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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. Short title
2. Commencement
3. Objects of Act
4. Interpretation
4A. Supplementary Agency Agreements
5. Conduct by directors, employees or agents
6. Act to extend to external Territories
7. Act binds the Crown
8. Application of Act (other than Division 2A of Part III)
8A. Application of the Criminal Code
PART II--CONTROL--OF NUCLEAR MATERIAL, ASSOCIATED ITEMS AND RELATED FACILITIES
9. Nuclear material to which this Part applies
10. Associated items to which this Part applies
11. Exemption and termination declarations
12. Application for permit
13. Permit to possess nuclear material or associated items
14. Permit not to be granted to owner or operator of nuclear facility unless Director satisfied as to certain matters
15. Permit not to be granted where nuclear material etc. to be held outside nuclear facility unless Director satisfied as to certain matters
16. Special transport permit
16A. Permit to establish facility
16B. Permit to decommission facility
17. Application for authority to communicate information
18. Authority to communicate information
19. Revocation of permit or authority
20. Notification of grant, variation or revocation of permit or authority
21. Effect of grant of permit or authority
22. Review of decisions
PART III--OFFENCES
Division 1--General offences
23. Possession of nuclear material or associated item without permit
24. Special provisions for carriers
25. Breach of condition of permit or authority etc.
25A. Breach of duty to ensure security of associated technology
26. Unauthorised communication of information
26A. Communication prejudicing security of nuclear material or associated item
27. Minister to be given certain notices in respect of exempt nuclear material
28. Interference with containment or surveillance devices
28A. Establishment of facility without permit
29. Information in relation to design for modification of nuclear facility
29A. Decommissioning of facility without permit
30. False or misleading statements etc.
31. Obstruction of Agency inspector
31A. Unauthorised access to areas etc. to which access is restricted under permit
Division 2--Offences relating to the Physical Protection Convention
32. Definitions
33. Stealing nuclear material
34. Demanding nuclear material by threats etc.
34A. Carrying, sending or moving nuclear material
35. Use of nuclear material causing death or injury to persons or damage to property or the environment
35A. Acts against nuclear facilities etc.
36. Threat to use nuclear material
37. Threat to commit offence
38. Extension of application of offence provisions
Division 2A--Offences relating to nuclear terrorism
38A. ADF members not liable for prosecution
38B. Definitions
38C. Possessing radioactive material or Convention device, or making Convention device
38D. Using radioactive material, or using or damaging Convention device or nuclear facility
38E. Threats and demands
38F. Jurisdictional requirement
38G. Double jeopardy and foreign offences
38H. Attorney - General's consent needed to bring proceedings for offence under this Division
38J. Evidentiary certificates
Division 3--Miscellaneous
39. Forfeiture
40. Hearing in camera etc.
41. Register of Permit and Authority Holders to be evidence of certain matters
PART IV--ADMINISTRATION
Division 1--Director of Safeguards
42. Director of Safeguards
43. Functions of Director
44. Directions of Minister
45. Remuneration and allowances
46. Leave of absence
47. Resignation
48. Termination of appointment
49. Disclosure of interests
50. Acting Director
51. Annual report by Director
52. Additional reports
53. Delegation by Director
Division 2--Australian Safeguards Office
54. Australian Safeguards Office
55. Staff
56. Engagements of consultants etc.
Division 3--Inspectors and Agency inspectors
57. Inspectors and Agency inspectors
58. Identity cards
Division 4--Inspections, searches and seizures
59. Safeguards inspections by inspectors
60. Safeguards inspections by Agency inspectors
61. Offence - related searches and seizures
62. Warrants may be granted by telephone
63. Emergency searches and seizures
64. Inspectors and Agency inspectors to produce evidence of identity
65. Persons to assist inspectors
66. Inspector may require information etc.
67. Seizure of nuclear material etc. where required by prescribed international agreement
Division 5--Miscellaneous
68. Compliance with conditions etc.
69. Register of Permit and Authority Holders to be kept
PART IVA--CHARGES
69A. Charge--producers of uranium ore concentrates
69B. Extension of time to pay
69C. Payment by instalments
PART V--MISCELLANEOUS
70. Powers to be exercised in accordance with international agreements
71. Reports etc. to be confidential
72. Delegation by Minister
73. Orders and directions
74. Regulations
SCHEDULE 1 Article XX of the Statute of the International Atomic Energy Agency
SCHEDULE 2 Treaty on the Non-Proliferation of Nuclear Weapons
SCHEDULE 3 Agreement betweenAustraliaand the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons
SCHEDULE 4 Convention on the physical protection of nuclear material
SCHEDULE 5 Prescribed international agreements
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