Australian Naval Nuclear Power Safety Bill 2023 [Provisions] and Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023 [Provisions]

REPORT - May 2024

List of recommendations

Recommendation 1

2.39The Committee recommends that the Government amend the Bill to provide that the eligibility criteria for appointment to the positions of Director-General or Deputy Director-General require a suitable minimum period of separation between appointment and any previous service in the Australian Defence Force or employment in the Department of Defence.

Recommendation 2

2.41The Committee recommends that the Government amend the Bill to provide that, where a direction is given by the Minister to the Regulator under clause 105(1), the Minister is required to inform the Parliamentary Joint Statutory Committee on Defence, once established, of the nature and purpose of the direction. This is in addition to the tabling of a statement in each chamber informing the Parliament that a direction has been given which is already contained within the Bill.

2.42The Committee also recommends that the Bill be amended to provide that a private briefing be offered to the Parliamentary Joint Statutory Committee on Defence by the Regulator regarding the context of the direction. Where such a briefing occurs, the Joint Statutory Committee on Defence may consider the need for additional private briefings from stakeholders and receive them as determined necessary.

Recommendation 3

2.54The Committee recommends that the Government consider amending the Bill so that a distinction is made between Australia’s acceptance of low-level nuclear waste from AUKUS partners, but non-acceptance of high-level nuclear waste.

Recommendation 4

2.67The Committee recommends that the Bill be amended to establish an additional reporting relationship between the Regulator and the soon-to-be-legislated Parliamentary Joint Statutory Committee on Defence so as to ensure transparency with the Parliament concerning the Regulator’s activities and any accidents or incidents that might occur concerning naval nuclear power within its jurisdiction.

Recommendation 5

2.86The Committee recommends that the Government consider directing the Regulator, through regulatory instrument, to establish consultation committees comprised of relevant local stakeholders, such as state and local governments, to inform its work.

Recommendation 6

2.97The Committee recommends that the Government consider what outcomes could be enhanced through a greater degree of collaboration between the Regulator and the Australian Radiation Protection and Nuclear Safety Agency.

Recommendation 7

2.103The Committee recommends that the Government consider ways in which it can direct the Department of Defence to engage in greater consultation concerning the design of the regulations that will be created under the Bill.

Recommendation 8

2.111The Committee recommends, after due consideration by Government of the Committee’s recommendations above, that the Bill be passed.

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