AUSTRALIAN NAVAL NUCLEAR POWER SAFETY BILL 2023

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Contents

Part 1

Introduction

Division 1

Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Simplified outline of this Act ............................................................ 2

Division 2

Defined terms

Subdivision A

Simplified outline of this Division

Simplified outline of this Division .................................................... 5

Subdivision B

The Dictionary

The Dictionary ................................................................................... 5

Division 3

Core provisions

Subdivision A

Objects of this Act

Objects of this Act ........................................................................... 13

What are AUKUS submarines? ....................................................... 13

Regulating persons when they conduct regulated activities ............. 13

Subdivision B

Regulated activities

What are regulated activities? .......................................................... 14

Regulated activities and designated zones ....................................... 14

Subdivision C

Facility activities (first type of regulated activity)

What are facility activities? ............................................................. 15

What are NNP facilities? ................................................................. 15

Subdivision D

Submarine activities (second type of regulated

activity)

What are submarine activities? ........................................................ 16

Subdivision E

Material activities (third type of regulated

activity)

What are material activities? ........................................................... 16

What are NNP material and NNP equipment or plant? ................... 17

Subdivision F

The Regulator

The Regulator .................................................................................. 17

Part 2

Ensuring nuclear safety when conducting regulated

activities

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 19

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division 2

Nuclear safety duties

Subdivision A

Nuclear safety duties applying to all persons

conducting regulated activities

General nuclear safety duty ............................................................. 20

Duty to be authorised by a licence ................................................... 21

Subdivision B

Nuclear safety duties applying to licence holders

Duty on licence holders

nuclear safety management

systems ............................................................................................ 23

Duty on licence holders

reporting nuclear safety incidents .......... 24

Duty on licence holders

competence and supervision .................. 25

Duty on licence holders

complying with licence conditions ......... 26

Subdivision C

Nuclear safety duties applying to persons

authorised by a licence

Duty on authorised persons

nuclear safety management

systems ............................................................................................ 27

Duty on authorised persons

complying with licence

conditions ........................................................................................ 28

Part 3

Australian naval nuclear power safety licences

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 30

Division 2

Australian naval nuclear power safety licences

Australian naval nuclear power safety licences ............................... 31

Who may apply for a licence? ......................................................... 31

Who are Commonwealth-related persons? ...................................... 31

Requirements of the application ...................................................... 31

30A

Regulator may require further information ...................................... 33

Issuing licences ................................................................................ 33

Licence conditions ........................................................................... 34

Period of licences ............................................................................ 35

Varying licences .............................................................................. 36

Suspending or cancelling licences ................................................... 36

Regulator to give notice before varying, suspending or

cancelling licences ........................................................................... 38

Surrendering licences ...................................................................... 38

Review of licence decisions............................................................. 38

Part 4

Compliance and enforcement

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 41

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

iii

Division 2

Monitoring

Entry, and exercise of powers, for monitoring purposes.................. 42

Monitoring powers .......................................................................... 43

Securing evidence ............................................................................ 44

Additional powers in relation to evidential material ........................ 45

Extension of period for securing a thing .......................................... 46

Notification and announcement of entry.......................................... 47

Entering certain premises for access to monitoring area .................. 48

Division 3

Investigation

Subdivision A

Investigation powers

Entering investigation area by consent or under a warrant .............. 50

Investigation powers ........................................................................ 50

Securing equipment to obtain expert assistance .............................. 52

Extension of period for securing equipment .................................... 53

Offence for interfering with securing of, or secured,

equipment ........................................................................................ 54

Seizing other evidential material ..................................................... 55

Subdivision B

Obligations and incidental powers of inspectors

Consent ............................................................................................ 55

Announcement before entry under warrant ..................................... 56

Inspector to be in possession of warrant .......................................... 56

Details of warrant etc. to be given to relevant person in

relation to investigation area ............................................................ 57

Completing execution after temporary cessation ............................. 57

Completing execution of warrant stopped by court order ................ 59

Using force in executing a warrant .................................................. 59

Entering certain premises for access to investigation area ............... 59

Subdivision C

Rights of relevant person in relation to

investigation area

Right to observe execution of warrant ............................................. 60

Subdivision D

General provisions relating to seizure

Copies of seized things to be provided ............................................ 60

Receipts for seized things ................................................................ 61

Return of seized things .................................................................... 61

Issuing officer may permit a seized thing to be retained .................. 62

Disposal of things seized ................................................................. 63

Compensation for acquisition of property ....................................... 63

Subdivision E

Investigation warrants

Investigation warrants ..................................................................... 64

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Investigation warrants by telephone, fax etc. ................................... 65

Authority of warrant ........................................................................ 67

Offence relating to warrants by telephone, fax etc. ......................... 67

Division 4

Civil penalty provisions

Civil penalty provisions ................................................................... 69

Requirement for person to assist with applications for civil

penalty orders .................................................................................. 70

Civil double jeopardy ...................................................................... 71

Division 5

Directions, notices and other requirements

Subdivision A

Directions and other notices

Inspector may give directions .......................................................... 72

Inspector to arrange for steps to be taken ........................................ 73

Inspector may give improvement notices ........................................ 74

Inspector may give prohibition notices ............................................ 76

Copy of direction or notice to be displayed ..................................... 79

Offence for tampering with or removing a direction or notice ........ 80

Subdivision B

Other requirements and offences

Requirement to facilitate entry to Australian submarine ................. 80

Power to make requirement of a person .......................................... 81

Offences for contravention of requirement made of a person .......... 81

Asking questions and seeking production of documents ................. 82

Offence for ordering or coercing a person to not answer

question or produce document ......................................................... 83

Division 6

Australian Naval Nuclear Power Safety Inspectors

Appointment of inspectors ............................................................... 84

Identity cards for inspectors............................................................. 85

Persons assisting inspectors ............................................................. 86

Offence for false representation as an inspector .............................. 86

Offence for impersonating an inspector ........................................... 87

Offence for obstructing, hindering, intimidating or resisting

an inspector...................................................................................... 87

Inspector to have regard to nuclear safety and security ................... 87

Division 7

Other matters relating to compliance and

enforcement

References to entering monitoring area or investigation area .......... 88

References to equipment ................................................................. 88

Issuing officers ................................................................................ 88

Compensation for damage to equipment ......................................... 89

Legal professional privilege ............................................................ 90

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Privilege against self-incrimination and penalty privilege ............... 90

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 1

Simplified outline of this Part

Simplified outline of this Part .......................................................... 92

Division 2

The Regulator

100

Establishment of the Regulator ........................................................ 93

101

Composition of the Regulator .......................................................... 93

102

Functions of the Regulator .............................................................. 93

103

The Regulator may consult or cooperate with others ....................... 94

104

Independence of the Regulator ........................................................ 94

105

Ministerial directions to the Regulator ............................................ 95

Division 3

The Director-General and the Deputy

Director-General

Subdivision A

The Director-General

106

The Director-General ....................................................................... 96

107

Functions of the Director-General ................................................... 96

Subdivision B

The Deputy Director-General

108

The Deputy Director-General .......................................................... 97

Subdivision C

Appointment of the Director-General and the

Deputy Director-General

109

Appointment .................................................................................... 97

110

Acting appointments ........................................................................ 98

111

Terms and conditions ...................................................................... 99

112

Remuneration and allowances ......................................................... 99

113

Leave of absence ............................................................................. 99

114

Other paid or unpaid work or activities ........................................... 99

115

Disclosure of interests ................................................................... 100

116

Resignation .................................................................................... 100

117

Termination of appointment .......................................................... 101

Division 4

Other members of the Regulator

102

118

Staff ............................................................................................... 102

119

Persons assisting the Regulator ..................................................... 102

Division 5

Independence and immunities of members of the

Regulator

104

120

Independence from ADF chain of command ................................. 104

121

Immunity from criminal and civil proceedings .............................. 104

Division 6

Reporting

105

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

122

Annual report ................................................................................. 105

123

Reporting to the Minister ............................................................... 105

Part 6

Other matters

106

Division 1

Simplified outline of this Part

106

124

Simplified outline of this Part ........................................................ 106

Division 2

Application of this Act

107

Subdivision A

General

107

125

Extraterritorial application ............................................................. 107

126

Extension to external Territories ................................................... 107

Subdivision B

Application of this Act to the Crown in right of

the Commonwealth

107

127

This Act binds the Crown .............................................................. 107

128

Offences and the Commonwealth .................................................. 107

129

Civil penalty provisions and the Commonwealth .......................... 108

130

Representative for the Commonwealth in proceedings.................. 108

131

Liability of the Commonwealth to pay criminal or civil

penalties ......................................................................................... 108

Subdivision C

Interaction with other laws

109

132

The

Australian Radiation Protection and Nuclear Safety Act

1998

............................................................................................... 109

133

The

Nuclear Non-Proliferation (Safeguards) Act 1987

................. 109

134

Operation of workplace health and safety laws ............................. 110

135

Operation of State and Territory laws ............................................ 111

Subdivision D

Interaction with international agreements etc.

111

136

Functions to be performed having regard to prescribed

international agreements ................................................................ 111

137

Application of Act to certain foreign persons ................................ 111

Subdivision E

General rules about offences and civil penalty

provisions

111

138

Geographical jurisdiction for offences........................................... 111

139

Physical elements of offences ........................................................ 112

140

Contravening an offence provision or a civil penalty

provision ........................................................................................ 112

Division 3

Delegations

113

141

Delegation by the Minister ............................................................ 113

142

Delegation by the Director-General ............................................... 113

Division 4

Regulations and other instruments

114

143

Regulations .................................................................................... 114

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

A Bill for an Act to regulate activities relating to

conventionally-armed, nuclear-powered

submarines to ensure the nuclear safety of those

activities, and for related purposes

The Parliament of Australia enacts:

Part

1--Introduction

Division

1--Preliminary

1 Short title

This Act is the

Australian Naval Nuclear Power Safety Act 2023

Part 1

Introduction

Division 1

Preliminary

Section 2

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of

this Act

A single day to be fixed by Proclamation.

However, if the provisions do not commence

within the period of 6 months beginning on

the day this Act receives the Royal Assent,

they commence on the first day of the first

calendar month to start after the end of that

period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline of this Act

This Act is about regulating activities relating to AUKUS

submarines to ensure the nuclear safety of those activities.

AUKUS submarines are conventionally-armed, nuclear-powered

submarines operated, or under construction in Australia, for naval

or military purposes by Australia (these

are "Australian

submarines") or by the United Kingdom or the United States of

America (these

are "UK/US submarines").

The activities that are regulated by this Act are called

regulated

activities

. There are 3 types of regulated activities.

Introduction

Part 1

Preliminary

Division 1

Section 3

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

•

The first type are

facility activities

". These are activities that

relate to particular facilities (called

NNP facilities

) that are

relevant to AUKUS submarines (such as facilities to construct

an AUKUS submarine) (see sections 11 and 12 for facility

activities and NNP facilities).

•

The second type are "submarine activities". These are

activities that relate to AUKUS submarines themselves (such

as constructing an AUKUS submarine) (see section 13 for

submarine activities).

•

The third type are "material activities"

. These are activities

that relate to certain material, equipment and plant (called

P material"

and

NP equipment or plant

which emit

or produce radiation and are from, or for use on, AUKUS

submarines (see sections 14 and 15 for material activities).

Regulated activities can only occur in designated zones (which are

particular areas in Australia (see section 10)) or in relation to

Australian submarines.

There are nuclear safety duties that apply to people when they

conduct regulated activities. For example, they must ensure nuclear

safety, and must be authorised by a licence, when conducting those

activities. There are additional nuclear safety duties that apply to

licence holders (such as the duty to establish, implement and

maintain a nuclear safety management system and report nuclear

safety incidents) as well as other persons authorised under a licence

(such as the duty to implement and comply with the nuclear safety

management system and comply with licence conditions). A

person who breaches a nuclear safety duty may be subject to civil

or criminal penalties. Part 2 deals with nuclear safety duties.

A person must be authorised by an Australian naval nuclear power

safety licence to conduct a regulated activity. Only

Commonwealth-related persons can apply for a licence and be a

licence holder, but other people may be authorised under a licence.

Part 3 deals with licences.

Part 1

Introduction

Division 1

Preliminary

Section 3

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

This Act establishes an independent regulator, called the

Australian Naval Nuclear Power Safety Regulator

, which has

functions relating to regulated activities, such as licensing,

investigating whether people are complying with this Act, and

taking enforcement action if they are not. Part 4 deals with

compliance and enforcement powers. Part 5 establishes the

Regulator and deals with other administrative matters relating to

the Regulator.

Introduction

Part 1

Defined terms

Division 2

Section 4

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Division

2--Defined terms

Subdivision A

Simplified outline of this Division

4 Simplified outline of this Division

This Division is about the terms that are defined in this Act.

The Dictionary is a list of every term that is defined in this Act.

The Dictionary is in section 5.

A term will either be defined in the Dictionary itself, or in another

provision of this Act. If another provision defines the term, the

Dictionary will have a signpost to that definition.

Subdivision B

The Dictionary

5 The Dictionary

(1) In this Act:

approved form

means a form approved under section 146.

AUKUS submarine

: see subsection 7(1).

Australian Naval Nuclear Power Safety Inspector

means any of

the following:

(a) the Director-General;

(b) the Deputy Director-General;

under section 86.

Australian naval nuclear power safety licence

: see section 27.

Australian submarine

: see subsection 7(2).

authorised person

, in relation to a licence, means a person

authorised to conduct a regulated activity under the licence (see

paragraphs 27(a) and (b)).

Part 1

Introduction

Division 2

Defined terms

Section 5

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Note:

Other parts of speech and grammatical for

ms of "authorised person"

(for example, "person authorised") have a corresponding meaning (see

section 18A of the

Acts Interpretation Act 1901

civil penalty order

has the same meaning as in the Regulatory

Powers Act.

civil penalty provision

has the same meaning as in the Regulatory

Powers Act.

Commonwealth company

has the same meaning as in

subsection 89(1) of the

Public Governance, Performance and

Accountability Act 2013

Commonwealth contractor

: see subsection 29(2).

Commonwealth entity

has the same meaning as in section 10 of

the

Public Governance, Performance and Accountability Act 2013

Commonwealth officer

means:

(a) a Minister; or

(b) an official (within the meaning of the

Public Governance,

Performance and Accountability Act 2013

) of a

non-corporate Commonwealth entity, including (to avoid

doubt):

(i) a member of the Australian Defence Force; and

(ii) a member or special member of the Australian Federal

Police (within the meaning of the

Australian Federal

Police Act 1979

Commonwealth-related person

: see subsection 29(1).

corporate Commonwealth entity

has the same meaning as in

paragraph 11(a) of the

Public Governance, Performance and

Accountability Act 2013

Deputy Director-General

means the Deputy Director-General of

the Australian Naval Nuclear Power Safety Regulator appointed

under section 109 for the purposes of section 108.

designated zone

: see subsection 10(2).

Introduction

Part 1

Defined terms

Division 2

Section 5

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Director-General

means the Director-General of the Australian

Naval Nuclear Power Safety Regulator appointed under

section 109 for the purposes of section 106.

engage in conduct

means:

(a) do an act; or

(b) omit to perform an act.

Note:

Other parts of speech and grammatical forms of "engage in conduct"

(for example, "engages in conduct") have a corresponding meaning

(see section 18A of the

Acts Interpretation Act 1901

evidential material

means any of the following:

(a) a thing with respect to which an offence provision,

or a civil

penalty provision, of this Act has been contravened or is

suspected, on reasonable grounds, to have been contravened;

(b) a thing that there are reasonable grounds for suspecting will

afford evidence as to the contravention of such an offence

provision or a civil penalty provision;

intended to be used for the purpose of contravening such an

offence provision or a civil penalty provision.

facility activity

: see section 11.

Finance Minister

means the Minister administering the

Public

Governance, Performance and Accountability Act 2013

foreign naval or government vessel

means any of the following:

(a) a warship or other vessel that:

(i) is operated for naval or military purposes by a foreign

country; and

(ii) is under the command of a member of the armed forces

of the foreign country; and

(iii) bears external marks of nationality; and

(iv) is manned by seafarers under armed forces discipline

(however described);

(b) a vessel that is used by a foreign country, for the time being,

on government non-commercial service as a naval auxiliary;

Part 1

Introduction

Division 2

Defined terms

Section 5

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

customs or law enforcement purposes.

function

includes power, obligation or duty.

identity card

, in relation to an inspector, means a card issued to the

inspector under section 87.

improvement notice

: see subsection 77(1).

inspector

means an Australian Naval Nuclear Power Safety

Inspector.

investigation area

means any of the following (including while it

is not complete):

(a) an Australian submarine;

(b) a designated zone;

(d) any other premises;

but does not include a foreign naval or government vessel.

Note:

An investigation area may not be complete because, for example, it is

being constructed or disposed of.

investigation powers

: see section 48 and subsections 49(2) and

52(2).

investigation warrant

means:

(a) a warrant issued by an issuing officer under section 68; or

(b) a warrant signed by an issuing officer under section 69.

ionizing radiation

: see subsection 15(3).

issuing officer

: see subsection 95(1).

licence

means an Australian naval nuclear power safety licence.

material activity

: see section 14.

member

of the Regulator: see subsection 101(2).

monitoring area

means any of the following (including while it is

not complete):

Introduction

Part 1

Defined terms

Division 2

Section 5

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(a) an Australian submarine;

(b) a designated zone;

designated zone;

but does not include a foreign naval or government vessel.

Note:

A monitoring area may not be complete because, for example, it is

being constructed or disposed of.

monitoring powers

: see section 41 and subsection 42(1).

NNP equipment or plant

: see subsection 15(2).

NNP facility

: see section 12.

NNP material

: see subsection 15(1).

non-corporate Commonwealth entity

has the same meaning as in

paragraph 11(b) of the

Public Governance, Performance and

Accountability Act 2013

non-ionizing radiation

: see subsection 15(4).

nuclear safety

includes:

(a) in all cases

protecting the health and safety of people, and

the environment, from the harmful effects of ionising

radiation and non-ionising

radiation; and

(b) in relation to an activity that is a regulated activity

the

following matters to the extent they

relate to the matters in

paragraph (a):

(i) the implementation of proper operating conditions for

the activity;

(ii) the prevention of accidents relating to the activity;

(iii) the mitigation of the consequences of such accidents (if

they occur).

nuclear safety incident

: see subsection 21(2).

occupier

, in relation to a monitoring area, an investigation area or

premises, includes an individual present in the area or premises

who is in apparent control of the area or premises.

Part 1

Introduction

Division 2

Defined terms

Section 5

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

offence provision

, of this Act, includes an offence provision of the

Crimes Act 1914

or the

Criminal Code

to the extent that it relates

to this Act.

Note:

See also section 140.

Osborne designated zone

: see subsection 10(4).

paid work

: see subsection 114(2).

person assisting

an inspector: see subsection 88(1).

premises

includes the following:

(a) a structure, building, vehicle, vessel or aircraft, that is in

Australia;

(b) a place (whether or not enclosed or built on) that is in

Australia;

but does not include a foreign naval or government vessel.

prohibition notice

: see subsection 78(2).

radioactive waste management facility

includes a facility for

managing, storing or disposing of radioactive waste.

reasonably practicable

: see subsection (2).

regulated activity

: see section 9.

Regulator

means the Australian Naval Nuclear Power Safety

Regulator established under section 100.

Regulatory Powers Act

means the

Regulatory Powers (Standard

Provisions) Act 2014

relevant person

, in relation to a monitoring area or an investigation

area, means the following:

(a) if the area is an Australian submarine or another vessel

the

commanding officer of the submarine or master of the vessel,

or an individual who apparently represents the commanding

officer or master;

Introduction

Part 1

Defined terms

Division 2

Section 5

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(b) if the area is an aircraft

the pilot in command, a crew

member, or the operator, of the aircraft, or an individual who

apparently represents the pilot in command or the operator of

the aircraft;

any owner or occupier of the area, or an

individual who apparently represents an owner or occupier of

the area.

staff

of the Regulator means the persons referred to in

subsection 118(1).

Stirling designated zone

: see subsection 10(3).

submarine activity

: see section 13.

this Act

includes instruments made under this Act.

UK/US submarine

: see subsection 7(3).

(2)

Reasonably practicable

, in relation to a duty imposed on a person

under subsection 18(1), 20(1), 22(1) or 24(1) to ensure nuclear

safety, means that which is, or was at a particular time, reasonably

able to be done in relation to ensuring nuclear safety, taking into

account and weighing up all relevant matters, including:

(a) the likelihood of the hazard or risk concerned eventuating;

and

(b) the degree of harm that might result from the hazard or risk

concerned eventuating; and

know, about:

(i) the hazard or the risk concerned; and

(ii) ways of eliminating or minimising the hazard or risk

concerned; and

(d) the availability and suitability of ways to eliminate or

minimise the hazard or risk concerned; and

(e) after assessing the extent of the hazard or risk concerned and

the available ways of eliminating or minimising the hazard or

risk concerned, the cost associated with available ways of

eliminating or minimising the hazard or risk concerned,

Introduction

Part 1

Core provisions

Division 3

Section 6

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Division

3--Core provisions

Subdivision A

Objects of this Act

6 Objects of this Act

The objects of this Act are:

(a) to

promote the nuclear safety of activities relating to AUKUS

submarines; and

(b) to promote public confidence and trust in relation to the

nuclear

safety of Australia's nuclear

-powered submarine

enterprise; and

(d) to support the AUKUS partnership.

7 What are AUKUS submarines?

(1) An

AUKUS submarine

is:

(a) an Australian submarine; or

(b) a UK/US submarine;

and includes such a submarine that is not complete (for example,

because it is being constructed or disposed of).

(2) An

Australian submarine

is a conventionally-armed,

nuclear-powered submarine operated, or under construction in

Australia, for naval or military purposes by Australia.

(3) An

UK/US submarine

is a conventionally-armed, nuclear-powered

submarine operated, or under construction in Australia, for naval or

military purposes by the United Kingdom or the United States of

America.

8 Regulating persons when they conduct regulated activities

For the purposes of achieving the objects of this Act, this Act has

rules that apply to persons when they conduct regulated activities.

Note 1:

Regulated activities are activities that relate to AUKUS submarines.

For what is a regulated activity, see sections 9 to 15.

Part 1

Introduction

Division 3

Core provisions

Section 9

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Note 2:

People who conduct regulated activities must comply with nuclear

safety duties (see Part 2 for those duties). A person who breaches a

nuclear safety duty may be subject to civil or criminal penalties (Part 2

also deals with penalties for breaches).

Subdivision B

Regulated activities

9 What are regulated activities?

There are 3 types of

regulated activity

(a) a facility activity; and

(b) a submarine activity; and

10 Regulated activities and designated zones

(1) Regulated activities can only occur in a designated zone or in

relation to an Australian submarine.

Note:

Facility activities can only occur in a designated zone, and submarine

activities and material activities can occur either in a designated zone

or in relation to an Australian submarine.

(2) Each of the following is a

designated zone

(a) the Stirling designated zone;

(b) the Osborne designated zone;

regulations to be a designated zone.

(3) The

Stirling designated zone

is the area known as HMAS

Stirling

at Garden Island in Western Australia, as described by the

regulations.

(4) The

Osborne designated zone

is the area known as Osborne Naval

Shipyard in South Australia, as described by the regulations.

Introduction

Part 1

Core provisions

Division 3

Section 11

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Subdivision C

Facility activities (first type of regulated

activity)

11 What are facility activities?

Each of the following is a

facility

activity

(a) preparing a site for an NNP facility in a designated zone;

(b) constructing an NNP facility in a designated zone;

designated zone;

(d) operating an NNP facility in a designated zone;

(e) decommissioning an NNP facility in a designated zone;

(f) disposing of an NNP facility in a designated zone.

Note:

Paragraphs (a) to (f) are not necessarily mutually exclusive of each

other.

12 What are NNP facilities?

NNP facility

(short for naval nuclear propulsion facility) is any

of the following facilities:

(a) a facility for constructing an AUKUS submarine;

(b) a facility for maintaining naval nuclear propulsion plant

from, or for use on, an AUKUS submarine;

for use on, an AUKUS submarine;

(d) a radioactive waste management facility that:

(i) is for managing, storing or disposing of radioactive

waste from an AUKUS submarine; and

(ii) has an activity that is greater than the activity level

prescribed by the regulations.

Note:

Paragraphs (a) to (d) are not necessarily mutually exclusive of each

other.

Part 1

Introduction

Division 3

Core provisions

Section 13

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Subdivision D

Submarine activities (second type of regulated

activity)

13 What are submarine activities?

Each of the following is a

submarine

activity

(a) constructing an AUKUS submarine in a designated zone;

(b) having possession or control of an Australian submarine;

(d) maintaining an Australian submarine;

(e) decommissioning an Australian submarine;

(f) disposing of an Australian submarine.

Note:

Paragraphs (a) to (f) are not necessarily mutually exclusive of each

other.

Subdivision E

Material activities (third type of regulated

activity)

14 What are material activities?

(1) Each of the following is a

material activity

(a) having possession or control of NNP material or NNP

equipment or plant in a designated zone or an Australian

submarine;

(b) using NNP material in a designated zone or an Australian

submarine;

zone or an Australian submarine;

(d) maintaining, storing or disposing of NNP material or NNP

equipment or plant in a designated zone or an Australian

submarine.

Note:

Paragraphs (a) to (d) are not necessarily mutually exclusive of each

other.

(2) However, an activity covered by subsection (1) is not a

material

activity

if the regulations prescribe that the activity is not a material

activity.

Introduction

Part 1

Core provisions

Division 3

Section 15

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

15 What are NNP material and NNP equipment or plant?

(1)

NNP material

(short for naval nuclear propulsion material) means

any natural or artificial material (whether in solid or liquid form, or

in the form of a gas or vapour) that:

(a) emits ionizing radiation spontaneously; and

(b) is from, or for use on, an AUKUS submarine.

(2)

NNP equipment or plant

(short for naval nuclear propulsion

equipment or plant) means any equipment or plant from, or for use

on, an AUKUS submarine, that:

(a) produces ionizing radiation when energised or that would, if

assembled or repaired, be capable of producing ionizing

radiation when energised; or

(b) produces ionizing radiation because it contains radioactive

material; or

(i) produces harmful non-ionizing radiation when

energised; and

(ii) is prescribed by the regulations.

(3)

Ionizing radiation

is electromagnetic or particulate radiation

capable of producing ions directly or indirectly, but does not

include electromagnetic radiation of a wavelength greater than 100

nanometres.

(4)

Non-ionizing radiation

is electromagnetic radiation of a

wavelength greater than 100 nanometres.

Subdivision F

The Regulator

16 The Regulator

For the purposes of achieving the objects of this Act, this Act:

(a) establishes the Australian Naval Nuclear Power Safety

Regulator; and

(b) confers functions on the Regulator in relation to regulated

activities (such as promoting, monitoring and enforcing

compliance with this Act); and

Ensuring nuclear safety when conducting regulated activities

Part 2

Simplified outline of this Part

Division 1

Section 17

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Part

2--Ensuring nuclear safety when conducting

regulated activities

Division

1--Simplified outline of this Part

17 Simplified outline of this Part

There are nuclear safety duties that apply to people when they

conduct regulated activities. Division 2 deals with these duties.

There are nuclear safety duties that apply to any person who

conducts a regulated activity. These are duties to ensure nuclear

safety, and to be authorised by a licence, when conducting those

activities. Subdivision A of Division 2 deals with these duties.

Licence holders are subject to nuclear safety duties that apply just

to them, such as the duty to establish, implement and maintain a

nuclear safety management system, report nuclear safety incidents

and comply with licence conditions. Subdivision B of Division 2

deals with the duties applying to licence holders.

People who are authorised by a licence to conduct a regulated

activity are also subject to nuclear safety duties that apply just to

them, such as the duty to implement and comply with the nuclear

safety management system and comply with licence conditions.

Subdivision C of Division 2 deals with the duties applying to

authorised persons.

A person who breaches a nuclear safety duty may be subject to

civil or criminal penalties for the breach. There are varying levels

of civil and criminal penalties, depending on the duty involved and

the person to whom the duty applies.

Part 2

Ensuring nuclear safety when conducting regulated activities

Division 2

Nuclear safety duties

Section 18

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

2--Nuclear safety duties

Subdivision A

Nuclear safety duties applying to all persons

conducting regulated activities

18 General nuclear safety duty

(1) A person who conducts a regulated activity must, so far as

reasonably practicable, ensure nuclear safety when conducting the

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

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.

Ensuring nuclear safety when conducting regulated activities

Part 2

Nuclear safety duties

Division 2

Section 19

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Offences

(4) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct is a regulated activity; and

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 is a regulated activity; and

(d) a nuclear safety incident occurs; and

(e) 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 paragraphs (4)(b) and (5)(b) and (d).

19 Duty to be authorised by a licence

(1) A person must not conduct a regulated activity if the person does

not hold a licence authorising the person to conduct the regulated

activity.

Civil penalty provision

(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).

Part 2

Ensuring nuclear safety when conducting regulated activities

Division 2

Nuclear safety duties

Section 19

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

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

(3) A person commits an offence if:

(a) the person conducts an activity; and

(b) the activity is a regulated activity; and

conduct the regulated activity.

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.

(4) Strict liability applies to paragraphs (3)(b) and (c).

Exception

(5) Subsections (2) and (3) do not apply if:

(a) the person is not the holder of a licence but is authorised by a

licence to conduct the regulated activity; or

(b) an exemption granted under section 144 applies to the person

in relation to the activity.

Note 1:

For the purposes of subsection (2), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see section 96 of the

Regulatory Powers Act).

Note 2:

For the purposes of subsection (3), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see

subsection 13.3(3) of the

Criminal Code

Ensuring nuclear safety when conducting regulated activities

Part 2

Nuclear safety duties

Division 2

Section 20

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Subdivision B

Nuclear safety duties applying to licence

holders

20 Duty on licence holders

nuclear safety management systems

(1) A person who is the holder of a licence must establish, implement

and maintain a nuclear safety management system that ensures, so

far as reasonably practicable, the nuclear safety of regulated

activities conducted by the licence holder and other persons

authorised by the licence.

Civil penalty provision

(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:

5,000 penalty units.

Offence

(3) A person commits an offence if:

(a) the person is the holder of a licence; and

(b) the person engages in conduct; and

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.

(4) Strict liability applies to paragraph (3)(a).

Part 2

Ensuring nuclear safety when conducting regulated activities

Division 2

Nuclear safety duties

Section 21

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

21 Duty on licence holders

reporting nuclear safety incidents

(1) A person who is the holder of a licence must report, in accordance

with subsection (3), any nuclear safety incident that occurs in

relation to a regulated activity authorised by the licence.

Note:

A person covered by this subsection may also have a duty under

another law of the Commonwealth to report the incident to another

entity.

(2) An incident is a

nuclear safety incident

if:

(a) it relates to nuclear safety; and

(b) it:

(i) results in, or could have resulted in, the death of, serious

injury to, or serious illness in, an individual; or

(ii) results in, or could have resulted in, a serious

environmental incident; or

(iii) is of a kind prescribed by the regulations.

(3) 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

(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

(4) 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

Ensuring nuclear safety when conducting regulated activities

Part 2

Nuclear safety duties

Division 2

Section 22

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

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

(5) A person commits an offence if:

(a) the person is the holder of a licence; and

(b) the person engages in conduct; and

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.

(6) Strict liability applies to paragraphs (5)(a) and (c).

22 Duty on licence holders

competence and supervision

(1) A person who is the holder of a licence must, so far as reasonably

practicable, ensure that:

(a) the persons authorised to conduct regulated activities under

the licence have the appropriate expertise, training and

information to ensure the nuclear safety of those activities;

and

(b) those activities are appropriately supervised.

Civil penalty provision

(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).

Part 2

Ensuring nuclear safety when conducting regulated activities

Division 2

Nuclear safety duties

Section 23

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Civil penalty:

5,000 penalty units.

Offence

(3) A person commits an offence if:

(a) the person is the holder of a licence; and

(b) the person engages in conduct; and

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.

(4) Strict liability applies to paragraph (3)(a).

23 Duty on licence holders

complying with licence conditions

(1) A person who is the holder of a licence must comply with the

conditions of the licence that apply to the person.

Civil penalty provision

(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 fo

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

(3) A person commits an offence if:

(a) the person is the holder of a licence; and

(b) the person engages in conduct; and

Ensuring nuclear safety when conducting regulated activities

Part 2

Nuclear safety duties

Division 2

Section 24

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

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.

(4) Strict liability applies to paragraphs (3)(a) and (c).

Exception

(5) Subsections (2) and (3) do not apply if an exemption granted under

section 144 applies to the person in relation to the licence

condition.

Note 1:

For the purposes of subsection (2), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see section 96 of the

Regulatory Powers Act).

Note 2:

For the purposes of subsection (3), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see

subsection 13.3(3) of the

Criminal Code

Subdivision C

Nuclear safety duties applying to persons

authorised by a licence

24 Duty on authorised persons

nuclear safety management systems

(1) A person who is authorised to conduct a regulated activity under a

licence must, so far as reasonably practicable, implement and

comply with the nuclear safety management system that applies to

the regulated activity.

Civil penalty provision

(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).

Part 2

Ensuring nuclear safety when conducting regulated activities

Division 2

Nuclear safety duties

Section 25

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Civil penalty:

2,500 penalty units.

Offence

(3) A person commits an offence if:

(a) the person is authorised to conduct a regulated activity under

a licence; and

(b) the person engages in conduct; and

Penalty:

(a) for an individual

imprisonment for 3 years or 175 penalty

units, or both; or

(b) for a body corporate

7,000 penalty units.

(4) Strict liability applies to paragraph (3)(a).

25 Duty on authorised persons

complying with licence conditions

(1) A person who is authorised by a licence (other than the licence

holder) must comply with the conditions of the licence that apply

to the person.

Civil penalty provision

(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 m

ind 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:

2,500 penalty units.

Offence

(3) A person commits an offence if:

(a) a person is authorised by a licence; and

Ensuring nuclear safety when conducting regulated activities

Part 2

Nuclear safety duties

Division 2

Section 25

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(b) the person engages in conduct; and

Penalty:

(a) for an individual

imprisonment for 3 years or 175 penalty

units, or both; or

(b) for a body corporate

7,000 penalty units.

(4) Strict liability applies to paragraphs (3)(a) and (c).

Exception

(5) Subsections (2) and (3) do not apply if an exemption granted under

section 144 applies to the person in relation to the licence

condition.

Note 1:

For the purposes of subsection (2), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see section 96 of the

Regulatory Powers Act).

Note 2:

For the purposes of subsection (3), a defendant bears an evidential

burden in relation to the matter in subsection (5) (see

subsection 13.3(3) of the

Criminal Code

Part 3

Australian naval nuclear power safety licences

Division 1

Simplified outline of this Part

Section 26

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Part

3--Australian naval nuclear power safety

licences

Division

1--Simplified outline of this Part

26 Simplified outline of this Part

A person must be authorised by an Australian naval nuclear power

safety licence to conduct a regulated activity, and comply with the

conditions of the licence (see sections 19, 23 and 25 for the

offences and civil penalty provisions relating to this).

Only Commonwealth-related persons can apply to the Regulator

for a licence and be a licence holder (see section 29 for who are

Commonwealth-related persons).

However, other people may also be authorised under the licence

(see paragraphs 27(a) and (b) for who is authorised under a

licence).

On receiving an application for a licence, the Regulator must

decide whether to issue the licence. The Regulator can also impose

conditions on the licence, as well as vary, suspend or cancel the

licence.

Australian naval nuclear power safety licences

Part 3

Australian naval nuclear power safety licences

Division 2

Section 27

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Division

2--Australian naval nuclear power safety licences

27 Australian naval nuclear power safety licences

Australian naval nuclear power safety licence

authorises:

(a) the licence holder; and

(b) a person, or class of persons, specified in the licence as being

an authorised person;

to conduct one or more regulated activities that are specified in the

licence, subject to the conditions of the licence.

28 Who may apply for a licence?

A Commonwealth-related person may apply for a licence.

29 Who are Commonwealth-related persons?

(1) A

Commonwealth-related person

is:

(a) the Commonwealth; or

(b) a corporate Commonwealth entity; or

(d) a Commonwealth contractor.

(2) A person is a

Commonwealth contractor

if:

(a) the person is not a person referred to in paragraph (1)(a), (b)

or (c); and

(b) the person is a party to a contract with a person referred to in

any of those paragraphs; and

30 Requirements of the application

(1) An application for a licence must:

(a) specify the regulated activity to be authorised by the licence;

and

(b) specify the persons, or class of persons, to be authorised to

conduct the regulated activity; and

Part 3

Australian naval nuclear power safety licences

Division 2

Australian naval nuclear power safety licences

Section 30

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(d) for a licence to authorise a facility activity

specify the

designated zone, and the area within that zone, in which the

facility activity may be conducted under the licence; and

(e) for a licence to authorise a submarine activity:

(i) for a submarine activity referred to in paragraph 13(a)

specify the designated zone, and the area within that

zone, in which the submarine activity may be conducted

under the licence; or

(ii) for any other submarine activity

specify the Australian

submarine in relation to which the submarine activity

may be conducted under the licence; and

(f) for a licence to authorise a material activity

specify:

(i) the designated zone or Australian submarine; and

(ii) the area within that zone or submarine;

in which the material activity may be conducted under the

licence; and

(g) for an application made by the Commonwealth

specify the

non-corporate Commonwealth entity or Commonwealth

officer who is making the application on behalf of the

Commonwealth; and

(h) be in writing; and

(i) be in the approved form (if any); and

(j) contain the information (if any) prescribed by the regulations;

and

(k) be accompanied by the documents (if any) prescribed by the

regulations; and

(l) be given to the Regulator in the manner (if any) prescribed

by the regulations.

(2) To avoid doubt, the application may relate to:

(a) one or more regulated activities; and

(b) one or more designated zones, or areas of designated zones;

and

Australian naval nuclear power safety licences

Part 3

Australian naval nuclear power safety licences

Division 2

Section 30A

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

30A Regulator may require further information

(1) The Regulator may, by written notice given to the applicant for a

licence, require the applicant to give the Regulator

further

information in connection with the application.

(2) Any information required under subsection (1) must be of a kind

prescribed by the regulations.

(3) The Regulator may make the requirement under subsection (1) at

any time before the Regulator makes a decision on the application

under section 31, whether before or after the Regulator has begun

to consider the application.

(4) If the Regulator makes a requirement under subsection (1) in

relation to an application, the Regulator may refuse to consider, or

further consider, the application until the further information

required has been given to the Regulator.

31 Issuing licences

(1) If a Commonwealth-related person makes an application for a

licence under section 28, the Regulator may issue, or refuse to

issue, the licence to the person.

(2) In deciding whether to issue a licence, the Regulator must:

(a) be satisfied:

(i) that the applicant will be able to comply with the

conditions of the licence; and

(ii) of any matter prescribed by the regulations; and

(b) take into account:

(i) international best practice in relation to nuclear safety

that is relevant to naval nuclear propulsion; and

(ii) any matter prescribed by the regulations.

(3) A licence under subsection (1) may authorise:

(a) any or all of the regulated activities specified in the

application; and

(b) any or all of the persons, or class of persons, specified in the

application; and

Part 3

Australian naval nuclear power safety licences

Division 2

Australian naval nuclear power safety licences

Section 32

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

designated zones, or areas in those zones, specified in the

application.

(4) A licence issued to the Commonwealth may be issued in the name

of the non-corporate Commonwealth entity or Commonwealth

officer who made the application for the licence on behalf of the

Commonwealth.

32 Licence conditions

(1) A licence is subject to all of the following conditions:

(a) the condition set out in subsection (2);

(b) the conditions prescribed by the regulations;

time of issuing the licence;

(d) any conditions specified by the Regulator under

subsection 34(2) after the licence is issued.

(2) A licence is subject to the condition that the licence holder must

take all reasonably practicable steps to prevent:

(a) breaches of the licence conditions that apply to the licence

holder (other than this condition); and

(b) breaches of any licence conditions that apply to persons

authorised to conduct regulated activities under the licence.

(3) A condition may be prescribed or specified for the purposes of

paragraph (1)(b) or (c) only if the condition is necessary to ensure

nuclear safety.

(4) Without limiting the conditions that may be prescribed or specified

for the purposes of paragraph (1)(b) or (c), conditions about the

following matters may be prescribed or specified for the purposes

of those paragraphs:

(a) nuclear safety management systems;

(b) nuclear safety incident reporting;

(d) plans or arrangements about any of the following:

(i) nuclear safety;

Australian naval nuclear power safety licences

Part 3

Australian naval nuclear power safety licences

Division 2

Section 33

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(ii) organisational structure, resourcing and culture relating

to nuclear safety;

(iii) interaction with other regulated activities conducted in

the same designated zone or in relation to the same

Australian submarine by persons other than those

authorised by the licence (for example, by persons

authorised by another licence);

(iv) emergency preparedness and response;

(v) prevention and minimisation of nuclear safety incidents;

(vi) prevention and minimisation of errors (whether human,

mechanical, system or otherwise) and organisational

failures;

(vii) protection of the environment;

(viii) investigation and reporting of breaches of licence

conditions;

(ix) record-keeping;

(x) compliance with applicable standards and codes;

(xi) maintaining effective control over regulated activities;

(xii) security;

(xiii) interaction with obligations imposed by other laws;

(xiv) management of radioactive waste;

(xv) disposal or decommissioning of something relating to a

regulated activity.

33 Period of licences

(1) A licence may be issued:

(a) for an indefinite period; or

(b) for a period specified in the licence.

(2) A licence continues in force until:

(a) it is cancelled or surrendered; or

(b) if the licence was issued for a specified period

the end of

that period (or that period as extended under

paragraph 34(2)(d)), unless earlier cancelled or surrendered.

Part 3

Australian naval nuclear power safety licences

Division 2

Australian naval nuclear power safety licences

Section 34

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(3) However, a licence is not in force during any period it is

suspended, to the extent it is suspended.

34 Varying licences

(1) The Regulator may, by notice in writing given to the licence

holder, vary a licence.

(2) Without limiting subsection (1), the Regulator may:

(a) impose additional licence conditions; or

(b) remove or vary licence conditions that were imposed by the

Regulator; or

(including by adding or removing the regulated activities

authorised by the licence, or by adding or removing persons

or classes of persons authorised to conduct regulated

activities); or

(d) if the licence was issued for a specified period

extend that

period.

(3) A licence may be varied under subsection (1):

(a) on written application by the licence holder; or

(b)

on the Regulator's own initiative.

(4) A notice given under subsection (1) is not a legislative instrument.

35 Suspending or cancelling licences

Discretionary power to suspend or cancel licence

(1) The Regulator may, by notice in writing given to the licence

holder, suspend or cancel a licence if:

(a) a condition of the licence has been breached, whether by the

licence holder or by a person authorised by the licence; or

(b) the Regulator believes on reasonable grounds that the licence

holder, or a person authorised by the licence, has:

(i) committed an offence against this Act; or

(ii) contravened a civil penalty provision of this Act; or

Australian naval nuclear power safety licences

Part 3

Australian naval nuclear power safety licences

Division 2

Section 35

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(2) A licence may be suspended or cancelled under subsection (1):

(a) on written application by the licence holder; or

(b)

on the Regulator's own initiative.

Requirement to suspend licence

(3) The Regulator must, by notice in writing given to the licence

holder, suspend a licence if the Regulator is satisfied that the

suspension is necessary for the purpose of:

(a) protecting human life; or

(b) ensuring nuclear safety; or

environment.

Special provisions for suspending licences

(4) A licence may be suspended under subsection (1) or (3) wholly or

to the extent specified in writing by the Regulator.

(5) A suspension:

(a) comes into force on the day specified by the Regulator in

writing or, if no day is so specified, on the day the licence

holder is notified in writing of the suspension; and

(b) remains in force until:

(i) the end of the period specified in writing by the

Regulator, which must not exceed the period prescribed

by the regulations; or

(ii) if no period is specified

the end of the period

prescribed by the regulations;

unless it is cancelled or surrendered earlier.

(6) A period referred to in subparagraph (5)(b)(i) may be specified by

reference to the fulfilment of a requirement or condition specified

by the Regulator.

Instruments are not legislative instruments

(7) A specification under subsection (5) is not a legislative instrument.

Part 3

Australian naval nuclear power safety licences

Division 2

Australian naval nuclear power safety licences

Section 36

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

36 Regulator to give notice before varying, suspending or cancelling

licences

(1) This section applies if:

(a) the Regulator is proposing to take any of the following

action:

(i) vary a licence under subsection 34(1);

(ii) suspend or cancel a licence under subsection 35(1); and

(b) the licence holder did not apply to the Regulator under

subsection 34(3) or 35(2) to take that action.

(2) The Regulator must, before taking the action:

(a) give the licence holder a notice, in writing, inviting the

licence holder to show cause, within a reasonable period

specified in the notice, why the action should not be taken;

and

(b) consider any representations the licence holder makes to the

Regulator within that period.

(3) A notice given under subsection (2) is not a legislative instrument.

37 Surrendering licences

The holder of a licence may, with the consent of the Regulator,

surrender the licence.

38 Review of licence decisions

Decisions which may be reviewed

(1) This section applies to any decisions of the Regulator under this

Part (the

original decision

), other than a decision made under

subsection 35(3) (which requires the Regulator to suspend a

licence in certain circumstances).

Internal review

(2) As soon as practicable after the original decision is made, a written

notice must be given to the person (the

relevant person

) who is:

Australian naval nuclear power safety licences

Part 3

Australian naval nuclear power safety licences

Division 2

Section 38

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(a) for a decision relating to a refusal to issue a licence, or to

issue a licence on terms that are different from those applied

for

the applicant for the licence; and

(b) for a decision relating to varying, suspending, cancelling or

surrendering a licence

the licence holder.

(3) The notice must contain:

(a) the terms of the decision; and

(b) the reasons for the decision; and

(c)

a statement setting out particulars of the person's right to

have the decision reviewed under this section.

(4) The relevant person may apply to the Regulator for review of the

original decision unless the original decision was made by the

Director-General.

(5) An application for review under subsection (4) must:

(a) be in the approved form; and

(b) contain the information required by the regulations; and

(i) 30 days after the day on which the written notice of the

decision was given to the relevant person; or

(ii) such longer period as allowed by the Regulator either

before or after the end of the 30-day period.

(6) The Regulator must, on receiving an application under

subsection (4) for review of the original decision, cause the

original decision to be reviewed by a person who is to perform the

Regulator's power under this section, being a person who:

(a) was not involved in making the original decision; and

(b) occupies a position that is senior to that occupied by any

person involved in making the original decision.

(7) A person who reviews the original decision under this section may:

(a) make a decision affirming, varying or revoking the original

decision; and

(b) if the person revokes the original decision

make such other

decision as the person thinks appropriate.

Part 3

Australian naval nuclear power safety licences

Division 2

Australian naval nuclear power safety licences

Section 38

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(8) A failure to comply with the requirements of subsection (2) in

relation to the original decision does not affect the validity of the

original decision.

AAT review

(9) Applications may be made to the Administrative Appeals Tribunal

for review of:

(a) if the Director-General made the original decision

the

original decision; or

(b) a decision made under subsection (7) on internal review of

the original decision.

Compliance and enforcement

Part 4

Simplified outline of this Part

Division 1

Section 39

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Part

4--Compliance and enforcement

Division

1--Simplified outline of this Part

39 Simplified outline of this Part

This Part sets out the powers that an inspector may exercise to

monitor and ensure compliance, and investigate non-compliance,

with this Act. Inspectors also have powers to investigate nuclear

safety incidents.

Inspectors' powers include entering monitoring areas and

investigation areas, conducting searches, operating equipment, and

securing or seizing evidence. Some of the inspector

s' powers may

only be exercised with a warrant or consent.

Inspectors also have powers to give directions, improvement

notices and prohibition notices, and to make requirements of

persons.

An inspector may be assisted by other persons, called

"persons

assi

sting",

who may exercise the same powers as the inspector.

The Regulatory Powers Act provides for the enforcement of civil

penalty provisions of this Act.

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 40

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

2--Monitoring

40 Entry, and exercise of powers, for monitoring purposes

(1) An inspector may, at any time, enter a monitoring area, and

exercise the monitoring powers, for the purposes of:

(a) determining whether this Act has been, or is being, complied

with; or

(b) determining whether information provided under, or for the

purposes of, this Act is correct; or

inspector enters the monitoring area or exercises a

monitoring power (other than under subsection 42(1)) in

relation to the monitoring area, the inspector does not

reasonably suspect

that the incident involves a contravention

of an offence provision, or a civil penalty provision, of this

Act.

Note 1:

A reference in this Part to entering a monitoring area includes a

reference to boarding an Australian submarine or another vessel (see

section 93).

Note 2:

The

monitoring powers

are set out in section 41 and subsection 42(1).

Entry with or without consent

(2) An inspector may enter a monitoring area under subsection (1)

with or without the consent of any relevant person in relation to the

monitoring area.

Note:

For the definition of

relevant person

in relation to a monitoring area,

see subsection 5(1).

Entry without a warrant

(3) To avoid doubt, an inspector may enter a monitoring area, and

exercise monitoring powers, in accordance with subsection (1)

without a warrant.

Compliance and enforcement

Part 4

Monitoring

Division 2

Section 41

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

41 Monitoring powers

General monitoring powers

(1) The following are the

monitoring powers

that an inspector may

exercise in relation to a monitoring area under section 40:

(a) the power to search the monitoring area and any thing in the

monitoring area;

(b) the power to examine or observe any activity conducted in

the monitoring area;

conduct tests on any thing in the monitoring area;

(d) the power to make any still or moving image or any

recording (including a sound recording) of the monitoring

area, or of any person, conversation or any thing in the

monitoring area;

(e) the power to inspect any document in the monitoring area;

(f) the power to take extracts from, or make copies of, any such

document;

(g) the power to take into the monitoring area such equipment

and materials as the inspector requires for the purpose of

exercising powers in relation to the monitoring area;

(h) the powers set out in subsections (2) and (3) and

subsection 42(1).

Powers relating to operating equipment

(2) The

monitoring powers

include the power to:

(a) operate equipment in the monitoring area; and

(b) use a device that is in the monitoring area and can be used

with the equipment or is associated with it;

to determine whether the equipment or the device contains

information relevant to a purpose referred to in paragraph 40(1)(a),

(b) or (c).

(3) If information referred to in subsection (2) is found in the exercise

of the power under that subsection, the

monitoring powers

include

the following powers:

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 42

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(a) the power to operate equipment in the monitoring area to put

the information in documentary form and remove the

documents from the monitoring area;

(b) the power to operate equipment in the monitoring area to

transfer the information to a device that:

(i) is brought into the monitoring area for the exercise of

the power; or

(ii) is in the monitoring area and the use of which for that

purpose has been agreed in writing by a relevant person

in relation to the monitoring area;

and remove the device from the monitoring area.

(4) An inspector may operate equipment as mentioned in

subsection (2) or (3) only if the inspector reasonably believes that

the operation of the equipment can be carried out without damage

to the equipment.

Note:

For compensation for damage to equipment, see section 96.

42 Securing evidence

Power to secure evidence

(1) The

monitoring powers

include the power to secure a thing for up

to 72 hours if:

(a) the thing is found during the exercise of a monitoring power

under section 41; and

(b) an inspector reasonably believes that:

(i) a provision of this Act (including an offence provision,

or a civil penalty provision, of this Act) has been

contravened with respect to the thing; or

(ii) the thing affords evidence of the contravention of a

provision referred to in subparagraph (i); or

(iii) the thing is intended to be used for the purpose of

contravening a provision referred to in subparagraph (i);

(iv) the thing affords evidence that information provided

under, or for the purposes of, this Act is not correct; or

Compliance and enforcement

Part 4

Monitoring

Division 2

Section 43

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(v) the thing affords evidence in relation to an incident

referred to in paragraph 40(1)(c); and

(i) to secure the thing in order to prevent it from being

concealed, lost or destroyed during the period; and

(ii) to secure the thing without a warrant because it is not

practicable to obtain a warrant or the circumstances are

serious and urgent.

Note 1:

It may be necessary to secure a thing in order to prevent it from being

concealed, lost or destroyed while a warrant to seize the thing is

sought.

Note 2:

The period for which a thing may be secured may be extended (see

section 44).

(2) The thing may be secured by locking it up, placing a guard or any

other means.

Reporting exercise of power

(3) If an inspector exercises a power under this section, the inspector

must give the Director-General a report describing:

(a) the exercise of the power; and

(b)

the grounds for the inspector's belief under

paragraph (1)(c).

(4) A report under subsection (3) must be given as soon as practicable,

but no later than 28 days, after the exercise of the power.

43 Additional powers in relation to evidential material

(1) This section applies if:

(a) a thing is found during the exercise of a monitoring power

under section 41; and

(b) an inspector reasonably believes that:

(i) the thing is evidential material; and

(ii) any of the powers under subsection (2) needs to be

exercised without a warrant because it is not practicable

to obtain a warrant or the circumstances are serious and

urgent.

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 44

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(2) The inspector may exercise any of the following powers:

(a) the power to take a sample of the thing and remove the

sample from the monitoring area;

(b) the power to seize the thing.

(3) However, if the thing is equipment or a device that has been

operated under subsection 41(2), the inspector may seize the thing

under paragraph (2)(b) only if:

(a) it is not practicable to put all the evidential material the thing

contains in documentary form as mentioned in

paragraph 41(3)(a) or to transfer all the evidential material as

mentioned in paragraph 41(3)(b); or

(b) possession of the equipment or device by a relevant person in

relation to the monitoring area could constitute an offence

against a law of the Commonwealth, a State or a Territory.

Additional provisions applying to seizure of thing

(4) Subdivision D of Division 3 (General provisions relating to

seizure) applies in relation to the seizure of a thing under this

section as if a reference in that Subdivision to "this Division" were

a reference to this section.

Reporting exercise of powers

(5) If an inspector exercises a power under this section, the inspector

must give the Director-General a report describing:

(a) the exercise of the power; and

(b)

the grounds for the inspector's belief under

subparagraph (1)(b)(ii).

(6) A report under subsection (5) must be given as soon as practicable,

but no later than 28 days, after the exercise of the power.

44 Extension of period for securing a thing

Application for extension

(1) An inspector may apply to an issuing officer for an extension of the

72-hour period referred to in subsection 42(1) if the inspector

Compliance and enforcement

Part 4

Monitoring

Division 2

Section 45

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

reasonably

believes that the thing needs to be secured for longer

than that period.

(2) Before making the application, the inspector must give notice, to a

relevant person in relation to the monitoring area where the thing

was found, of the inspector

's intention to apply for an extension. A

relevant person in relation to the monitoring area is entitled to be

heard in relation to that application.

Granting the extension

(3) The issuing officer may, by order, grant an extension of the period

if the issuing officer is satisfied, by information on oath or

affirmation, that it is necessary:

(a) to secure the thing in order to prevent it from being

concealed, lost or destroyed during the period; and

(b) to secure the thing because the circumstances are serious and

urgent.

(4) However, the issuing officer must not grant the extension unless

the inspector or some other person has given to the issuing officer,

either orally or by affidavit, such further information (if any) as the

issuing officer requires concerning the grounds on which the

extension is being sought.

(5) The order extending the period must:

(a) describe the thing to which the order relates; and

(b) state the period for which the extension is granted; and

(d) state that the inspector (or a person assisting the inspector) is

authorised to secure the thing for that period.

(6) The period may be extended more than once.

45 Notification and announcement of entry

(1) An inspector may enter a monitoring area under

section 40 without

prior notice to any person.

(2) Before entering the monitoring area, the inspector must:

Part 4

Compliance and enforcement

Division 2

Monitoring

Section 46

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(a) announce that the inspector is authorised to enter the

monitoring area under section 40; and

(b) show the inspec

tor's identity card to a relevant person in

relation to the monitoring area; and

monitoring area.

Note:

For the definition of

relevant person

in relation to a monitoring area,

see subsection 5(1).

(3) However, an inspector is not required to comply with

subsection (2) if the inspector reasonably believes that immediate

entry to the monitoring area is required to ensure the safety of an

individual.

(4) If:

(a) an inspector does not comply with subsection (2) because of

subsection (3); and

(b) a relevant person in relation to the monitoring area is present

in the monitoring area;

the inspector must show the inspector's identity card to the relevant

person as soon as practicable after entering the monitoring area.

46 Entering certain premises for access to monitoring area

(1) An inspector may enter any premises (other than premises used as

a residence) to gain access to a monitoring area for the purposes of

section 40.

(2) Subsection (1) does not authorise an inspector to enter premises

unless the inspector has shown the inspector's identity card if

required by the occupier of the premises.

(3) However, an inspector is not required to comply with

subsection (2) if the inspector reasonably believes that immediate

entry to the premises is required to ensure the safety of an

individual.

(4) If:

(a) an inspector does not comply with subsection (2) because of

subsection (3); and

Part 4

Compliance and enforcement

Division 3

Investigation

Section 47

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

3--Investigation

Subdivision A

Investigation powers

47 Entering investigation area by consent or under a warrant

(1) If an inspector reasonably suspects that there may be evidential

material in an investigation area, the inspector may:

(a) enter the investigation area; and

(b) exercise the investigation powers.

Note 1:

A reference in this Part to entering an investigation area includes a

reference to boarding an Australian submarine or another vessel (see

section 93).

Note 2:

The

investigation powers

are set out in section 48 and

subsections 49(2) and 52(2).

(2) However, an inspector is not authorised to enter the investigation

area unless:

(a) a relevant person in relation to the investigation area has

consented to the entry; or

(b) the entry is made under an investigation warrant.

Note 1:

For the definition of

relevant person

in relation to an investigation

area, see subsection 5(1).

Note 2:

If entry to the investigation area is with the consent of a relevant

person in relation to the investigation area, the inspector must leave

the investigation area if the consent ceases to have effect (see

section 53).

48 Investigation powers

General investigation powers

(1) The following are the

investigation powers

that an inspector may

exercise in relation to an investigation area under section 47:

(a) if entry to the investigation area is with the consent of a

relevant person in relation to the investigation area

the

power to search the investigation area and any thing in the

Compliance and enforcement

Part 4

Investigation

Division 3

Section 48

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

investigation area for the evidential material the inspector

reasonably suspects may be in the investigation area;

(b) if entry to the investigation area is under an investigation

warrant:

(i) the power to search the investigation area and any thing

in the investigation area for the kind of evidential

material specified in the warrant; and

(ii) the power to seize evidential material of that kind if the

inspector finds it in the investigation area;

conduct tests on evidential material referred to in

paragraph (a) or (b);

(d) the power to make any still or moving image or any

recording (including a sound recording) of the investigation

area, of any person or conversation in the investigation area,

or of evidential material referred to in paragraph (a) or (b);

(e) the power to take into the investigation area such equipment

and materials as the inspector requires for the purpose of

exercising powers in relation to the investigation area;

(f) the powers set out in subsections (2) and (3), 49(2) and 52(2).

Powers relating to operating equipment

(2) The

investigation powers

include the power to:

(a) operate equipment in the investigation area; and

(b) use a device that is in the investigation area and can be used

with the equipment or is associated with it;

to determine whether the equipment or the device is or contains

evidential material.

(3) The

investigation powers

include the following powers in relation

to evidential material found in the exercise of the power under

subsection (2):

(a) if entry to the investigation area is under an investigation

warrant

the power to seize the equipment and the device

referred to in that subsection;

Part 4

Compliance and enforcement

Division 3

Investigation

Section 49

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(b) the power to operate equipment in the investigation area to

put the evidential material in documentary form and remove

the documents from the investigation area;

transfer the evidential material to a device that:

(i) is brought into the investigation area for the exercise of

the power; or

(ii) is in the investigation area and the use of which for that

purpose has been agreed in writing by a relevant person

in relation to the investigation area;

and remove the device from the investigation area.

(4) An inspector may operate equipment as mentioned in

subsection (2) or (3) only if the inspector reasonably believes that

the operation of the equipment can be carried out without damage

to the equipment.

Note:

For compensation for damage to equipment, see section 96.

(5) An inspector may seize equipment or a device as mentioned in

paragraph (3)(a) only if:

(a) it is not practicable to put the evidential material in

documentary form as mentioned in paragraph (3)(b) or to

transfer the evidential material as mentioned in

paragraph (3)(c); or

(b) possession of the equipment or the device by a relevant

person in relation to the investigation area could constitute an

offence against a law of the Commonwealth, a State or a

Territory.

49 Securing equipment to obtain expert assistance

(1) This section applies if an inspector enters an investigation area

under an investigation warrant to search for evidential material.

Securing equipment

(2) The

investigation powers

include the power to secure any

equipment that is in the investigation area if the inspector

reasonably suspects that:

Compliance and enforcement

Part 4

Investigation

Division 3

Section 50

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(a) there is evidential material of the kind specified in the

warrant in the investigation area; and

(b) the evidential material may be accessible by operating the

equipment; and

(d) the evidential material may be destroyed, altered or otherwise

interfered with, if the inspector does not take action under

this subsection.

The equipment may be secured by locking it up, placing a guard or

any other means.

Note:

See section 51 for the offence relating to interfering with the securing

of, or secured, equipment.

(3) The inspector must give notice to a relevant person in relation to

the investigation area of:

(a)

the inspector's intention to secure the equipment; and

(b) the fact that the equipment may be secured for up to 72

hours.

Period equipment may be secured

(4) The equipment may be secured until the earlier of the following

happens:

(a) the 72-hour period ends;

(b) the equipment has been operated by the expert.

Note 1:

The period for which equipment may be secured may be extended (see

section 50).

Note 2:

For compensation for damage to equipment, see section 96.

50 Extension of period for securing equipment

Application for extension

(1) An inspector may apply to an issuing officer for an extension of the

72-hour period referred to in paragraph 49(3)(b) if the inspector

reasonably believes that the equipment needs to be secured for

longer than that period.

Part 4

Compliance and enforcement

Division 3

Investigation

Section 51

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(2) Before making the application, the inspector must give notice to a

relevant person in relation to the investigation area where the

equipment was found,

of the inspector's intention to apply for an

extension. A relevant person in relation to the investigation area is

entitled to be heard in relation to that application.

Granting the extension

(3) The issuing officer may, by order, grant an extension of the period

if the issuing officer is satisfied, by information on oath or

affirmation, that it is necessary to secure the equipment in order to

prevent evidential material from being destroyed, altered or

otherwise interfered with.

(4) However, the issuing officer must not grant the extension unless

the inspector or some other person has given to the issuing officer,

either orally or by affidavit, such further information (if any) as the

issuing officer requires concerning the grounds on which the

extension is being sought.

Content of order

(5) The order extending the period must:

(a) describe the equipment to which the order relates; and

(b) state the period for which the extension is granted; and

(d) state that the inspector (or a person assisting the inspector) is

authorised to secure the equipment for that period.

(6) The period may be extended more than once.

51 Offence for interfering with securing of, or secured, equipment

A person commits an offence of strict liability if:

(a) an inspector is securing, or has secured, equipment under

section 49; and

(b) the person interferes with the securing of the equipment, or

the secured equipment; and

the period for which the

equipment is secured has not ended.

Compliance and enforcement

Part 4

Investigation

Division 3

Section 52

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Penalty: 60 penalty units.

52 Seizing other evidential material

(1) This section applies if an inspector enters an investigation area

under an investigation warrant to search for evidential material.

(2) The

investigation powers

include seizing a thing that is not

evidential material of the kind specified in the warrant if:

(a) in the course of searching for the kind of evidential material

specified in the warrant, the inspector finds the thing; and

(b) the inspector reasonably believes that:

(i) the thing is evidential material of another kind; and

(ii) it is necessary to seize the thing in order to prevent its

concealment, loss or destruction.

Subdivision B

Obligations and incidental powers of inspectors

53 Consent

(1) Before obtaining the consent of a relevant person in relation to an

investigation area for the purposes of paragraph 47(2)(a), an

inspector must inform the relevant person that the person may

refuse consent.

(2) A consent has no effect unless the consent is voluntary.

(3) A consent may be expressed to be limited to entry during a

particular period. If so, the consent has effect for that period unless

the consent is withdrawn before the end of that period.

(4) A consent that is not limited as mentioned in subsection (3) has

effect until the consent is withdrawn.

(5) If an inspector entered an investigation area because of the consent

of a relevant person in relation to the investigation area, the

inspector, and any person assisting the inspector, must leave the

investigation area if the consent ceases to have effect.

(6) If:

Part 4

Compliance and enforcement

Division 3

Investigation

Section 54

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(a) an inspector enters an investigation area because of the

consent of a relevant person in relation to the investigation

area; and

(b) the inspector has not shown that person, or another relevant

person in relation to the investigation area, the inspector's

identity card before entering the investigation area;

the inspector must do so on, or as soon as is reasonably practicable

after, entering the investigation area.

54 Announcement before entry under warrant

(1) Before entering an investigation area under an investigation

warrant, an inspector must:

(a) announce that the inspector is authorised to enter the

investigation area under section 47; and

(b)

show the inspector's identity card to

a relevant person in

relation to the investigation area; and

investigation area.

(2) However, an inspector is not required to comply with

subsection (1) if the inspector reasonably believes that immediate

entry to the investigation area is required:

(a) to ensure the safety of an individual; or

(b) to ensure that the effective execution of the warrant is not

frustrated.

(3) If:

(a) an inspector does not comply with subsection (1) because of

subsection (2); and

(b) a relevant person in relation to the investigation area is

present in the investigation area;

the inspector must show the inspector's identity card to the relevant

person as soon as practicable after entering the investigation area.

55 Inspector to be in possession of warrant

An inspector executing an investigation warrant must be in

possession of:

Compliance and enforcement

Part 4

Investigation

Division 3

Section 56

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(a) the warrant issued by the issuing officer under section 68, or

a copy of the warrant as so issued; or

(b) the form of warrant completed under subsection 69(6), or a

copy of the form as so completed.

56 Details of warrant etc. to be given to relevant person in relation

to investigation area

(1) An inspector must comply with subsection (2) if:

(a) an investigation warrant is being executed in relation to an

investigation area; and

(b) a relevant person in relation to the investigation area is

present in the investigation area.

(2) The inspector executing the warrant must, as soon as practicable:

(a) do one of the following:

(i) if the warrant was issued under section 68

make a

copy of the warrant available to a relevant person

referred to in paragraph (1)(b) (which need not include

the signature of the issuing officer who issued it);

(ii) if the warrant was signed under section 69

make a

copy of the form of warrant completed under

subsection 69(6) available to a relevant person referred

to in paragraph (1)(b); and

(b) inform a relevant person referred to in paragraph (1)(b), in

writing, of the rights of the relevant person under

Subdivision C.

57 Completing execution after temporary cessation

(1) This section applies if an inspector, and all persons assisting, who

are executing an investigation warrant in relation to an

investigation area temporarily cease its execution and leave the

investigation area.

(2) The inspector, and persons assisting, may complete the execution

of the warrant if:

(a) the warrant is still in force; and

Part 4

Compliance and enforcement

Division 3

Investigation

Section 57

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(b) the inspector and persons assisting are absent from the

investigation area:

(i) for not more than 1 hour; or

(ii) if there is an emergency situation, for not more than 12

hours or such longer period as allowed by an issuing

officer under subsection (5); or

(iii) for a longer period if a relevant person in relation to the

investigation area consents in writing.

Application for extension in emergency situation

(3) An inspector, or person assisting, may apply to an issuing officer

for an extension of the 12-hour period mentioned in

subparagraph (2)(b)(ii) if:

(a) there is an emergency situation; and

(b) the inspector or person assisting reasonably believes that the

inspector and the persons assisting will not be able to return

to the investigation area within that period.

(4) If it is practicable to do so, before making the application, the

inspector or person assisting must give notice to a relevant person

in relation to the investigation area of the intention to apply for an

extension.

Extension in emergency situation

(5) An issuing officer may extend the period during which the

inspector and persons assisting may be away from the investigation

area if:

(a) an application is made under subsection (3); and

(b) the issuing officer is satisfied, by information on oath or

affirmation, that there are exceptional circumstances that

justify the extension; and

warrant ceases to be in force.

Compliance and enforcement

Part 4

Investigation

Division 3

Section 58

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

58 Completing execution of warrant stopped by court order

An inspector, and any persons assisting, may complete the

execution of a warrant that has been stopped by an order of a court

if:

(a) the order is later revoked or reversed on appeal; and

(b) the warrant is still in force when the order is revoked or

reversed.

59 Using force in executing a warrant

In executing an investigation warrant, an inspector may use such

force against things as is necessary and reasonable in the

circumstances.

Note:

Persons assisting an inspector in exercising powers under this

Division may also use such force against things (see

subsection 88(3)).

60 Entering certain premises for access to investigation area

(1) An inspector may enter any premises (other than premises used as

a residence) to gain access to an investigation area for the purposes

of section 47.

(2) Subsection (1) does not authorise an inspector to enter premises

unless the inspector has shown the inspector's identity card if

required by the occupier of the premises.

(3) However, an inspector is not required to comply with

subsection (2) if the inspector reasonably believes that immediate

entry to the premises is required to ensure the safety of an

individual.

(4) If:

(a) an inspector does not comply with subsection (2) because of

subsection (3); and

(b) the occupier of the premises is present at the premises;

the inspector must show the inspector's identity card to the

occupier as soon as practicable after entering the premises.

Part 4

Compliance and enforcement

Division 3

Investigation

Section 61

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(5) To avoid doubt, an inspector may not enter premises under this

section if the premises is an investigation area.

Subdivision C

Rights of relevant person in relation to

investigation area

61 Right to observe execution of warrant

(1) A relevant person in relation to an investigation area to which an

investigation warrant relates is entitled to observe the execution of

the investigation warrant if the relevant person is present in the

investigation area while the warrant is being executed.

(2) The right to observe the execution of the warrant ceases if the

relevant person impedes that execution.

(3) This section does not prevent the execution of the warrant in 2 or

more areas of the investigation area at the same time.

Subdivision D

General provisions relating to seizure

62 Copies of seized things to be provided

(1) This section applies if:

(a) an investigation warrant is being executed in relation to an

investigation area; and

(b) an inspector seizes one or more of the following from the

investigation area under this Division:

(i) a document, film, computer file or other thing that can

be readily copied;

(ii) a storage device, the information in which can be

readily copied.

(2) A relevant person in relation to the investigation area may request

the inspector to give a copy of the thing or the information to the

person.

(3) The inspector must comply with the request as soon as practicable

after the seizure.

Compliance and enforcement

Part 4

Investigation

Division 3

Section 63

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(4) However, the inspector is not required to comply with the request

if possession of the document, film, computer file, thing or

information by the relevant person in relation to the investigation

area could constitute an offence against a law of the

Commonwealth.

63 Receipts for seized things

(1) An inspector must provide a receipt for a thing that is seized under

this Division.

(2) One receipt may cover 2 or more things seized.

64 Return of seized things

(1) An inspector

must take reasonable steps to return a thing seized

under this Division when the earliest of the following happens:

(a) the reason for th

e thing's seizure no longer exists;

(b) it is decided that the thing is not to be used in evidence;

(c)

the period of 60 days after the thing's seizure ends.

Note:

Taking reasonable steps to return a thing to a person may include

advising the person that the thing can be collected by the person.

Exceptions

(2) Subsection (1):

(a) is subject to any contrary order of a court; and

(b) does not apply if the thing:

(i) is forfeited or forfeitable to the Commonwealth; or

(ii) is the subject of a dispute as to ownership.

(3) An inspector

is not required to take reasonable steps to return a

thing because of paragraph (1)(c) if:

(a) proceedings in respect of which the thing may afford

evidence were instituted before the end of the 60 days and

those proceedings (and any appeal from those proceedings)

have not been completed; or

(b) the thing may continue to be retained because of an order

under section 65; or

Part 4

Compliance and enforcement

Division 3

Investigation

Section 65

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

an inspector is otherwise authorised (by a law, or an order of

a court, of the Commonwealth or of a State or Territory) to

retain, destroy, dispose of or otherwise deal with the thing.

Return of thing

(4) A thing that is required to be returned under this section must be

returned to the person from whom it was seized (or to the owner if

that person is not entitled to possess it).

65 Issuing officer may permit a seized thing to be retained

(1) An inspector

may apply to an issuing officer for an order

permitting the retention of a thing seized under this Division for a

further period if proceedings in respect of which the thing may

afford evidence have not commenced before the end of:

(a) 60 days after the seizure; or

(b) a period previously specified in an order of an issuing officer

under this section.

(2) Before making the application, the inspector must:

(a) take reasonable steps to discover who has an interest in the

retention of the thing; and

(b) if it is practicable to do so, notify each person whom the

inspector believes to have such an interest of the proposed

application.

(3) Any person notified under paragraph (2)(b) is entitled to be heard

in relation to the application.

Order to retain thing

(4) The issuing officer may order that the thing may continue to be

retained for a period specified in the order if the issuing officer is

satisfied that it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation as to whether an offence

provision, or a civil penalty provision, of this Act

has been

contravened; or

Compliance and enforcement

Part 4

Investigation

Division 3

Section 66

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(b) to enable evidence of a contravention mentioned in

paragraph (a) to be secured for the purposes of a prosecution

or an action to obtain a civil penalty order.

(5) The period specified must not exceed 3 years.

66 Disposal of things seized

(1) An inspector may dispose of a thing seized under this Division if:

(a) the inspector has taken reasonable steps to return the thing to

a person; and

(b) either:

(i) the inspector has been unable to locate the person; or

(ii) the inspector has contacted the person but the person

has refused to take possession of the thing or has not

taken possession of it within 3 months after the contact

was made.

(2) The inspector may dispose of the thing in such manner as the

inspector thinks appropriate.

67 Compensation for acquisition of property

(1) If the operation of section 66 would result in an acquisition of

property (within the meaning of paragraph 51(xxxi) of the

Constitution) from a person other than the Commonwealth and

otherwise than on just terms (within the meaning of that

paragraph), the Commonwealth is liable to pay a reasonable

amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Federal Circuit and Family Court of Australia

(Division 2); or

for the recovery from the Commonwealth of such reasonable

amount of compensation as the court determines.

Part 4

Compliance and enforcement

Division 3

Investigation

Section 68

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Subdivision E

Investigation warrants

68 Investigation warrants

Application for warrant

(1) An inspector

may apply to an issuing officer for a warrant under

this section in relation to an investigation area.

Issue of warrant

(2) The issuing officer may issue the warrant if the issuing officer is

satisfied, by information on oath or affirmation, that there are

reasonable grounds for suspecting that there is, or there may be

within the next 72 hours, evidential material in the investigation

area.

(3) However, the issuing officer must not issue the warrant unless the

inspector

or some other person has given to the issuing officer,

either orally or by affidavit, such further information (if any) as the

issuing officer requires concerning the grounds on which the issue

of the warrant is being sought.

Content of warrant

(4) The warrant must:

(a) state the offence provision or offence provisions, or civil

penalty provision or civil penalty provisions, of this Act to

which the warrant relates; and

(b) describe the investigation area to which the warrant relates;

and

(d) specify the kinds of evidential material to be searched for

under the warrant; and

(e) state that evidential material of the kind specified may be

seized under the warrant; and

(f) state that the person executing the warrant may seize any

other thing found in the course of executing the warrant if the

Compliance and enforcement

Part 4

Investigation

Division 3

Section 69

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

person reasonably believes that the thing is evidential

material of a kind not specified in the warrant; and

(g) name one or more inspectors; and

(h) authorise the inspectors named in the warrant:

(i) to enter the investigation area; and

(ii) to exercise the powers set out in this Division in relation

to the investigation area; and

(i) state whether entry is authorised to be made at any time of

the day or during specified hours of the day; and

(j) specify the day (not more than 1 week after the issue of the

warrant) on which the warrant ceases to be in force.

69 Investigation warrants by telephone, fax etc.

Application for warrant

(1) An inspector

may apply to an issuing officer by telephone, fax or

other electronic means for a warrant under section 68 in relation to

an investigation area:

(a) in an urgent case; or

(b) if the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(2) The issuing officer:

(a) may require communication by voice to the extent that it is

practicable in the circumstances; and

(b) may make a recording of the whole or any part of any such

communication by voice.

(3) Before applying for the warrant, the inspector

must prepare an

information of the kind mentioned in subsection 68(2) in relation to

the investigation area that sets out the grounds on which the

warrant is sought. If it is necessary to do so, the inspector

may

apply for the warrant before the information is sworn or affirmed.

Issuing officer may complete and sign warrant

(4) The issuing officer may complete and sign the same warrant that

would have been issued under section 68 if, after considering the

Part 4

Compliance and enforcement

Division 3

Investigation

Section 69

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

terms of the information and receiving such further information (if

any) that the issuing officer requires, the issuing officer is satisfied

that:

(a) the warrant should be issued urgently; or

(b) the delay that would occur if an application were made in

person would frustrate the effective execution of the warrant.

(5) After completing and signing the warrant, the issuing officer must

inform the inspector,

by telephone, fax or other electronic means,

of:

(a) the terms of the warrant; and

(b) the day on which, and the time at which, the warrant was

signed.

Obligations on inspector

(6) The inspector

must then do the following:

(a) complete a form of warrant in the same terms as the warrant

completed and signed by the issuing officer;

(b) state on the form the following:

(i) the name of the issuing officer;

(ii) the day on which, and the time at which, the warrant

was signed;

(i) the form of warrant completed by the

inspector;

(ii) the information referred to in subsection (3), which

must have been duly sworn or affirmed.

(7) The inspector must comply with paragraph (6)(c) by the end of the

day after the earlier of the following:

(a) the day on which the warrant ceases to be in force;

(b) the day on which the warrant is executed.

Issuing officer to attach documents together

(8) The issuing officer must attach the documents provided under

paragraph (6)(c) to the warrant signed by the issuing officer.

Compliance and enforcement

Part 4

Investigation

Division 3

Section 70

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

70 Authority of warrant

(1) A form of warrant duly completed under subsection 69(6) is

authority for the same powers as are authorised by the warrant

signed by the issuing officer under subsection 69(4).

(2) In any proceedings, a court is to assume (unless the contrary is

proved) that an exercise of power was not authorised by a warrant

under section 69 if:

(a) it is material, in those proceedings, for the court to be

satisfied that the exercise of power was authorised by that

section; and

(b) the warrant signed by the issuing officer authorising the

exercise of the power is not produced in evidence.

71 Offence relating to warrants by telephone, fax etc.

An inspector must not:

(a) state in a document that purports to be a form of warrant

under section 69 the name of an issuing officer unless that

issuing officer signed the warrant; or

(b) state on a form of warrant under that section a matter that, to

the inspector's knowledge, departs in a material particular

from the terms of the warrant signed by the issuing officer

under that section; or

that purports to be a form of warrant under that section that

the inspector knows departs in a material particular from the

terms of a warrant signed by an issuing officer under that

section; or

(d) purport to execute, or present to another person, a document

that purports to be a form of warrant under that section if the

inspector knows that no warrant in the terms of the form of

warrant has been completed and signed by an issuing officer;

(e) give to an issuing officer a form of warrant under that section

that is not the form of warrant that the inspector purported to

execute.

Compliance and enforcement

Part 4

Civil penalty provisions

Division 4

Section 72

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Division

4--Civil penalty provisions

72 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Director-General is an authorised applicant in relation to the civil

penalty provisions of this Act.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2);

Application

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act:

(a) applies within and outside Australia; and

(b) extends to the external Territories.

Note:

See sections 129 and 131 in relation to the application of civil

penalties to the Commonwealth.

Part 4

Compliance and enforcement

Division 4

Civil penalty provisions

Section 73

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

73 Requirement for person to assist with applications for civil

penalty orders

(1) A person commits an offence if:

(a) the Director-General requires, in writing, the person to give

all reasonable assistance in connection with an application

for a civil penalty order; and

(b) the person fails to comply with the requirement.

Penalty: 10 penalty units.

(2) A requirement under subsection (1) is not a legislative instrument.

(3) The Director-General may require a person to assist under

subsection (1) only if:

(a) it appears to the Director-General that the person is unlikely

to have:

(i) contravened the civil penalty provision to which the

application relates; or

(ii) committed an offence constituted by the same, or

substantially the same, conduct as the conduct to which

the application relates; and

(b) the Director-General suspects or believes that the person can

give information relevant to the application.

(4) The Director-General cannot require a person to assist under

subsection (1) if the person is or has been a lawyer for the person

suspected of contravening the civil penalty provision to which the

application relates.

(5) A relevant court (within the meaning of 72(3)) may order a person

to comply with a requirement under subsection (1) in a specified

way. Only the Director-General may apply to the court for an order

under this subsection.

(6) For the purposes of this section, it does not matter whether the

application for the civil penalty order has actually been made.

Note:

Subsection (1) does not abrogate or affect the law relating to legal

professional privilege or the privilege against self-incrimination.

Compliance and enforcement

Part 4

Civil penalty provisions

Division 4

Section 74

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

74 Civil double jeopardy

A relevant court (within the meaning of 72(3)) must not make a

civil penalty order against a person for contravention of a civil

penalty provision of this Act if an order has been made against the

person under:

(a) a civil penalty provision of another law of the

Commonwealth; or

(b) a civil penalty provision (however described) of a law of a

State or a Territory;

in relation to conduct that is substantially the same as the conduct

constituting the contravention.

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 75

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

5--Directions, notices and other requirements

Subdivision A

Directions and other notices

75 Inspector may give directions

Giving directions

(1) This section applies if an inspector reasonably believes that:

(a) a person has contravened, is contravening, or is likely to

contravene, a provision (the

relevant provision

) of this Act;

and

(b) it is necessary to exercise powers under this section in order

to protect the health and safety of people or to protect the

environment; and

exercise powers under this section.

(2) The inspector may give the person a direction requiring the person,

within the period specified in the direction, to take such steps as

are reasonable in the circumstances for the person to comply with

the relevant provision.

(3) The direction:

(a) must be in writing; or

(b) if the inspector believes there is an urgent need to protect the

health and safety of people or to protect the environment

may be given orally, but must be confirmed by written notice

given to the person as soon as practicable after being given

orally.

(4) The period specified in the direction under subsection (2) must be

reasonable having regard to the circumstances.

Notification by inspector about steps taken or not taken

(5) The direction ceases to have effect when an inspector notifies the

person that the inspector is satisfied that the person has taken the

steps specified in the direction.

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 76

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(6) If an inspector is satisfied that the person has not taken the steps

specified in the direction, the inspector must inform the person

accordingly.

Strict liability offence

(7) A person commits an offence of strict liability if:

(a) the person is given a direction under subsection (2); and

(b) the person does not take the steps specified in the direction

within the period specified in the direction.

Penalty: 60 penalty units.

Fault-based offence

(8) A person commits an offence if:

(a) the person is given a direction under subsection (2); and

(b) the person engages in conduct that results in the person

failing to take the steps specified in the direction within the

period specified in the direction; and

Penalty: 222 penalty units.

Instruments are not legislative instruments

(9) The following are not legislative instruments:

(a) a direction under subsection (2);

(b) a notification under subsection (5) (if given in writing) of the

matter referred to in that subsection;

person of a matter referred to in that subsection.

76 Inspector to arrange for steps to be taken

(1) If:

(a) a person is given a direction under subsection 75(2); and

(b) the person does not take the steps specified in the direction

within the period specified in the direction;

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 77

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

the inspector may arrange for those steps to be taken.

(2) If the Regulator incurs costs because of arrangements made by the

inspector under subsection (1), the person is liable to pay to the

Regulator

an amount equal to the costs, and the amount may be

recovered by the Regulator as a debt due to the Regulator in:

(a) the Federal Court of Australia; or

(b) the Federal Circuit and Family Court of Australia

(Division 2); or

(3) A reference in subsection (2) to the Regulator is a reference to the

Regulator on behalf of the Commonwealth.

77 Inspector may give improvement notices

Giving improvement notices

(1) An inspector may give a person a notice (an

improvement notice

)

if the inspector reasonably believes that the person:

(a) is contravening, or is likely to contravene, a provision of this

Act; or

(b) has contravened a provision of this Act and is likely to

contravene that provision again.

(2) The improvement notice must be in writing and include the

following:

(a) the date on which the notice is given;

(b) the name of the person to whom the notice is given;

appointed under this Act;

(d) the name and contact details of the inspector;

(e) brief details of the contravention of the provision of this Act

that the inspector believes is occurring or likely to occur,

including the place, date and time (if known) of the

contravention;

(f)

the reasons for the inspector's belief;

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 77

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(g) a statement that the person is required to take the action

necessary to prevent any further contravention, or to prevent

the likely contravention, as the case may be;

(h) the period within which the person is to take the action.

(3) The period specified for the purposes of paragraph (2)(h):

(a) must be reasonable having regard to the circumstances; and

(b) may, before the end of the specified period, be extended, in

writing, by the inspector.

(4) The improvement notice may:

(a) specify action that the person is to take, or is not to take,

during the period specified in the notice (including as

extended under paragraph (3)(b)); and

(b) specify action that may be taken to satisfy an inspector that

adequate action has been taken to prevent any further

contravention, or to prevent the likely contravention, as the

case may be.

Notification by inspector about adequacy of action taken

(5) The improvement notice ceases to have effect when an inspector

notifies the person that the inspector is satisfied that the person has

taken adequate action to prevent any further contravention, or to

prevent the likely contravention, as the case may be.

(6) If an inspector is satisfied that action taken by the person is not

adequate to prevent any further contravention, or to prevent the

likely contravention, as the case may be, the inspector must inform

the person accordingly.

Strict liability offence

(7) A person commits an offence of strict liability if:

(a) the person is given an improvement notice under

subsection (1); and

(b) the person fails to comply with the improvement notice

within the period specified in the notice (including as

extended under paragraph (3)(b)).

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 78

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Penalty: 60 penalty units.

Fault-based offence

(8) A person commits an offence if:

(a) the person is given an improvement notice under

subsection (1); and

(b) the person engages in conduct that results in the person

failing to comply with the improvement notice within the

period specified in the notice (including as extended under

paragraph (3)(b)); and

Penalty: 222 penalty units.

Exception

(9) Subsections (7) and (8) do not apply if the person did not have

control over the matter in relation to which the improvement notice

was not complied with.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (9) (see subsection 13.3(3) of the

Criminal Code

Instruments are not legislative instruments

(10) The following are not legislative instruments:

(a) an improvement notice under subsection (1);

(b) a notification under subsection (5) (if given in writing) of the

matter referred to in that subsection;

person of a matter referred to in that subsection.

78 Inspector may give prohibition notices

Giving prohibition notices

(1) This section applies if an inspector reasonably believes that:

(a) either:

(i) a person is contravening, or is likely to contravene, a

provision of this Act; or

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 78

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(ii) a person has contravened a provision of this Act and is

likely to contravene that provision again; and

(b) either of the following apply:

(i) an activity is occurring in relation to a regulated activity

that involves or will involve a risk to the health and

safety of a person or a serious risk to the environment;

(ii) an activity may occur in relation to a regulated activity

that, if it occurs, will involve a risk to the health and

safety of a person or a serious risk to the environment.

(2) The inspector may give a notice (a

prohibition notice

), in writing,

to either of the following persons (the

notice recipient

(a) a person authorised by a licence to conduct the regulated

activity;

(b) if the regulated activity is being conducted in a monitoring

area or investigation area

a relevant person in relation to the

monitoring area or investigation area.

(3) The prohibition notice must include the following:

(a) the date on which the notice is given;

(b) the name of the notice recipient;

appointed under this Act;

(d) the name and contact details of the inspector;

(e) brief details of the contravention of the provision of this Act

that the inspector believes is occurring or likely to occur,

including the place, date and time (if known) of the

contravention;

(f) details of the activity the inspector believes is occurring, or

may occur, that involves or will involve a risk to the health

and safety of a person or a serious risk to the environment;

(g)

the reasons for the inspector's belief;

(h) one of the following:

(i) a direction that the notice recipient must ensure that the

activity is not engaged in;

(ii) a direction that the notice recipient must ensure that the

activity is not engaged in in a specified manner;

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 78

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(iii) a direction that the notice recipient must ensure that the

activity is engaged in in a specified manner.

(4) The prohibition notice may specify action that may be taken to

satisfy an inspector that adequate action has been taken to:

(a) prevent any further contravention, or to prevent the likely

contravention, as the case may be; and

(b) remove the risk referred to in paragraph (3)(f).

Notification by inspector about adequacy of action taken

(5) The prohibition notice ceases to have effect when an inspector

notifies the notice recipient that the inspector is satisfied that the

notice recipient has taken adequate action to:

(a) prevent any further contravention, or to prevent the likely

contravention, as the case may be; and

(b) remove the risk referred to in paragraph (3)(f).

(6) If an inspector is satisfied that action taken by the notice recipient

is not adequate to:

(a) prevent any further contravention, or to prevent the likely

contravention, as the case may be; or

(b) remove the risk referred to in paragraph (3)(f);

the inspector must inform the notice recipient accordingly.

Strict liability offence

(7) A person commits an offence of strict liability if:

(a) the person is given a prohibition notice under subsection (2);

and

(b) the person fails to comply with the prohibition notice.

Penalty: 60 penalty units.

Fault-based offence

(8) A person commits an offence if:

(a) the person is given a prohibition notice under subsection (2);

and

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 79

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(b) the person engages in conduct that results in the person

failing to comply with the prohibition notice; and

Penalty: Imprisonment for 7 years.

Exception

(9) Subsections (7) and (8) do not apply if the person did not have

control over the matter in relation to which the prohibition notice

was not complied with.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (9) (see subsection 13.3(3) of the

Criminal Code

Instruments are not legislative instruments

(10) The following are not legislative instruments:

(a) a prohibition notice under subsection (2);

(b) a notification under subsection (5) (if given in writing) of the

matter referred to in that subsection;

notice recipient of a matter referred to in that subsection.

79 Copy of direction or notice to be displayed

(1) If a person is given:

(a) a direction under section 75; or

(b) an improvement notice; or

the person must cause a copy of the direction or notice to be

displayed in a prominent place until the direction or notice ceases

to have effect.

Strict liability offence

(2) A person commits an offence of strict liability if:

(a) the person is given a direction or notice referred to in

paragraph (1)(a), (b) or (c); and

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 80

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(b) the person fails to display a copy of the direction or notice in

accordance with subsection (1).

Penalty for contravention of this subsection: 10 penalty units.

80 Offence for tampering with or removing a direction or notice

A person commits an offence of strict liability if the person:

(a) tampers with a copy of a direction or notice while it is

displayed under section 79; or

(b) removes a copy of a direction or notice that has been

displayed under section 79 before the direction or notice has

ceased to have effect.

Penalty: 60 penalty units.

Subdivision B

Other requirements and offences

81 Requirement to facilitate entry to Australian submarine

Requirement to facilitate entry

(1) An inspector may require a person to take reasonable steps to

facilitate the inspector:

(a) entering a monitoring area under section 40 that is an

Australian submarine; or

(b) entering an investigation area under section 47 that is an

Australian submarine.

Note:

A reference in this Part to entering a monitoring area or an

investigation area includes a reference to boarding an Australian

submarine (see section 93).

(2) To avoid doubt, subsection (1) applies regardless of whether the

Australian submarine is stationary or underway.

(3) For the purposes of subsection (1):

(a) the requirement may be made by any reasonable means; and

(b) the requirement is made whether or not the commanding

officer of the submarine understands or is aware of the

requirement.

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 82

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Offence

(4) A person commits an offence of strict liability if:

(a) a requirement is made of the person under subsection (1); and

(b) the person fails to comply with the requirement.

Penalty for contravention of this subsection: 60 penalty units.

82 Power to make requirement of a person

(1) An inspector may, in connection with exercising a power under

Division 2 or 3 in relation to a monitoring area or an investigation

area, make a requirement of a person in the area.

Note:

See section 83 for offences relating to a contravention of a

requirement under this subsection.

(2) Without limiting subsection (1), an inspector may require:

(a) a person in the monitoring area or investigation area

to show,

or demonstrate the operation of, any equipment or machinery

in the monitoring area or investigation area; or

(b) a relevant person in relation to the monitoring area or

investigation area to provide the inspector, or a person

assisting the inspector, with all reasonable facilities and

assistance for the effective exercise of the inspector's powers

or the powers of the person assisting.

(3) This section does not apply to the following:

(a) a requirement to facilitate entry to an Australian submarine

(which is dealt with by section 81);

(b) a requirement to answer a question or produce a document

(which is dealt with by section 84).

83 Offences for contravention of requirement made of a person

Strict liability offence

(1) A person commits an offence of strict liability if:

(a) a requirement is made of a person under subsection 82(1);

and

(b) the person fails to comply with the requirement.

Part 4

Compliance and enforcement

Division 5

Directions, notices and other requirements

Section 84

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Penalty: 60 penalty units.

Fault-based offence

(2) A person commits an offence if:

(a) a requirement is made of the person under subsection 82(1);

and

(b) the person fails to comply with the requirement.

Penalty: 222 penalty units.

84 Asking questions and seeking production of documents

(1) This section applies if an inspector:

(a) enters a monitoring area under section 40; or

(b) enters an investigation area under section 47.

Requirement to answer questions or produce documents

(2) The inspector may require a person in the monitoring area or

investigation area to:

(a) answer any questions; and

(b) produce any document (whether or not the document is in the

area at the time the inspector makes the requirement of the

person);

relating to:

a purpose referred to in

paragraph 40(1)(a), (b) or (c); or

(d) if paragraph (1)(b) applies

evidential material.

(3) Before making a requirement of a person under subsection (2), the

inspector must:

(a)

show the person the inspector's identit

y card; and

(b) explain to the person that failure to comply with the

requirement is an offence under this section; and

Note:

Sections 97 and 98 deal with legal professional privilege, the privilege

against self-incrimination and penalty privilege.

Compliance and enforcement

Part 4

Directions, notices and other requirements

Division 5

Section 85

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Offence

(4) A person commits an offence of strict liability if:

(a) the person is required to answer a question or produce a

document under subsection (2); and

(b) the person fails to answer the question or produce the

document.

Penalty: 60 penalty units.

Exception

(5) Subsection (4) does not apply to a person if:

(a) the person does not possess:

(i) the information required to answer the question; or

(ii) the document; and

(b) the person has taken all reasonable steps available to the

person to obtain the information or document and has been

unable to do so.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (5) (see subsection 13.3(3) of the

Criminal Code

85 Offence for ordering or coercing a person to not answer question

or produce document

A person commits an offence of strict liability if:

(a) another person is required to answer a question or produce a

document under subsection 84(2); and

(b) the first-mentioned person orders or coerces the other person

not to answer the question or produce the document.

Note:

The offence of incitement may also apply (see section 11.4 of the

Criminal Code

Penalty: 60 penalty units.

Part 4

Compliance and enforcement

Division 6

Australian Naval Nuclear Power Safety Inspectors

Section 86

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

6--Australian Naval Nuclear Power Safety

Inspectors

86 Appointment of inspectors

(1) The Director-General may, by written instrument, appoint an

individual to be an Australian Naval Nuclear Power Safety

Inspector (an

inspector

) for the purposes of exercising all, or

specified, powers

of an inspector under this Part.

Note:

An inspector appointed under this section is a member of the

Regulator (see section 101).

(2) An individual must not be appointed as an inspector unless the

Director-General is satisfied that the individual:

(a) has the competence, technical expertise and relevant

experience to properly exercise the powers of an inspector;

and

(b) will be able to properly exercise the powers of an inspector

having regard to the security of naval nuclear propulsion

information.

(3) The instrument of appointment may specify:

(a)

the terms and conditions of the inspector's appointment; and

(b) the powers under this Part that the inspector may exercise.

(4) In exercising powers

as an inspector, an inspector must comply

with any written directions of the Director-General.

Note:

See sections 104 and 120 in relation to the independence of:

(a) the Regulator; and

(b) members of the Regulator who are also members of the

Australian Defence Force.

(5) The Director-General must keep a record of appointments made

under subsection (1).

(6) The following are not legislative instruments:

(a) a direction made under subsection (4);

(b) a record kept under subsection (5).

Compliance and enforcement

Part 4

Australian Naval Nuclear Power Safety Inspectors

Division 6

Section 87

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

87 Identity cards for inspectors

(1) The Director-General must issue an identity card to an inspector.

Note:

As the Director-General is also an inspector, the Director-General

must also have an identity card.

(2) The identity card must:

(a) be in the approved form; and

(b) contain a photograph that is no more than 5 years old of the

inspector.

(3)

An inspector must display the inspector's identity card at all times

when exercising powers

under this Part as an inspector.

Strict liability offence

(4) A person commits an offence of strict liability if:

(a) the person has been issued with an identity card under

subsection (1); and

(b) the person ceases to be an inspector; and

Director-General within 7 days after ceasing to be an

inspector.

Note:

If a person ceases to be the Director-General and, as a result, ceases to

be an inspector, the person will need to return the identity card to the

person next occupying (including acting in) the position of

Director-General.

Penalty: 10 penalty units.

Exception

(5) Subsection (4) does not apply if the identity card was lost or

destroyed.

Note:

A defendant bears an evidential burden in relation to the matter in

subsection (4) (see subsection 13.3(3) of the

Criminal Code

Part 4

Compliance and enforcement

Division 6

Australian Naval Nuclear Power Safety Inspectors

Section 88

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

88 Persons assisting inspectors

Inspectors may be assisted by other persons

(1) An inspector may be assisted by other persons in exercising powers

under this Part, if that assistance is necessary and reasonable. A

person giving such assistance is a

person assisting

the inspector.

Powers of a person assisting

(2) A person assisting the inspector in relation to a monitoring area or

investigation area:

(a) may enter the area; and

(b) may exercise the powers under this Part that the inspector is

appointed to exercise; and

inspector to the person assisting.

(3) In executing an investigation warrant under Division 3, a person

assisting the inspector may use such force against things as is

necessary and reasonable in the circumstances.

(4) A power exercised by a person assisting the inspector as mentioned

in subsection (2) is taken for all purposes to have been exercised

the inspector.

(5) If a direction is given under paragraph (2)(c) in writing, the

direction is not a legislative instrument.

Immunities etc.

(6) To avoid doubt, a person assisting an inspector is covered by

paragraph 121(b) (immunity from criminal and civil proceedings).

89 Offence for false representation as an inspector

A person commits an offence of strict liability if:

(a) the person makes a representation that the person is an

inspector; and

(b) the representation is false.

Compliance and enforcement

Part 4

Australian Naval Nuclear Power Safety Inspectors

Division 6

Section 90

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Note:

The offence of impersonation of an official by a non-official, or the

offence of impersonation of an official by another official, may also

apply (see sections 148.1 and 148.2 of the

Criminal Code

Penalty: 60 penalty units.

90 Offence for impersonating an inspector

A person commits an offence of strict liability if the person

impersonates another person in that other person's capacity as an

inspector.

Note:

The offence of impersonation of an official by a non-official, or the

offence of impersonation of an official by another official, may also

apply (see sections 148.1 and 148.2 of the

Criminal Code

Penalty: 60 penalty units.

91 Offence for o

bstructing, hindering, intimidating or resisting an

inspector

A person commits an offence of strict liability if the person

obstructs, hinders, intimidates or resists:

(a)

an inspector in the exercise of the inspector's powers under

this Part; or

(b) a person assisting an inspector in the exercise of the powers

of the person assisting.

Note:

The offence of obstructing a Commonwealth public official may also

apply (see section 149.1 of the

Criminal Code

Penalty: 60 penalty units.

92 Inspector to have regard to nuclear safety and security

In exercising powers, or considering whether to exercise powers,

under this Part, an inspector must have regard to nuclear safety and

security.

Part 4

Compliance and enforcement

Division 7

Other matters relating to compliance and enforcement

Section 93

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

7--Other matters relating to compliance and

enforcement

93 References to entering monitoring area or investigation area

A reference in this Part to entering a monitoring area or an

investigation area includes a reference to the following:

(a) accessing the area;

(b) if the area is an Australian submarine or another vessel

boarding the submarine or vessel.

94 References to equipment

A reference in this Part to equipment includes a reference to the

following:

(a) electronic equipment;

(b) NNP equipment or plant.

95 Issuing officers

(1) A Judge of any of the following courts is an

issuing officer

for the

purposes of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit and Family Court of Australia

(Division 2);

(2) A power conferred on an issuing officer by this Part is conferred on

the issuing officer:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

(3) The issuing officer need not accept the power conferred.

(4) An issuing officer exercising a power conferred by this Part has the

same protection and immunity as if the issuing officer were

exercising the power:

(a) as the court of which the issuing officer is a member; or

Compliance and enforcement

Part 4

Other matters relating to compliance and enforcement

Division 7

Section 96

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

(b) as a member of the court of which the issuing officer is a

member.

96 Compensation for damage to equipment

(1) This section applies if:

(a) as a result of equipment being operated as mentioned in

Division 2 or 3 in relation to a monitoring area or

investigation area:

(i) damage is caused to the equipment; or

(ii) any data recorded on the equipment is damaged

(including by erasure of data or addition of other data);

(iii) any programs associated with the use of the equipment,

or with the use of any data, are damaged or corrupted;

and

(b) the damage or corruption occurs because:

(i) insufficient care was exercised in selecting the person

who was to operate the equipment; or

(ii) insufficient care was exercised by the person operating

the equipment; and

programs, is not the Commonwealth.

(2) The Commonwealth must pay the owner of the equipment, or the

user of the data or programs, such reasonable compensation for the

damage or corruption as the Commonwealth and the owner or user

agree on.

(3) However, if the owner or user and the Commonwealth fail to

agree, the owner or user may institute proceedings in:

(a) the Federal Court of Australia; or

(b) the Federal Circuit and Family Court of Australia

(Division 2); or

for such reasonable amount of compensation as the court

determines.

Part 4

Compliance and enforcement

Division 7

Other matters relating to compliance and enforcement

Section 97

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(4) In determining the amount of compensation payable, regard is to

be had to whether any relevant persons in relation to the

monitoring area or investigation area, if they were available at the

time, provided any appropriate warning or guidance on the

operation of the equipment.

97 Legal professional privilege

(1) Nothing in this Part affects the right of a person to refuse to answer

a question, give information or produce a document, on the ground

that:

(a) the answer to the question or the information would be

privileged from being given on the ground of legal

professional privilege; or

(b) the document would be privileged from being produced on

the ground of legal professional privilege.

(2) The fact that this section is included in this Part does not imply that

legal professional privilege is abrogated in any other Act.

98 Privilege against self-incrimination and penalty privilege

(1) An individual is not excused from answering a question, giving

information or producing a document under this Part on the ground

that doing so might tend to incriminate the individual in relation to

an offence.

Note:

A body corporate is not entitled to claim the privilege against

self-incrimination.

(2) However:

(a) the answer or information given or document produced; and

(b) the giving of the answer or information or the production of

the document; and

indirect consequence of the giving of the answer or

information or the production of the document;

is not admissible in evidence against the individual in criminal

proceedings, other than proceedings for an offence against

Compliance and enforcement

Part 4

Other matters relating to compliance and enforcement

Division 7

Section 98

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

section 137.1 or 137.2 of the

Criminal Code

that relates to this

Part.

(3) If, at general law, an individual would otherwise be able to claim

the privilege against self-exposure to a penalty (other than a

penalty for an offence) in relation to answering a question, giving

information or producing a document, under this Part, the

individual is not excused from answering the question or producing

the document under this Part on that ground.

Note:

A body corporate is not entitled to claim the privilege against

self-exposure to a penalty.

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 1

Simplified outline of this Part

Section 99

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Part

5--The Australian Naval Nuclear Power

Safety Regulator

Division

1--Simplified outline of this Part

99 Simplified outline of this Part

This Part establishes the Australian Naval Nuclear Power Safety

Regulator.

The Regulator has various functions relating to regulated activities,

such as monitoring that persons are conducting regulated activities

in compliance with this Act and taking action if they are not (see

section 102 for a full list of functions).

The Regulator consists of the Director-General, the Deputy

Director-General, the staff, other persons assisting the Regulator,

and the inspectors. These people are members of the Regulator and

they assist the Regulator in the performance of its functions.

The Director-General is the head of the Regulator and is

responsible for its administration and performance of functions

(see section 107 for the Director-

General's functions)

The Australian Naval Nuclear Power Safety Regulator

Part 5

The Regulator

Division 2

Section 100

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Division

2--The Regulator

100 Establishment of the Regulator

(1) The Australian Naval Nuclear Power Safety Regulator is

established.

(2) For the purposes of the finance law (within the meaning of the

Public Governance, Performance and Accountability Act 2013

(a) the Regulator is a listed entity; and

(b) the Director-General is the accountable authority of the

Regulator; and

paragraph 119(1)(d), are officials of the Regulator; and

(d) the purposes of the Regulator include:

(i) the functions of the Regulator referred to in section 102;

and

(ii) the functions of the Director-General referred to in

section 107; and

(iii) the functions of inspectors under Part 4.

101 Composition of the Regulator

(1) The Regulator consists of:

(a) the Director-General; and

(b) the Deputy Director-General; and

(d) persons whose services are made available under section 119;

and

(e) the inspectors.

(2) Each of the persons referred to in subsection (1) is a

member

of the

Regulator.

102 Functions of the Regulator

(1) The Regulator has the following functions:

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 2

The Regulator

Section 103

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(a) to promote nuclear safety in relation to regulated activities;

(b) to promote, monitor and enforce compliance with this Act;

or any other Commonwealth law;

(d) to do anything incidental or conducive to the performance of

any of the above functions.

Paragraphs (a) to (d) do not limit each other.

Note:

For the purposes of paragraph (c), an example of a function conferred

on the Regulator under this Act is the function of consulting and

cooperating with others (see section 103).

(2) The Regulator has power to do all things necessary or convenient

to be done for or in connection with the performance of the

Regulator's functions.

103 The Regulator may consult or cooperate with others

(1) The Regulator may consult or cooperate with any person or body

(whether inside or outside Australia) if it is necessary for, or

conducive to, the performance of the Regulator's functions.

(2) The Regulator may consult or cooperate with any of the following

bodies (whether inside or outside Australia):

(a) a Commonwealth entity or Commonwealth company;

(b) a government body, or authority, of a foreign country;

international organisation;

if it is necessary for, or conducive to, the performance of that

body's functions.

104 Independence of the Regulator

Subject to this Act and any other laws of the Commonwealth, the

Regulator:

(a) has complete discretion in the performance of its functions

under this Act; and

(b) is not subject to direction by any person in relation to the

performance of those functions.

The Australian Naval Nuclear Power Safety Regulator

Part 5

The Regulator

Division 2

Section 105

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Note:

The Minister may give directions to the Regulator in limited

circumstances (see section 105).

105 Ministerial directions to the Regulator

(1) If the Minister is satisfied that it is necessary to do so in the

interests of national security and to deal with an emergency, the

Minister may give directions of a specific nature to the Regulator

about the performance of the Regulator's functions under this Act.

(2) The Regulator must comply with a direction under subsection (1).

(3) A direction under subsection (1) must be given to the

Director-General on behalf of the Regulator.

(4) A direction under subsection (1) need not be in writing. If it is not

in writing, then the Minister and the Director-General must each,

as soon as practicable:

(a) make a written record of it; and

(b) sign the record; and

cause the record to be given to the

Director-General.

However, a failure to comply with paragraph (b) or (c) does not

affect the validity of the direction.

(5) If the Minister gives a direction under subsection (1), the Minister

must table, in each House of the Parliament, a statement that a

direction under this section was given to the Regulator.

(6) A statement under subsection (5) must be tabled:

(a) if practicable

within 28 calendar days after the day the

Minister gives the direction; or

(b) otherwise

on the next sitting day of that House after the end

of that period.

(7) The following are not legislative instruments:

(a) a direction under subsection (1);

(b) a statement under subsection (5).

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 3

The Director-General and the Deputy Director-General

Section 106

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

3--The Director

General and the Deputy

Director

General

Subdivision A

The Director-General

106 The Director-General

There is to be a Director-General of the Australian Naval Nuclear

Power Safety Regulator.

Note:

For provisions relating to the Director-

General's appointment, see

sections 109 to 117.

107 Functions of the Director-General

(1) The functions of the Director-General are:

(a) to manage the administration of the Regulator; and

(b) to ensure the proper, efficient and effective performance of

the Regulator's functions; and

by the Regulator in the performance of its functions; and

(d) to ensure that the Regulator complies with any directions

given by the Minister under subsection 105(1); and

(e)

to ensure that the Regulator's functions are performed having

regard to the security of naval nuclear propulsion

information; and

(f) any other functions conferred on the Director-General under

this Act or any other Commonwealth law; and

(g) to do anything incidental or conducive to the performance of

any of the above functions.

Paragraphs (a) to (g) do not limit each other.

Note:

For the purposes of paragraph (f), an example of a function conferred

on the Director-General under this Act is the function of appointing

inspectors (see section 86).

(2) The Director-General has power to do all things necessary or

convenient to be done for or in connection with the performance of

the Director-

General's functions.

The Australian Naval Nuclear Power Safety Regulator

Part 5

The Director-General and the Deputy Director-General

Division 3

Section 108

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

Subdivision B

The Deputy Director-General

108 The Deputy Director-General

There is to be a Deputy Director-General of the Australian Naval

Nuclear Power Safety Regulator.

Note:

For provisions relating to the Deputy Director-

General's appointment,

see sections 109 to 117.

Subdivision C

Appointment of the Director-General and the

Deputy Director-General

109 Appointment

Appointment by the Governor-General

(1) The Director-General and Deputy Director-General are to be

appointed by the Governor-General, by written instrument, on the

nomination of the Minister.

Qualification for appointment

(2) A person must not be appointed as the Director-General or Deputy

Director-General unless the Minister is satisfied that the person has

the competence, independence, technical expertise and relevant

experience to properly discharge the functions of the office.

(3) A person must not be appointed as the Director-General or Deputy

Director-General if the person is a member of the Australian

Defence Force.

Basis of appointment

(4) The Director-General and Deputy Director-General are to be

appointed on a full-time basis.

Period of appointment

(5) The Director-General and Deputy Director-General hold office for

the period specified in the instrument of appointment. The period

must not exceed 5 years.

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 3

The Director-General and the Deputy Director-General

Section 110

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(6) The Director-General and Deputy Director-General may be

reappointed for a further period or periods.

(7) However, the Director-General must not hold office as

Director-General for a total of more than 10 years.

110 Acting appointments

Acting Director-General

(1) The Deputy Director-General must act as the Director-General:

(a) during a vacancy in the office of the Director-General

(whether or not an appointment has previously been made to

the office); or

(b) during any period, or during all periods, when the

Director-General:

(i) is absent from duty; or

(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to persons acting as the Director-General, see

sections 33AB and 33A of the

Acts Interpretation Act 1901

Acting Deputy Director-General

(2) The Minister may, by written instrument, appoint a person to act as

the Deputy Director-General:

(a) during a vacancy in the office of the Deputy Director-General

(whether or not an appointment has previously been made to

the office); or

(b) during any period, or during all periods, when the Deputy

Director-General:

(i) is absent from duty; or

(ii) is, for any reason, unable to perform the duties of the

office.

Note:

For rules that apply to acting appointments, see sections 33AB and

33A of the

Acts Interpretation Act 1901

The Australian Naval Nuclear Power Safety Regulator

Part 5

The Director-General and the Deputy Director-General

Division 3

Section 111

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

111 Terms and conditions

The Director-General and Deputy Director-General hold office on

the terms and conditions (if any) in relation to matters not covered

by this Act that are determined in writing by the

Governor-General.

112 Remuneration and allowances

(1) The Director-General and Deputy Director-General are to be paid

the remuneration that is determined by the Remuneration Tribunal.

If no determination of that remuneration by the Tribunal is in

operation, the Director-General and Deputy Director-General are to

be paid the remuneration that is prescribed by the regulations.

(2) The Director-General and Deputy Director-General are to be paid

the allowances (if any) that are prescribed by the regulations.

(3) This section has effect subject to the

Remuneration Tribunal Act

1973

113 Leave of absence

(1) The Director-General and Deputy Director-General have the

recreation leave entitlements that are determined by the

Remuneration Tribunal.

(2) The Minister may grant the Director-General and Deputy

Director-General leave of absence, other than recreation leave, on

the terms and conditions as to remuneration or otherwise that the

Minister determines.

114 Other paid or unpaid work or activities

Paid work

(1) The Director-General and Deputy Director-General must not

engage in paid work outside the duties of their office without the

Minist

er's approval.

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 3

The Director-General and the Deputy Director-General

Section 115

100

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(2)

Paid work

means work for financial gain or reward (whether as an

employee, a self-employed person or otherwise).

Unpaid work and other activities

(3) The Director-General and Deputy Director-General must not

engage in unpaid work, or other activity, outside the duties of their

office that conflicts, or could conflict, with the proper performance

of their functions without the Minister's approval.

115 Disclosure of interests

(1) A disclosure by the Director-General or Deputy Director-General

under section 29 of the

Public Governance, Performance and

Accountability Act 2013

(which deals with the duty to disclose

interests) must be made to the Minister.

(2) Subsection (1) applies in addition to any rules made under the

Public Governance, Performance and Accountability Act 2013

for

the purposes of that section.

(3) For the purposes of this Act and the

Public Governance,

Performance and Accountability Act 2013

, the Director-General or

Deputy Director-General is taken not to have complied with

section 29 of that Act if the Director-General or Deputy

Director-General does not comply with subsection (1) of this

section.

116 Resignation

(1) The Director-General and Deputy Director-General may resign

their appointment by giving the Governor-General a written

resignation.

(2) The resignation takes effect on the day it is received by the

Governor-General or, if a later day is specified in the resignation,

on that later day.

The Australian Naval Nuclear Power Safety Regulator

Part 5

The Director-General and the Deputy Director-General

Division 3

Section 117

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

101

117 Termination of appointment

(1) The Governor-General may terminate the appointment of the

Director-General or Deputy Director-General (the

relevant

person

(a) for misbehaviour; or

(b) if the relevant person is unable to perform the duties of the

relevant person's office because of physical or mental

incapacity.

(2) The Governor-General must terminate the appointment of the

relevant person if:

(a) the relevant person:

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with the rel

evant person's creditors; or

(iv)

makes an assignment of the relevant person's

remuneration for the benefit of the relevant person's

creditors; or

(v) is absent from duty, except on leave, for 14 consecutive

days or for 28 days in any period of 12 months; or

(b) the relevant person fails to comply with subsection 114(1)

(which deals with engaging in outside paid work without the

Minister's approval); or

comply with section 29 of the

Public Governance,

Performance and Accountability Act 2013

(which deals with

the duty to disclose interests) or rules made under that Act

for the purposes of that section.

(3) The Governor-General may terminate the appointment of the

relevant person if the relevant person fails to comply with

subsection 114(3) (which deals with engaging in outside unpaid

work or other activity without the Minister's approval).

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 4

Other members of the Regulator

Section 118

102

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

4--Other members of the Regulator

118 Staff

(1) The staff of the Regulator must be persons engaged under the

Public Service Act 1999

(2) For the purposes of the

Public Service Act 1999

(a) the Director-General and the APS employees assisting the

Director-General together constitute a Statutory Agency; and

(b) the Director-General is the Head of that Statutory Agency.

119 Persons assisting the Regulator

(1) The Regulator may be assisted by:

(a) members of the Australian Defence Force whose services are

made available to the Regulator in connection with the

performance of any of the Regulator's f

unctions; and

(b) members or special members of the Australian Federal Police

(within the meaning of the

Australian Federal Police Act

1979

) whose services are made available to the Regulator in

connection with the performance of any of the Regulator's

functions; and

Commonwealth company, whose services are made available

to the Regulator in connection with the performance of any

of the Regulator's functions; and

(d) persons whose services are made available under

arrangements made under subsection (2).

(2) The Director-General may, on behalf of the Commonwealth, make

an arrangement with the appropriate authority or officer of:

(a) a government body, or an authority, of a State or Territory; or

(b) a government body, or an authority, of a foreign country; or

under which the government body, authority or organisation makes

officers or employees available to the Regulator to perform

The Australian Naval Nuclear Power Safety Regulator

Part 5

Other members of the Regulator

Division 4

Section 119

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

103

services in connection with the performance of any of the

Regulator's functions.

(3) An arrangement under subsection (2) may provide for the

Commonwealth to reimburse a State, Territory, foreign country or

organisation with respect to the services of a person to whom the

arrangement relates.

(4) When performing services for the Regulator under this section, a

person is subject to the directions of the Director-General.

Part 5

The Australian Naval Nuclear Power Safety Regulator

Division 5

Independence and immunities of members of the Regulator

Section 120

104

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

5--Independence and immunities of members of

the Regulator

120 Independence from ADF chain of command

(1) This section applies if:

(a) a member of the Regulator is also a member of the Australian

Defence Force; and

(b) by reason of being a member of the Australian Defence

Force, the member would, apart from this section, be subject

to the command, direction or instruction (an

ADF command

)

given by another person in connection with the Australian

Defence Force.

(2) The member is not subject to any ADF command in relation to the

performance of the member's functions under this Act.

Note:

This section will not apply to the Director-General or Deputy

Director-General because they cannot be members of the Australian

Defence Force (see subsection 109(3)).

121 Immunity from criminal and civil proceedings

None of the following is liable to an action, suit or proceeding,

whether civil or criminal, for or in relation to an act done, or

omitted to be done, in good faith in the performance, or the

purported performance, of a function under this Act:

(a) a member of the Regulator;

(b) any other person acting under the direction or authority of a

member of the Regulator.

The Australian Naval Nuclear Power Safety Regulator

Part 5

Reporting

Division 6

Section 122

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

105

Division

6--Reporting

122 Annual report

The annual report prepared for the Regulator and given to the

Minister under section 46 of the

Public Governance, Performance

and Accountability Act 2013

for a reporting period must also

include any matter prescribed by the regulations.

123 Reporting to the Minister

(1) The Director-General must give the Minister a report in relation to

any matter prescribed by the regulations for a period prescribed by

the regulations.

Note:

The Director-General is also under a duty to keep the Minister

informed about certain matters (see section 19 of the

Public

Governance, Performance and Accountability Act 2013

(2) Subsection (1) is subject to any Commonwealth law that prohibits

disclosure of particular information.

Part 6

Other matters

Division 1

Simplified outline of this Part

Section 124

106

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Part

6--Other matters

Division

1--Simplified outline of this Part

124 Simplified outline of this Part

This Part deals with a collection of miscellaneous matters, such as:

(a) the application of this Act outside Australia; and

(b) the liability of the Commonwealth to be prosecuted for

an offence against this Act or to be subject to

proceedings for contravening a civil penalty provision;

and

Australian

Radiation Protection and Nuclear Safety Act 1998

, the

Nuclear Non-Proliferation (Safeguards) Act 1987

and

workplace health and safety laws; and

(d) the interaction between this Act and State and Territory

laws, and international agreements etc.; and

(e) the delegations, regulations and other instruments that

can be made under this Act.

Other matters

Part 6

Application of this Act

Division 2

Section 125

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

107

Division

2--Application of this Act

Subdivision A

General

125 Extraterritorial application

This Act applies within and outside Australia.

126 Extension to external Territories

This Act extends to the external Territories.

Subdivision B

Application of this Act to the Crown in right of

the Commonwealth

127 This Act binds the Crown

(1) This Act binds the Crown in right of the Commonwealth.

However, it does not bind the Crown in right of a State, of the

Australian Capital Territory, or of the Northern Territory.

(2) The Crown in right of the Commonwealth is liable:

(a) to be prosecuted for an offence against this Act; or

(b) to be subject to civil proceedings for a contravention of a

civil penalty provision of this Act.

128 Offences and the Commonwealth

(1) If the Commonwealth commits an offence against this Act, the

penalty to be imposed on the Commonwealth is the penalty

applicable to a body corporate.

(2) For the purposes of this Act, any conduct engaged in on behalf of

the Commonwealth by a person who is an employee, agent or

officer of the Commonwealth acting within the actual or apparent

scope of

the person's

employment or authority, is conduct also

engaged in by the Commonwealth.

Part 6

Other matters

Division 2

Application of this Act

Section 129

108

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(3) If an offence against this Act requires proof of knowledge,

intention or recklessness, it is sufficient in proceedings against the

Commonwealth for that offence to prove that the person referred to

in subsection (2) had the relevant knowledge, intention or

recklessness.

(4) If mistake of fact is relevant to determining liability for an offence

against this Act, it is sufficient in proceedings against the

Commonwealth for that offence if the person referred to in

subsection (2) made that mistake of fact.

129 Civil penalty provisions and the Commonwealth

(1) If the Commonwealth contravenes a civil penalty provision of this

Act, the monetary penalty to be imposed on the Commonwealth is

the penalty applicable to a body corporate.

(2) For the purposes of a civil penalty provision, any conduct engaged

in on behalf of the Commonwealth by a person who is an

employee, agent or officer of the Commonwealth acting within the

actual or apparent scope of

the person's

employment or authority,

is conduct also engaged in by the Commonwealth.

130 Representative for the Commonwealth in proceedings

(1) If proceedings are brought against the Commonwealth for an

offence or contravention of a civil penalty provision of this Act, the

Minister may be specified in any document initiating, or relating

to, the proceedings.

(2) The Minister in relation to an offence or civil penalty provision is

entitled to act in proceedings against the Commonwealth for the

offence or provision and, subject to any relevant rules of court, the

procedural rights and obligations of the Commonwealth as the

accused or defendant in the proceedings are conferred or imposed

on the Minister.

131 Liability of the Commonwealth to pay criminal or civil penalties

(1) This section applies if:

Other matters

Part 6

Application of this Act

Division 2

Section 132

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

109

(a) the Commonwealth has committed an offence against this

Act and would be liable to pay a criminal penalty; or

(b) the Commonwealth has contravened a civil penalty provision

of this Act and would be liable to pay a civil penalty.

(2) The Commonwealth is not liable to pay a criminal or civil penalty

under this Act. However, it

is the Parliament's intention that the

Commonwealth should be notionally liable to pay such a penalty.

(3) The Finance Minister may give such written directions as are

necessary or convenient for carrying out or giving effect to

subsection (2) and, in particular, may give directions in relation to

the transfer of money from an account operated by the Department

to another account operated by the Commonwealth.

(4) Directions under subsection (3) have effect, and must be complied

with, despite any other Commonwealth law.

Subdivision C

Interaction with other laws

132 The

Australian Radiation Protection and Nuclear Safety Act 1998

The

Australian Radiation Protection and Nuclear Safety Act 1998

does not apply in relation to regulated activities.

133 The

Nuclear Non-Proliferation (Safeguards) Act 1987

(1) This Act does not exclude the operation of the

Nuclear

Non-Proliferation (Safeguards) Act 1987

, to the extent that the

Nuclear Non-Proliferation (Safeguards) Act 1987

is capable of

operating concurrently with this Act.

Example: A person may be required by this Act to hold a licence, and by the

Nuclear Non-Proliferation (Safeguards) Act 1987

to hold a permit, in

respect of the same thing. The person must satisfy the requirements of

both Acts in so far as they are capable of being satisfied concurrently.

(2) The application of this Act in relation to nuclear material and

associated items (within the meaning of the

Nuclear

Non-Proliferation (Safeguards) Act 1987

) is subject to any

modifications that are prescribed by the regulations.

Part 6

Other matters

Division 2

Application of this Act

Section 134

110

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

(3) Part 4 of this Act (which deals with compliance and enforcement)

is not to be taken to excuse an inspector from complying with

sections 23, 25, 25A, 26 and 26A of the

Nuclear Non-Proliferation

(Safeguards) Act 1987

Note:

The

Nuclear Non-Proliferation (Safeguards) Act 1987

sets out

defences that apply to offences against the sections of that Act that are

mentioned in this subsection.

134 Operation of workplace health and safety laws

(1) This Act does not exclude the operation of any of the following

laws (a

workplace health and safety law

(a) the

Work Health and Safety Act 2011

;

(b) a corresponding WHS law (within the meaning of that Act).

(2) Subsections (3), (4) and (5) do not apply to a provision of a

workplace health and safety law that is capable of concurrent

operation with this Act.

(3) A provision of this Act does not:

(a) prohibit the doing of an act; or

(b) impose a civil or criminal liability for doing an act;

if the doing of that act is specifically authorised or required, by or

under, a provision of a workplace health and safety law.

(4) A provision of this Act does not:

(a) require the doing of an act; or

(b) impose a civil or criminal liability for not doing an act;

if the doing of that act is specifically prohibited by or under a

provision of a workplace health and safety law.

(5) A provision of this Act does not operate to the extent necessary to

ensure that no inconsistency (including operational inconsistency)

arises between:

(a) a provision of this Act; and

(b) a provision of a workplace health and safety law that would,

but for this subsection, be inconsistent with the provision of

this Act.

Other matters

Part 6

Application of this Act

Division 2

Section 135

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

111

135 Operation of State and Territory laws

If a law of a State or Territory, or one or more provisions of such a

law, is prescribed by the regulations, that law or provision does not

apply in relation to a regulated activity.

Subdivision D

Interaction with international agreements etc.

136 Functions to be performed having regard to prescribed

international agreements

If this Act confers a function on a person, the person must have

regard to Australia's obligations under any international agreement

prescribed by the regulations in performing that function.

137 Application of Act to certain foreign persons

This Act does not apply to a person conducting a regulated activity

if:

(a) the person is a member of the military or government of a

foreign country; and

(b) there is an agreement or arrangement between Australia and

that foreign country that applies in relation to the regulated

activity; and

person is conducting the regulated activity.

Subdivision E

General rules about offences and civil penalty

provisions

138 Geographical jurisdiction for offences

Section 15.2 of the

Criminal Code

(extended geographical

jurisdiction

category B) applies to all offences against this Act.

Part 6

Other matters

Division 2

Application of this Act

Section 139

112

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

139 Physical elements of offences

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the

conduct rule

provision

) commits an offence.

(2) For the purposes of applying Chapter 2 of the Criminal Code to the

offence, the physical elements of the offence include those set out

in the conduct rule provision.

Note:

Chapter 2 of the Criminal Code sets out general principles of criminal

responsibility.

140 Contravening an offence provision or a civil penalty provision

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the

conduct provision

)

commits an offence or is liable to a civil penalty.

(2) For the purposes of this Act, and the Regulatory Powers Act to the

extent that it relates to this Act, a reference to a contravention of an

offence provision or a civil penalty provision includes a reference

to a contravention of the conduct provision.

Other matters

Part 6

Delegations

Division 3

Section 141

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

113

Division

3--Delegations

141 Delegation by the Minister

(1) The Minister may, by inst

rument in writing, delegate the Minister's

functions under this Act to another Minister.

(2) In performing functions under a delegation, the delegate must

comply with any directions of the Minister.

142 Delegation by the Director-General

(1) The Director-General may, by instrument in writing, delegate any

of the Director-General

's functions

(other than those under

section 72, 73, 105, 107, 123 or 144) to:

(a) the Deputy Director-General; or

(b) a person who:

(i) is an SES employee or an acting SES employee, or

holds or is acting in a position that is equivalent to a

position occupied by an SES employee, in the

Regulator; and

(ii) is not a member of the Australian Defence Force.

Note:

The expressions

SES employee

and

acting SES employee

are defined

in the

Acts Interpretation Act 1901

(2) In exercising functions under a delegation, the delegate must

comply with any directions of the Director-General.

Part 6

Other matters

Division 4

Regulations and other instruments

Section 143

114

Australian Naval Nuclear Power Safety Bill 2023

No. , 2023

Division

4--Regulations and other instruments

143 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed by the

regulations; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

144 Exemptions

Exempting a person from a provision or condition

(1) The Regulator may, in writing, exempt a specified person from:

(a) the application of subsection 19(1), or another provision of

this Act prescribed by the regulations, in relation to a

regulated activity; or

(b) the application of a specified licence condition.

Note:

For variation and revocation, see subsections 33(3) and (3AA) of the

Acts Interpretation Act 1901

(2) An exemption may be granted:

(a) on application by a person in accordance with the

regulations; or

(b) on the initiative of the Regulator.

(3) An exemption is subject to any conditions specified in the

instrument of exemption.

(4) The Regulator must not grant an exemption, or impose conditions

under subsection (3), unless the Regulator is satisfied that the

exemption, taken together with the conditions to which it is

subject, will not jeopardise the nuclear safety of a regulated

activity.

(5) The functions of the Regulator under this section may only be

performed by the Director-General.

Other matters

Part 6

Regulations and other instruments

Division 4

Section 145

No. , 2023

Australian Naval Nuclear Power Safety Bill 2023

115

AAT review

(6) Applications may be made to the Administrative Appeals Tribunal

for review of:

(a) a decision to refuse to grant an exemption under

subsection (1); or

(b) a decision to impose a condition under subsection (3); or

subsection (1), including by varying or revoking a condition

imposed under subsection (3).

Instruments are not legislative instruments

(7) The following are not legislation instruments:

(a) an exemption granted under subsection (1);

(b) a condition imposed under subsection (3).

145 Regulator to give notice before varying or revoking exemption

(1) This section applies if:

(a) the Regulator is proposing to vary or revoke an exemption in

relation to a specified person under subsection 144(1),

including by varying or revoking a condition imposed under

subsection 144(3); and

(b) the person did not apply to the Regulator under

subsection 144(2)(a) for the variation or revocation.

(2) The Regulator must, before taking the action:

(a) give the person a notice, in writing, inviting the person to

show cause, within a reasonable period specified in the

notice, why the action should not be taken; and

(b) consider any representations the person makes to the

Regulator within that period.

(3) A notice given under subsection (2) is not a legislative instrument.

Commonwealth of Australia Bills

AUSTRALIAN NAVAL NUCLEAR POWER SAFETY BILL 2023

Document Outline