Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Civil Nuclear Transfers to India Bill 2016
No. , 2016
(Foreign Affairs and Trade)
A Bill for an Act to make certain provision in
relation to the export of nuclear material and
nuclear-related items, and for related purposes
No. , 2016
Civil Nuclear Transfers to India Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Object of this Act............................................................................... 2
4
Simplified outline of this Act ............................................................ 2
5
Definitions ......................................................................................... 3
6
Act extends to external Territories..................................................... 4
7
Act binds the Crown .......................................................................... 4
8
Requirements applying to export of nuclear material and
nuclear-related items ......................................................................... 4
9
Amendment of the India-IAEA agreement ........................................ 6
10
Rules .................................................................................................. 6
No. , 2016
Civil Nuclear Transfers to India Bill 2016
1
A Bill for an Act to make certain provision in
1
relation to the export of nuclear material and
2
nuclear-related items, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Civil Nuclear Transfers to India Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
Section 3
2
Civil Nuclear Transfers to India Bill 2016
No. , 2016
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Object of this Act
8
The object of this Act is to codify, for the purposes of some Acts
9
and legislative instruments, the content of Australia's obligations,
10
responsibilities and commitments, under the specified international
11
agreements, in relation to the nuclear safeguards to be applied in
12
India.
13
4 Simplified outline of this Act
14
Authorisations must be granted under particular legislation before
15
nuclear material and nuclear-related items can be exported from
16
Australia.
17
Australia has obligations under international agreements in relation
18
to safeguards to be applied in countries to which nuclear material
19
and nuclear-related items are exported.
20
This Act provides that, if particular conditions are met:
21
(a)
the exercise of powers or performance of functions
22
under particular legislation is taken not to be
23
inconsistent with Australia's obligations; and
24
(b)
the person exercising powers or performing functions
25
under particular legislation is taken to have had due
26
Section 5
No. , 2016
Civil Nuclear Transfers to India Bill 2016
3
regard to Australia's obligations, responsibilities and
1
commitments;
2
under specified international agreements, in relation to the
3
safeguards to be applied in India.
4
The conditions relate to specific agreements with India which deal
5
with safeguards.
6
5 Definitions
7
In this Act:
8
Australia-India agreement means the Agreement between the
9
Government of Australia and the Government of India on
10
Cooperation in the Peaceful Uses of Nuclear Energy done at New
11
Delhi on 5 September 2014, as amended from time to time.
12
Note:
The Agreement is in Australian Treaty Series 2015 No. 9 ([2015] ATS
13
9) and could in 2016 be viewed in the Australian Treaties Library on
14
the AustLII website (http://www.austlii.edu.au).
15
export from Australia includes supply from a place in Australia to
16
a place outside Australia.
17
India-IAEA agreement means the following, as amended from
18
time to time:
19
(a) the Agreement between the Government of India and the
20
International Atomic Energy Agency for the Application of
21
Safeguards to Civilian Nuclear Facilities done at Vienna on
22
2 February 2009;
23
(b) the Protocol Additional to the Agreement between the
24
Government of India and the International Atomic Energy
25
Agency for the Application of Safeguards to Civilian Nuclear
26
Facilities done at Vienna on 15 May 2009.
27
Note:
The Agreement and Protocol could in 2016 be viewed on the
28
International Atomic Energy Agency website (https://www.iaea.org).
29
nuclear material has the same meaning as in the Australia-India
30
agreement.
31
Section 6
4
Civil Nuclear Transfers to India Bill 2016
No. , 2016
nuclear-related item means any of the following, within the
1
meaning of the Australia-India agreement:
2
(a) a component;
3
(b) equipment;
4
(c) non-nuclear material;
5
(d) technology.
6
rules means rules made under section 10.
7
specified international agreements means the following:
8
(a) the Treaty on the Non-Proliferation of Nuclear Weapons
9
done at London, Moscow and Washington on 1 July 1968;
10
(b) the South Pacific Nuclear Free Zone Treaty done at
11
Rarotonga on 6 August 1985.
12
Note 1:
The Treaty on the Non-Proliferation of Nuclear Weapons is in
13
Australian Treaty Series 1973 No. 3 ([1973] ATS 3) and could in 2016
14
be viewed in the Australian Treaties Library on the AustLII website
15
(http://www.austlii.edu.au).
16
Note 2:
The South Pacific Nuclear Free Zone Treaty is in Australian Treaty
17
Series 1986 No. 32 ([1986] ATS 32) and could in 2016 be viewed in
18
the Australian Treaties Library on the AustLII website
19
(http://www.austlii.edu.au).
20
6 Act extends to external Territories
21
This Act extends to every external Territory.
22
7 Act binds the Crown
23
This Act binds the Crown in each of its capacities.
24
8 Requirements applying to export of nuclear material and
25
nuclear-related items
26
(1) If:
27
(a) a power is exercised, or a function is performed, for the
28
purposes of:
29
(i) the Nuclear Non-Proliferation (Safeguards) Act 1987;
30
or
31
Section 8
No. , 2016
Civil Nuclear Transfers to India Bill 2016
5
(ii) an Act or legislative instrument prescribed by the rules
1
for the purposes of this subparagraph; and
2
(b) the conditions in subsection (3) are met at the time the power
3
or function is exercised or performed;
4
then, so far as the exercise or performance is in connection with the
5
export from Australia of nuclear material or of a nuclear-related
6
item, it is taken not to be inconsistent with Australia's obligations,
7
under the specified international agreements, in relation to the
8
nuclear safeguards to be applied in India.
9
(2) If:
10
(a) a power is exercised, or a function is performed, by a person
11
for the purposes of:
12
(i) the Defence Trade Controls Act 2012; or
13
(ii) the Customs (Prohibited Exports) Regulations 1958; or
14
(iii) an Act or legislative instrument prescribed by the rules
15
for the purposes of this subparagraph; and
16
(b) the conditions in subsection (3) are met at the time the power
17
or function is exercised or performed;
18
then, so far as the exercise or performance is in connection with the
19
export from Australia of nuclear material or of a nuclear-related
20
item, the person is taken to have had due regard to Australia's
21
obligations, responsibilities and commitments, under the specified
22
international agreements, in relation to the nuclear safeguards to be
23
applied in India.
24
(3) The conditions are:
25
(a) the Australia-India agreement is in force; and
26
(b) the India-IAEA agreement is in force; and
27
(c) the person exercising the power or performing the function is
28
satisfied that the nuclear material or nuclear-related item will
29
be subject to safeguards under the India-IAEA agreement if
30
supplied to a place in India.
31
(4) This section applies to the exercise of a power or performance of a
32
function before, on or after commencement of this Act.
33
Section 9
6
Civil Nuclear Transfers to India Bill 2016
No. , 2016
9 Amendment of the India-IAEA agreement
1
If the India-IAEA agreement is amended, the Minister must, by
2
notifiable instrument, give notice of the amendment.
3
10 Rules
4
(1) The Minister may, by legislative instrument, make rules
5
prescribing matters:
6
(a) required or permitted by this Act to be prescribed by the
7
rules; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Act.
10
(2) To avoid doubt, the rules may not do the following:
11
(a) create an offence or civil penalty;
12
(b) provide powers of:
13
(i) arrest or detention; or
14
(ii) entry, search or seizure;
15
(c) impose a tax;
16
(d) set an amount to be appropriated from the Consolidated
17
Revenue Fund under an appropriation in this Act;
18
(e) directly amend the text of this Act.
19