Richard Marles (Corio, Australian Labor Party, Minister for Defence) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill and an addendum to the explanatory memorandum. I ask leave of the House to move government amendments (1) to (27), as circulated, together.

Leave granted.

I move government amendments (1) to (27), as circulated, together:

(1) Clause 2, page 2 (table item 1, column 2), omit "6 months", substitute "12 months".

(2) Clause 5, page 6 (after line 27), insert:

defence staff member means any of the following:

(a) the Chief of the Defence Force or the Vice Chief of the Defence Force;

(b) the Chief of Navy, the Chief of Army or the Chief of Air Force;

(c) a member of the Permanent Forces (within the meaning of the Defence Act 1903);

(d) a member of the Reserves (within the meaning of the Defence Act 1903);

(e) the Secretary of the Department or an APS employee in the Department;

(f) the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency.

(3) Clause 5, page 8 (line 23), omit the definition of ionizing radiation, substitute:

ionising radiation: see subsection 15(3).

(4) Clause 5, page 9 (line 14), omit the definition of non-ionizing radiation, substitute:

non-ionising radiation: see subsection 15(4).

(5) Clause 5, page 11 (after line 7), after the definition of relevant person, insert:

spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.

(6) Clause 7, page 13 (line 17), omit "or disposed of".

(7) Clause 7, page 13 (line 19), after "under construction", insert "or being disposed of".

(8) Page 14 (after line 4), at the end of Subdivision A, add:

8A Prohibition on storage and disposal of spent nuclear fuel that is not from an Australian submarine

(1) Nothing in this Act is to be taken to authorise the following:

(a) the storage in Australia of spent nuclear fuel that is not from an Australian submarine;

(b) the disposal in Australia of spent nuclear fuel that is not from an Australian submarine.

(2) The Regulator must not issue a licence in respect of an activity to which subsection (1) applies.

(9) Page 14, after proposed clause 8A, insert:

8B Prohibition on certain kinds of construction, etc.

(1) Nothing in this Act is to be taken to authorise the construction or operation of any of the following:

(a) a nuclear fuel fabrication plant;

(b) a nuclear power plant;

(c) an enrichment plant;

(d) a reprocessing facility.

(2) Paragraph (1)(b) does not apply to a nuclear power plant (however described) that is related to use in an AUKUS submarine.

(3) The Regulator must not issue a licence in respect of the construction or operation of a plant or facility to which subsection (1) applies.

(10) Clause 15, page 17 (line 5), omit "ionizing", substitute "ionising".

(11) Clause 15, page 17 (lines 10 to 12), omit "ionizing" (wherever occurring), substitute "ionising".

(12) Clause 15, page 17 (line 13), omit "ionizing", substitute "ionising".

(13) Clause 15, page 17 (line 16), omit "non-ionizing", substitute "non-ionising".

(14) Clause 15, page 17 (line 19), omit "Ionizing", substitute "Ionising".

(15) Clause 15, page 17 (line 23), omit "Non-ionizing", substitute "Non-ionising".

(16) Clause 43, page 46 (line 4), before "the power", insert "if the inspector is reasonably satisfied that securing the thing under section 42 is not sufficient in the circumstances—".

(17) Clause 91, page 87 (lines 13 to 23), omit the clause.

(18) Clause 98, page 91 (line 7), after "question", insert ", giving the information".

(19) Clause 109, page 97 (lines 19 to 21), omit subclause (3), substitute:

(3) A person must not be appointed as the Director-General or the Deputy Director-General if, at any time during the period of 12 months ending at the start of the proposed period of appointment, the person was a defence staff member.

(3A) A person cannot hold an appointment as the Director-General or the Deputy Director-General at any time when the person is a defence staff member.

(20) Heading to Division 5, page 104 (line 1), omit "and immunities", substitute ", immunities and protection".

(21) Page 104 (after line 24), at the end of Division 5, add:

121A Offence for obstructing, hindering, intimidating or resisting a member of the Regulator, etc.

A person commits an offence of strict liability if the person obstructs, hinders, intimidates or resists any of the following in the performance of their functions or the exercise of their powers under this Act:

(a) a member of the Regulator;

(b) a person assisting an inspector.

Note: The offence of obstructing a Commonwealth public official may also apply (see section 149.1 of the Criminal Code).

Penalty: 60 penalty units.

(22) Page 105 (after line 15), at the end of section 123, add:

(3) If the Director-General gives the Minister a report under subsection (1), the Minister may give a copy of the whole or any part of the report to the Minister or Ministers administering the following Acts:

(a) the Australian Nuclear Science and Technology Organisation Act 1987;

(b) the Australian Radiation Protection and Nuclear Safety Act 1998.

(23) Page 105 (after line 15), at the end of Division 6, add:

123A Reporting certain nuclear safety incidents

(1) This section applies in relation to a nuclear safety incident that results in:

(a) the death of, serious injury to, or serious illness in, an individual; or

(b) a serious environmental incident.

(2) If the Director-General becomes aware that a nuclear safety incident has occurred, the Director-General must notify the Minister as soon as possible about the incident.

(3) The Director-General must also cause a report about the incident to be tabled in each House of the Parliament no later than 3 sitting days after the Director-General becomes aware of the incident.

(4) The notification under subsection (2), and the report under subsection (3), must include the details of any actions that have been taken by the Regulator or a licence holder in response to the incident.

(5) A report under subsection (3) is not required to include information if, in the opinion of the Director-General, the inclusion of the information may prejudice the security or defence of the Commonwealth.

(24) Clause 124, page 106 (after line 15), after paragraph (d), insert:

(da) the establishment of a Ministerial advisory committee; and

(25) Page 112 (after line 17), after Division 2, insert:

Division 2A — Advisory committee

140A Establishment of advisory committee

(1) The advisory committee is established.

(2) The function of the advisory committee is to advise the Minister in relation to the following matters:

(a) the operation of this Act, having regard to the objects set out in section 6;

(b) the suitability and efficiency of the measures specified in this Act, or adopted under or for the purposes of this Act, to ensure the independence of the Director-General, the Deputy Director-General and members of the Regulator;

(c) the performance of the functions of the Regulator, the Director-General and the Deputy Director-General;

(d) the suitability of any arrangements or requirements specified in this Act, or adopted under or for the purposes of this Act, for ensuring nuclear safety;

(e) the nature and efficacy of the Regulator's consultation and cooperation with other persons or bodies;

(f) such other matters as the Minister directs.

(3) The advisory committee consists of such persons as the Minister from time to time appoints to the committee by written instrument.

(4) The Minister may give the advisory committee written directions as to:

(a) the way in which the committee is to carry out its functions; and

(b) the procedures to be followed in relation to meetings.

(5) A member of the advisory committee is to be paid such remuneration and allowances (if any) as the Minister determines in writing.

(6) The office of member of the advisory committee is not a public office within the meaning of the Remuneration Tribunal Act 1973.

(26) Clause 143, page 114 (line 3), before "The Governor-General", insert "(1)".

(27) Clause 143, page 114 (after line 7), at the end of the clause, add:

Prescribing area to be a designated zone

(2) Before the Governor-General makes or amends regulations for the purposes of paragraph 10(2)(c) prescribing an area to be a designated zone, the Minister must:

(a) cause to be published on the Department's website a notice:

(i) setting out the boundary of the area proposed to be prescribed to be a designated zone; and

(ii) inviting persons to make submissions to the Minister about the boundary of the area proposed within the period specified in the notice; and

(b) consider any submissions received within the period specified in the notice.

These amendments address the recommendations of the Senate Foreign Affairs, Defence and Trade Legislation Committee. The government has also initiated amendments to the Australian Naval Nuclear Power Safety Bill 2023 to strengthen the new regulatory scheme, reflecting additional advice and recommendations from experts and stakeholders since the introduction of the legislation in November last year. These amendments underscore the government's commitment to ensuring the bills establish a robust, effective regulatory framework to maintain the highest standard of nuclear safety for decades to come. We welcome the broad and constructive engagement across the parliament and the public to contribute to delivering a regulatory outcome that supports the nuclear powered submarine program while protecting the public environment and Australia's security.

Amendment (1) extends the commencement provision from six months to 12 to ensure an orderly transition to the new regulatory framework and to provide additional time for public consultation on the draft regulations. Amendments (2) and (19) strengthen the independence of the regulator by providing that a person must not be appointed as the director-general or the deputy director-general if, at any time during the previous 12 months, the person was a Defence staff member. These requirements are intended to be considered in the context of the individual as well as the totality of the experience, competence and independence of the director-general and the deputy director-general. This will include the secretary of the Department of Defence, the Chief of the Defence Force and ADF service chiefs, the head of the Australian Submarine Agency, and APS employees of the Australian Submarine Agency and the Department of Defence.

Amendments (5), (6), (7) and (8) make clear that nothing in the bill authorises the storage or disposal of spent nuclear fuel that is not from an Australian submarine, including but not limited to US or UK submarines visiting or on rotation in Australia. While the government has been clear that Australia will be responsible for managing only its own spent nuclear fuel, which isn't expected to occur until the 2050s, this amendment puts the matter beyond any doubt.

Amendment (9) makes clear that the legislation does not allow for civil nuclear power activities and does not displace Australia's longstanding moratorium on civil nuclear power. This amendment also make clear that the bill does not authorise the construction or operation of certain facilities, including nuclear power plants that are not related to an AUKUS submarine and will not undertake enrichment or reprocessing of nuclear material.

Amendment (16) constrains the power to seize a thing in clause 43 in the bill to instances in which the power to secure it would not appropriately manage the situation. This is in response to concerns raised by the Senate Scrutiny of Bills Committee.

Amendments (17) and (21) insert a new offence provision for obstructing, hindering, intimidating or resisting a member of the regulator or a person assisting the regulator in the performance of its functions. The offence in clause 91 has been removed to avoid duplication.

Amendment (18) clarifies that an individual is not excused from giving the information required under the bill on the ground of being able to claim privilege against self-exposure to a penalty, other than a penalty for an offence.

Amendment (22) allows the Minister for Defence to share any reports given to the minister by the director-general of the regulator, with the minister for industry and science and the minister for health and aged care as the ministers responsible for the Australian Nuclear Science and Technology Organisation Act 1987 and the Australian Radiation Protection and Nuclear Safety Act 1998 respectively. This will provide for greater information-sharing and will support nuclear safety best practice across Australia's nuclear science and regulatory community.

Amendment (23) will require the director-general of the regulator to notify the minister of the occurrence of certain nuclear safety incidents and table a report about the incident in each of the parliament within three sitting days. The reports would not be required to include any detail which, in the opinion of the director-general, may prejudice the security or defence of the Commonwealth. This amendment addresses differences between the bill and the Australian Radiation Protection and Nuclear Safety Act 1998 around incident notification.

Amendments (24) and (25) establish a ministerial advisory committee to provide the minister with a further source of expert technical advice on the suitability of this legislation, nuclear safety and the performance and independence of the regulator. This will strengthen the quality of advice and accountability of the new regulatory framework.

Amendments (26) and (27) will require the minister to consult on the boundary of any future designated zones before regulations may be made or amended prescribing that designated zone. This would not apply to the Osborne designated zone or the Stirling designated zone, which are already established in the bill. These requirements are not intended to constrain the Minister for Defence from conducting any additional consultation or notification they feel is necessary.

The remainder of the amendments moved today are minor, technical or drafting amendments. I commend the amendments to the House.

Question agreed to.

Bill, as amended, agreed to.

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