WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
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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: 11 November 1998
House: House of Representatives
Portfolio: Health and Aged Care
Commencement: The Act will commence on the
same day as the Australian Radiation Protection and Nuclear Safety
Act 1998 except for the repeal of the Environment Protection
(Nuclear Codes) Act 1978 which commences on a day to be fixed
by Proclamation.
The purpose of
the Bill is 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;
-
- enact transitional arrangements to effect the move to a single
regulatory authority (the Australian Radiation Protection and
Nuclear Safety Agency); and
-
- repeal the Environment Protection (Nuclear Codes) Act
1978.
An earlier version of this Bill was introduced
into the 38th Parliament of Australia on 8 April 1998.
That Bill was passed by the House of Representatives and although
it was introduced into the Senate, the second reading debate was
not concluded before Parliament was prorogued. Bill Digest No. 216
was prepared for the initial Bill by Susan Downing and this Digest
reproduces that work with technical amendments only.
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.
Environment Protection (Nuclear
Codes) Act 1978
Item 5 repeals the
Environment Protection (Nuclear Codes) Act 1978. The
Explanatory Memorandum states that the functions under the Act to
develop and endorse Codes of Practice will be undertaken by
ARPANSA.(3)
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 6 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 7 transfers the powers and
functions that the Director of the NSB had to the new CEO of
ARPANSA.
Item 8 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.
- Explanatory Memorandum, p. 2.
Susan Downing and Krysti Guest
24 November 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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