Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

I will now deal with the Australian Naval Nuclear Power Safety Bill and a related bill. I have got a lot of senators on their feet for a guillotine.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a one-minute contribution on this AUKUS related naval nuclear power bill.

Leave not granted.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

The question is that these bills be read a second time.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments to the Australian Naval Nuclear Power Safety Bill 2024, starting with the amendments circulated by the Australian Greens. The first question is that the Australian Greens amendments on sheets 2574, 2576, 2578, 2580, 2581, 2582 and 2916 and amendments (1) to (3) on sheet 2583 be agreed to.

Australian Green s ' circulated amendments—

SHEET 2574

(1) Clause 107, page 96 (after line 28), after subclause (1), insert:

(1A) In performing the Director-General's functions, the Director-General must have regard to the advice of the CEO of the Australian Radiation Protection and Nuclear Safety Agency.

(2) Page 96 (after line 31), after clause 107, insert:

107A CEO of ARPANSA to advise Director-General

(1) The functions of the CEO of the Australian Radiation Protection and Nuclear Safety Agency include advising the Director-General on the performance of the Director-General's functions.

Note Other functions of the CEO of the Australian Radiation Protection and Nuclear Safety Agency are set out in section 15 of the Australian Radiation Protection and Nuclear Safety Act 1998.

(2) Before advising the Director-General, the CEO must request the following to advise the CEO about the performance of the Director-General's functions:

(a) the Radiation Health and Safety Advisory Council;

(b) the Radiation Health Committee;

(c) the Nuclear Safety Committee.

_____

SHEET 2576

(1) Clause 5, page 10 (line 29), omit ", storing or disposing of".

(2) Clause 12, page 16 (lines 9 and 10), omit paragraph (c).

(3) Clause 12, page 16 (line 12), omit ", storing or disposing of".

(4) Clause 32, page 34 (after line 10), after paragraph (1)(a), insert:

(aa) if the licence authorises a regulated activity for the purposes of a radioactive waste management facility—the condition set out in subsection (2A);

(5) Clause 32, page 34 (after line 21), after subclause (2), insert:

(2A) A licence of a kind referred to in paragraph (1)(aa) is subject to the condition that the licence holder must take all reasonably practical steps to ensure the management, storage and disposal of radioactive waste under this Act is in accordance with the National Radioactive Waste Management Act 2012.

_____

SHEET 2578

(1) Clause 5, page 10 (line 17), omit the definition of Osborne designated zone.

(2) Clause 5, page 11 (line 23), omit the definition of Stirling designated zone.

(3) Clause 10, page 15 (lines 10 to 19), omit subclauses (2) to (4), substitute:

(2) A designated zoneis an area in Australia that:

(a) is, or is a part of, a selected site (within the meaning of the National Radioactive Waste Management Act 2012); and

(b) is prescribed by the regulations.

(3) The National Radioactive Waste Management Act 2012 applies as if a reference in that Act to a facility included a reference to a facility at which a regulated activity occurs.

(4) The regulations may modify the operation of:

(a) this Act; and

(b) the National Radioactive Waste Management Act 2012;

to the extent that the modification is necessary to apply the National Radioactive Waste Management Act 2012 to:

(c) a facility at which a regulated activity occurs; or

(d) another area at which a regulated activity occurs.

(4) Clause 143, page 117 (line 3), omit "(1)".

(5) Clause 143, page 117 (lines 8 to 19), omit subclause (2).

_____

SHEET 2580

(1) Page 107 (after line 14), at the end of Part 5, add:

123B Reports on Director-General's functions

(1) The Director-General may prepare reports about matters relating to the Director-General's functions.

(2) If the Director-General prepares a report under subsection (1), the Director-General must give the report to the Health Minister as soon as practicable after preparing the report.

(3) The Health Minister must table the report in each House of the Parliament within 15 sitting daysof that House after receiving the report.

_____

SHEET 2581

(1) Clause 5, page 6 (after line 27), after the definition of corporate Commonwealth entity, insert:

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

(2) Clause 5, page 8 (after line 16), after the definition of function, insert:

Health Minister means the Minister administering the National Health Act 1953.

(3) Clause 5, page 9 (after line 5), after the definition of issuing officer, insert:

Joint Ministers means the Defence Minister and the Health Minister.

(4) Page 12 (after line 17), at the end of Division 2, add:

5A Functions or powers of Joint Ministers

If this Act gives a function or a power to the Joint Ministers, the function or power is to be performed or exercised by both Ministers jointly.

(5) Clause 104, page 95 (line 1), omit "Minister", substitute "Joint Ministers".

(6) Clause 105, page 95 (line 4), omit "Minister is", substitute "Joint Ministers are".

(7) Clause 105, page 95 (line 6), omit "Minister", substitute "Joint Ministers".

(8) Clause 105, page 95 (line 12), omit "Minister", substitute "Joint Ministers".

(9) Clause 105, page 95 (line 16), omit "a Minister", substitute "the Joint Ministers".

(10) Clause 105, page 95 (line 20), omit "Minister gives", substitute "Joint Ministers give".

(11) Clause 105, page 95 (line 20), omit ", the Minister", substitute ", the Joint Ministers".

(12) Clause 105, page 95 (line 25), omit "Minister gives", substitute "Joint Ministers give".

(13) Clause 107, page 96 (line 17), omit "Minister", substitute "Joint Ministers".

(14) Clause 109, page 97 (line 13), omit "Minister", substitute "Joint Ministers".

(15) Clause 109, page 97 (line 16), omit "Minister is", substitute "Joint Ministers are".

(16) Clause 110, page 98 (line 23), omit "Minister", substitute "Joint Ministers".

(17) Clause 113, page 99 (line 24), omit "Minister", substitute "Joint Ministers".

(18) Clause 113, page 99 (line 27), omit "Minister determines", substitute "Joint Ministers determine".

(19) Clause 114, page 100 (line 5), omit "Minister's", substitute "Joint Ministers'".

(20) Clause 114, page 100 (line 12), omit "Minister's", substitute "Joint Ministers'".

(21) Clause 115, page 100 (line 17), omit "Minister", substitute "Joint Ministers".

(22) Clause 117, page 101 (line 26), omit "Minister's", substitute "Joint Ministers'".

(23) Clause 117, page 101 (line 35), omit "Minister's", substitute "Joint Ministers'".

(24) Clause 122, page 106 (line 4), omit "Minister", substitute "Joint Ministers".

(25) Heading to clause 123, page 106 (line 7), omit "Minister", substitute "Joint Ministers".

(26) Clause 123, page 106 (line 8), omit "Minister", substitute "Joint Ministers".

(27) Clause 123, page 106 (line 11), omit "Minister", substitute "Joint Ministers".

(28) Clause 123, page 106 (line 16), omit "Minister", substitute "Joint Ministers".

(29) Clause 123, page 106 (line 17), omit "Minister", substitute "Joint Ministers".

(30) Clause 123A, page 107 (line 3), omit "Minister", substitute "Joint Ministers".

(31) Clause 130, page 110 (line 22), omit "Minister", substitute "Joint Ministers".

(32) Clause 130, page 110 (line 24), omit "Minister", substitute "Joint Ministers".

(33) Clause 130, page 110 (line 24), omit "is", substitute "are".

(34) Clause 130, page 110 (line 29), omit "Minister", substitute "Joint Ministers".

(35) Clause 140A, page 115 (line 4), omit "Minister", substitute "Joint Ministers".

(36) Clause 140A, page 115 (line 19), omit "Minister directs", substitute "Joint Ministers direct".

(37) Clause 140A, page 115 (line 20), omit "Minister", substitute "Joint Ministers".

(38) Clause 140A, page 115 (line 21), omit "appoints", substitute "appoint".

(39) Clause 140A, page 115 (line 22), omit "Minister", substitute "Joint Ministers".

(40) Clause 140A, page 115 (line 28), omit "Minister determines", substitute "Joint Ministers determine".

(41) Heading to clause 141, page 116 (line 2), omit "Minister", substitute "Joint Ministers".

(42) Clause 141, page 116 (line 3), omit "Minister may", substitute "Joint Ministers may".

(43) Clause 141, page 116 (line 3), omit "Minister's", substitute "Joint Ministers'".

(44) Clause 141, page 116 (line 6), omit "Minister", substitute "Joint Ministers".

(45) Clause 143, page 117 (line 11), omit "Minister", substitute "Joint Ministers".

(46) Clause 143, page 118 (line 15), omit "Minister", substitute "Joint Ministers".

_____

SHEET 2582

(1) Clause 6, page 13, (lines 7 to 9), omit paragraph (b).

(2) Clause 6, page 13, (line 11), omit paragraph (d), substitute:

(d) to protect the health and safety of people, and to protect the environment; and

(e) to ensure public confidence and trust in relation to the nuclear safety of Australia's nuclear-powered submarine enterprise, including through the following:

(i) ensuring that relevant and meaningful information relating to AUKUS submarines is available to the public;

(ii) providing opportunities for public involvement and participation in decisions relating to activities that may impact communities;

except where it is necessary to limit the provision of such information for reasons of national security, defence operational capability or the protection of confidential technology and learnings; and

(f) to protect workers, other persons and communities against harm to their health, safety and welfare through the elimination or minimisation of risks arising from regulated activities; and

(g) to ensure the provision of advice, information, education and training in relation to nuclear safety; and

(h) to ensure appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act.

_____

SHEET 2583

(1) Heading to Subdivision C, page 111 (line 15), at the end of the heading add: "and international instruments".

(2) Clauses 132 to 135, page 111 (line 16) to page 113 (line 4), omit the clauses, substitute:

132 Interaction with other laws and international instruments

(1) Where this Act confers a power, discretion, duty or function on a person, the exercise of the power or discretion or the performance of the duty or function must be in accordance with the following:

(a) the Australian Radiation Protection and Nuclear Safety Act 1998;

(b) the Nuclear Non-Proliferation (Safeguards) Act 1987;

(c) the Work Health and Safety Act 2011;

(d) a WHS law (within the meaning of the Work Health and Safety Act 2011);

(e) Australia's obligations under any relevant international instruments.

(2) For the purposes of this section, a relevant international instrument is any of the following:

(a) the Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations on 13 September 2007;

(b) the Treaty on the Non-Proliferation of Nuclear Weapons, done at London, Moscow and Washington on 1 July 1968;

(c) the Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna on 10 July 1974;

(d) the Convention on the Physical Protection of Nuclear Material, done at Vienna on 3 March 1980;

(e) the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, done at Vienna on 26 September 1986;

(f) the Convention on Early Notification of a Nuclear Accident, done at Vienna on 26 September 1986;

(g) the Convention on Nuclear Safety, done at Vienna on 20 September 1994;

(h) the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997;

(i) the Agreement for Cooperation between the Government of Australia and the Government of the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation, with annexes, agreed minute and exchange of notes, done at Washington on 28 October 1999;

(j) the International Convention for the Suppression of Acts of Nuclear Terrorism, done at New York on 13 April 2005;

(k) an international instrument prescribed by the regulations.

Note 1: The text of United Nations General Assembly resolutions could in 2024 be accessed through the United Nations' website (https://www.un.org).

Note 2: The Treaty on the Non-Proliferation of Nuclear Weapons is in Australian Treaty Series 1973 No. 3 ([1973] ATS 3) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 3: The Agreement between Australia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons is in Australian Treaty Series 1974 No. 16 ([1974] ATS 16) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 4: The Convention on the Physical Protection of Nuclear Material is in Australian Treaty Series 1987 No. 16 ([1987] ATS 16) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 5: The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency is in Australian Treaty Series 1987 No. 15 ([1987] ATS 15) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 6: The Convention on Early Notification of a Nuclear Accident is in Australian Treaty Series 1987 No. 14 ([1987] ATS 14) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 7: The Convention on Nuclear Safety is in Australian Treaty Series 1997 No. 5 ([1997] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 8: The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is in Australian Treaty Series 2003 No. 21 ([2003] ATS 21) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 9: The Agreement for Cooperation between the Government of Australia and the Government of the United States of America concerning Technology for the Separation of Isotopes of Uranium by Laser Excitation, with annexes, agreed minute and exchange of notes, is in Australian Treaty Series 2000 No. 19 ([2000] ATS 19) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

Note 10: The International Convention for the Suppression of Acts of Nuclear Terrorism is in Australian Treaty Series 2012 No. 13 ([2012] ATS 13) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

(3) Heading to Subdivision D, page 113 (line 5), omit the heading, substitute:

Subdivision D — Application of Act to certain foreign persons

_____

SHEET 2916

(1) Clause 5, page 8 (after line 16), after the definition of function, insert:

high level radioactive material means material which has a thermal energy output of at least 2 kilowatts per cubic metre.

(2) Clause 8A, page 14 (line 7), after "spent nuclear fuel", insert "or high level radioactive material".

(3) Clause 8A, page 14 (line 10), after "spent nuclear fuel", insert ", or high level radioactive material,".

(4) Clause 8A, page 14 (line 12), after "spent nuclear fuel", insert ", or high level radioactive material,".

A division having been called and the bells being rung—

Order! Senator Roberts?

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I seek a separate vote on 2583, please.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

We would have to do that by leave, and I'm going to lock the doors.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Okay.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator Roberts, for the ease of the chamber, you might be able to have your position recorded after the division, if that would assist on that particular amendment.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

(In division) So we're going to have nuclear waste from the UK and the US dumped in this country—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order! Senators, it is quite disorderly to be shouting across the chamber during a division.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

Shame! It won't be near the Prime Minister's house.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Order, Senator Thorpe!

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

():  Could I have my vote recorded as opposing 2583, please?

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

You may. Thank you for that. Thank you for being so helpful to the chamber in that regard. The next question is in relation to amendment (4) on sheet 2583 moved by the Australian Greens.

The Greens opposed clause 136 in the following terms—

(4) Clause 136, page 113 (lines 6 to 10), to be opposed.

The question is that clause 136 stand as printed.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

I will now deal with the committee of the whole amendments circulated by Senator Thorpe. Senator Thorpe, are you seeking the call?

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I seek leave to have my committee of the whole amendments on sheets 2627, 2632 and 2633 considered.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Leave is granted to consider all of those amendments together with this first question. For your information, Senator Thorpe, that will change the flow of questions somewhat, but I'm advised by the clerk that we will do it in the right order. The question will change a little bit. Senator Ciccone?

Raff Ciccone (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

Just one clarifying question: which sheets are we including? I think the senator mentioned only a couple, so we just want to get clarity around which ones.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

My understanding, Senator Thorpe, was that you were seeking to add in, by leave, a further set of amendments, the numbers of which you just kindly read out, in addition to the amendments that have already been circulated in your name. We will move all of those as a job lot, but we do have a question about a clause standing as printed, so we will deal with that one first. Senator Thorpe, for the ease of the chamber, could you please read out those numbers again.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

It's only because the government is trying to rush this through that everyone is confused—

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Senator Thorpe, this is not for you to make a contribution; this is for you to read the numbers, please.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

My apologies. It is sheets 2627, 2632 and 2633.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

They will be moved in addition to 2718, 2719, 2517, 2918, 2502, 2633 and 2502—no? Senator Thorpe, could you confirm that you are not moving amendment 2634?

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I can confirm that.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I seek leave to withdraw circulated amendments on sheets 2502, 2517, 2634, 2718 and 2719.

Leave granted.

I also seek leave to consider amendments on sheet 2918.

Leave granted.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

We will now deal with Senator Thorpe's amendments on sheets 2516, 2629, 2630, 2631, 2919, 2920, 2627, 2632, 2633 and 2918.

SHEET 2516

(1) Clause 6, page 13, (lines 7 to 9), omit paragraph (b).

(2) Clause 6, page 13 (after line 11), at the end of the clause, add:

; and (e) to promote the nuclear safety of all activities relating to AUKUS submarines; and

(f) to protect the health and safety of people, and to protect the environment; and

(g) to promote public confidence and trust in relation to the nuclear safety of Australia's nuclear-powered submarine enterprise, including through the following:

(i) ensuring that relevant and meaningful information relating to AUKUS submarines is available to the public, except where it is necessary to limit the provision of such information for reasons of national security, defence operational capability or the protection of confidential technology and learnings;

(ii) providing opportunities for public involvement and participation in decisions relating to activities that may impact communities; and

(h) to protect workers, other persons and communities against harm to their health, safety and welfare through the elimination or minimisation of risks arising from regulated activities; and

(i) to promote the provision of advice, information, education and training in relation to nuclear safety; and

(j) to ensure appropriate scrutiny.

_____

SHEET 2629

(1) Clause 18, page 20 (lines 5 and 6), omit ", so far as reasonably practicable,".

(2) Clause 18, page 21 (after line 21), at the end of the clause, add:

Exception

(7) Subsections (2), (3), (4) and (5) do not apply if the person exercised due diligence and took all reasonably practicable precautions.

Note 1: For the purposes of subsection (2) and (3) a defendant bears an evidential burden in relation to the matter in subsection (7) (see section 96 of the Regulatory Powers Act).

Note 2: For the purposes of subsection (4) and (5), a defendant bears an evidential burden in relation to the matter in subsection (7) (see subsection 13.3(3) of the Criminal Code).

_____

SHEET 2630

(1) Page 108 (after line 18), after clause 129, insert:

129A Liability of the Commonwealth for contraventions of nuclear safety duties by Commonwealth contractors

For the purposes of Division 2 of Part 2, any conduct engaged in by a Commonwealth contractor that is undertaken to discharge obligations under a contract referred to in subsection 29(2) is conduct also engaged in by the Commonwealth.

_____

SHEET 2631

(1) Clause 29, page 31 (after line 22), at the end of the clause, add:

(3) A person is not a Commonwealth contractor if:

(a) the person is a subcontractor for a contract with a person referred to in paragraph (1)(d); and

(b) the contract relates to a regulated activity.

_____

SHEET 2919

(1) Clause 123A, page 107 (after line 6), after subclause (3), insert:

(3A) The Director-General must cause a copy of the report under subsection (3) to be published on the Department's website as soon as practicable after the report is tabled in a House of the Parliament.

_____

SHEET 2920

(1) Clause 140A, page 115 (after line 21), after subclause (3), insert:

(3A) The Minister may appoint a person to the advisory committee if the person is any of the following:

(a) a person with skills, knowledge or experience in one or more of the following fields:

(i) health;

(ii) nuclear safety or nuclear radiation;

(iii) radioactive waste management;

(iv) emergency management;

(v) a field prescribed by the regulations;

(b) for each community that is, or may be, affected by a regulated activity—a person who has been chosen by the community to represent the community on the advisory committee.

(3B) The Minister must not appoint a person to the advisory committee if the person is a defence staff member.

_____

SHEET 2627

(1) Clause 3, page 3 (line 17), after "Australian submarines.", insert:

The Minister must ensure that the free, prior and informed consent of Indigenous Peoples is obtained prior to certain additional designated zones being prescribed by the regulations. The seeking of consent must be consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

(2) Clause 3, page 3 (line 32), after "authorised under a licence.", insert:

It is a condition of a licence that regulated activities must be conducted consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

(3) Clause 10, page 15 (after line 14), after subclause (2), insert:

(2A) Before the Governor-General makes regulations for the purpose of paragraph (2)(c), the Minister must:

(a) consider whether prescribing the area that is proposed to be a designated zone could reasonably be expected to impact the interests of the Indigenous Peoples who are the traditional owners of any lands and waters in the area; and

(b) if the Minister considers that prescribing the area could reasonably be expected to impact those interests—ensure that the free, prior and informed consent of Indigenous Peoples consistent with the United Nations Declaration on the Rights of Indigenous Peoples has been obtained.

Note: The text of United Nations General Assembly resolutions could in 2024 be accessed through the United Nations' website (https://www.un.org).

(2B) Subsection (2A) does not limit section 17 of the Legislation Act 2003.

(4) Clause 32, page 34 (after line 10), after paragraph 32(1)(a), insert:

(aa) the conditions set out in section 32A;

(5) Page 35 (after line 23), after clause 32, insert:

32A Regulated activities to be conducted consistent with UNDRIP

(1) A licence is subject to the condition that the licence holder must take all reasonably practicable steps to ensure that regulated activities authorised by the licence are conducted in a manner that promotes the principles set out in the United Nations Declaration on the Rights of Indigenous Peoples.

(2) A licence is subject to the condition that the licence holder must ensure that a decision about the conduct of regulated activities authorised by the licence that could reasonably be expected to impact the interests of Indigenous Peoples who are the traditional owners of any land and waters which may be affected by the decision must not be made unless the free, prior and informed consent of Indigenous Peoples consistent with the United Nations Declaration on the Rights of Indigenous Peoples has been obtained.

Note: The text of United Nations General Assembly resolutions could in 2024 be accessed through the United Nations' website (https://www.un.org).

_____

SHEET 2632

(1) Clause 31, page 33 (after line 22), after subparagraph (2)(a)(i), insert:

(ia) that the applicant is a fit and proper person to hold a licence;

(2) Clause 31, page 33 (after line 23), after paragraph (2)(a), insert:

Note: In having regard to whether the applicant is a fit and proper person for the purposes of subparagraph (2)(a)(ia), the Regulator may take into consideration any or all of the matters in section 38A.

(3) Clause 35, page 36 (lines 27 to 30), omit paragraph (1)(b), substitute:

(b) the Regulator believes on reasonable grounds that the licence holder is not a fit and proper person; or

Note: In having regard to whether the licence holder is a fit and proper person for the purposes of paragraph (1)(b), the Regulator may take into consideration any or all of the matters in section 38A.

(4) Page 40 (after line 10), at the end of Division 2, add:

38A Fit and proper person considerations

(1) In having regard to whether a person is a fit and proper person for the purposes of this Act, the Regulator may take into consideration any or all of the following:

(a) whether the person has:

(i) contravened relevant legislation; or

(ii) held a licence, accreditation or other authority that has been suspended or cancelled under relevant legislation;

(b) if the person is a body corporate—whether a director or former director of the body corporate or a related body corporate has:

(i) contravened relevant legislation; or

(ii) held a licence, accreditation or other authority that has been suspended or cancelled under relevant legislation;

(c) if the person is a body corporate—whether a director or former director of the body corporate or a related body corporate is or has been the director of another body corporate that has:

(i) contravened relevant legislation; or

(ii) held a licence, accreditation or other authority that has been suspended or cancelled under relevant legislation;

(d) the person's record of compliance with relevant legislation;

(e) if the person is a body corporate—the record of compliance with relevant legislation of each director or former director of the body corporate or a related body corporate;

(f) whether, in the Regulator's opinion, the conduct of regulated activities under a licence will or will not be in the hands of a technically competent person;

(g) whether, in the Regulator's opinion, the person is of good repute, having regard to character, honesty and integrity;

(h) if the person is a body corporate—whether, in the Regulator's opinion, each director and former director of the body corporate or a related body corporate is of good repute, having regard to character, honesty and integrity;

(i) whether, in the previous 10 years, the person has, in any Australian jurisdiction, been:

(i) convicted of an offence involving fraud, dishonesty or other behaviour the Regulator considers would make the person unfit to hold a licence; or

(ii) subject to a finding of professional misconduct or unsatisfactory professional conduct;

(j) if the person is a body corporate—whether, in the previous 10 years, any director or former director of the body corporate or a related body corporate has, in any Australian jurisdiction, been:

(i) convicted of an offence involving fraud, dishonesty or other behaviour the Regulator considers would make the person unfit to hold a licence; or

(ii) subject to a finding of professional misconduct or unsatisfactory professional conduct;

(k) whether, during the previous 3 years, the person was personally insolvent;

(l) if the person is a body corporate—whether, during the previous 3 years, a director or former director of the body corporate was personally insolvent;

(m) if the person is a body corporate—whether the person or a related body corporate applied to take the benefit of a law for the relief of insolvent debtors or compounded with the person's or body corporate's creditors;

(n) for an individual—whether the person is or was a director of a body corporate that:

(i) is the subject of a winding up order; or

(ii) has had a controller or administrator appointed during the previous 3 years;

(o) for a body corporate—whether the body corporate or a related body corporate:

(i) is the subject of a winding up order; or

(ii) has had a controller or administrator appointed during the previous 3 years;

(p) whether the person has demonstrated to the Regulator the financial capacity to comply with the person's obligations under the licence or the proposed licence;

(q) whether the person is in partnership with a person whom the Regulator does not consider to be a fit and proper person in connection with conducting regulated activities authorised, or sought to be authorised, by a licence; or

(r) if the person is a body corporate—whether a related body corporate is in partnership with a person whom the Regulator does not consider to be a fit and proper person under this section, in connection with conducting regulated activities authorised, or sought to be authorised, by a licence,

(s) any other matters the Regulator considers appropriate.

(2) In this section:

director has the same meaning as in the Corporations Act 2001.

related body corporate has the same meaning as in the Corporations Act 2001.

relevant legislation means:

(a) this Act and the regulations; and

(b) legislation of any other Australian jurisdiction relating to radiation control or protection; and

(c) legislation (including legislation that has been repealed or legislation of another jurisdiction) prescribed by the regulations.

_____

SHEET 2633

(1) Clause 3, page 3 (after line 17), after the paragraph beginning "Regulated activities", insert:

There are nuclear safety duties that apply to any person that is a party in the naval nuclear power supply chain. For example, they must ensure nuclear safety and report nuclear safety incidents.

(2) Clause 5, page 8 (after line 26), after paragraph (c) of the definition of investigation area, insert:

(ca) an area in which a nuclear supply activity is conducted;

(3) Clause 5, page 9 (after line 13), after paragraph (c) of the definition of monitoring area, insert:

(ca) an area in which a nuclear supply activity is conducted;

(4) Clause 5, page 10 (after line 9), after the definition of nuclear safety incident, insert:

nuclear supply activity has the meaning given by the regulations.

(5) Clause 5, page 10 (after line 18), after the definition of paid work, insert:

party, in relation to the naval nuclear supply chain, has the meaning given by the regulations.

(6) Clause 5, page 11 (line 28), omit "or 24(1)", substitute ", 24(1) or 25A(1)".

(7) Heading to Part 2, page 19 (lines 1 and 2), omit "when conducting regulated activities".

(8) Clause 17, page 19 (after line 21), after the paragraph beginning "People who are authorised", insert:

There are nuclear safety duties that apply to any person that is a party in the naval nuclear power supply chain.

(9) Page 29 (after line 17), at the end of Division 2, add:

Subdivision D — Nuclear safety duties applying to persons in the naval nuclear power supply chain

25A General nuclear safety duty

(1) A person who is a party in the naval nuclear power supply chain must, so far as reasonably practicable, ensure nuclear safety in relation to a nuclear supply activity.

Civil penalty provisions

(2) A person is liable to a civil penalty if the person contravenes subsection (1).

Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).

Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).

Civil penalty: 10,000 penalty units.

(3) A person is liable to a civil penalty if:

(a) the person contravenes subsection (1); and

(b) a nuclear safety incident occurs; and

(c) the contravention caused or contributed to the nuclear safety incident.

Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).

Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).

Civil penalty: 20,000 penalty units.

Offences

(4) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in a contravention of subsection (1).

Penalty:

(a) for an individual—imprisonment for 12 years or 700 penalty units, or both; or

(b) for a body corporate—28,000 penalty units.

(5) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct results in a contravention of subsection (1); and

(c) a nuclear safety incident occurs; and

(d) the person is reckless, or negligent, as to whether the conduct would cause or contribute to the nuclear safety incident.

Penalty:

(a) for an individual—imprisonment for 25 years or 1,400 penalty units, or both; or

(b) for a body corporate—57,500 penalty units.

(6) Strict liability applies to paragraph (5)(c).

25B Duty to report nuclear safety incidents

(1) A person who is a party in the naval nuclear power supply chain must report, in accordance with subsection (2), any nuclear safety incident that occurs in relation to a nuclear supply activity.

Note 1: A person covered by this subsection may also have a duty under another law.

Note 2: For the definition of nuclear safety incident see subsection 21(2).

(2) The report under subsection (1):

(a) must be given to the Regulator immediately after the person becomes aware of the incident; and

(b) must be in writing, or may be given orally but must be confirmed by written notice given to the Regulator as soon as practicable after being given orally; and

(c) must be in the approved form (if any); and

(d) must contain the information (if any) prescribed by the regulations; and

(e) must be given to the Regulator in the manner (if any) prescribed by the regulations.

Civil penalty provision

(3) A person is liable to a civil penalty if the person contravenes subsection (1).

Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).

Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).

Civil penalty: 5,000 penalty units.

Offence

(4) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct contravenes subsection (1).

Penalty:

(a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or

(b) for a body corporate—14,000 penalty units.

(5) Strict liability applies to paragraph (4)(b).

_____

SHEET 2918

(1) Clause 5, page 8 (after line 16), after the definition of function, insert:

high level radioactive material means material which has a thermal energy output of at least 2 kilowatts per cubic metre.

(2) Clause 8A, page 14 (line 7), after "spent nuclear fuel", insert "or high level radioactive material".

(3) Clause 8A, page 14 (line 10), after "spent nuclear fuel", insert ", or high level radioactive material,".

(4) Clause 8A, page 14 (line 12), after "spent nuclear fuel", insert ", or high level radioactive material,".

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendments moved by Senator Thorpe on sheets 2516, 2629, 2630, 2631, 2919, 2920 and, by leave, on sheets 2627, 2632, 2633 and 2918 be agreed to.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Could I have my name recorded as supporting 2518 and supporting 2519, please?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

Senator Roberts, I'm informed that those two amendments were not in the vote that we did just then.

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

by leave—I move my committee of the whole amendments on sheet 2978:

(1) Clause 5, page 9 (after line 6), after the definition of licence, insert:

low level radioactive material means radioactive material (within the meaning of the National Radioactive Waste Management Act 2012) that is not high level radioactive material (within the meaning of that Act).

(2) Clause 8A, page 14 (after line 15), at the end of the clause, add:

(3) This section has no effect to the extent of any inconsistency with section 8C.

(3) Page 14 (after line 27), at the end of Subdivision A, add:

8C Prohibition on receiving and storing radioactive waste

(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:

(a) for an AUKUS submarine not operated by Australia for naval or military purposes—arrangements have been made for any low level radioactive material to be removed from Australia by the operator of that AUKUS submarine to a suitable radioactive waste management facility outside of Australia within 12 months; or

(b) for an AUKUS submarine operated by Australia for naval or military purposes—the site of a suitable long-term radioactive waste management facility has been identified and gazetted.

(2) The Regulator must not issue a licence in respect of the receipt or storage of radioactive waste from an AUKUS submarine unless paragraph (1)(a) or (b) applies.

(4) Clause 21, page 24 (lines 13 and 14), omit subparagraph (2)(b)(ii), substitute:

(ii) releases radioactive material into the environment, or could have resulted in a release of radioactive material into the environment; or

(5) Clause 21, page 25 (after line 13), at the end of the clause add:

Definitions of serious illness and serious injury

(7) In this section:

serious illness has the meaning given by an instrument made under subsection (8).

serious injury has the meaning given by an instrument made under subsection (8).

(8) The Minister may, by legislative instrument, determine the meanings of serious illness and serious injury for the purposes of subsection (7).

(6) Clause 109, page 97 (after line 25), after subclause (3A), insert:

Qualification for nomination

(3B) The Minister must not nominate a person for appointment as Director-General or Deputy Director-General unless the Senate agrees to the nomination by resolution of the Senate, agreed to by an absolute majority of Senators.

(7) Clause 123A, page 106 (line 29), omit paragraph (1)(b), substitute:

(b) the release radioactive material into the environment.

(8) Clause 123A, page 107 (lines 1 to 3), omit subclause (2), substitute:

(2) If the Director-General becomes aware that a nuclear safety incident has occurred:

(a) the Director-General must notify the Minister about the incident as soon as possible; and

(b) the Minister must notify the Prime Minister about the incident as soon as possible after the Minister has been notified about the incident; and

(c) the Prime Minister must notify the Premiers and Chief Ministers of the relevant State and Territories about the incident as soon as possible after the Prime Minister has been notified about the incident.

(2A) If the Minister and Prime Minister are notified of an incident under subsection (2), the Minister and Prime Minister must issue a joint public statement about the incident within 24 hours of both being notified.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendments circulated by Senator Lambie on sheet 2978 be agreed to.

Senator Lambie's circulated amendments—

(1) Clause 5, page 9 (after line 6), after the definition of licence, insert:

low level radioactive material means radioactive material (within the meaning of the National Radioactive Waste Management Act 2012) that is not high level radioactive material (within the meaning of that Act).

(2) Clause 8A, page 14 (after line 15), at the end of the clause, add:

(3) This section has no effect to the extent of any inconsistency with section 8C.

(3) Page 14 (after line 27), at the end of Subdivision A, add:

8C Prohibition on receiving and storing radioactive waste

(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:

(a) for an AUKUS submarine not operated by Australia for naval or military purposes—arrangements have been made for any low level radioactive material to be removed from Australia by the operator of that AUKUS submarine to a suitable radioactive waste management facility outside of Australia within 12 months; or

(b) for an AUKUS submarine operated by Australia for naval or military purposes—the site of a suitable long-term radioactive waste management facility has been identified and gazetted.

(2) The Regulator must not issue a licence in respect of the receipt or storage of radioactive waste from an AUKUS submarine unless paragraph (1)(a) or (b) applies.

(4) Clause 21, page 24 (lines 13 and 14), omit subparagraph (2)(b)(ii), substitute:

(ii) releases radioactive material into the environment, or could have resulted in a release of radioactive material into the environment; or

(5) Clause 21, page 25 (after line 13), at the end of the clause add:

Definitions of serious illness and serious injury

(7) In this section:

serious illness has the meaning given by an instrument made under subsection (8).

serious injury has the meaning given by an instrument made under subsection (8).

(8) The Minister may, by legislative instrument, determine the meanings of serious illness and serious injury for the purposes of subsection (7).

(6) Clause 109, page 97 (after line 25), after subclause (3A), insert:

Qualification for nomination

(3B) The Minister must not nominate a person for appointment as Director-General or Deputy Director-General unless the Senate agrees to the nomination by resolution of the Senate, agreed to by an absolute majority of Senators.

(7) Clause 123A, page 106 (line 29), omit paragraph (1)(b), substitute:

(b) the release radioactive material into the environment.

(8) Clause 123A, page 107 (lines 1 to 3), omit subclause (2), substitute:

(2) If the Director-General becomes aware that a nuclear safety incident has occurred:

(a) the Director-General must notify the Minister about the incident as soon as possible; and

(b) the Minister must notify the Prime Minister about the incident as soon as possible after the Minister has been notified about the incident; and

(c) the Prime Minister must notify the Premiers and Chief Ministers of the relevant State and Territories about the incident as soon as possible after the Prime Minister has been notified about the incident.

(2A) If the Minister and Prime Minister are notified of an incident under subsection (2), the Minister and Prime Minister must issue a joint public statement about the incident within 24 hours of both being notified.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I seek leave to have my committee of the whole amendments on sheet 2962 and 2963 considered.

Leave granted.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendments circulated by Senator Pocock on sheets 2962 and 2963 be agreed to.

Senator Pocock's circulated amendments—

SHEET 2962

(1) Page 119 (after line 14), at the end of Part 6, add:

Division 5 — Review

147 Review of operation of Act

(1) The Minister must cause an independent review to be conducted of the operation of this Act.

(2) The review must start as soon as practicable after the end of 5 years after this Act commences.

(3) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review.

(4) The Minister must table a copy of the report in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

SHEET 2963

(1) Clause 140A, page 115 (after line 31), at the end of the clause, add:

(7) Subject to subsection (8), if the advisory committee gives the Minister advice under subsection (2) the advisory committee must cause a copy of that advice to be:

(a) published on the Department's website as soon as practicable after giving the advice to the Minister; and

(b) tabled in each House of the Parliament within 15 sitting days of that House after giving the advice to the Minister.

(8) The Minister may direct the advisory committee that subsection (7) does not apply if the Minister is satisfied that it is necessary to do so in the interests of national security and to deal with an emergency.

(9) The Minister must:

(a) table a copy of each written instrument made under subsection (3) in each House of the Parliament within 15 sitting days of that House after making the instrument; and

(b) table a copy of each written direction made under subsection (4) in each House of the Parliament within 15 sitting days of that House after making the direction.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

Senator Thorpe, could you let us know if, in amongst the amendments that you moved, you moved the amendment on sheet 2628?

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

No.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

I'll put that question now—I beg your pardon. The question now before the chair is that the remaining stages of the bills be agreed to and that the bills be now passed. Senator McKim.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

As a point of order, I'm seeking clarification on Senator Thorpe's amendment on sheet 2628. If that wasn't put, can I ask for an explanation as to why that is not being put by you. I believe Senator Thorpe wishes that question to be put.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

Indeed. Senator Thorpe, you have the right to have that question put.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I'm scared to get in trouble, because I always get in trouble—

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

You have the call, Senator Thorpe.

Lidia Thorpe (Victoria, Independent) Share this | Link to this | Hansard source

I seek leave to have the question put on my amendment on sheet 2628, please.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

It was circulated early enough, so you didn't need to seek leave. The question is that clause 135 stand as printed.

Senator Thorpe opposed clause 135 in the following terms—

(1) Clause 135, page 111 (lines 1 to 4), to be opposed.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I seek leave to make a one-minute statement.

Leave not granted.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I seek to ask whether Senator Thorpe's amendments on sheets 2518 and 2519 have been moved, and, if not, whether Senator Thorpe is going to move them.

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

They were withdrawn. As it's the desire of the chamber, I will put the question that the amendments on sheet 2518 and sheet 2519 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 2518

(1) Clause 6, page 13 (line 9), omit "enterprise; and", substitute "enterprise.".

(2) Clause 6, page 13 (lines 10 and 11), omit paragraphs (c) and (d).

_____

SHEET 2519

(1) Page 92 (after line 17), after Division 1, insert:

Division 2A — Register

99A Register of Nuclear Power Safety

(1) The Regulator must establish and maintain a Register of Nuclear Power Safety setting out details in relation to the following matters:

(a) designated zones (if any) prescribed by regulations made for the purpose of paragraph 10(2)(c);

(b) nuclear safety incidents reported under subsection 21(1);

(c) licence applications made under section 28;

(d) decisions by the Regulator to issue, or refuse to issue, a licence under subsection 31(1);

(e) if a licence is issued under subsection 31(1):

(i) the conditions of the licence under subsection 32(1); and

(ii) variations (if any) to the conditions of the licence under subsection 34(1); and

(iii) a decision (if any) to suspend the licence under subsection 35(1) or (3); and

(iv) a decision (if any) to cancel the licence under subsection 35(1);

(f) prohibition notices issued by the Regulator under subsection 78(2);

(g) convictions for an offence against a provision of this Act;

(h) directions given by the Minister to the Regulator under subsection 105(1);

(i) any other information prescribed by the regulations.

(2) The Register must be kept by electronic means.

(3) The Register must be published on a website maintained by the Department.

(4) The regulations must make provision for, or in relation to:

(a) the details to be set out on the Register in relation to the matters referred to in subsection (1); and

(b) the correction of information that is included in the Register, including how a person may seek the correction of information that is about the person; and

(c) arrangements for notifying the public about new entries to the Register; and

(d) any other matters relating to the administration or operation of the Register.

(5) The Minister may exempt certain information from inclusion in the Register if the Minister is satisfied that it is necessary to do so in the interests of national security and to deal with an emergency.