Sussan Ley (Farrer, Liberal Party, Minister for Health) Share this | Hansard source

I move:

That this bill be now read a second time.

This bill amends the Australian Radiation Protection and Nuclear Safety Act 1998 to ensure that Australia's regulation of radiation activities remains at the forefront of international best practice.

Since 1999, the Australian Radiation Protection and Nuclear Safety Agency (also known as ARPANSA) has been regulating Commonwealth entities undertaking activities involving radiation. This has included regulation of organisations such as CSIRO, ANSTO and the Department of Defence to undertake activities ranging from the operation of baggage X-ray machines at airports, to the operation of the OPAL research reactor at Lucas Heights.

Since the introduction of the legislation in 1998 there have been changes to international approaches to radiation and nuclear safety, as well as a number of reviews that have identified the desirability of minor changes to the regulatory scheme.

This has included reviews by the International Atomic Energy Agency and by the Australian National Audit Office. On the whole, the regulatory scheme was found to be appropriate, however changes were suggested to clarify the reach of the legislation, to strengthen the monitoring and enforcement powers of the regulator and to continue to ensure the legislation aligns with evolving international approaches.

Drawing on the recommendations of the various reviews and the experience of ARPANSA, this bill makes changes to the legislation to provide greater clarity regarding the reach of the legislation, improve risk management of radiation activities undertaken by Commonwealth entities and provide greater capacity for ARPANSA to act in the event of an emergency or noncompliance with the legislation.

Specifically, the bill makes amendments in four main areas.

Firstly, the amendments provide ARPANSA with greater powers to monitor compliance with the legislation and to take action in the event of noncompliance. For example, the amendments enable the CEO of ARPANSA to require a licence holder to produce information or documents, or to appear before the CEO to answer questions. Inspectors are also being empowered to issue improvement notices to require licence holders to address contraventions of the legislation, or likely contraventions, within certain time frames.

These changes ensure that ARPANSA can access the information it needs to assess compliance with the legislation and can adopt a graduated and proportionate response to noncompliance, should it be identified.

The amendments also support the CEO of ARPANSA to better respond in the event of an emergency, by enabling the CEO to issue directions to licence holders to minimise any risks to people and the environment in unforeseen circumstances.

Importantly, all action taken by ARPANSA in response to noncompliance or to emergencies will continue to be reported quarterly and annually to the parliament and will also be made publicly available.

Secondly, the amendments clarify the application of the legislation to contractors and those in arrangements with the Commonwealth or operating from facilities owned or controlled by Commonwealth entities. This provides greater regulatory certainty and ensures there is no gap in regulatory coverage between entities regulated by ARPANSA and those regulated by state and territory authorities.

Thirdly, the proposed amendments improve the licensing regime and make it more efficient by:

Finally, the bill makes a number of minor technical and administrative amendments, such as updates to definitions and removal of outdated provisions to improve the operation of the legislation.

The proposed changes have no financial implications, and do not place any additional regulatory requirements on regulated entities. The amendments reflect sound administrative practice, and will ensure that Australia's regulation of radiation remains best practice. I commend the bill to the House.

Debate adjourned.

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