Commonwealth Numbered Regulations - Explanatory Statements

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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) REGULATIONS (AMENDMENT) 1998 NO. 173

Statutory Rules 1998 No. 173

Issued by the Authority of the Minister for Foreign Affairs

Nuclear Non-Proliferation (Safeguards) Act 1987

Nuclear Non-Proliferation (Safeguards) Regulations (Amendment)

The Nuclear Non-Proliferation (Safeguards) Act 1987 ("the Act") gives effect to certain of Australia's obligations under international agreements relating to the peaceful use of nuclear material and facilities, including the Safeguards Agreement between Australia and the International Atomic Energy Agency (IAEA) pursuant to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), and various bilateral safeguards agreements.

Section 74 of the Nuclear Non-Proliferation (Safeguards) Act 1987 ("the Act") provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 70 of the Act requires actions under the Act to be not inconsistent with Australia's obligations under relevant international agreements, or to have regard to such obligations. Relevant international agreements are listed in subsections 70(4) and (5), or are to be prescribed by regulation for this purpose.

There are several agreements which are relevant to the operation of the Safeguards Act but which had not previously been prescribed, either because it was not considered essential to do so or because the agreements do not have a direct domestic impact, ie in terms of powers, discretions, etc which might be exercised under the Act. However, developments with the Australian Radiation Protection and Nuclear Safety (ARPANS) Bill led to a review of this situation. The ARPANS Bill is to be amended in the Senate, to provide that actions under that legislation are to be consistent with relevant international agreements. Relevant agreements are identified by reference to the processes under the Safeguards Act, ie to be taken into account under the ARPANS legislation it is necessary for an agreement to be prescribed under the Safeguards Act prior to entry into effect of the ARPANS legislation (expected on 1 July 1998). In these circumstances it is preferable to schedule all agreements of possible relevance.

The regulations give effect to:

(i)       the Exchanges of Notes constituting Agreements between Australia and the United States concerning the application of the Agreement concerning Peaceful Uses of Nuclear Energy of 5 July 1979 as a "prescribed international agreement" in terms of the Act, with the date of effect being 2 August 1985;

(ii)       the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, as a "prescribed international agreement" in terms of the Act, with the date of effect being 9 May 1986;

(iii) the South Pacific Nuclear Free Zone Treaty, as a "prescribed international agreement" in terms of the Act, with the date of effect being 11 December 1986;

(iv) the Exchange of Notes constituting an Agreement between Australia and the United States concerning Australian Ores containing Uranium or Thorium (monazite and xenotime) as a "prescribed international agreement" in terms of the Act, with the date of effect being 13 December 1989;

(v)       the Exchange of Notes between Australia and Singapore constituting an Agreement concerning Cooperation in the Physical Protection of Nuclear Material as a "prescribed international agreement" in terms of the Act, with the date of effect being 15 December 1989;

(vi) the Exchange of Notes constituting an Agreement between Australia and Japan to amend the Exchange of Letters constituting an Agreement establishing an Implementing Arrangement pursuant to the Agreement for Co-operation in the Peaceful Uses of Nuclear Energy of 5 March 1982 as a "prescribed international agreement" in terms of the Act with the date of effect being 27 July 1990;

(vii) the Exchange of Notes constituting an Agreement between Australia and Sweden concerning Arrangements applying to Certain (Nuclear) Transfers between Sweden and Third Countries as a "prescribed international agreement" in terms of the Act, with the date of effect being 15 January 1991;

(viii) the Exchange of Notes constituting an Agreement between Australia and the United States to bring International Obligation Exchanges under the Coverage of the Agreement concerning Peaceful Uses of Nuclear Energy, and Agreed Minute, of 5 July 1979 as a "prescribed international agreement" in terms of the Act, with the date of effect being 16 December 1991;

(ix) the Exchange of Notes constituting an Agreement between Australia and Canada to amend, and to provide for International Obligation Exchanges under, the Agreement concerning the Peaceful Uses of Nuclear Energy of 9 March 1981 as a "prescribed international agreement" in terms of the Act, with the date of effect being 10 April 1995.

Details of the Regulations are as follows:

Regulation 1 specifies that these regulations commence on June 30 1998.

Regulation 2       states that these regulations amend the Nuclear Non-Proliferation (Safeguards) Regulations.

Regulation 3       provides for replacement of Schedule 1 of the Nuclear Non-Proliferation (Safeguards) Regulations with a new Schedule 1 that lists the existing four prescribed international agreements and adds the prescribed international agreements now given effect to by this amendment.