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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN NAVAL NUCLEAR POWER SAFETY (TRANSITIONAL
PROVISIONS) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by the authority of the
Minister for Defence, the Hon Richard Marles MP)
TABLE OF CONTENTS
GLOSSARY .............................................................................................................................. 2
GENERAL OUTLINE............................................................................................................... 3
FINANCIAL IMPACT STATEMENT ..................................................................................... 5
NOTES ON CLAUSES ............................................................................................................. 6
STATEMENT OF COMPATABILITY WITH HUMAN RIGHTS ....................................... 10
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GLOSSARY
The following abbreviations and acronyms are used throughout this Explanatory
Memorandum.
Abbreviation Definition
ANNPS Act Australian Naval Nuclear Power Safety Act 2023
ANNPS Bill Australian Naval Nuclear Power Safety Bill 2023
ARPANSA Australian Radiation Protection and Nuclear Safety Agency
ARPANS Act Australian Radiation Protection and Nuclear Safety Act 1998
AUKUS Australia, United Kingdom and United States
CEO Chief Executive Officer
Regulator Australian Naval Nuclear Power Safety Regulator
the Act or this Act Australian Naval Nuclear Power Safety (Transitional
Provisions) Act 2023
the Bill or this Bill Australian Naval Nuclear Power Safety (Transitional
Provisions) Bill 2023
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AUSTRALIAN NAVAL NUCLEAR POWER SAFETY (TRANSITIONAL
PROVISIONS) BILL 2023
GENERAL OUTLINE
1. The purpose of the Australian Naval Nuclear Power Safety (Transitional Provisions)
Bill 2023 (the Bill) is to deal with transitional matters relating to the Australian Naval
Nuclear Power Safety Bill 2023 (ANNPS Bill), and for related purposes. The Bill
would enable certain licences, if any, issued by the Chief Executive Officer (CEO) of
Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and in
accordance with the Australian Radiation Protection and Nuclear Safety Act 1998
(ARPANS Act), to be treated as Australian naval nuclear power safety licences for the
purposes of the Australian Naval Nuclear Power Safety Act 2023 (ANNPS Act), on
commencement of that Act.
Background
2. On 16 September 2021, the leaders of Australia, the United Kingdom (UK) and the
United States (US), entered into an enhanced trilateral security partnership called
AUKUS.
3. On 14 March 2023, the leaders of Australia, the UK and the US, announced the
optimal pathway for Australia's acquisition of conventionally-armed, nuclear-
powered submarines through the enhanced trilateral security partnership called
AUKUS.
4. On the same day, the Australian Government announced it had agreed, with the US
and UK, to Australia's acquisition of conventionally-armed, nuclear-powered
submarines through a phased approach. This involves:
• Increased visits of US submarines commencing in 2023 and UK submarines from
2026, and, beginning in 2027, rotations of UK and US submarines to Australia;
• From as early as the 2030s, delivery of three US Virginia class nuclear-powered
submarines to Australia; and
• Australia and the UK delivering SSN-AUKUS, a new conventionally-armed
nuclear-powered submarine, based on a UK design, incorporating cutting edge
Australian, UK and US technologies. The UK will deliver its own first
SSN-AUKUS in the late 2030s, with the first SSN-AUKUS built in Australia
delivered in the early 2040s.
5. On 6 May 2023, the Australian Government announced its intention to establish a
new independent statutory regulator to regulate the unique circumstances associated
with nuclear safety and radiological protection across the lifecycle of Australia's
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nuclear-powered submarine enterprise.
ANNPS Bill
6. The ANNPS Bill establishes Australia's legislative framework to promote and
regulate the nuclear safety aspects of Australia's nuclear-powered submarine
enterprise to protect the health and safety of people and the environment. In
particular, the Bill is about regulating activities relating to AUKUS submarines. In
summary:
• AUKUS submarines are conventionally-armed, nuclear-powered submarines
operated, or under construction in Australia, for naval or military purposes by
Australia, or by the UK or the US;
• the activities that are regulated by the Bill are 'regulated activities'. There are
three types of regulated activities: facility activities, submarine activities and
material activities, covering activities such as construction of an AUKUS
submarine in Australia, or possessing or using particular naval nuclear propulsion
material, equipment or plant from, or for use on, AUKUS submarines; and
• regulated activities can only occur in designated zones (which are particular areas
in Australia) or in relation to Australian conventionally-armed,
nuclear-powered submarines.
7. The ANNPS Bill establishes nuclear safety duties that apply to people when they
conduct regulated activities. For example, a person conducting a regulated activity
must ensure nuclear safety and must be authorised by a licence, when conducting that
activity. 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 licences
(such as the duty to implement and comply with the nuclear safety system and comply
with licence conditions). A person (including the Commonwealth) who breaches a
nuclear safety duty may be subject to significant civil or criminal penalties. There are
varying levels of civil and criminal penalties, depending on the duty involved and the
person to whom the duty applies.
8. 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.
9. The ANNPS Bill establishes the Australian Naval Nuclear Power Safety Regulator,
which has functions relating to regulated activities, such as licencing, and monitoring
and enforcing compliance with nuclear safety duties. The Regulator consists of the
Director-General, the Deputy Director-General, staff, and other persons assisting the
Regulator (including inspectors).
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Relationship between the ANNPS Bill, ARPANS Act and this Bill
10. Where relevant licences have been issued by the CEO of ARPANSA, they are treated
as licences for the purposes of the ANNPS Act. Any licences issued by the CEO of
ARPANSA would relate to activities that are required for the initial preparation of
sites for controlled facilities and the construction and operation of controlled facilities,
within the meaning of the ARPANS Act. Other licences may relate to activities that
involve the dealing with a controlled material or controlled apparatus, within the
meaning of the ARPANS Act.
11. This Bill provides any relevant licences issued under the ARPANS Act to be taken to
be an Australian naval nuclear power safety licence for the purposes of the ANNPS
Bill.
12. The Bill also provides a regulation-making power to ensure there is an appropriate
level of flexibility when dealing with transitional arrangements under the ARPANS
Act and ANNPS Act.
13. This Bill commences at the same time as the ANNPS Act commences.
14. Detailed notes on the clauses on the Bill are included at Attachment A.
FINANCIAL IMPACT STATEMENT
15. Costs associated with the establishment of the Regulator under the ANNPS Bill will
be subject to future appropriation.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
16. The Statement of Compatibility with Human Rights is at Attachment B.
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Attachment A
AUSTRALIAN NAVAL NUCLEAR POWER SAFETY (TRANSITIONAL
PROVISIONS) BILL 2023
NOTES ON CLAUSES
Clause 1 Short title
2. This clause provides that the Bill, when enacted, may be cited as the Australian Naval
Nuclear Power Safety (Transitional Provisions) Act 2023 (the Act).
Clause 2 Commencement
3. This clause provides for commencement of each provision in the Bill.
4. Subclause 2(1) provides that each provision of the 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.
5. The table in subclause 2(1) provides that the whole Act commences at the same time as
the Australian Nuclear Power Safety Act 2023 commences. However, the Act does not
commence at all if the Australian Naval Nuclear Power Safety Act 2023 (ANNPS Act)
does not commence.
6. A note to this clause provides that the table relates only to the provisions of the Act as
originally enacted. The table will not be amended to deal with any later amendments of
the Act.
7. Subclause 2(2) provides that any information in column 3 of the table is not part of the
Act. Information may be inserted in this column, or information in it may be edited, in
any published version of the Act.
Clause 3 Schedules
8. Clause 3 provides that any legislation that is specified in a Schedule to this Act is
amended or repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its terms.
SCHEDULE 1 - TRANSITIONAL PROVISIONS
Item 1 Definitions
9. This item sets out the definitions for the Bill and defines the following terms:
10. ANNPS Act means the Australian Naval Nuclear Power Safety Act 2023.
11. ARPANS Act means the Australian Radiation Protection and Nuclear Safety Act 1998.
12. commencement means the commencement of the Australian Naval Nuclear Power Safety
(Transitional Provisions) Act 2023.
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13. regulated activity has the same meaning as in section 9 of the ANNPS Act. Under
section 9, there are three types of regulated activity being a facility activity, a submarine
activity and a material activity. These terms are defined in the ANNPS Act.
Item 2 Transitioning certain facility licences under the ARPANS Act to licences under
the ANNPS Act
14. Item 2 applies to the transitioning of certain facility licences that are issued under the
Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act) to licences
issued under the ANNPS Act.
15. Subitem 2(1) provides for the types of facility licence under which item 2 applies. These
are a facility licence issued under section 32 of the ARPANS Act under the following
circumstances:
• if that licence was in force immediately before commencement of the ANNPS
Act;
• the licence authorises a person to conduct an activity referred to in
subsection 30(1) of the ARPANS Act, but does not authorise an activity referred
to in paragraph 32(1A)(b) of that Act;
• at commencement, the activity is a facility activity, within the meaning of
section 11 of the ANNPS Act.
16. On and after commencement of the Bill, the licence has effect as if it were an Australian
naval nuclear power safety licence issued to under subsection 31(1) of the ANNPS Act
and is subject to the conditions:
• referred to in paragraphs 32(1)(a) and (b) of the ANNPS Act; and
• any conditions specified in relation to the licence by the Regulator on or after the
commencement under subsection 34(2) of the ANNPS Act; and
• any conditions prescribed by the regulations.
17. The note at the end of item 2 clarifies that paragraph 2(2)(a) means that on and after
commencement of the Bill, a facility licence issued under section 32 of the ARPANS Act
is:
• taken to be an Australian naval nuclear power safety licence and can be dealt with
as such; and
• no longer a licence under the ARPANS Act and section 35 of the ARPANS Act
no longer applies to the licence.
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Item 3 Transitioning certain facility licences and source licences under the ARPANS
Act to licences under the ANNPS Act
18. Item 3 relates to the transitioning of certain facility licences and source licences issued
under the ARPANS Act to licences issued under the ANNPS Act.
19. Subitem 3(1) provides for the types of licences which item 3 applies. These are licences
issued under section 32 or 33 of the ARPANS Act under the following circumstances:
• if that licence was in force immediately before commencement of the ANNPS Act
and authorises a person to conduct an activity referred to in subsection 30(1) of
the ARPANS Act and an activity referred to in paragraph 32(1A)(b) of the
ARPANS Act; or
• to conduct an activity referred to in subsection 31(1) of the ARPANS Act; and
• at commencement of the Bill, the activity is a regulated activity.
20. Subitem 3(2) provides that on and after commencement, the licence continues in force
(and may be dealt with) under the ARPANS Act but only to the extent that the licence
relates to an activity that is not a regulated activity for the purposes of the ANNPS Act.
21. Subitem 3(3) provides that on or after commencement, the licence, only to the extent that
it relates to a regulated activity for the purposes of the ANNPS Act:
• has effect as if it were an Australian naval nuclear power safety licence issued to
the licence holder under subsection 31(1) of the ANNPS Act; and
• is subject to certain conditions referred to in paragraphs 32(1)(a) and (b) of the
ANNPS Act;
• is subject to any conditions specified in relation to the licence by the Regulator on
or after commencement under subsection 34(2) of the ANNPS Act;
• is subject to any conditions prescribed by the regulations.
22. The note at the end of item 3 clarifies subitem 3(3)(a) such that on and after
commencement of the Bill, the ARPANS licence, to the extent it relates to a regulated
activity for the purposes of the ANNPS Act:
• is taken to be an Australian naval nuclear power safety licence under the ANNPS
Act and can be dealt with as such; and
• is no longer a licence under the ARPANS Act to the extent the licence relates to
the regulated activity, and section 35 of ARPANS Act no longer applies to the
licence to that extent.
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Item 4 Regulations
23. Subitem 4(1) provides the Governor-General may make regulations prescribing matters
required or permitted by the Act to be prescribed by the regulations, or necessary or
convenient to be prescribed for carrying out or giving effect to the Act.
24. Subitem 4(2) provides that the regulations under subitem 4(1) may prescribe matters of a
transitional nature relating to the enactment of the ANNPS Act, or transitioning the
regulation of matters relating to regulated activities from the ARPANS Act to the ANNPS
Act.
25. The inclusion of this regulation-making power provides for flexibility to manage these
transitional arrangements or significant technological or other unforeseen developments
that require regulatory action.
26. Subitem 4(3) provides that items 2 and 3 do not limit the regulations that may be made
for the purposes of item 4.
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Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The purpose of the Australian Naval Nuclear Power Safety (Transitional Provisions) Bill
2023 (the Bill) is to deal with transitional matters relating to the Australian Naval Nuclear
Power Safety Bill 2023 (ANNPS Bill), and for related purposes. The Bill would enable
certain licences, if any, issued by the Chief Executive Officer (CEO) of Australian Radiation
Protection and Nuclear Safety Agency (ARPANSA) and in accordance with the Australian
Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act), to be treated as
Australian naval nuclear power safety licences for the purposes of the Australian Naval
Nuclear Power Safety Act 2023 (ANNPS Act), on commencement.
Human rights implications
This Bill does not engage any applicable rights or freedoms.
An assessment of the human rights engaged under the ANNPS Bill is included in
Attachment B of the Explanatory Memorandum for that Bill.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
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