Commonwealth Consolidated Acts

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 73

  (1)   The Minister:

  (a)   may , by legislative instrument, make orders, not inconsistent with this Act or the regulations, to be complied with by the holders of permits or authorities; and

  (b)   may, in writing, give directions, not inconsistent with this Act or the regulations, to be complied with by the holder of a permit or authority.

  (2)   Without limiting the generality of subsection   ( 1), orders made under this section, and directions given under this section, may make provision with respect to:

  (a)   in the case of a permit granted under section   13--any matter referred to in paragraph   13(3)(a) or (c) to (o) (inclusive); and

  (b)   in the case of a permit granted under section   16--any matter referred to in paragraph   16(3)(b) to (e) (inclusive); and

  (ba)   in the case of a permit granted under section   16A--any matter referred to in paragraph   16A(3)(a), (b) or (c); and

  (bb)   in the case of a permit granted under section   16B--any matter referred to in paragraph   16B(3)(a) or (b); and

  (c)   in the case of an authority granted under section   18--any matter referred to in paragraph   18(4)(a), (b) or (d).

  (3)   Where a direction given under this section is inconsistent with an order made under this section, the direction shall prevail and the order shall, to the extent of the inconsistency, be of no effect.

  (7)   A direction given under subsection   ( 1) to the holder of a permit or authority shall have endorsed on it or attached to it a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 and to subsection   22(8) of this Act, application may be made to the Administrative Appeals Tribunal, by or on behalf of a person whose interests are affected by a decision of the Minister, pursuant to subsection   ( 1) of this section, giving a direction to be complied with by the holder of the permit or authority, for review of the decision.

  (8)   A failure to comply with the requirements of subsection   ( 7) in relation to a decision shall not be taken to affect the validity of the decision.

  (9)   Where a notice setting out the terms of directions given under this section to the holder of a permit or authority is served, personally or by post, telegram or telex, on the holder of the permit or authority, the directions shall, for the purposes of subsection   ( 1), be deemed to have been given to the holder of the permit or authority.