Australian Naval Nuclear Power Safety Bill 2024 and another

The majority voted in favour of a motion that the bills be read a second time, which is parliamentary jargon for agreeing with the main idea of the bills. This means the Senate will now discuss the bills in more detail.

What does this bills do?

Note that the Australian Naval Nuclear Power Safety Bill 2024 was formerly known as the Australian Naval Nuclear Power Safety Bill 2023.

The bills digest sets out the following key points in respect to the bills:

The Australian Naval Nuclear Power Safety Bill 2023 (ANNPS Bill) establishes a new regulatory framework to promote and regulate the nuclear safety of activities relating to AUKUS submarines. The framework would apply to Australian submarines and, in more limited circumstances, to activities related to UK/US submarines.

The ANNPS Bill establishes a new regulator, the Australian Naval Nuclear Power Safety Regulator. The Regulator would be able to grant Australian naval nuclear power safety licences to Commonwealth-related persons for 3 types of regulated activities in designated zones. The Regulator would have a range of compliance and enforcement powers.

The Minister would be able to give the Regulator directions ‘if it is necessary … in the interests of national security and to deal with an emergency’.

The ANNPS Bill provides for a range of matters to be established in regulations and contains few transparency mechanisms.

The Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023 (Transitional Provisions Bill) provides for the transfer of existing licences granted under the Australian Radiation Protection and Nuclear Safety Act 1998 (ARPANS Act) to Australian naval nuclear power safety licences under the Australian Naval Nuclear Power Safety Act 2024 for activities that would become regulated activities under that Act.

The Bills have been referred to the Senate Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 26 April 2024.

The Senate Scrutiny of Bills Committee raised a number of concerns with the ANNPS Bill and has sought further information from the Minister.

Error in the record

Note that West Australian Senator Fatima Payman (Independent), Queensland Senator Gerard Rennick (Independent) and Tasmanian Senator Tammy Tyrrell (Independent) are currently listed as a rebel voters but this is inaccurate because these senators are all now independent senators.