Bills Digest No. 216 1997-98
Australian Radiation Protection and Nuclear Safety (Consequential Amendments)
Bill 1998
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer and Copyright Details
Australian Radiation Protection and Nuclear Safety (Consequential Amendments)
Bill 1998
Date Introduced: 8
April 1998
House: House of Representatives
Portfolio: Health
and Family Services
Commencement: The
Act will commence on the same day as the A facility licence will be issued
under proposed section 20 of the Australian Radiation Protection and Nuclear
Safety Act 1998 except for the amendments to that Act which commence either
when the Act itself commences or when the Public Service Act 1998 commences,
whichever is the later.
To repeal those parts of the Australian
Nuclear Science and Technology Organisation Act 1987 which established
the Nuclear Safety Bureau and the Safety Review Committee and enact transitional
arrangements to effect the move to a single regulatory authority (the
Australian Radiation Protection and Nuclear Safety Agency).
This Bill is one of a package of three bills: the Australian
Radiation Protection and Nuclear Safety Bill 1998, the Australian Radiation
Protection and Nuclear Safety (Licence Charges) Bill 1998 and the Australian
Radiation Protection and Nuclear Safety (Consequential Amendments) Bill
1998. For a more thorough background on this Bill please refer to the
Bills Digest on the Australian Radiation Protection and Nuclear Safety
Bill 1998.
The Honourable Trish Worth MP, Parliamentary Secretary
to the Minister for Health and Family Services made the announcement that
the Government intended to enact legislation establishing the Australian
Radiation Protection and Nuclear Safety Agency (ARPANSA) by 1 July 1998.
ARPANSA will take over the monitoring of all Australian Nuclear Science
& Technology Organisation's nuclear and radiation facilities. The
Nuclear Safety Bureau's Annual Report notes that the agency will 'be formed
by combining the expertise and resources of the Nuclear Safety Bureau
and the Australian Radiation Laboratory'(1) to:
- 'Regulate activities within the Commonwealth which involve radiation
and nuclear safety, most of which are not presently regulated;
- Develop, jointly with the States and Territories, uniform radiation
protection and nuclear safety controls throughout Australia, to protect
workers and the public, including for research reactors, uranium mining
and the management of radioactive waste;
- Provide advice on radiation protection and nuclear safety to the Government
and public[; and]
- Undertake research and provide services of a high standard to ensure
radiation protection and nuclear safety'.(2)
The Nuclear Safety Bureau was established in 1992 by
amendments to the Australian Nuclear Science and Technology Organisation
Act 1987. Its functions will now be taken over by ARPANSA.
Schedule 1 - Amendments and transitional provisions
Australian Nuclear Science and Technology Organisation
Act 1987
Item 1 repeals Part VI of the Act which deals
with the Safety Review Committee. As a result the Safety Review Committee
is abolished.
Existing section 31 of the Act prevents ANSTO from entering
any contracts which exceed $1,000,000 without the approval of the Minister.
Item 2 will increase this threshold to allow ANSTO to enter into
contracts involving the payment or receipt by ANSTO of $5,000,000 without
Ministerial approval.
Item 3 repeals Part VIIA of the Act which establishes
the Nuclear Safety Bureau. As a result the Nuclear Safety Bureau is abolished.
Item 4 makes consequential amendments to paragraph
42(1)(b) to reflect the fact that Part VIIA will no longer exist.
Australian Radiation Protection and Nuclear Safety
Act 1998
Items 5-6 make minor amendments to this proposed
Act so as to allow the CEO of ARPANSA to delegate certain functions to
employees of the Senior Executive Service (SES), acting SES or equivalent
rank.
Part 2 - Transitional Provisions
As the Nuclear Safety Bureau (NSB) is being abolished
and its functions being performed by the new body ARPANSA it is necessary
to have in place transitional arrangements. Item 7 makes the Commonwealth
the successor in law of the NSB and transfers the assets and liabilities
of the NSB to the Commonwealth when this Bill commences.
Item 8 transfers the powers and functions that
the Director of the NSB had to the new CEO of ARPANSA.
Item 9 provides that in the first six months of
the operation of the proposed Australian Radiation Protection and Nuclear
Safety Act 1998 applications for either a source licence or a facility
licence are not accompanied by the usual prohibitions that the proposed
Act will apply. For example, for a facility licence, an applicant who
applies for a facility licence within that first six months is not barred
from constructing, operating, owning or de-commissioning nuclear installations
or radiation facilities without a facility licence until such time as
their application is accepted or rejected.
With respect to a source licence an applicant who applies
for a source licence is not restricted from dealing with either a controlled
apparatus or controlled material or both until such time as their application
for a source licence is accepted or rejected.
- Nuclear Safety Bureau, Annual Report 1996-97, 25.
- Ibid.
Susan Downing
15 May 1998
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 1998
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Published by the Department of the Parliamentary Library, 1998.
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