Rob Mitchell (McEwen, Australian Labor Party) Share this | Hansard source

Today I rise to speak on the Australian Naval Nuclear Power Safety Bill 2023. This bill is essential for us to fully implement our AUKUS deal, which is in turn essential for the future security of our country and making sure we're ready for any threats to our borders. AUKUS will also bring thousands of jobs to working Australians, with an influx of ongoing defence industry and research opportunities to our shores. But, to fully realise the opportunities that an agreement like AUKUS can give to all Australians, a bill like this is needed to set the regulations and framework for the industry to operate safely. The bill, at its heart, is the next stepping stone for creating a sovereign industry and workforce to deliver conventionally armed nuclear powered submarines. Due to the scale of this project and the obvious technical complexities of nuclear submarines, this industrial endeavour that the AUKUS agreement brings to our nation is one of the greatest that has been attempted by Australia. Building submarines in Australia requires a truly whole-of-nation effort, but it's an effort filled with opportunities.

The project to build Australia's SSN-AUKUS submarines is anticipated to create around 20,000 direct jobs and see some $30 billion invested in Australia's industrial base, including infrastructure upgrades and expansion amounting to up to $18 billion over the next three decades. The project will transform our skills, productivity, industrial capacity and science and research capabilities. The overall national industrial workforce supporting the construction and sustainment of submarines is projected to be in the range of 6½ thousand to 8,000 jobs. Building this workforce will be a priority for the coming decades. Our fleet will be serviced, maintained and upgraded by Australian workers, and made in Australia for the safety of all Australians.

The implementation of this bill is an important step for Australia to meet the milestones agreed with our closest allies: the United Kingdom and the United States. Here we show our commitment to not only our allies but also our Pacific family. Australia is committed to maintaining the highest level of nuclear safety across the life cycle of our nuclear powered submarines. The Australian Naval Nuclear Power Safety Bill 2023 will ensure that we do apply the highest standards to submarines enterprise for our country.

I want to address some of the concerns people have raised about the disposal of nuclear waste. This bill is instrumental in creating a proper nuclear waste disposal plan. For Australian submarines, we don't expect a requirement to manage high-level radioactive waste until the 2050s, when our nuclear powered submarines are defueled at the end of their life cycle. The waste will be stored and disposed of in the current or future defence estate. The government will announce the process by which it selects the location in due course.

Of course, Australia already does produce some nuclear waste. With the development of nuclear submarines, the government is working through the plan to hold the nuclear waste being produced at a national level. However, to be absolutely clear, it will only be for our domestically produced waste. We will not be, as some have suggested, a dumping ground for nuclear waste for other countries, and it's important that we put that scare campaign to bed very quickly and very clearly. Indeed, to put the matter beyond doubt, the government intends to amend the bill to make it clear that nothing in the bill authorises the storage or disposal of spent nuclear fuel from UK or US submarines.

Creating advanced manufacturing is important, and we know the risks that come with having a nuclear based industry. What is the purpose of the bill before us? The bill sets out clear obligations for those involved in the nuclear powered submarines enterprise. This includes nuclear safety duties and licensing requirements for persons conducting regulated activities, and the civil and criminal consequences if contravened. It will also establish a new, independent statutory regulator. The regulator will operate within the Defence portfolio, but it will be independent of the chain of command. Along with the regulator, it will establish a dedicated nuclear framework. It will regulate nuclear safety across the nuclear powered submarine enterprise and capability life cycle for the nuclear aspects of the submarine platform. The accompanying bill, the Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023, will enable the transition of any relevant licences issued by the CEO of ARPANSA to the regulated activities under the bill.

The Albanese Labor government is committed to ensuring the bills establish a robust, effective regulatory framework to maintain the highest standards for safety. Those listening may know that the bills were delayed slightly due to their referral to the Senate Foreign Affairs, Defence and Trade Legislation Committee. The committee has now published its report. It made eight recommendations and ultimately recommended that the bills be passed. The government has accepted, either in full or in principle, all the recommendations from the committee and will make amendments to the bills to address them. We're keen to make sure that we work collaboratively on such technical issues when it comes to building the framework that will underpin national security. The government is happy to address the issues raised by the committee, clarifying that the bills do not authorise the establishment of facilities for the purposes of civil nuclear power, the enrichment of uranium or the reprocessing of nuclear material.

We will establish a requirement that a person must not be appointed as or remain the director-general or the deputy director-general of the regulator if they have served at any time in the previous 12 months as a member of the ADF or as a staff member of Defence or the Australian Submarine Agency. We will also establish a ministerial advisory committee to ensure the minister has independent advice relating to the regulator, including its independence and its effectiveness of the operation of the act. We will allow for the Minister for Defence to share reports from the D-G with the ministers for health and the ministers for industry and science, as the ministers responsible for ARPANSA and ANSTO respectively, to provide a greater sharing of information and an application of nuclear safety best practices. We will add additional penalties for obstructing, hindering or intimidating a member of the regulator, to further strengthen the regulator's powers and their independence. Further, the government is looking to extend the commencement of the bill from six to 12 months to ensure the regulatory changes are fully communicated and implemented in an orderly fashion.

All of this will strengthen the bill and ensure the highest standard of nuclear safety within Australia's conventionally armed, nuclear powered submarine enterprise. The bill will provide the framework in which the newly established regulator can undertake their role. It also specifies the nuclear safety duties applicable across the enterprise and the very significant penalties that apply for contraventions, to ensure that the industry is clean from any corrupt or adverse actors. The regulator will also have the power to determine the policies, processes and practices required to undertake its functions.

Through this bill, Australia is ultimately upholding our international legal obligations, especially those relating to the nonproliferation of nuclear weapons. Due to the nature of these machines, nuclear submarines will provide greater longevity and breadth to our defence forces. However—and I say this again to be clear—these submarines will only hold conventional weapons. The nuclear part of nuclear submarines is the energy source that keeps them running. The legislation is explicit that the regulator must have regard to Australia's international obligations in performing its functions. There will be no changes needed to be made to Australia's Nuclear Non-Proliferation (Safeguards) Act 1987, which primarily implements those obligations. Indeed, Labor will uphold its proud history of championing practical disarmament efforts, its commitment to high non-proliferation standards and its enduring dedication to a world without nuclear weapons. This is also reflective of the current understanding of international best practice.

I think it's worth reflecting on the fact that we are following our partners in AUKUS, who have been operating over 500 naval nuclear reactors over the course of 60 years without major incidents. These naval nuclear submarines pose no threat to the environment and are backed up with decades of proven experience offered by the UK and the US. Further, we'll be working closely with the International Atomic Energy Agency to ensure that Australia becomes a world-leading custodian of nuclear waste and to ensure that best practice in nuclear safety is being followed.

The government will ensure Australia is a responsible nuclear steward and maintains the highest level of safety in respect of the nuclear powered submarines. We are committed to ensuring the management of radioactive waste and spent nuclear fuel responsibly, including through an appropriately independent regulatory system. Rigorous processes will determine the site of the nuclear waste facility on current or future defence estate with appropriate public consultation and agreement with First Nations communities to respect and protect cultural heritage. To be clear, Australia will not be responsible for disposing spent nuclear fuel or accepting other high-level radioactive waste from any other country.

Having a strong naval nuclear defence framework will only strengthen our Defence Force and, in turn, Australia's security position and outcomes in the region. We all can acknowledge that we are living in fraught and ever-changing times filled with uncertainty. The bill helps us fulfil the goal of achieving stronger national security. We know that any untoward threats to our borders will come by sea. By pursuing this policy, we're enhancing Australia's national security goals but not compromising on any previous agreements. Our defence policy is founded on the principles of Australian sovereignty and self-reliance. This bill is just a step in building Australia's military defence capability, especially as we look to play our part in a collective deterrence of aggression. By having a strong defence capability of our own and working with partners investing in their capabilities, we change the calculus for any potential aggressor.

To conclude, as I said in the beginning, this bill is the next step to fully implementing the long-anticipated AUKUS deal, a deal that will make our country safer and our borders stronger. Australia's interests lie in the shaping of a region that is peaceful, stable and prosperous, but, as countries become more aggressive or seek to exert more coercive influence, there must be a counterweight to not only balance out the regional power but also solidify Australia's position. The bill protects Australia's interests. It dots the i's and crosses the t's in making sure our naval nuclear industry is safe, and that creates a better and safer future for all Australians.

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