Australian Nuclear Science and Technology Organisation Amendment Act 2017

No. 109, 2017

An Act to amend the Australian Nuclear Science and Technology Organisation Act 1987, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Australian Nuclear Science and Technology Organisation Act 1987 3

An Act to amend the Australian Nuclear Science and Technology Organisation Act 1987, and for related purposes

[Assented to 18 September 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Australian Nuclear Science and Technology Organisation Amendment Act 2017.
2 Commencement 1

Each provision of this 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.
Commencement information Commencement information 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. 19 September 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Australian Nuclear Science and Technology Organisation Act 1987

 1 Section 3

Insert:

scientific research, innovation and training includes the following, whether or not related to nuclear science and nuclear technology:

 a

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

 b

(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;

 c

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

 2 Paragraph 5(1)(ea)

Omit “on a commercial basis”, substitute “whether or not on a commercial basis”.

 3 At the end of paragraph 5(1)(ea)

Add:

Note: See also subsection (4A) of this section and subsection 6(3).

 4 After subsection 5(4)

Insert:

 4A

Without limiting paragraph (1)(ea), the Organisation may perform its function under that paragraph for the purposes of scientific research, innovation and training.

 5 Subsection 5(5)

Repeal the subsection.

 6 After section 6

Insert:

 6A Constitutional limits 1

The Organisation may perform its functions only:

 a

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

 b

for purposes relating to trade and commerce:

 i

between Australia and places outside Australia; or

 ii

among the States; or

 iii

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

 c

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

 d

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

 e

for purposes relating to astronomical and meteorological observations; or

 f

for purposes relating to statistics; or

 g

for purposes relating to weights and measures; or

 h

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

 i

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

 j

for purposes related to external affairs, including:

 i

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

 ii

addressing matters of international concern; and

 iii

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

 k

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

 l

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

 m

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

 n

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.

 2

A term used in subsection (1) and the Constitution has the same meaning in that subsection as it has in the Constitution.

[Minister’s second reading speech made in—

Senate on 20 June 2017

House of Representatives on 13 September 2017]

(131/17)