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Chapter 1 - Introduction
Background
1.1
Senator the Hon. Ian Campbell, then Minister for the Environment and Heritage,
introduced the Non-Proliferation Legislation Amendment Bill 2006 into the
Senate on 6 December 2006. On 7 December
2006, the Senate referred the bill to
the Senate Standing Committee of Foreign Affairs, Defence and Trade for examination
and report by 8 February 2007.
1.2
The bill principally amends the Nuclear
Non-Proliferation (Safeguards) Act 1987. This Act gives effect to Australia's
international obligations as a party to the Nuclear Non-Proliferation Treaty
(NPT), the International Atomic Energy Agency's (IAEA) Safeguards Agreement and
the Convention on the Physical Protection of Nuclear Material.
Purpose and effect of the bill
1.3
The purpose of the bill is to:
- satisfy new requirements of the
amendments to the Convention on the Physical Protection of Nuclear Material;
- regulate, with respect to nuclear
safeguards, the decommissioning of a nuclear facility to ensure that Australia is
able to meet its international obligations to the International Atomic Energy
Agency;
- make penalties for the most
serious offences in the Safeguards Act consistent with penalties under
comparable Commonwealth non-proliferation legislation; and
- extend the geographical jurisdiction
for various non-proliferation offences in the Safeguards Act.
1.4
The Second Reading Speech noted
that the bill 'will demonstrate Australia's ongoing commitment to the physical security of
nuclear facilities, material and related information, and the application of
nuclear safeguards to such items'. To this end, the bill:
- creates new offences under the
Safeguards Act relating to trafficking nuclear material into or out of Australia or a
foreign country and interfering with the operation of a nuclear facility;
- updates existing penalty
provisions for several offences under the Safeguards Act;
- extends the geographical
jurisdiction of offences by an Australian citizen or resident anywhere; and
- requires a permit for the
decommissioning of a nuclear facility and a corresponding offence under the
Safeguards Act for failing to obtain a permit.
Submissions
1.5
The committee advertised the
inquiry on its website and in The Australian on 12 December 2006.
The committee wrote to the Minister for Foreign Affairs, the Hon. Alexander Downer, on 12 December
2006 to invite him or the Department of
Foreign Affairs and Trade to make a submission. A number of organisations and
stakeholders were also contacted and invited to make submissions to the
inquiry. The committee received submissions from the Australian Safeguards and
Non-Proliferation Office (ASNO) within the Department of Foreign Affairs and
Trade, Friends of the Earth (FoE) and the Medical Association for the
Prevention of War (MAPW).
Acknowledgments
1.6
The committee thanks those who
assisted with the inquiry.
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