
(2) The CEO must comply with a direction under subsection (1).
18
(3) Subsection (2) does not apply to the extent that the direction relates
19
to the CEO's performance of functions or exercise of powers under
20
the following Acts in relation to the Agency:
21
(a) the Public Service Act;
22
(b) the PGPA Act.
23
16 Appointment of CEO
24
(1) The CEO is to be appointed by the Minister by written instrument
25
on a full-time basis.
26
Chief Executive Officer and staff etc.
Part 3
Appointment and functions of CEO
Division 2
Section 17
No. , 2022
Australian Radioactive Waste Agency Bill 2022
11
(2) The CEO holds office for the period specified in the instrument of
1
appointment. The period must not exceed 5 years.
2
Note:
The CEO may be reappointed: see section 33AA of the
Acts
3
Interpretation Act 1901
.
4
17 Acting appointments
5
The Minister may, by written instrument, appoint a person to act as
6
the CEO:
7
(a) during a vacancy in the office of CEO (whether or not an
8
appointment has previously been made to the office); or
9
(b) during any period, or during all periods, when the CEO:
10
(i) is absent from duty or from Australia; or
11
(ii) is, for any reason, unable to perform the duties of the
12
office.
13
Note:
For rules that apply to acting appointments, see sections 33AB and
14
33A of the
Acts Interpretation Act 1901
.
15
Part 3
Chief Executive Officer and staff etc.
Division 3
Terms and conditions of appointment of CEO
Section 18
12
Australian Radioactive Waste Agency Bill 2022
No. , 2022
Division 3--Terms and conditions of appointment of CEO
1
18 Remuneration
2
(1) The CEO is to be paid the remuneration that is determined by the
3
Remuneration Tribunal. If no determination of that remuneration
4
by the Tribunal is in operation, the CEO is to be paid the
5
remuneration that is specified in the rules.
6
(2) The CEO is to be paid the allowances that are specified in the
7
rules.
8
(3) This section has effect subject to the
Remuneration Tribunal Act
9
1973
.
10
19 Leave of absence
11
(1) The CEO has the recreation leave entitlements that are determined
12
by the Remuneration Tribunal.
13
(2) The Minister may grant the CEO leave of absence, other than
14
recreation leave, on the terms and conditions as to remuneration or
15
otherwise that the Minister determines.
16
20 Engaging in other paid work
17
The CEO
must not engage in paid work outside the duties of the
18
CEO's office without the Minister's approval.
19
21 Other terms and conditions
20
The CEO holds office on the terms and conditions (if any) in
21
relation to matters not covered by this Act that are determined by
22
the Minister.
23
22 Resignation
24
(1) The CEO may resign the CEO's appointment by giving the
25
Minister a written resignation.
26
Chief Executive Officer and staff etc.
Part 3
Terms and conditions of appointment of CEO
Division 3
Section 23
No. , 2022
Australian Radioactive Waste Agency Bill 2022
13
(2) The resignation takes effect on the day it is received by the
1
Minister or, if a later day is specified in the resignation, on that
2
later day.
3
23 Termination of appointment
4
(1) The Minister may terminate the appointment of the CEO:
5
(a) for misbehaviour; or
6
(b) if the CEO is unable to perform the duties of the CEO's
7
office because of physical or mental incapacity.
8
(2) The Minister may terminate the appointment of the CEO if:
9
(a) the CEO:
10
(i) becomes bankrupt; or
11
(ii) applies to take the benefit of any law for the relief of
12
bankrupt or insolvent debtors; or
13
(iii) compounds with the CEO's creditors; or
14
(iv) makes an assignment of the CEO's remuneration for the
15
benefit of the CEO's creditors; or
16
(b) the CEO is absent, except on leave of absence, for 14
17
consecutive days or for 28 days in any 12 months; or
18
(c) the CEO engages, except with the Minister's approval, in
19
paid work outside the duties of the CEO's office (see section
20
20); or
21
(d) the CEO fails, without reasonable excuse, to comply with
22
section 29 of the PGPA Act (which deals with the duty to
23
disclose interests) or rules made for the purposes of that
24
section.
25
Part 3
Chief Executive Officer and staff etc.
Division 4
Staff etc.
Section 24
14
Australian Radioactive Waste Agency Bill 2022
No. , 2022
Division 4--Staff etc.
1
24 Staff
2
(1) The staff of the Agency must be persons engaged under the Public
3
Service Act.
4
(2) For the purposes of the Public Service Act:
5
(a) the CEO and the staff of the Agency together constitute a
6
Statutory Agency; and
7
(b) the CEO is the Head of that Statutory Agency.
8
25 Consultants
9
(1) The CEO may, on behalf of the Commonwealth, engage
10
consultants to assist in the performance of the Agency's functions.
11
(2) The consultants are to be engaged on the terms and conditions that
12
the CEO determines in writing.
13
26 Persons assisting the Agency
14
(1) The Agency may be assisted:
15
(a) by employees of Agencies (within the meaning of the Public
16
Service Act); or
17
(b) by officers or employees of a State or Territory; or
18
(c) by officers or employees of authorities of the
19
Commonwealth, a State or a Territory;
20
whose services are made available to the Agency in connection
21
with the performance of the Agency's functions.
22
(2) When performing services for the Agency, the officers or
23
employees are subject to the directions of the CEO.
24
Miscellaneous
Part 4
Section 27
No. , 2022
Australian Radioactive Waste Agency Bill 2022
15
Part 4--Miscellaneous
1
2
27 Simplified outline of this Part
3
This Part deals with miscellaneous matters such as delegations and
4
the making of rules.
5
28 Delegation by CEO
6
(1) The CEO may, in writing, delegate all or any of the CEO's
7
functions or powers under this Act to an SES employee, or acting
8
SES employee, who is a member of the staff of the Agency
9
referred to in section 24.
10
Note 1:
The expressions
SES employee
and
acting SES employee
are defined
11
in section 2B of the
Acts Interpretation Act 1901
.
12
Note 2:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
13
provisions relating to delegations.
14
(2) In performing a delegated function or exercising a delegated
15
power, the delegate must comply with any written directions of the
16
CEO.
17
29 Rules
18
(1) The Minister may, by legislative instrument, make rules
19
prescribing matters:
20
(a) required or permitted by this Act to be prescribed by the
21
rules; or
22
(b) necessary or convenient to be prescribed for carrying out or
23
giving effect to this Act.
24
(2) To avoid doubt, the rules may not do the following:
25
(a) create an offence or civil penalty;
26
(b) provide powers of:
27
(i) arrest or detention; or
28
(ii) entry, search or seizure;
29
Part 4
Miscellaneous
Section 29
16
Australian Radioactive Waste Agency Bill 2022
No. , 2022
(c) impose a tax;
1
(d) set an amount to be appropriated from the Consolidated
2
Revenue Fund under an appropriation in this Act;
3
(e) directly amend the text of this Act.
4