nuclear application and use; or

non-nuclear application and use.

appoint includes re-appoint.

appointed member means a member of the Board other than the Chief Executive Officer.

Board means the Board of Directors of the Organisation.

Chairperson means Chairperson of the Board.

Chief Executive Officer means the Chief Executive Officer of the Organisation.

commencing day means the day of commencement of this Act.

Commonwealth contractor means:

a person who is a party to a contract with the Commonwealth or a Commonwealth entity; or

a person who is a subcontractor for a contract with the Commonwealth or a Commonwealth entity.

Commonwealth entity means:

a body corporate established for a public purpose by or under an Act; or

a company in which a controlling interest is held by any one of the following persons, or any 2 or more of the following persons together:

the Commonwealth;

a body covered by paragraph (a).

Deputy Chairperson means Deputy Chairperson of the Board.

employee means an employee referred to in subsection 24(1).

Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.

Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901.

law enforcement agency means:

the Australian Federal Police; or

a police force of a State or Territory; or

the Immigration and Border Protection Department; or

any other authority or person responsible for the enforcement of the laws of the Commonwealth, a State or a Territory.

member of the staff of the Organisation means:

the Chief Executive Officer; or

an officer or employee.

non-staff member means a member of the Board who is not a member of the staff of the Organisation.

officer means an officer referred to in subsection 24(1).

Organisation means the Australian Nuclear Science and Technology Organisation constituted under this Act.

scientific research, innovation and training includes the following, whether or not related to nuclear science and nuclear technology: any activities in the fields of natural or applied science (including engineering and technology) for the extension or application of knowledge; (b) any activities that involve innovation or high levels of technical risk for the purposes of creating new or improved materials, products, devices or processes; the education and training of persons in matters related to activities mentioned in paragraph (a) or (b).

any activities in the fields of natural or applied science (including engineering and technology) for the extension or application of knowledge;

(b) any activities that involve innovation or high levels of technical risk for the purposes of creating new or improved materials, products, devices or processes;

the education and training of persons in matters related to activities mentioned in paragraph (a) or (b).

securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.

share means a share in the capital of the company and includes stock.

spent nuclear fuel means material that: is or was capable of producing energy by a self-sustaining chain process of nuclear fission; and has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph (a) applies in such an arrangement that a self-sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons). subcontractor, for a contract, means a person who is a party to: (a) a contract with a Commonwealth contractor (within the meaning of paragraph (a) of the definition of Commonwealth contractor); or a contract with another subcontractor (under a previous application of this definition).

is or was capable of producing energy by a self-sustaining chain process of nuclear fission; and

has been irradiated in, and permanently removed from, a nuclear reactor (which is a structure containing material to which paragraph (a) applies in such an arrangement that a self-sustaining chain process of nuclear fission can occur in the structure without an additional source of neutrons).

subcontractor, for a contract, means a person who is a party to:

(a) a contract with a Commonwealth contractor (within the meaning of paragraph (a) of the definition of Commonwealth contractor); or

a contract with another subcontractor (under a previous application of this definition).

creating, executing, entering into, drawing, making, accepting, indorsing, issuing, discounting, selling, purchasing or reselling securities;

creating, selling, purchasing or reselling rights or options in respect of securities; and

entering into agreements or other arrangements relating to securities.

shall have a seal; and

may sue and be sued.

to undertake research and development in relation to:

nuclear science and nuclear technology; and

the application and use of nuclear science and nuclear technology; and

the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; and

such other matters as the Minister directs; and

to encourage and facilitate the application and use of the results of such research and development; and

to condition, manage and store radioactive materials and radioactive waste, arising from:

the Organisation’s activities (including the production of radioactive materials for other persons); or

the activities of companies in which the Organisation holds a controlling interest (including the production of radioactive materials for other persons); or

the use by other persons of radioactive materials produced by the Organisation or such companies; or

the activities of other persons who are specified in the regulations; and

to condition, manage and store radioactive materials and radioactive waste generated, possessed or controlled by the Commonwealth or a Commonwealth entity; and

to condition, manage and store radioactive materials and radioactive waste at the request of:

a law enforcement agency; or

a Commonwealth, State or Territory agency responsible for the management of emergencies or disasters;

including, but not limited to, radioactive materials or radioactive waste involved in, or arising out of, a radiological incident or a radiological emergency; and

to condition, manage and store radioactive waste that has been, or is to be, sent to Australia under contractual arrangements relating to the conditioning or reprocessing of ANSTO spent nuclear fuel; and

to produce, acquire, provide and sell goods, and to provide services, that are:

in connection with the production and use of radioisotopes, and the use of isotopic techniques and nuclear radiation, for medicine, science, industry, commerce and agriculture; or

in connection with the conditioning, management and storage of radioactive materials or radioactive waste; or

in connection with nuclear science and nuclear technology; or

in connection with the application and use of nuclear science and nuclear technology; or

otherwise in connection with matters related to its activities; and

to act as a means of liaison between and other countries in matters related to its activities; and

to provide advice on aspects of:

nuclear science and nuclear technology; and

the application and use of nuclear science and nuclear technology; and

other matters related to its activities; and

to make available to other persons, whether or not on a commercial basis, the knowledge, expertise, equipment, facilities, resources and property of the Organisation by:

providing training and management expertise; or

selling or leasing equipment; or

leasing land, buildings and facilities; or

taking any other action that the Organisation thinks appropriate; and

to co-operate with appropriate authorities of the Commonwealth, the States and the Territories, and with other organisations and institutions in or elsewhere, in matters related to its activities; and

to publish scientific and technical reports, periodicals and papers on matters related to its activities; and

to collect and sell or distribute, as appropriate, information and advice on matters related to its activities; and

to arrange for training, and the establishment and award of scientific research studentships and fellowships, in matters related to its activities; and

to make grants in aid of research into matters related to its activities; and

to make arrangements with universities and other educational research institutions, professional bodies and other persons for the conduct of research or of other activities in matters related to its activities.

radioactive materials and radioactive waste generated by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be generated by the Commonwealth or the Commonwealth entity, as the case requires; and

radioactive materials and radioactive waste possessed or controlled by a Commonwealth contractor under a contract between the Commonwealth contractor and the Commonwealth or a Commonwealth entity are taken to be possessed or controlled by the Commonwealth or the Commonwealth entity, as the case requires.

the Commonwealth Government’s national science, technology and energy policy objectives; and

the Commonwealth Government’s commercialisation objectives for public research institutions.

to enter into contracts;

to acquire, hold and dispose of real or personal property;

to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Organisation;

to erect buildings and structures and carry out works;

to form, or participate in the formation of, a company or partnership;

to appoint agents and attorneys, and to act as an agent for other persons;

to engage persons to perform services for the Organisation;

to design, produce, construct and operate equipment and facilities; and

to do anything incidental to any of its powers.

for purposes relating to activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation; or

for purposes relating to trade and commerce:

between Australia and places outside Australia; or

among the States; or

within a Territory, between a State and a Territory or between 2 Territories; or

for purposes relating to postal, telegraphic, telephonic or other like services; or

for purposes relating to the security or defence of Australia; or

for purposes relating to astronomical and meteorological observations; or

for purposes relating to statistics; or

for purposes relating to weights and measures; or

for purposes relating to copyrights, patents of inventions and designs, and trade marks; or

for purposes relating to the provision of medical and dental services; or

for purposes related to external affairs, including:

giving effect to any international agreement to which Australia is a party; and

addressing matters of international concern; and

by way of the performance of its functions in a place outside Australia; or

for purposes relating to the relations of the Commonwealth with the islands of the Pacific; or

in, or for purposes relating to, a Territory; or

(m) in, or for purposes relating to, a Commonwealth place (within the meaning of the Commonwealth Places (Application of Laws) Act 1970); or

for purposes relating to matters incidental to the execution of any of the legislative powers of the Parliament or the executive power of the Commonwealth.

cause to be prepared a statement setting out particulars of, and the reasons for, the subscription or purchase; and

cause a copy of the statement to be laid before each House of the Parliament within 15 sitting days of that House after:

subject to subparagraph (ii), the subscription or purchase took place; or

if the Minister is of the opinion that the disclosure of the subscription or purchase would affect adversely the commercial interests of the Organisation, the Minister ceases to be of that opinion.

the Organisation; or

the Organisation’s property or transactions; or

anything done by or on behalf of the Organisation.

the company; or

the company’s property or transactions; or

anything done by or on behalf of the company.

the use or proposed use of land or premises; or

the environmental consequences of the use of land or premises; or

radioactive materials or dangerous goods; or

licensing in relation to:

employment; or

carrying on a particular kind of business or undertaking; or

conducting a particular kind of operation.

the Organisation; or

the property or transactions of the Organisation; or

any act or thing done by or on behalf of the Organisation.

subordinate legislation; and

a provision of a law.

the Chief Executive Officer; and

at least 5, but not more than 8, other members.

the number of non-staff members does not constitute a majority of the members of the Board; or

as a result of the appointment, the number of non-staff members would not constitute such a majority.

such remuneration as is determined by the Remuneration Tribunal; and

such allowances as are prescribed.

such fee as is determined by the Remuneration Tribunal; and

such allowance as is prescribed.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

is absent:

in the case of the Chairperson, except on leave of absence granted by the Minister; or

in any other case, except on leave of absence granted by the Chairperson;

from 3 consecutive meetings of the Board;

the Governor-General shall terminate the appointment of the member.

shall convene such meetings of the Board as the Chairperson considers necessary for the efficient performance of the functions of the Board; and

shall convene a meeting of the Board on receipt of a written request signed by not fewer than 2 other members.

the Deputy Chairperson shall preside at the meeting; or

if the Deputy Chairperson is not present at the meeting—the members present shall appoint one of their number to preside at the meeting.

the number of members present constitute a majority of the members for the time being holding office; and

a majority of the members present are non-staff members.

there would be a quorum if that member were present; and

a majority of the remaining members are non-staff members;

the remaining members present constitute a quorum for the purpose of any deliberation or decision of the Board at that meeting with respect to that matter.

during a vacancy in the office of Deputy Chairperson (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Deputy Chairperson is absent from duty or from or is, for any other reason (including the reason that the Deputy Chairperson is acting as Chairperson) unable to perform the duties of the office of Deputy Chairperson.

determine the terms and conditions, including remuneration and allowances, if any, on which a person is to act under this section; and

terminate an appointment under this section at any time.

be present during a deliberation of the Board with respect to the appointment of the Chief Executive Officer; or

take part in the making of a decision with respect to such an appointment;

and a quorum for the purposes of such a deliberation or decision is a majority of the non-staff members for the time being holding office.

becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

is absent, except on leave of absence granted by the Board, from 3 consecutive meetings of the Board; or

is absent from duty, except on leave of absence granted by the Board, for 14 consecutive days or for 28 days in any 12 months; or

fails, without reasonable excuse, to comply with his or her obligations under section 22.

during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or

during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

determine the terms and conditions of appointment, excluding remuneration and allowances, of a person acting as Chief Executive Officer; and

terminate such an appointment at any time.

so much of any remuneration payable to the Chief Executive Officer as exceeds the remuneration that so continues to be paid to the officer;

so much of any allowance payable to the Chief Executive Officer as exceeds the corresponding allowance that so continues to be paid to the officer; and

if an allowance is payable to the Chief Executive Officer in respect of which there is no corresponding allowance payable to the officer—that allowance.

in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Organisation in the performance of its functions and the exercise of its powers;

in payment of remuneration and allowances payable under this Act (other than Part VIIA); and

in making any other payments required or permitted to be made by the Organisation.

a security issued by the Organisation;

the issue, redemption, transfer, sale or purchase of such a security, not including a transaction entered into without consideration or for an inadequate consideration; or

a document executed by or on behalf of the Organisation, or any transaction, in relation to the borrowing of money by the Organisation.

securities included in a specified class, or specified classes, of securities; and

transactions included in a specified class, or specified classes, of transactions.

money or other property held by the Organisation on trust shall be applied or dealt with only in accordance with the powers and duties of the Organisation as trustee; and

money held by the Organisation on trust may be invested:

in any manner in which the Organisation is authorised to invest that money by the terms of the trust; or

in any manner in which trust money may, for the time being, be invested under law;

but not otherwise.

this power of delegation; and

the Minister’s powers under subparagraph 5(1)(a)(iii), subsection 9(10) and sections 11, 17 and 46.

representatives of the Organisation; and

either or both of the following:

representatives of organisations of officers and full-time employees of the Organisation;

representatives of officers and full-time employees of the Organisation.