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2002 - 2003
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
NON-PROLIFERATION LEGISLATION AMENDMENT BILL
2003
EXPLANATORY
MEMORANDUM
(Circulated by authority of the Minister for
Foreign Affairs,
the Honourable Alexander Downer MP)
NON-PROLIFERATION LEGISLATION AMENDMENT BILL 2003
GENERAL OUTLINE
The Non-Proliferation Legislation Amendment
Bill (Bill) strengthens Australia’s arrangements for the protection of,
and application of non-proliferation safeguards to, nuclear material, facilities
and associated information. It will enable Australia to bring into force
legislation banning nuclear weapon tests ahead of entry into force of the
Comprehensive Nuclear-Test-Ban Treaty (CTBT). It provides also for machinery
changes to improve the application of non-proliferation measures.
The
Nuclear Non-Proliferation (Safeguards) Act 1987 (the Safeguards Act) is
amended to:–
• strengthen procedures to protect information relevant to proliferation of nuclear weapons and to the physical security of nuclear material;
• ensure that regulatory arrangements apply to any material specially suited for use in nuclear activities, or the production of nuclear explosive devices;
• require a permit for activity to establish a nuclear installation;
• create offences for unauthorised access to an area specified in a permit for the possession or transport of nuclear material or associated items, and for causing damage to an installation or mechanism intended to protect nuclear material or associated items;
• bring penalty provisions into line with current legislative
practice.
The Comprehensive Nuclear-Test-Ban Treaty Act 1998 (the
CTBT Act) is amended to:-
• enable the proclamation of key provisions of the Act ahead of entry-into-force of the Comprehensive Nuclear Test-Ban Treaty; and
• revise provisions dealing with on-site inspection so that they better
reflect the practical requirements of such an inspection.
These two Acts,
along with the Chemical Weapons (Prohibition) Act 1994 (the CWP Act), are
amended to provide for the implementing office and its Director to be referred
to by a name or title specified by the Minister.
FINANCIAL IMPACT
STATEMENT
The measures dealt with by the Bill will have little or no
financial impact.
NON-PROLIFERATION LEGISLATION AMENDMENT BILL
2003
NOTES ON CLAUSES
Clause 1: Short Title
1. Clause 1 specifies that the Act may be
cited as the Non-Proliferation Legislation Amendment Act 2003.
Clause 2: Commencement
2. All provisions of the Bill commence on
the day the Bill receives Royal Assent other than those in Schedule 1 which will
commence the day after the Bill receives Royal Assent.
Clause 3:
Schedules
3. This clause provides that the Nuclear
Non-Proliferation (Safeguards) Act 1987, the Comprehensive Nuclear
Test-Ban Act 1998 and the Chemical Weapons (Prohibition) Act 1994 are
amended as set out in the Schedules.
SCHEDULE 1 – Nuclear
Safeguards
Part 1 – Main Amendments
Nuclear
Non-Proliferation (Safeguards) Act 1987
Items 1, 2: Subsection
4(1) (paragraph (a) of the definition of associated
material)
4. Item 1 extends the range of materials which the
Minister may declare to be associated material. In addition to
material specially suited for use in the construction or operation of a
nuclear reactor, the amended definition includes materials for use in nuclear
activities as defined in the Safeguards Act, or in the production of nuclear
weapons or other nuclear explosive devices.
5. Item 2 provides for the
saving of associated material declarations in force immediately before the
commencement of the Schedule.
Items 3, 4: (definition of
containment device)
6. Item 3 extends the definition of a
containment device from a physical barrier to include any device used to
contain relevant items or information.
7. Item 4 adds a nuclear
facility to the set of items for which movement, or access, may be
controlled by a containment device.
Item 5: (definition of
permit)
8. This item extends the definition of a permit under
the Safeguards Act to include a permit granted under section 16A inserted by the
Act (see item 10).
Items 6, 7: Subsection 4(1) (after paragraph (a) of
the definition of surveillance device)
9. These items extend
the definition of surveillance device to include devices that monitor
movement past or through a containment device, or that may circumvent a
containment device or surveillance device.
Item 8: Part II
(heading)
10. This item broadens the scope of the heading of Part II
of the Safeguards Act to reflect new permit arrangements inserted by item 10 of
this Schedule.
Items 9-17: Permit to establish
facility
11. Item 10 inserts section 16A which establishes a regime
for permits for work to be carried out to establish a nuclear facility, a
facility for carrying out nuclear activities, or a facility for the use
of associated equipment. Under the regime:
• the Minister may
grant a permit once the Director has made a report on the application. The
report should specify whether the Director is satisfied that the applicant has
supplied information required by the Director, and whether it will be possible
to implement procedures at the facility relevant to safeguards on nuclear
material and to physical security of nuclear material and
associated items;
• the permit may be granted subject to
restrictions and conditions in respect of the design of the facility, inspection
of the facility and work on it by inspectors and Agency inspectors, and of
reports to be made on work on the facility;
• permit conditions may
include a requirement that the permission of a specified person is obtained
before a certain act or thing may be done;
• the restrictions and
conditions which may be included in a permit are not limited to those set out in
section 16A; and
• permits may be varied by the
Minister.
12. Items 9 and 11 to 17 amend sections 12, 19, 20 and 22 of
the Safeguards Act so that references to permits in those sections include
reference to a permit, issued under section 16A, to establish a
facility.
Items 18, 19: Subsection 23(1)
13. These items
amend the penalty for the offence of possession of nuclear material or an
associated item without a permit. The term of imprisonment indicated for the
offence is unchanged, however references to fines are removed. The quantum of
any fine imposed by a court for this offence will be determined in accordance
with Subsection 4B(2) of the Crimes Act 1914, which allows a court to
impose an appropriate fine instead of, or in addition to, a term of
imprisonment. The maximum fine is calculated by multiplying the maximum term of
imprisonment (in months) by 5, and then multiplying the resulting sum by the
amount of a penalty unit as defined in section 4AA of the Crimes Act
1914.
Item 20: Subsection 25(1)(penalty)
14. This item
amends the penalty for the offence of breach of a condition of a permit or
authority. The term of imprisonment indicated for the offence is unchanged,
however references to fines are removed. The quantum of any fine imposed by a
court for this offence will be determined in accordance with Subsection 4B(2) of
the Crimes Act 1914.
Item 21: After section
25
15. Item 21 inserts section 25A into the Safeguards Act creating
an offence for breach of a duty to ensure the security of associated
technology. The offence applies to a person who is authorised by the holder
of a permit to possess associated technology to deal with that
associated technology. If the person has a duty to ensure the physical
security of the associated technology, but engages in conduct which
breaches that duty, the person commits an offence. The duty to ensure the
physical security of the associated technology may arise, for example, from the
person’s employment by the permit holder, or pursuant to a contract
between them. A penalty of 2 years imprisonment is specified for the
offence.
16. Item 21 makes clear that conduct breaching a duty to ensure
the physical security of associated technology may result either from an act, or
an omission to perform an act. The item specifies also that the geographical
scope of jurisdiction for an offence is that set out in category A of Section
15.1 of the Criminal Code.
Item 22: Application of new
offence
17. This item makes clear that the fact that a person was
authorised to deal with associated technology before the commencement of the
Schedule does not prevent the application of section 25A to conduct occurring at
or after that commencement.
Items 23, 24: Subsection
26(1)
18. These items amend the penalty for the offence of
unauthorised communication of associated technology. The term of
imprisonment indicated for the offence is unchanged, however references to fines
are removed. The quantum of any fine imposed by a court for this offence will
be determined in accordance with Subsection 4B(2) of the Crimes Act
1914.
Item 25: At the end of section 26.
19. This item
inserts a provision clarifying the geographical scope of jurisdiction in
relation to an offence under section 26 of the Safeguards Act, namely that the
section applies to Australian nationals or body corporates, for their conduct
anywhere in the world.
Item 26: After section 26
20. Item
26 inserts a section 26A into the Safeguards Act creating an offence for
communication prejudicing the security of nuclear material or an
associated item. The offence applies to a person who communicates
information to someone else, in circumstances where that communication could
prejudice the physical security of nuclear material or an associated
item. A penalty of 2 years imprisonment is specified for the
offence.
21. Subsection 26A(2) makes clear that the offence does not
apply where a person who holds a permit to possess the nuclear material
or associated item has authorised the communication. Item 26 specifies
also that the geographical scope of jurisdiction for an offence is that set out
in category A of Section 15.1 of the Criminal Code.
Item 27:
Application of new offence
22. Item 27 makes clear also that the
application of section 26A applies to conduct occurring at or after that
commencement of the Schedule (the day after the Bill receives Royal
Assent).
Items 28, 29: Subsection 27(2)
23. These items
amend the penalty for failure to give notice as required by section 27(1) . The
term of imprisonment indicated for the offence is unchanged, however references
to fines are removed. The quantum of any fine imposed by a court for this
offence will be determined in accordance with Subsection 4B(2) of the Crimes
Act 1914.
Items 30, 31: Section 28
23. These items
amend the penalty for the offence of interference with containment or
surveillance devices. The term of imprisonment indicated for the offence is
unchanged, however references to fines are removed. The quantum of any fine
imposed by a court for this offence will be determined in accordance with
Subsection 4B(2) of the Crimes Act 1914.
Items 32: After
section 28
24. Item 32 inserts section 28A into the Safeguards Act
establishing an offence for the establishment of a facility without a permit. A
relevant facility includes a nuclear facility, a facility for carrying
out nuclear activities, or a facility for the use of associated
equipment to which Part II of the Safeguards Act applies. Subsection 28(2)
makes clear that the intention of the person causing the work to be carried out
is critical to the commission of an offence.
Item 33: Application of
new offence
25. Item 33 makes clear that section 28A applies to all
work carried out after the commencement of the Schedule, notwithstanding that
the work started before the commencement of the Schedule - except for work
carried out in the six months immediately following that
commencement.
Items 34-37 and 40: Subsection 29(1)
26. The
requirement that a permit be obtained under section 16A of the Safeguards Act
for any work to establish a facility as defined in section 28A is intended to
supersede the provisions in section 29 insofar as they deal with the
construction of a nuclear facility. Items 34-37 and 40 amend section 29 to
remove references to such construction.
Items 38, 39 Subsection
29(2)
27. These items amend the penalty for the offence of failing to
give proper notice of a modification to a nuclear facility. The term of
imprisonment indicated for the offence is unchanged, however references to fines
are removed. The quantum of any fine imposed by a court for this offence will
be determined in accordance with Subsection 4B(2) of the Crimes Act
1914.
Item 41, 42: Subsection 30(1)
28. These items
amend the penalty for the offence of making a false or misleading statement to
the Minister, the Director, an inspector, an Agency inspector or
another person exercising a power, or performing a function or duty, in relation
to the Safeguards Act. The term of imprisonment indicated for the offence is
unchanged, however references to fines are removed. The quantum of any fine
imposed by a court for this offence will be determined in accordance with
Subsection 4B(2) of the Crimes Act 1914.
Item 43, 44:
Subsection 31(1)
29. These items amend the penalty for the offence of
obstructing or hindering an Agency inspector. The term of imprisonment
indicated for the offence is unchanged, however references to fines are removed.
The quantum of any fine imposed by a court for this offence will be determined
in accordance with Subsection 4B(2) of the Crimes Act
1914.
Item 45: At the end of Division 1 of Part
III
30. Item 45 inserts section 31A into the Safeguards Act
establishing an offence for unauthorised access by a person to areas etc to
which access is restricted under a permit under that Act. The offence applies
to any area, vehicle, aircraft or ship which is identified in a permit as a
location to which the permit holder is required to restrict access. The area
must be clearly signposted to indicate that access is so
restricted.
31. In view of the fact that permit conditions under the
Safeguards Act are not normally publicly available, subsection 31A(2) provides
that strict liability applies to paragraphs (1)(b) and (c) of section
31A.
33. Subsection 31A(3) provides that an offence is not committed if
access by the person is authorised by the permit holder.
34. Subsection
31A(4) specifies that the geographical scope of jurisdiction for an offence is
that set out in category A of Section 15.1 of the Criminal
Code.
Item 46: Application of new offence
35. Item 46
makes clear that section 31A applies to any conduct occurring at or after the
commencement of this Schedule whether or not the relevant permit was granted
before or after that commencement.
Item 47: Sections 33, 34, 35, 36
and 37
36. This items amends the penalty for the offences under
sections 33, 34, 35, 36 and 37 of the Safeguards Act. The term of imprisonment
indicated for each offence is unchanged, however references to fines are
removed. The quantum of any fine imposed by a court for an offence will be
determined in accordance with Subsection 4B(2) of the Crimes Act
1914.
Items 48, 51: Subsection 40(1)
37. Items 48 and
51 extend the scope of the ‘Hearing in Camera’ provisions of section
40 of the Safeguards Act so that a judge or magistrate may prevent the
disclosure of information which could prejudice the physical security of
nuclear material or an associated item.
Item 49, 50:
Subsection 40(2)
38. These items amend the penalty for the offence of
contravening an order made under subsection 40(1). The term of imprisonment
indicated for the offence is unchanged, however references to fines are removed.
The quantum of any fine imposed by a court for this offence will be determined
in accordance with Subsection 4B(2) of the Crimes Act
1914.
Item 52: Subsection 41(3) (definition of relevant
permit)
39. This item amends the definition of a relevant
permit for the purposes of section 41 so that it includes any permit granted
under a provision of the Safeguards Act.
Item 53 Subsection 58(2)
(penalty)
40. This item repeals the penalty provision which specifies
a fixed dollar fine for an offence against subsection 58(2) of the Safeguards
Act, and replaces it with one specified in terms of penalty
units.
Item 54: Subsection 65(1) (penalty)
41. This item
amends the penalty for the offence of failing to provide reasonable assistance
to the inspector for the purposes of the exercise of the inspector's powers. The
term of imprisonment indicated for the offence is unchanged, however references
to fines are removed. The quantum of any fine imposed by a court for this
offence will be determined in accordance with Subsection 4B(2) of the Crimes
Act 1914.
Item 55 Subsection 66(4)
42. This item
repeals the penalty provision which specifies a fixed dollar fine for an offence
against subsection 66(4) of the Safeguards Act, and replaces it with one
specified in terms of penalty units.
Items 56, 57, 58, 59 Paragraphs
69(1)(a) and 69(1)(b), Subsections 69(2) and 69(3)
43. These items
amend references to permits in section 69 of the Safeguards Act so that the
provisions of the section apply to any permit granted under that
Act.
Item 60: Saving of Register
44. Section 69 of the
Safeguards Act requires the Director to maintain a Register of Permit and
Authority Holders. Item 60 makes clear that entries made in this Register prior
to the commencement of the Schedule remain valid after the commencement of the
Schedule notwithstanding the amendments to section 69 in items 56 to
59.
Item 61: Subsection 71(2) (penalty)
45. This items
amends the penalty for offences under section 71 of the Safeguards Act. The
term of imprisonment indicated for an offence is unchanged, however the
references to a fine is removed. The quantum of any fine imposed by a court for
this offence will be determined in accordance with Subsection 4B(2) of the
Crimes Act 1914.
Item 62: Subsections 72(4) and
(5)
46. This item amends references to permits in section 72 of the
Safeguards Act so that the provisions of the section apply to any permit granted
under that Act.
Item 63: At the end of subsection
72(5)
47. Item 63 provides that where the Director exercises a
delegated power to grant a permit under section 16(1) the Director must be
satisfied of the matters described in paragraphs 16A(1)(a), (b) and (c)
notwithstanding that no report is made under paragraph 12(2)(b).
Item
64: Saving of delegations
48. Although item 62 amends subsection
72(4) of the Safeguards Act, delegations otherwise valid at or after the
commencement of the schedule continue to be valid notwithstanding the
amendment.
Item 65: At the end of paragraph
73(2)(a)
49. This item adds adjusts the language of paragraph
73(2)(a) of the Safeguards Act consistent with the insertion of paragraph
73(2)(ba) by item 66, confirming that the provisions with respect to which the
Minister may make orders or give directions, are not mutually
exclusive.
Item 66: After paragraph 73(2)(b)
50. The
insertion of paragraph 73(2)(ba) by item 66 provides for the Minister to make
orders or give directions to be complied with the holder of a permit issued
under section 16A.
Item 67: Paragraph 74(c)
51. This item
amends the provision specifying the maximum penalty for an offence against
regulations made pursuant to section 74 of the Safeguards Act. It replaces a
fixed dollar fine with one specified in terms of penalty units.
Items
68, 69: Paragraphs 74(d) and (g)
52. These items amend references to
permits in section 74 of the Safeguards Act so that the provisions of the
section apply to any permit granted under that Act.
Item 70: Saving of
regulations
53. Although the schedule amends subsection 74 of the
Safeguards Act, regulations in force at or after the commencement of the
schedule continue to be valid notwithstanding the amendment.
Part
2 – Consequential Amendments
Australian Protective
Service Act 1987
Item 71: Subparagraph
13(2)(a)(v)
54. The Australian Protective Service Act 1987
(“the Protective Service Act”) is amended to clarify application of
the power of a protective service officer to effect an arrest without a
warrant. Subparagraph 13(2)(a)(v) of the Protective Service Act provides that
this power applies to all offences under the Safeguards Act other than offences
which are specified as excluded. Item 71 adds references to newly created
offences under sections 25A and 28A of the Safeguards Act to the list of
excluded offences, but does not add a reference to section 26A or 31A. Thus the
power of a protective service officer to effect arrest without a warrant
applies to an offence under section 26A or 31A of the Safeguards
Act.
Australian Radiation Protection and Nuclear Safety Act
1998
Item 72: Subsection 82(1)
55. Section 82 of
the Australian Radiation Protection and Nuclear Safety Act 1998
(“the ARPANS Act”) makes clear that inspectors exercising powers
under that Act are not excused from meeting specified obligations imposed under
the Safeguards Act. Item 72 adds newly created offences under sections 25A and
26A of the Safeguards Act to the application of section 82 of the ARPANS Act.
Thus inspectors are not excused from ensuring the physical security of
associated technology or from ensuring they do not make communications
that prejudice the physical security of nuclear material or an
associated item, as required under the Safeguards
Act.
SCHEDULE 2 – Nuclear test
ban
Comprehensive Nuclear Test-Ban Treaty Act
1998
Item 1 – Section 2
56. Item 1 repeals
Section 2 of the CTBT Act and replaces it with provisions that permit parts of
the Act to be brought into force through proclamation before the day on which
the Treaty enters into force for Australia. If any of those provisions is not
proclaimed earlier, it commences on the day that the Treaty enters into force
for Australia. The item requires also that the Minister must announce that day
by notice in the Gazette. The table details the application of these
arrangements as follows:
(a) Sections 3 to 7, which deal with the application
of the Act may be brought into force early
(b) Part 2 of the Act, which deals
with the Ban on Nuclear Explosions may be brought into force early
(c) Part 3
of the Act, which deals with clarification and consultation on Treaty
compliance, and with the conduct of on-site inspections may only come into force
with the Treaty
(d) Part 4, Division 1 which deals with the establishment and
operation of monitoring facilities may be brought into force early
(e) Part
4, Divisions 2 and 3 which confer powers in relation to use of land for
monitoring facilities may only come into force with the Treaty
(f) Parts 5
and 5 of the Act, which deal with establishment of Australia’s national
authority for the CTBT, and with miscellaneous matters may be brought into force
early
(g) Schedule 1 of the Act, which contains the text of the
CTBT.
Items 2-5 – Section 7
57. Item 2 amends Section
7 of the CTBT Act by inserting a definition for clarification inspection
area, being an area specified by the Minister in a declaration under section
16A where an inspection under Division 3 of Part 3 may be carried
out.
58. Item 3 amends Section 7 of the CTBT Act by inserting a
definition for inspection area, being an area specified by the Minister
in a declaration under section 17A where an inspection under Division 2 of Part
3 may be carried out. The use of this term brings the language of the CTBT Act
more closely in conformity to that used in the CTBT. Section 17A is inserted by
Item 26 of the Schedule.
59. Item 4 repeals the definition of
inspection site. The term inspection area inserted by Item 3
supersedes that term.
60. Item 5 repeals the definition of
occupier and replaces it with a definition that does not require
reference to the term inspection site, which is repealed by Item
4.
Item 6: Division 2 of Part 3 (heading)
61. Item 6
repeals the heading “Division 2—On-site inspections” and
replaces it with “Division 2—On-site inspections etc”. The
new heading reflects a broadening in the scope of the division to include
provisions which enable the Director to respond to a request for clarification
in connection with an on-site inspection.
Item 7 – Subsections
11(1) and (2)
62. Item 7 repeals subsections 11(1) and 11(2) of the
CTBT Act and replaces them with revised provisions. Under the revised
subsection 11(1):
(a) The Director is given the power to provide the CTBT
Organization with information in response to the concern raised in the request
for an on-site inspection, as required by Article IV of the CTBT; and
(b) a
declaration by the Minister to specify where the inspection will take place
should specify an inspection area, rather than specific premises. Use of
the term inspection area accords more closely with the language of the
CTBT.
63. The revised Subsection 11(2) sets out the right of an
Organization inspector to enter premises anywhere within an inspection
area, either with the consent of an occupier, or by warrant. The repealed
subsection expressed this power in relation to the occupier of an inspection
site. Item 4 repeals the latter term.
Items 8-25 - Premises in an
inspection area
64. These items update terms used in the CTBT Act
that refer to the locations where national inspectors, Organisation
inspectors and any observer may have access, and the powers the
inspectors may exercise. Prior to these amendments the sections 11, 12 and 15
of the CTBT Act refer to access to and exercise of powers at premises which
constitute an inspection site. The amended provisions refer to premises in an
inspection area, since an inspection area as defined by the CTBT may
comprise multiple premises.
Item 26 – After section
17
65. Item 26 adds a provision under which the Minister may make a
declaration specifying a clarification inspection area. Such a declaration
defines an area within which activities pursuant to the provisions of Division 3
of Part 3 (Clarification Procedures) of the CTBT Act may take
place.
Item 27-37 Premises in a clarification inspection
area
66. These items update terms used in the CTBT Act that refer to
the locations where national inspectors and foreign country
inspectors may have access, and the powers the inspectors may exercise.
Prior to these amendments the sections 17, 18, 19, 20, 21, 22, 24 and 26 of the
CTBT Act refer to access to and exercise of powers at particular premises. The
amended provisions refer to premises in a clarification inspection area,
since the latter may comprise multiple premises.
Item 38 –
Section 27
67. This item omits the reference to a preliminary
inspection in Section 27 as the concept of such an inspection is not applicable
to on-site inspection under the CTBT.
Item 39 – Section
28
68. This item clarifies Section 28 by making clear that any
modification to planning for Managed Access purposes should apply to any
inspection plan, and not only an initial inspection plan.
Item 40, 41
– Subsection 41(1)
69. These items update terms used in Section
41 of the CTBT Act that refer to access to locations by inspectors. Prior to
these amendments the section refers to access to premises which constitute an
inspection site. The amended provisions refer to access to premises in an
inspection area.
SCHEDULE 3 – Alternative
Names
Chemical Weapons (Prohibition) Act
1994
Item 1 – At the end of section
86
70. Section 86 of the CWP Act provides for designation of an
office within the Department or an agency for which the Minister is responsible,
or of a statutory office established under legislation for which the Minister is
responsible as Director of the Chemical Weapons Convention Office. This item
provides that the Minister may, by notice in the Gazette, specify an
alternative title to be used when referring to the position of
Director.
Item 2 – At the end of section
88
71. Section 88 of the CWP Act provides for an office within which
the position mentioned in section 86 is located to be designated the Chemical
Weapons Convention Office - to function as Australia’s National Authority
as defined in Article VII of the Chemical Weapons Convention. This item
provides that the Minister may, by notice in the Gazette, specify an
alternative name to be used when referring to that
Office.
Comprehensive Nuclear Test-Ban Treaty Act
1998
Item 3 – At the end of section
62
72. Section 62 of the CTBT Act provides for designation of an
agency for which the Minister is responsible, or a unit within such an agency or
within the Minister’s Department, as the Australian Comprehensive Test Ban
Office to, inter-alia, ensure the effective operation of the Act, and to
exercise certain powers under it. This Office will function as
Australia’s National Authority as defined in Article III of the CTBT.
This item provides that the Minister may, by notice in the Gazette,
specify an alternative name to be used when referring to that Office. The item
provides further that notice of an alternative name may be incorporated with the
notice to be made under section 62 of the Act to first designate the
Office.
Item 4 – At the end of section 63
73. Section
63 of the CTBT Act provides for designation of a position within the agency or
unit referred to in section 62 of the Act as Director of the Australian
Comprehensive Test Ban Office. This item provides that the Minister may, by
notice in the Gazette, specify an alternative title to be used when
referring to the position of Director. The item provides further that notice of
an alternative name may be incorporated with the notice to be made under section
63 of the Act to first designate the Director.
Nuclear
(Non-Proliferation) Safeguards Act 1987
Item 5 – At the
end of section 42
74. Section 42 of the Safeguards Act establishes
the statutory position of Director of Safeguards. This item provides that the
Minister may, by notice in the Gazette, specify an alternative title to
be used when referring to the Director.
Item 6 – At the end of
section 54
75. Section 54 of the Safeguards Act establishes the
Australian Safeguards Office, consisting of the Director and staff required to
assist the Director in carrying out or giving effect to the provisions of this
Act. This item provides that the Minister may, by notice in the Gazette,
specify an alternative name to be used when referring to that Office.