10th Oct 2024, 1:19 PM – Senate Australian Naval Nuclear Power Safety Bill 2024 and another - Committee of the Whole - Australian Greens amendments

The majority voted against amendments introduced by NSW Senator David Shoebridge (Greens), which means they failed and will not form part of the bill.

Amendment texts

SHEET 2574

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

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

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

107A CEO of ARPANSA to advise Director-General

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

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

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

(a) the Radiation Health and Safety Advisory Council;

(b) the Radiation Health Committee;

(c) the Nuclear Safety Committee.

SHEET 2576

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

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

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

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

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

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

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

SHEET 2578

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

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

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

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

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

(b) is prescribed by the regulations.

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

(4) The regulations may modify the operation of:

(a) this Act; and

(b) the National Radioactive Waste Management Act 2012;

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

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

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

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

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

SHEET 2580

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

123B Reports on Director-General's functions

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

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

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

SHEET 2581

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

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

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

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

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

Joint Ministers means the Defence Minister and the Health Minister.

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

5A Functions or powers of Joint Ministers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SHEET 2582

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

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

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

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

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

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

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

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

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

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

SHEET 2583

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

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

132 Interaction with other laws and international instruments

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

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

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

(c) the Work Health and Safety Act 2011;

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) an international instrument prescribed by the regulations.

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

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

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

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

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

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

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

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

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

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

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

Subdivision D — Application of Act to certain foreign persons

SHEET 2916

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

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

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

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

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

Error on this page

Note that West Australian Senator Fatima Payman (Independent) is currently recorded as a rebel voter in the Labor Party, but this is wrong as Senator Payman is now an Independent senator.