the Director-General;

the Deputy Director-General;

an individual in respect of whom an appointment is in force under section 86.

Australian naval nuclear power safety licence: see section 27.

Australian submarine: see subsection 7(2).

authorised person means a person authorised to conduct a regulated activity under the licence (see paragraphs 27(a) and (b)).

civil penalty order has the same meaning as in the Regulatory Powers Act.

civil penalty provision has the same meaning as in the Regulatory Powers Act.

Commonwealth company has the same meaning as in subsection 89(1) of the Public Governance, Performance and Accountability Act 2013.

Commonwealth contractor: see subsection 29(2).

Commonwealth entity has the same meaning as in section 10 of the Public Governance, Performance and Accountability Act 2013.

Commonwealth officer means:

a Minister; or

(b) an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non-corporate Commonwealth entity, including (to avoid doubt):

a member of the Australian Defence Force; and

(ii) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979).

Commonwealth-related person: see subsection 29(1).

corporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Public Governance, Performance and Accountability Act 2013.

defence staff member means any of the following: the Chief of the Defence Force or the Vice Chief of the Defence Force; the Chief of Navy, the Chief of Army or the Chief of Air Force; (c) a member of the Permanent Forces (within the meaning of the Defence Act 1903); (d) a member of the Reserves (within the meaning of the Defence Act 1903); the Secretary of the Department or an APS employee in the Department; the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency.

the Chief of the Defence Force or the Vice Chief of the Defence Force;

the Chief of Navy, the Chief of Army or the Chief of Air Force;

(c) a member of the Permanent Forces (within the meaning of the Defence Act 1903);

(d) a member of the Reserves (within the meaning of the Defence Act 1903);

the Secretary of the Department or an APS employee in the Department;

the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency.

Deputy Director-General means the Deputy Director-General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 108.

designated zone: see subsection 10(2).

Director-General means the Director-General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 106.

engage in conduct means:

do an act; or

omit to perform an act.

evidential material means any of the following: (a) a thing with respect to which an offence provision, or a civil penalty provision, of this Act has been contravened or is suspected, on reasonable grounds, to have been contravened; a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision; a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision. facility activity: see section 11.

(a) a thing with respect to which an offence provision, or a civil penalty provision, of this Act has been contravened or is suspected, on reasonable grounds, to have been contravened;

a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision;

a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision.

facility activity: see section 11.

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

foreign naval or government vessel means any of the following: a warship or other vessel that: is operated for naval or military purposes by a foreign country; and is under the command of a member of the armed forces of the foreign country; and bears external marks of nationality; and is manned by seafarers under armed forces discipline (however described); a vessel that is used by a foreign country, for the time being, on government non-commercial service as a naval auxiliary; a vessel used by a foreign country, for the time being, for customs or law enforcement purposes.

a warship or other vessel that:

is operated for naval or military purposes by a foreign country; and

is under the command of a member of the armed forces of the foreign country; and

bears external marks of nationality; and

is manned by seafarers under armed forces discipline (however described);

a vessel that is used by a foreign country, for the time being, on government non-commercial service as a naval auxiliary;

a vessel used by a foreign country, for the time being, for customs or law enforcement purposes.

function includes power, obligation or duty.

identity card means a card issued to the inspector under section 87.

improvement notice: see subsection 77(1).

inspector means an Australian Naval Nuclear Power Safety Inspector.

investigation area means any of the following (including while it is not complete): an Australian submarine; a designated zone; an NNP facility or other premises within a designated zone; any other premises; but does not include a foreign naval or government vessel. investigation powers: see section 48 and subsections 49(2) and 52(2).

an Australian submarine;

a designated zone;

an NNP facility or other premises within a designated zone;

any other premises;

but does not include a foreign naval or government vessel.

investigation powers: see section 48 and subsections 49(2) and 52(2).

investigation warrant means:

a warrant issued by an issuing officer under section 68; or

a warrant signed by an issuing officer under section 69.

ionising radiation: see subsection 15(3).

issuing officer: see subsection 95(1).

licence: means an Australian naval nuclear power safety licence.

material activity: see section 14.

member of the Regulator: see subsection 101(2).

monitoring area means any of the following (including while it is not complete): an Australian submarine; a designated zone; (c) an NNP facility or other premises within a designated zone; but does not include a foreign naval or government vessel. monitoring powers: see section 41 and subsection 42(1). NNP equipment or plant: see subsection 15(2). NNP facility: see section 12. NNP material: see subsection 15(1).

an Australian submarine;

a designated zone;

(c) an NNP facility or other premises within a designated zone;

but does not include a foreign naval or government vessel.

monitoring powers: see section 41 and subsection 42(1).

NNP equipment or plant: see subsection 15(2).

NNP facility: see section 12.

NNP material: see subsection 15(1).

non-corporate Commonwealth entity has the same meaning as in paragraph 11(b) of the Public Governance, Performance and Accountability Act 2013.

non-ionising radiation: see subsection 15(4).

nuclear safety includes:

(a) in all cases—protecting the health and safety of people, and the environment, from the harmful effects of ionising radiation and non-ionising radiation; and

(b) in relation to an activity that is a regulated activity—the following matters to the extent they relate to the matters in paragraph (a):

the implementation of proper operating conditions for the activity;

the prevention of accidents relating to the activity;

the mitigation of the consequences of such accidents (if they occur).

nuclear safety incident: see subsection 21(2).

occupier, in relation to a monitoring area, an investigation area or premises, includes an individual present in the area or premises who is in apparent control of the area or premises.

offence provision, of this Act, includes an offence provision of the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act.

Osborne designated zone: see subsection 10(4).

paid work: see subsection 114(2).

person assisting an inspector: see subsection 88(1).

premises includes the following: a structure, building, vehicle, vessel or aircraft, that is in Australia; a place (whether or not enclosed or built on) that is in Australia; a part of a thing referred to in paragraph (a) or (b); but does not include a foreign naval or government vessel. prohibition notice: see subsection 78(2).

a structure, building, vehicle, vessel or aircraft, that is in Australia;

a place (whether or not enclosed or built on) that is in Australia;

a part of a thing referred to in paragraph (a) or (b);

but does not include a foreign naval or government vessel.

prohibition notice: see subsection 78(2).

radioactive waste management facility includes a facility for managing, storing or disposing of radioactive waste.

reasonably practicable: see subsection (2).

regulated activity: see section 9.

Regulator means the Australian Naval Nuclear Power Safety Regulator established under section 100.

Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.

relevant person means the following: if the area is an Australian submarine or another vessel—the commanding officer of the submarine or master of the vessel, or an individual who apparently represents the commanding officer or master; if the area is an aircraft—the pilot in command, a crew member, or the operator, of the aircraft, or an individual who apparently represents the pilot in command or the operator of the aircraft; otherwise—any owner or occupier of the area, or an individual who apparently represents an owner or occupier of the area.

if the area is an Australian submarine or another vessel—the commanding officer of the submarine or master of the vessel, or an individual who apparently represents the commanding officer or master;

if the area is an aircraft—the pilot in command, a crew member, or the operator, of the aircraft, or an individual who apparently represents the pilot in command or the operator of the aircraft;

otherwise—any owner or occupier of the area, or an individual who apparently represents an owner or occupier of the area.

spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.

staff of the Regulator means the persons referred to in subsection 118(1).

Stirling designated zone: see subsection 10(3).

submarine activity: see section 13.

this Act includes instruments made under this Act.

UK/US submarine: see subsection 7(3).

the likelihood of the hazard or risk concerned eventuating; and

the degree of harm that might result from the hazard or risk concerned eventuating; and

what the person concerned knows, or ought reasonably to know, about:

the hazard or the risk concerned; and

ways of eliminating or minimising the hazard or risk concerned; and

the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and

after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned.

an Australian submarine; or

a UK/US submarine;

and includes such a submarine that is not complete (for example, because it is being constructed).

the storage in Australia of spent nuclear fuel that is not from an Australian submarine;

the disposal in Australia of spent nuclear fuel that is not from an Australian submarine.

a nuclear fuel fabrication plant;

a nuclear power plant;

an enrichment plant;

a reprocessing facility.

the Stirling designated zone;

the Osborne designated zone;

any other area in Australia that is prescribed by the regulations to be a designated zone.

having possession or control of NNP material or NNP equipment or plant in a designated zone or an Australian submarine;

using NNP material in a designated zone or an Australian submarine;

using or operating NNP equipment or plant in a designated zone or an Australian submarine;

maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone or an Australian submarine.

emits ionising radiation spontaneously; and

is from, or for use on, an AUKUS submarine.

produces ionising radiation when energised or that would, if assembled or repaired, be capable of producing ionising radiation when energised; or

produces ionising radiation because it contains radioactive material; or

both:

produces harmful non-ionising radiation when energised; and

is prescribed by the regulations.

the person contravenes subsection (1); and

a nuclear safety incident occurs; and

the contravention caused or contributed to the nuclear safety incident.

Offences

the person engages in conduct; and

the conduct is a regulated activity; and

the conduct results in a contravention of subsection (1).

for an individual—imprisonment for 12 years or 700 penalty units, or both; or

for a body corporate—28,000 penalty units.

the person engages in conduct; and

the conduct is a regulated activity; and

the conduct results in a contravention of subsection (1); and

a nuclear safety incident occurs; and

the person is reckless, or negligent, as to whether the conduct would cause or contribute to the nuclear safety incident.

for an individual—imprisonment for 25 years or 1,400 penalty units, or both; or

for a body corporate—57,500 penalty units.

the person conducts an activity; and

the activity is a regulated activity; and

the person does not hold a licence authorising the person to conduct the regulated activity.

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

the person is not the holder of a licence but is authorised by a licence to conduct the regulated activity; or

an exemption granted under section 144 applies to the person in relation to the activity.

Subdivision B—Nuclear safety duties applying to licence holders

the person is the holder of a licence; and

the person engages in conduct; and

the conduct contravenes subsection (1).

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

it relates to nuclear safety; and

it:

results in, or could have resulted in, the death of, serious injury to, or serious illness in, an individual; or

results in, or could have resulted in, a serious environmental incident; or

is of a kind prescribed by the regulations.

must be given to the Regulator immediately after the person becomes aware of the incident; and

must be in writing, or may be given orally but must be confirmed by written notice given to the Regulator as soon as practicable after being given orally; and

must be in the approved form (if any); and

must contain the information (if any) prescribed by the regulations; and

must be given to the Regulator in the manner (if any) prescribed by the regulations.

Civil penalty provision

the person is the holder of a licence; and

the person engages in conduct; and

the conduct contravenes subsection (1).

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

the persons authorised to conduct regulated activities under the licence have the appropriate expertise, training and information to ensure the nuclear safety of those activities; and

those activities are appropriately supervised.

Civil penalty provision

the person is the holder of a licence; and

the person engages in conduct; and

the conduct contravenes subsection (1).

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

the person is the holder of a licence; and

the person engages in conduct; and

the conduct contravenes a licence condition.

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

the person is authorised to conduct a regulated activity under a licence; and

the person engages in conduct; and

the conduct contravenes subsection (1).

for an individual—imprisonment for 3 years or 175 penalty units, or both; or

for a body corporate—7,000 penalty units.

a person is authorised by a licence; and

the person engages in conduct; and

the conduct contravenes a licence condition.

for an individual—imprisonment for 3 years or 175 penalty units, or both; or

for a body corporate—7,000 penalty units.

the Commonwealth; or

a corporate Commonwealth entity; or

a Commonwealth company; or

a Commonwealth contractor.

the person is not a person referred to in paragraph (1)(a), (b) or (c); and

the person is a party to a contract with a person referred to in any of those paragraphs; and

the contract relates to a regulated activity.

specify the regulated activity to be authorised by the licence; and

specify the persons, or class of persons, to be authorised to conduct the regulated activity; and

specify the period of the licence; and

for a licence to authorise a facility activity—specify the designated zone, and the area within that zone, in which the facility activity may be conducted under the licence; and

for a licence to authorise a submarine activity:

for a submarine activity referred to in paragraph 13(a)—specify the designated zone, and the area within that zone, in which the submarine activity may be conducted under the licence; or

for any other submarine activity—specify the Australian submarine in relation to which the submarine activity may be conducted under the licence; and

for a licence to authorise a material activity—specify:

the designated zone or Australian submarine; and

the area within that zone or submarine;

in which the material activity may be conducted under the licence; and

for an application made by the Commonwealth—specify the non-corporate Commonwealth entity or Commonwealth officer who is making the application on behalf of the Commonwealth; and

be in writing; and

be in the approved form (if any); and

contain the information (if any) prescribed by the regulations; and

be accompanied by the documents (if any) prescribed by the regulations; and

be given to the Regulator in the manner (if any) prescribed by the regulations.

one or more regulated activities; and

one or more designated zones, or areas of designated zones; and

one or more AUKUS submarines.

be satisfied:

that the applicant will be able to comply with the conditions of the licence; and

of any matter prescribed by the regulations; and

take into account:

international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion; and

any matter prescribed by the regulations.

any or all of the regulated activities specified in the application; and

any or all of the persons, or class of persons, specified in the application; and

regulated activities to be conducted in any or all of the designated zones, or areas in those zones, specified in the application.

the condition set out in subsection (2);

the conditions prescribed by the regulations;

conditions specified by the Regulator in the licence at the time of issuing the licence;

any conditions specified by the Regulator under subsection 34(2) after the licence is issued.

breaches of the licence conditions that apply to the licence holder (other than this condition); and

breaches of any licence conditions that apply to persons authorised to conduct regulated activities under the licence.

nuclear safety management systems;

nuclear safety incident reporting;

the expertise, training and supervision of authorised persons;

plans or arrangements about any of the following:

nuclear safety;

organisational structure, resourcing and culture relating to nuclear safety;

interaction with other regulated activities conducted in the same designated zone or in relation to the same Australian submarine by persons other than those authorised by the licence (for example, by persons authorised by another licence);

emergency preparedness and response;

prevention and minimisation of nuclear safety incidents;

prevention and minimisation of errors (whether human, mechanical, system or otherwise) and organisational failures;

protection of the environment;

investigation and reporting of breaches of licence conditions;

record-keeping;

compliance with applicable standards and codes;

maintaining effective control over regulated activities;

security;

interaction with obligations imposed by other laws;

management of radioactive waste;

disposal or decommissioning of something relating to a regulated activity.

for an indefinite period; or

for a period specified in the licence.

it is cancelled or surrendered; or

if the licence was issued for a specified period—the end of that period (or that period as extended under paragraph 34(2)(d)), unless earlier cancelled or surrendered.

impose additional licence conditions; or

remove or vary licence conditions that were imposed by the Regulator; or

extend or reduce the authority granted by the licence (including by adding or removing the regulated activities authorised by the licence, or by adding or removing persons or classes of persons authorised to conduct regulated activities); or

if the licence was issued for a specified period—extend that period.

on written application by the licence holder; or

on the Regulator’s own initiative.

a condition of the licence has been breached, whether by the licence holder or by a person authorised by the licence; or

the Regulator believes on reasonable grounds that the licence holder, or a person authorised by the licence, has:

committed an offence against this Act; or

contravened a civil penalty provision of this Act; or

the licence was obtained improperly.

on written application by the licence holder; or

on the Regulator’s own initiative.

Requirement to suspend licence

protecting human life; or

ensuring nuclear safety; or

dealing with an emergency involving a serious threat to the environment.

Special provisions for suspending licences

comes into force on the day specified by the Regulator in writing or, if no day is so specified, on the day the licence holder is notified in writing of the suspension; and

remains in force until:

the end of the period specified in writing by the Regulator, which must not exceed the period prescribed by the regulations; or

if no period is specified—the end of the period prescribed by the regulations;

unless it is cancelled or surrendered earlier.

the Regulator is proposing to take any of the following action:

vary a licence under subsection 34(1);

suspend or cancel a licence under subsection 35(1); and

the licence holder did not apply to the Regulator under subsection 34(3) or 35(2) to take that action.

give the licence holder a notice, in writing, inviting the licence holder to show cause, within a reasonable period specified in the notice, why the action should not be taken; and

consider any representations the licence holder makes to the Regulator within that period.

for a decision relating to a refusal to issue a licence, or to issue a licence on terms that are different from those applied for—the applicant for the licence; and

for a decision relating to varying, suspending, cancelling or surrendering a licence—the licence holder.

the terms of the decision; and

the reasons for the decision; and

a statement setting out particulars of the person’s right to have the decision reviewed under this section.

be in the approved form; and

contain the information required by the regulations; and

be made within:

30 days after the day on which the written notice of the decision was given to the relevant person; or

such longer period as allowed by the Regulator either before or after the end of the 30-day period.

was not involved in making the original decision; and

occupies a position that is senior to that occupied by any person involved in making the original decision.

make a decision affirming, varying or revoking the original decision; and

if the person revokes the original decision—make such other decision as the person thinks appropriate.

if the Director-General made the original decision—the original decision; or

a decision made under subsection (7) on internal review of the original decision.

determining whether this Act has been, or is being, complied with; or

determining whether information provided under, or for the purposes of, this Act is correct; or

(c) investigating a nuclear safety incident if, at the time the inspector enters the monitoring area or exercises a monitoring power (other than under subsection 42(1)) in relation to the monitoring area, the inspector does not reasonably suspect that the incident involves a contravention of an offence provision, or a civil penalty provision, of this Act.

Entry with or without consent

the power to search the monitoring area and any thing in the monitoring area;

the power to examine or observe any activity conducted in the monitoring area;

the power to inspect, examine, take measurements of or conduct tests on any thing in the monitoring area;

(d) the power to make any still or moving image or any recording (including a sound recording) of the monitoring area, or of any person, conversation or any thing in the monitoring area;

the power to inspect any document in the monitoring area;

the power to take extracts from, or make copies of, any such document;

the power to take into the monitoring area such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the monitoring area;

the powers set out in subsections (2) and (3) and subsection 42(1).

Powers relating to operating equipment

operate equipment in the monitoring area; and

use a device that is in the monitoring area and can be used with the equipment or is associated with it;

to determine whether the equipment or the device contains information relevant to a purpose referred to in paragraph 40(1)(a), (b) or (c).

the power to operate equipment in the monitoring area to put the information in documentary form and remove the documents from the monitoring area;

the power to operate equipment in the monitoring area to transfer the information to a device that:

is brought into the monitoring area for the exercise of the power; or

is in the monitoring area and the use of which for that purpose has been agreed in writing by a relevant person in relation to the monitoring area;

and remove the device from the monitoring area.

the thing is found during the exercise of a monitoring power under section 41; and

an inspector reasonably believes that:

a provision of this Act (including an offence provision, or a civil penalty provision, of this Act) has been contravened with respect to the thing; or

the thing affords evidence of the contravention of a provision referred to in subparagraph (i); or

the thing is intended to be used for the purpose of contravening a provision referred to in subparagraph (i); or

the thing affords evidence that information provided under, or for the purposes of, this Act is not correct; or

the thing affords evidence in relation to an incident referred to in paragraph 40(1)(c); and

the inspector reasonably believes that it is necessary:

to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and

to secure the thing without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent.

the exercise of the power; and

the grounds for the inspector’s belief under paragraph (1)(c).

a thing is found during the exercise of a monitoring power under section 41; and

an inspector reasonably believes that:

the thing is evidential material; and

any of the powers under subsection (2) needs to be exercised without a warrant because it is not practicable to obtain a warrant or the circumstances are serious and urgent.

the power to take a sample of the thing and remove the sample from the monitoring area;

if the inspector is reasonably satisfied that securing the thing under section 42 is not sufficient in the circumstances—the power to seize the thing.

it is not practicable to put all the evidential material the thing contains in documentary form as mentioned in paragraph 41(3)(a) or to transfer all the evidential material as mentioned in paragraph 41(3)(b); or

possession of the equipment or device by a relevant person in relation to the monitoring area could constitute an offence against a law of the Commonwealth, a State or a Territory.

Additional provisions applying to seizure of thing

the exercise of the power; and

the grounds for the inspector’s belief under subparagraph (1)(b)(ii).

to secure the thing in order to prevent it from being concealed, lost or destroyed during the period; and

to secure the thing because the circumstances are serious and urgent.

describe the thing to which the order relates; and

state the period for which the extension is granted; and

state that the order is made under this section; and

state that the inspector (or a person assisting the inspector) is authorised to secure the thing for that period.

announce that the inspector is authorised to enter the monitoring area under section 40; and

show the inspector’s identity card to a relevant person in relation to the monitoring area; and

give the relevant person an opportunity to allow entry to the monitoring area.

an inspector does not comply with subsection (2) because of subsection (3); and

a relevant person in relation to the monitoring area is present in the monitoring area;

the inspector must show the inspector’s identity card to the relevant person as soon as practicable after entering the monitoring area.

an inspector does not comply with subsection (2) because of subsection (3); and

the occupier of the premises is present at the premises;

the inspector must show the inspector’s identity card to the occupier as soon as practicable after entering the premises.

enter the investigation area; and

exercise the investigation powers.

a relevant person in relation to the investigation area has consented to the entry; or

the entry is made under an investigation warrant.

if entry to the investigation area is with the consent of a relevant person in relation to the investigation area—the power to search the investigation area and any thing in the investigation area for the evidential material the inspector reasonably suspects may be in the investigation area;

if entry to the investigation area is under an investigation warrant:

the power to search the investigation area and any thing in the investigation area for the kind of evidential material specified in the warrant; and

the power to seize evidential material of that kind if the inspector finds it in the investigation area;

the power to inspect, examine, take measurements of or conduct tests on evidential material referred to in paragraph (a) or (b);

the power to make any still or moving image or any recording (including a sound recording) of the investigation area, of any person or conversation in the investigation area, or of evidential material referred to in paragraph (a) or (b);

the power to take into the investigation area such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the investigation area;

the powers set out in subsections (2) and (3), 49(2) and 52(2).

Powers relating to operating equipment

operate equipment in the investigation area; and

use a device that is in the investigation area and can be used with the equipment or is associated with it;

to determine whether the equipment or the device is or contains evidential material.

if entry to the investigation area is under an investigation warrant—the power to seize the equipment and the device referred to in that subsection;

the power to operate equipment in the investigation area to put the evidential material in documentary form and remove the documents from the investigation area;

the power to operate equipment in the investigation area to transfer the evidential material to a device that:

is brought into the investigation area for the exercise of the power; or

is in the investigation area and the use of which for that purpose has been agreed in writing by a relevant person in relation to the investigation area;

and remove the device from the investigation area.

it is not practicable to put the evidential material in documentary form as mentioned in paragraph (3)(b) or to transfer the evidential material as mentioned in paragraph (3)(c); or

possession of the equipment or the device by a relevant person in relation to the investigation area could constitute an offence against a law of the Commonwealth, a State or a Territory.

there is evidential material of the kind specified in the warrant in the investigation area; and

the evidential material may be accessible by operating the equipment; and

expert assistance is required to operate the equipment; and

the evidential material may be destroyed, altered or otherwise interfered with, if the inspector does not take action under this subsection.

The equipment may be secured by locking it up, placing a guard or any other means.

the inspector’s intention to secure the equipment; and

the fact that the equipment may be secured for up to 72 hours.

Period equipment may be secured

the 72-hour period ends;

the equipment has been operated by the expert.

describe the equipment to which the order relates; and

state the period for which the extension is granted; and

state that the order is made under this section; and

state that the inspector (or a person assisting the inspector) is authorised to secure the equipment for that period.

in the course of searching for the kind of evidential material specified in the warrant, the inspector finds the thing; and

the inspector reasonably believes that:

the thing is evidential material of another kind; and

it is necessary to seize the thing in order to prevent its concealment, loss or destruction.

Subdivision B—Obligations and incidental powers of inspectors

an inspector enters an investigation area because of the consent of a relevant person in relation to the investigation area; and

the inspector has not shown that person, or another relevant person in relation to the investigation area, the inspector’s identity card before entering the investigation area;

the inspector must do so on, or as soon as is reasonably practicable after, entering the investigation area.

announce that the inspector is authorised to enter the investigation area under section 47; and

show the inspector’s identity card to a relevant person in relation to the investigation area; and

give the relevant person an opportunity to allow entry to the investigation area.

to ensure the safety of an individual; or

to ensure that the effective execution of the warrant is not frustrated.

an inspector does not comply with subsection (1) because of subsection (2); and

a relevant person in relation to the investigation area is present in the investigation area;

the inspector must show the inspector’s identity card to the relevant person as soon as practicable after entering the investigation area.

an investigation warrant is being executed in relation to an investigation area; and

a relevant person in relation to the investigation area is present in the investigation area.

do one of the following:

if the warrant was issued under section 68—make a copy of the warrant available to a relevant person referred to in paragraph (1)(b) (which need not include the signature of the issuing officer who issued it);

if the warrant was signed under section 69—make a copy of the form of warrant completed under subsection 69(6) available to a relevant person referred to in paragraph (1)(b); and

inform a relevant person referred to in paragraph (1)(b), in writing, of the rights of the relevant person under Subdivision C.

the warrant is still in force; and

the inspector and persons assisting are absent from the investigation area:

for not more than 1 hour; or

if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under subsection (5); or

for a longer period if a relevant person in relation to the investigation area consents in writing.

Application for extension in emergency situation

there is an emergency situation; and

the inspector or person assisting reasonably believes that the inspector and the persons assisting will not be able to return to the investigation area within that period.

an application is made under subsection (3); and

the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

the extension would not result in the period ending after the warrant ceases to be in force.

an inspector does not comply with subsection (2) because of subsection (3); and

the occupier of the premises is present at the premises;

the inspector must show the inspector’s identity card to the occupier as soon as practicable after entering the premises.

an investigation warrant is being executed in relation to an investigation area; and

an inspector seizes one or more of the following from the investigation area under this Division:

a document, film, computer file or other thing that can be readily copied;

a storage device, the information in which can be readily copied.

the reason for the thing’s seizure no longer exists;

it is decided that the thing is not to be used in evidence;

the period of 60 days after the thing’s seizure ends.

Exceptions

is subject to any contrary order of a court; and

does not apply if the thing:

is forfeited or forfeitable to the Commonwealth; or

is the subject of a dispute as to ownership.

proceedings in respect of which the thing may afford evidence were instituted before the end of the 60 days and those proceedings (and any appeal from those proceedings) have not been completed; or

the thing may continue to be retained because of an order under section 65; or

the Commonwealth, the Regulator, the Director-General or an inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or Territory) to retain, destroy, dispose of or otherwise deal with the thing.

Return of thing

60 days after the seizure; or

a period previously specified in an order of an issuing officer under this section.

take reasonable steps to discover who has an interest in the retention of the thing; and

if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

(a) for the purposes of an investigation as to whether an offence provision, or a civil penalty provision, of this Act has been contravened; or

to enable evidence of a contravention mentioned in paragraph (a) to be secured for the purposes of a prosecution or an action to obtain a civil penalty order.

the inspector has taken reasonable steps to return the thing to a person; and

either:

the inspector has been unable to locate the person; or

the inspector has contacted the person but the person has refused to take possession of the thing or has not taken possession of it within 3 months after the contact was made.

the Federal Court of Australia; or

the Federal Circuit and Family Court of Australia (Division 2); or

a Supreme Court of a State or Territory;

for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Subdivision E—Investigation warrants

state the offence provision or offence provisions, or civil penalty provision or civil penalty provisions, of this Act to which the warrant relates; and

describe the investigation area to which the warrant relates; and

state that the warrant is issued under this Subdivision; and

specify the kinds of evidential material to be searched for under the warrant; and

state that evidential material of the kind specified may be seized under the warrant; and

state that the person executing the warrant may seize any other thing found in the course of executing the warrant if the person reasonably believes that the thing is evidential material of a kind not specified in the warrant; and

name one or more inspectors; and

authorise the inspectors named in the warrant:

to enter the investigation area; and

to exercise the powers set out in this Division in relation to the investigation area; and

state whether entry is authorised to be made at any time of the day or during specified hours of the day; and

specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

may require communication by voice to the extent that it is practicable in the circumstances; and

may make a recording of the whole or any part of any such communication by voice.

the warrant should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.

the terms of the warrant; and

the day on which, and the time at which, the warrant was signed.

Obligations on inspector

complete a form of warrant in the same terms as the warrant completed and signed by the issuing officer;

state on the form the following:

the name of the issuing officer;

the day on which, and the time at which, the warrant was signed;

send the following to the issuing officer:

(i) the form of warrant completed by the inspector;

the information referred to in subsection (3), which must have been duly sworn or affirmed.

the day on which the warrant ceases to be in force;

the day on which the warrant is executed.

Issuing officer to attach documents together

it is material, in those proceedings, for the court to be satisfied that the exercise of power was authorised by that section; and

the warrant signed by the issuing officer authorising the exercise of the power is not produced in evidence.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a Supreme Court of a State or Territory.

Application

applies within and outside Australia; and

extends to the external Territories.

the Director-General requires, in writing, the person to give all reasonable assistance in connection with an application for a civil penalty order; and

the person fails to comply with the requirement.

it appears to the Director-General that the person is unlikely to have:

contravened the civil penalty provision to which the application relates; or

committed an offence constituted by the same, or substantially the same, conduct as the conduct to which the application relates; and

the Director-General suspects or believes that the person can give information relevant to the application.

(a) a person has contravened, is contravening, or is likely to contravene, a provision (the relevant provision) of this Act; and

it is necessary to exercise powers under this section in order to protect the health and safety of people or to protect the environment; and

it is desirable in the public interest for the inspector to exercise powers under this section.

must be in writing; or

if the inspector believes there is an urgent need to protect the health and safety of people or to protect the environment—may be given orally, but must be confirmed by written notice given to the person as soon as practicable after being given orally.

the person is given a direction under subsection (2); and

the person does not take the steps specified in the direction within the period specified in the direction.

Fault-based offence

the person is given a direction under subsection (2); and

the person engages in conduct that results in the person failing to take the steps specified in the direction within the period specified in the direction; and

the person knows that the conduct will have that result.

Instruments are not legislative instruments

a direction under subsection (2);

a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;

a notice under subsection (6) (if given in writing) informing a person of a matter referred to in that subsection.

a person is given a direction under subsection 75(2); and

the person does not take the steps specified in the direction within the period specified in the direction;

the inspector may arrange for those steps to be taken.

the Federal Court of Australia; or

the Federal Circuit and Family Court of Australia (Division 2); or

a Supreme Court of a State or Territory.

is contravening, or is likely to contravene, a provision of this Act; or

has contravened a provision of this Act and is likely to contravene that provision again.

the date on which the notice is given;

the name of the person to whom the notice is given;

a statement that the person giving the notice is an inspector appointed under this Act;

the name and contact details of the inspector;

brief details of the contravention of the provision of this Act that the inspector believes is occurring or likely to occur, including the place, date and time (if known) of the contravention;

the reasons for the inspector’s belief;

a statement that the person is required to take the action necessary to prevent any further contravention, or to prevent the likely contravention, as the case may be;

the period within which the person is to take the action.

must be reasonable having regard to the circumstances; and

may, before the end of the specified period, be extended, in writing, by the inspector.

specify action that the person is to take, or is not to take, during the period specified in the notice (including as extended under paragraph (3)(b)); and

specify action that may be taken to satisfy an inspector that adequate action has been taken to prevent any further contravention, or to prevent the likely contravention, as the case may be.

Notification by inspector about adequacy of action taken

the person is given an improvement notice under subsection (1); and

the person fails to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)).

Fault-based offence

the person is given an improvement notice under subsection (1); and

the person engages in conduct that results in the person failing to comply with the improvement notice within the period specified in the notice (including as extended under paragraph (3)(b)); and

the person knows that the conduct will have that result.

Exception

an improvement notice under subsection (1);

a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;

a notice under subsection (6) (if given in writing) informing a person of a matter referred to in that subsection.

either:

a person is contravening, or is likely to contravene, a provision of this Act; or

a person has contravened a provision of this Act and is likely to contravene that provision again; and

either of the following apply:

an activity is occurring in relation to a regulated activity that involves or will involve a risk to the health and safety of a person or a serious risk to the environment;

an activity may occur in relation to a regulated activity that, if it occurs, will involve a risk to the health and safety of a person or a serious risk to the environment.

a person authorised by a licence to conduct the regulated activity;

if the regulated activity is being conducted in a monitoring area or investigation area—a relevant person in relation to the monitoring area or investigation area.

the date on which the notice is given;

the name of the notice recipient;

a statement that the person giving the notice is an inspector appointed under this Act;

the name and contact details of the inspector;

brief details of the contravention of the provision of this Act that the inspector believes is occurring or likely to occur, including the place, date and time (if known) of the contravention;

details of the activity the inspector believes is occurring, or may occur, that involves or will involve a risk to the health and safety of a person or a serious risk to the environment;

the reasons for the inspector’s belief;

one of the following:

a direction that the notice recipient must ensure that the activity is not engaged in;

a direction that the notice recipient must ensure that the activity is not engaged in in a specified manner;

a direction that the notice recipient must ensure that the activity is engaged in in a specified manner.

prevent any further contravention, or to prevent the likely contravention, as the case may be; and

remove the risk referred to in paragraph (3)(f).

Notification by inspector about adequacy of action taken

prevent any further contravention, or to prevent the likely contravention, as the case may be; and

remove the risk referred to in paragraph (3)(f).

prevent any further contravention, or to prevent the likely contravention, as the case may be; or

remove the risk referred to in paragraph (3)(f);

the inspector must inform the notice recipient accordingly.

Strict liability offence

the person is given a prohibition notice under subsection (2); and

the person fails to comply with the prohibition notice.

Fault-based offence

the person is given a prohibition notice under subsection (2); and

the person engages in conduct that results in the person failing to comply with the prohibition notice; and

the person knows that the conduct will have that result.

Exception

a prohibition notice under subsection (2);

a notification under subsection (5) (if given in writing) of the matter referred to in that subsection;

a notice under subsection (6) (if given in writing) informing a notice recipient of a matter referred to in that subsection.

a direction under section 75; or

an improvement notice; or

a prohibition notice;

the person must cause a copy of the direction or notice to be displayed in a prominent place until the direction or notice ceases to have effect.

Strict liability offence

the person is given a direction or notice referred to in paragraph (1)(a), (b) or (c); and

the person fails to display a copy of the direction or notice in accordance with subsection (1).

entering a monitoring area under section 40 that is an Australian submarine; or

entering an investigation area under section 47 that is an Australian submarine.

the requirement may be made by any reasonable means; and

the requirement is made whether or not the commanding officer of the submarine understands or is aware of the requirement.

Offence

a requirement is made of the person under subsection (1); and

the person fails to comply with the requirement.

(a) a person in the monitoring area or investigation area to show, or demonstrate the operation of, any equipment or machinery in the monitoring area or investigation area; or

a relevant person in relation to the monitoring area or investigation area to provide the inspector, or a person assisting the inspector, with all reasonable facilities and assistance for the effective exercise of the inspector’s powers or the powers of the person assisting.

a requirement to facilitate entry to an Australian submarine (which is dealt with by section 81);

a requirement to answer a question or produce a document (which is dealt with by section 84).

a requirement is made of a person under subsection 82(1); and

the person fails to comply with the requirement.

Fault-based offence

a requirement is made of the person under subsection 82(1); and

the person fails to comply with the requirement.

enters a monitoring area under section 40; or

enters an investigation area under section 47.

Requirement to answer questions or produce documents

answer any questions; and

produce any document (whether or not the document is in the area at the time the inspector makes the requirement of the person);

relating to:

if paragraph (1)(a) applies—a purpose referred to in paragraph 40(1)(a), (b) or (c); or

if paragraph (1)(b) applies—evidential material.

show the person the inspector’s identity card; and

explain to the person that failure to comply with the requirement is an offence under this section; and

explain to the person the effect of sections 97 and 98.

Offence

the person is required to answer a question or produce a document under subsection (2); and

the person fails to answer the question or produce the document.

Exception

the person does not possess:

the information required to answer the question; or

the document; and

the person has taken all reasonable steps available to the person to obtain the information or document and has been unable to do so.

has the competence, technical expertise and relevant experience to properly exercise the powers of an inspector; and

will be able to properly exercise the powers of an inspector having regard to the security of naval nuclear propulsion information.

the terms and conditions of the inspector’s appointment; and

the powers under this Part that the inspector may exercise.

the Regulator; and

members of the Regulator who are also members of the Australian Defence Force.

a direction made under subsection (4);

a record kept under subsection (5).

be in the approved form; and

contain a photograph that is no more than 5 years old of the inspector.

the person has been issued with an identity card under subsection (1); and

the person ceases to be an inspector; and

the person does not return the identity card to the Director-General within 7 days after ceasing to be an inspector.

Exception

may enter the area; and

may exercise the powers under this Part that the inspector is appointed to exercise; and

must do so in accordance with a direction given by the inspector to the person assisting.

the Federal Court of Australia;

the Federal Circuit and Family Court of Australia (Division 2);

a Supreme Court of a State or Territory.

in a personal capacity; and

not as a court or a member of a court.

as the court of which the issuing officer is a member; or

as a member of the court of which the issuing officer is a member.

as a result of equipment being operated as mentioned in Division 2 or 3 in relation to a monitoring area or investigation area:

damage is caused to the equipment; or

any data recorded on the equipment is damaged (including by erasure of data or addition of other data); or

any programs associated with the use of the equipment, or with the use of any data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment; and

the owner of the equipment, or the user of the data or programs, is not the Commonwealth.

the Federal Court of Australia; or

the Federal Circuit and Family Court of Australia (Division 2); or

a Supreme Court of a State or Territory;

for such reasonable amount of compensation as the court determines.

the answer to the question or the information would be privileged from being given on the ground of legal professional privilege; or

the document would be privileged from being produced on the ground of legal professional privilege.

the answer or information given or document produced; and

the giving of the answer or information or the production of the document; and

any information, document or thing obtained as a direct or indirect consequence of the giving of the answer or information or the production of the document;

is not admissible in evidence against the individual in criminal proceedings, other than proceedings for an offence against Criminal Code that relates to this Part.section 137.1 or 137.2 of the

the Regulator is a listed entity; and

the Director-General is the accountable authority of the Regulator; and

the members of the Regulator, other than persons covered by paragraph 119(1)(d), are officials of the Regulator; and

the purposes of the Regulator include:

the functions of the Regulator referred to in section 102; and

the functions of the Director-General referred to in section 107; and

the functions of inspectors under Part 4.

the Director-General; and

the Deputy Director-General; and

the staff; and

persons whose services are made available under section 119; and

the inspectors.

to promote nuclear safety in relation to regulated activities;

to promote, monitor and enforce compliance with this Act;

any other functions conferred on the Regulator under this Act or any other Commonwealth law;

to do anything incidental or conducive to the performance of any of the above functions.

Paragraphs (a) to (d) do not limit each other.

a Commonwealth entity or Commonwealth company;

a government body, or authority, of a foreign country;

an international organisation, or a body or authority of an international organisation;

if it is necessary for, or conducive to, the performance of that body’s functions.

make a written record of it; and

sign the record; and

in the case of a Minister—cause the record to be given to the Director-General.

However, a failure to comply with paragraph (b) or (c) does not affect the validity of the direction.

if practicable—within 28 calendar days after the day the Minister gives the direction; or

otherwise—on the next sitting day of that House after the end of that period.

a direction under subsection (1);

a statement under subsection (5).

to manage the administration of the Regulator; and

to ensure the proper, efficient and effective performance of the Regulator’s functions; and

to determine objectives, strategies and policies to be followed by the Regulator in the performance of its functions; and

to ensure that the Regulator complies with any directions given by the Minister under subsection 105(1); and

to ensure that the Regulator’s functions are performed having regard to the security of naval nuclear propulsion information; and

any other functions conferred on the Director-General under this Act or any other Commonwealth law; and

to do anything incidental or conducive to the performance of any of the above functions.

Paragraphs (a) to (g) do not limit each other.

the Director-General and the APS employees assisting the Director-General together constitute a Statutory Agency; and

the Director-General is the Head of that Statutory Agency.

members of the Australian Defence Force whose services are made available to the Regulator in connection with the performance of any of the Regulator’s functions; and

(b) members or special members of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979) whose services are made available to the Regulator in connection with the performance of any of the Regulator’s functions; and

officers or employees of another Commonwealth entity, or a Commonwealth company, whose services are made available to the Regulator in connection with the performance of any of the Regulator’s functions; and

persons whose services are made available under arrangements made under subsection (2).

a government body, or an authority, of a State or Territory; or

a government body, or an authority, of a foreign country; or

an international organisation;

under which the government body, authority or organisation makes officers or employees available to the Regulator to perform services in connection with the performance of any of the Regulator’s functions.

a member of the Regulator is also a member of the Australian Defence Force; and

(b) by reason of being a member of the Australian Defence Force, the member would, apart from this section, be subject to the command, direction or instruction (an ADF command) given by another person in connection with the Australian Defence Force.

(a) the Australian Nuclear Science and Technology Organisation Act 1987;

(b) the Australian Radiation Protection and Nuclear Safety Act 1998.

the death of, serious injury to, or serious illness in, an individual; or

a serious environmental incident.

to be prosecuted for an offence against this Act; or

to be subject to civil proceedings for a contravention of a civil penalty provision of this Act.

the Commonwealth has committed an offence against this Act and would be liable to pay a criminal penalty; or

the Commonwealth has contravened a civil penalty provision of this Act and would be liable to pay a civil penalty.

(a) the Work Health and Safety Act 2011;

a corresponding WHS law (within the meaning of that Act).

prohibit the doing of an act; or

impose a civil or criminal liability for doing an act;

if the doing of that act is specifically authorised or required, by or under, a provision of a workplace health and safety law.

require the doing of an act; or

impose a civil or criminal liability for not doing an act;

if the doing of that act is specifically prohibited by or under a provision of a workplace health and safety law.

a provision of this Act; and

a provision of a workplace health and safety law that would, but for this subsection, be inconsistent with the provision of this Act.

the operation of this Act, having regard to the objects set out in section 6;

the suitability and efficiency of the measures specified in this Act, or adopted under or for the purposes of this Act, to ensure the independence of the Director-General, the Deputy Director-General and members of the Regulator;

the performance of the functions of the Regulator, the Director-General and the Deputy Director-General;

the suitability of any arrangements or requirements specified in this Act, or adopted under or for the purposes of this Act, for ensuring nuclear safety;

the nature and efficacy of the Regulator’s consultation and cooperation with other persons or bodies;

such other matters as the Minister directs.

the way in which the committee is to carry out its functions; and

the procedures to be followed in relation to meetings.

the Deputy Director-General; or

a person who:

is an SES employee or an acting SES employee, or holds or is acting in a position that is equivalent to a position occupied by an SES employee, in the Regulator; and

is not a member of the Australian Defence Force.

required or permitted by this Act to be prescribed by the regulations; or

necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Prescribing area to be a designated zone

cause to be published on the Department’s website a notice:

setting out the boundary of the area proposed to be prescribed to be a designated zone; and

inviting persons to make submissions to the Minister about the boundary of the area proposed within the period specified in the notice; and

consider any submissions received within the period specified in the notice.

the application of subsection 19(1), or another provision of this Act prescribed by the regulations, in relation to a regulated activity; or

the application of a specified licence condition.

on application by a person in accordance with the regulations; or

on the initiative of the Regulator.

a decision to refuse to grant an exemption under subsection (1); or

a decision to impose a condition under subsection (3); or

a decision to vary or revoke an exemption under subsection (1), including by varying or revoking a condition imposed under subsection (3).

Instruments are not legislative instruments

an exemption granted under subsection (1);

a condition imposed under subsection (3).

the Regulator is proposing to vary or revoke an exemption in relation to a specified person under subsection 144(1), including by varying or revoking a condition imposed under subsection 144(3); and

the person did not apply to the Regulator under subsection 144(2)(a) for the variation or revocation.

give the person a notice, in writing, inviting the person to show cause, within a reasonable period specified in the notice, why the action should not be taken; and

consider any representations the person makes to the Regulator within that period.