Commonwealth: Australian Naval Nuclear Power Safety Act 2024 (Cth)

Australian Naval Nuclear Power Safety Act 2024 No. 91, 2024 An Act to regulate activities relating to conventionally‑armed, nuclear‑powered submarines to ensure the nuclear safety of those activities, and for related purposes Contents Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of this Act Division 2—Defined terms Subdivision A—Simplified outline of this Division 4 Simplified outline of this Division Subdivision B—The Dictionary 5 The Dictionary Division 3—Core provisions Subdivision A—Objects of this Act 6 Objects of this Act 7 What are AUKUS submarines? 8 Regulating persons when they conduct regulated activities 8A Prohibition on storage and disposal of spent nuclear fuel that is not from an Australian submarine 8B Prohibition on certain kinds of construction, etc. Subdivision B—Regulated activities 9 What are regulated activities? 10 Regulated activities and designated zones Subdivision C—Facility activities (first type of regulated activity) 11 What are facility activities? 12 What are NNP facilities? Subdivision D—Submarine activities (second type of regulated activity) 13 What are submarine activities? Subdivision E—Material activities (third type of regulated activity) 14 What are material activities? 15 What are NNP material and NNP equipment or plant? Subdivision F—The Regulator 16 The Regulator Part 2—Ensuring nuclear safety when conducting regulated activities Division 1—Simplified outline of this Part 17 Simplified outline of this Part Division 2—Nuclear safety duties Subdivision A—Nuclear safety duties applying to all persons conducting regulated activities 18 General nuclear safety duty 19 Duty to be authorised by a licence Subdivision B—Nuclear safety duties applying to licence holders 20 Duty on licence holders—nuclear safety management systems 21 Duty on licence holders—reporting nuclear safety incidents 22 Duty on licence holders—competence and supervision 23 Duty on licence holders—complying with licence conditions Subdivision C—Nuclear safety duties applying to persons authorised by a licence 24 Duty on authorised persons—nuclear safety management systems 25 Duty on authorised persons—complying with licence conditions Part 3—Australian naval nuclear power safety licences Division 1—Simplified outline of this Part 26 Simplified outline of this Part Division 2—Australian naval nuclear power safety licences 27 Australian naval nuclear power safety licences 28 Who may apply for a licence? 29 Who are Commonwealth‑related persons? 30 Requirements of the application 30A Regulator may require further information 31 Issuing licences 32 Licence conditions 33 Period of licences 34 Varying licences 35 Suspending or cancelling licences 36 Regulator to give notice before varying, suspending or cancelling licences 37 Surrendering licences 38 Review of licence decisions Part 4—Compliance and enforcement Division 1—Simplified outline of this Part 39 Simplified outline of this Part Division 2—Monitoring 40 Entry, and exercise of powers, for monitoring purposes 41 Monitoring powers 42 Securing evidence 43 Additional powers in relation to evidential material 44 Extension of period for securing a thing 45 Notification and announcement of entry 46 Entering certain premises for access to monitoring area Division 3—Investigation Subdivision A—Investigation powers 47 Entering investigation area by consent or under a warrant 48 Investigation powers 49 Securing equipment to obtain expert assistance 50 Extension of period for securing equipment 51 Offence for interfering with securing of, or secured, equipment 52 Seizing other evidential material Subdivision B—Obligations and incidental powers of inspectors 53 Consent 54 Announcement before entry under warrant 55 Inspector to be in possession of warrant 56 Details of warrant etc. to be given to relevant person in relation to investigation area 57 Completing execution after temporary cessation 58 Completing execution of warrant stopped by court order 59 Using force in executing a warrant 60 Entering certain premises for access to investigation area Subdivision C—Rights of relevant person in relation to investigation area 61 Right to observe execution of warrant Subdivision D—General provisions relating to seizure 62 Copies of seized things to be provided 63 Receipts for seized things 64 Return of seized things 65 Issuing officer may permit a seized thing to be retained 66 Disposal of things seized 67 Compensation for acquisition of property Subdivision E—Investigation warrants 68 Investigation warrants 69 Investigation warrants by telephone, fax etc. 70 Authority of warrant 71 Offence relating to warrants by telephone, fax etc. Division 4—Civil penalty provisions 72 Civil penalty provisions 73 Requirement for person to assist with applications for civil penalty orders 74 Civil double jeopardy Division 5—Directions, notices and other requirements Subdivision A—Directions and other notices 75 Inspector may give directions 76 Inspector to arrange for steps to be taken 77 Inspector may give improvement notices 78 Inspector may give prohibition notices 79 Copy of direction or notice to be displayed 80 Offence for tampering with or removing a direction or notice Subdivision B—Other requirements and offences 81 Requirement to facilitate entry to Australian submarine 82 Power to make requirement of a person 83 Offences for contravention of requirement made of a person 84 Asking questions and seeking production of documents 85 Offence for ordering or coercing a person to not answer question or produce document Division 6—Australian Naval Nuclear Power Safety Inspectors 86 Appointment of inspectors 87 Identity cards for inspectors 88 Persons assisting inspectors 89 Offence for false representation as an inspector 90 Offence for impersonating an inspector 92 Inspector to have regard to nuclear safety and security Division 7—Other matters relating to compliance and enforcement 93 References to entering monitoring area or investigation area 94 References to equipment 95 Issuing officers 96 Compensation for damage to equipment 97 Legal professional privilege 98 Privilege against self‑incrimination and penalty privilege Part 5—The Australian Naval Nuclear Power Safety Regulator Division 1—Simplified outline of this Part 99 Simplified outline of this Part Division 2—The Regulator 100 Establishment of the Regulator 101 Composition of the Regulator 102 Functions of the Regulator 103 The Regulator may consult or cooperate with others 104 Independence of the Regulator 105 Ministerial directions to the Regulator Division 3—The Director‑General and the Deputy Director‑General Subdivision A—The Director‑General 106 The Director‑General 107 Functions of the Director‑General Subdivision B—The Deputy Director‑General 108 The Deputy Director‑General Subdivision C—Appointment of the Director‑General and the Deputy Director‑General 109 Appointment 110 Acting appointments 111 Terms and conditions 112 Remuneration and allowances 113 Leave of absence 114 Other paid or unpaid work or activities 115 Disclosure of interests 116 Resignation 117 Termination of appointment Division 4—Other members of the Regulator 118 Staff 119 Persons assisting the Regulator Division 5—Independence, immunities and protection of members of the Regulator 120 Independence from ADF chain of command 121 Immunity from criminal and civil proceedings 121A Offence for obstructing, hindering, intimidating or resisting a member of the Regulator, etc. Division 6—Reporting 122 Annual report 123 Reporting to the Minister 123A Reporting certain nuclear safety incidents Part 6—Other matters Division 1—Simplified outline of this Part 124 Simplified outline of this Part Division 2—Application of this Act Subdivision A—General 125 Extraterritorial application 126 Extension to external Territories Subdivision B—Application of this Act to the Crown in right of the Commonwealth 127 This Act binds the Crown 128 Offences and the Commonwealth 129 Civil penalty provisions and the Commonwealth 130 Representative for the Commonwealth in proceedings 131 Liability of the Commonwealth to pay criminal or civil penalties Subdivision C—Interaction with other laws 132 The Australian Radiation Protection and Nuclear Safety Act 1998 133 The Nuclear Non‑Proliferation (Safeguards) Act 1987 134 Operation of workplace health and safety laws 135 Operation of State and Territory laws Subdivision D—Interaction with international agreements etc. 136 Functions to be performed having regard to prescribed international agreements 137 Application of Act to certain foreign persons Subdivision E—General rules about offences and civil penalty provisions 138 Geographical jurisdiction for offences 139 Physical elements of offences 140 Contravening an offence provision or a civil penalty provision Division 2A—Advisory committee 140A Establishment of advisory committee Division 3—Delegations 141 Delegation by the Minister 142 Delegation by the Director‑General Division 4—Regulations and other instruments 143 Regulations 144 Exemptions 145 Regulator to give notice before varying or revoking exemption 146 Approved forms Australian Naval Nuclear Power Safety Act 2024 No. 91, 2024 An Act to regulate activities relating to conventionally‑armed, nuclear‑powered submarines to ensure the nuclear safety of those activities, and for related purposes [Assented to 24 October 2024] The Parliament of Australia enacts: Part 1—Introduction Division 1—Preliminary 1 Short title This Act is the Australian Naval Nuclear Power Safety Act 2024. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Simplified outline of this Act This Act is about regulating activities relating to AUKUS submarines to ensure the nuclear safety of those activities. AUKUS submarines are conventionally‑armed, nuclear‑powered submarines operated, or under construction in Australia, for naval or military purposes by Australia (these are "Australian submarines") or by the United Kingdom or the United States of America (these are "UK/US submarines"). The activities that are regulated by this Act are called "regulated activities". There are 3 types of regulated activities. • The first type are "facility activities". These are activities that relate to particular facilities (called "NNP facilities") that are relevant to AUKUS submarines (such as facilities to construct an AUKUS submarine) (see sections 11 and 12 for facility activities and NNP facilities). • The second type are "submarine activities". These are activities that relate to AUKUS submarines themselves (such as constructing an AUKUS submarine) (see section 13 for submarine activities). • The third type are "material activities". These are activities that relate to certain material, equipment and plant (called "NNP material" and "NNP equipment or plant") which emit or produce radiation and are from, or for use on, AUKUS submarines (see sections 14 and 15 for material activities). Regulated activities can only occur in designated zones (which are particular areas in Australia (see section 10)) or in relation to Australian submarines. There are nuclear safety duties that apply to people when they conduct regulated activities. For example, they must ensure nuclear safety, and must be authorised by a licence, when conducting those activities. There are additional nuclear safety duties that apply to licence holders (such as the duty to establish, implement and maintain a nuclear safety management system and report nuclear safety incidents) as well as other persons authorised under a licence (such as the duty to implement and comply with the nuclear safety management system and comply with licence conditions). A person who breaches a nuclear safety duty may be subject to civil or criminal penalties. Part 2 deals with nuclear safety duties. A person must be authorised by an Australian naval nuclear power safety licence to conduct a regulated activity. Only Commonwealth‑related persons can apply for a licence and be a licence holder, but other people may be authorised under a licence. Part 3 deals with licences. This Act establishes an independent regulator, called the "Australian Naval Nuclear Power Safety Regulator", which has functions relating to regulated activities, such as licensing, investigating whether people are complying with this Act, and taking enforcement action if they are not. Part 4 deals with compliance and enforcement powers. Part 5 establishes the Regulator and deals with other administrative matters relating to the Regulator. Division 2—Defined terms Subdivision A—Simplified outline of this Division 4 Simplified outline of this Division This Division is about the terms that are defined in this Act. The Dictionary is a list of every term that is defined in this Act. The Dictionary is in section 5. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition. Subdivision B—The Dictionary 5 The Dictionary (1) In this Act: approved form means a form approved under section 146. AUKUS submarine: see subsection 7(1). Australian Naval Nuclear Power Safety Inspector means any of the following: (a) the Director‑General; (b) the Deputy Director‑General; (c) an individual in respect of whom an appointment is in force under section 86. Australian naval nuclear power safety licence: see section 27. Australian submarine: see subsection 7(2). authorised person, in relation to a licence, means a person authorised to conduct a regulated activity under the licence (see paragraphs 27(a) and (b)). Note: Other parts of speech and grammatical forms of "authorised person" (for example, "person authorised") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). civil penalty order has the same meaning as in the Regulatory Powers Act. civil penalty provision has the same meaning as in the Regulatory Powers Act. Commonwealth company has the same meaning as in subsection 89(1) of the Public Governance, Performance and Accountability Act 2013. Commonwealth contractor: see subsection 29(2). Commonwealth entity has the same meaning as in section 10 of the Public Governance, Performance and Accountability Act 2013. Commonwealth officer means: (a) a Minister; or (b) an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity, including (to avoid doubt): (i) a member of the Australian Defence Force; and (ii) a member or special member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979). Commonwealth‑related person: see subsection 29(1). corporate Commonwealth entity has the same meaning as in paragraph 11(a) of the Public Governance, Performance and Accountability Act 2013. defence staff member means any of the following: (a) the Chief of the Defence Force or the Vice Chief of the Defence Force; (b) the Chief of Navy, the Chief of Army or the Chief of Air Force; (c) a member of the Permanent Forces (within the meaning of the Defence Act 1903); (d) a member of the Reserves (within the meaning of the Defence Act 1903); (e) the Secretary of the Department or an APS employee in the Department; (f) the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency. Deputy Director‑General means the Deputy Director‑General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 108. designated zone: see subsection 10(2). Director‑General means the Director‑General of the Australian Naval Nuclear Power Safety Regulator appointed under section 109 for the purposes of section 106. engage in conduct means: (a) do an act; or (b) omit to perform an act. Note: Other parts of speech and grammatical forms of "engage in conduct" (for example, "engages in conduct") have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901). evidential material means any of the following: (a) a thing with respect to which an offence provision, or a civil penalty provision, of this Act has been contravened or is suspected, on reasonable grounds, to have been contravened; (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the contravention of such an offence provision or a civil penalty provision; (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of contravening such an offence provision or a civil penalty provision. facility activity: see section 11. Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. foreign naval or government vessel means any of the following: (a) a warship or other vessel that: (i) is operated for naval or military purposes by a foreign country; and (ii) is under the command of a member of the armed forces of the foreign country; and (iii) bears external marks of nationality; and (iv) is manned by seafarers under armed forces discipline (however described); (b) a vessel that is used by a foreign country, for the time being, on government non‑commercial service as a naval auxiliary; (c) a vessel used by a foreign country, for the time being, for customs or law enforcement purposes. function includes power, obligation or duty. identity card, in relation to an inspector, means a card issued to the inspector under section 87. improvement notice: see subsection 77(1). inspector means an Australian Naval Nuclear Power Safety Inspector. investigation area means any of the following (including while it is not complete): (a) an Australian submarine; (b) a designated zone; (c) an NNP facility or other premises within a designated zone; (d) any other premises; but does not include a foreign naval or government vessel. Note: An investigation area may not be complete because, for example, it is being constructed or disposed of. investigation powers: see section 48 and subsections 49(2) and 52(2). investigation warrant means: (a) a warrant issued by an issuing officer under section 68; or (b) a warrant signed by an issuing officer under section 69. ionising radiation: see subsection 15(3). issuing officer: see subsection 95(1). licence: means an Australian naval nuclear power safety licence. material activity: see section 14. member of the Regulator: see subsection 101(2). monitoring area means any of the following (including while it is not complete): (a) an Australian submarine; (b) a designated zone; (c) an NNP facility or other premises within a designated zone; but does not include a foreign naval or government vessel. Note: A monitoring area may not be complete because, for example, it is being constructed or disposed of. monitoring powers: see section 41 and subsection 42(1). NNP equipment or plant: see subsection 15(2). NNP facility: see section 12. NNP material: see subsection 15(1). non‑corporate Commonwealth entity has the same meaning as in paragraph 11(b) of the Public Governance, Performance and Accountability Act 2013. non‑ionising radiation: see subsection 15(4). nuclear safety includes: (a) in all cases—protecting the health and safety of people, and the environment, from the harmful effects of ionising radiation and non‑ionising radiation; and (b) in relation to an activity that is a regulated activity—the following matters to the extent they relate to the matters in paragraph (a): (i) the implementation of proper operating conditions for the activity; (ii) the prevention of accidents relating to the activity; (iii) the mitigation of the consequences of such accidents (if they occur). nuclear safety incident: see subsection 21(2). occupier, in relation to a monitoring area, an investigation area or premises, includes an individual present in the area or premises who is in apparent control of the area or premises. offence provision, of this Act, includes an offence provision of the Crimes Act 1914 or the Criminal Code to the extent that it relates to this Act. Note: See also section 140. Osborne designated zone: see subsection 10(4). paid work: see subsection 114(2). person assisting an inspector: see subsection 88(1). premises includes the following: (a) a structure, building, vehicle, vessel or aircraft, that is in Australia; (b) a place (whether or not enclosed or built on) that is in Australia; (c) a part of a thing referred to in paragraph (a) or (b); but does not include a foreign naval or government vessel. prohibition notice: see subsection 78(2). radioactive waste management facility includes a facility for managing, storing or disposing of radioactive waste. reasonably practicable: see subsection (2). regulated activity: see section 9. Regulator means the Australian Naval Nuclear Power Safety Regulator established under section 100. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant person, in relation to a monitoring area or an investigation area, means the following: (a) if the area is an Australian submarine or another vessel—the commanding officer of the submarine or master of the vessel, or an individual who apparently represents the commanding officer or master; (b) if the area is an aircraft—the pilot in command, a crew member, or the operator, of the aircraft, or an individual who apparently represents the pilot in command or the operator of the aircraft; (c) otherwise—any owner or occupier of the area, or an individual who apparently represents an owner or occupier of the area. spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core. staff of the Regulator means the persons referred to in subsection 118(1). Stirling designated zone: see subsection 10(3). submarine activity: see section 13. this Act includes instruments made under this Act. UK/US submarine: see subsection 7(3). (2) Reasonably practicable, in relation to a duty imposed on a person under subsection 18(1), 20(1), 22(1) or 24(1) to ensure nuclear safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring nuclear safety, taking into account and weighing up all relevant matters, including: (a) the likelihood of the hazard or risk concerned eventuating; and (b) the degree of harm that might result from the hazard or risk concerned eventuating; and (c) what the person concerned knows, or ought reasonably to know, about: (i) the hazard or the risk concerned; and (ii) ways of eliminating or minimising the hazard or risk concerned; and (d) the availability and suitability of ways to eliminate or minimise the hazard or risk concerned; and (e) after assessing the extent of the hazard or risk concerned and the available ways of eliminating or minimising the hazard or risk concerned, the cost associated with available ways of eliminating or minimising the hazard or risk concerned, including whether the cost is grossly disproportionate to the hazard or risk concerned. Division 3—Core provisions Subdivision A—Objects of this Act 6 Objects of this Act The objects of this Act are: (a) to promote the nuclear safety of activities relating to AUKUS submarines; and (b) to promote public confidence and trust in relation to the nuclear safety of Australia's nuclear‑powered submarine enterprise; and (c) to promote the defence and interests of Australia; and (d) to support the AUKUS partnership. 7 What are AUKUS submarines? (1) An AUKUS submarine is: (a) an Australian submarine; or (b) a UK/US submarine; and includes such a submarine that is not complete (for example, because it is being constructed). (2) An Australian submarine is a conventionally‑armed, nuclear‑powered submarine operated, or under construction or being disposed of in Australia, for naval or military purposes by Australia. (3) An UK/US submarine is a conventionally‑armed, nuclear‑powered submarine operated, or under construction in Australia, for naval or military purposes by the United Kingdom or the United States of America. 8 Regulating persons when they conduct regulated activities For the purposes of achieving the objects of this Act, this Act has rules that apply to persons when they conduct regulated activities. Note 1: Regulated activities are activities that relate to AUKUS submarines. For what is a regulated activity, see sections 9 to 15. Note 2: People who conduct regulated activities must comply with nuclear safety duties (see Part 2 for those duties). A person who breaches a nuclear safety duty may be subject to civil or criminal penalties (Part 2 also deals with penalties for breaches). 8A Prohibition on storage and disposal of spent nuclear fuel that is not from an Australian submarine (1) Nothing in this Act is to be taken to authorise the following: (a) the storage in Australia of spent nuclear fuel that is not from an Australian submarine; (b) the disposal in Australia of spent nuclear fuel that is not from an Australian submarine. (2) The Regulator must not issue a licence in respect of an activity to which subsection (1) applies. 8B Prohibition on certain kinds of construction, etc. (1) Nothing in this Act is to be taken to authorise the construction or operation of any of the following: (a) a nuclear fuel fabrication plant; (b) a nuclear power plant; (c) an enrichment plant; (d) a reprocessing facility. (2) Paragraph (1)(b) does not apply to a nuclear power plant (however described) that is related to use in an AUKUS submarine. (3) The Regulator must not issue a licence in respect of the construction or operation of a plant or facility to which subsection (1) applies. Subdivision B—Regulated activities 9 What are regulated activities? There are 3 types of regulated activity: (a) a facility activity; and (b) a submarine activity; and (c) a material activity. 10 Regulated activities and designated zones (1) Regulated activities can only occur in a designated zone or in relation to an Australian submarine. Note: Facility activities can only occur in a designated zone, and submarine activities and material activities can occur either in a designated zone or in relation to an Australian submarine. (2) Each of the following is a designated zone: (a) the Stirling designated zone; (b) the Osborne designated zone; (c) any other area in Australia that is prescribed by the regulations to be a designated zone. (3) The Stirling designated zone is the area known as HMAS Stirling at Garden Island in Western Australia, as described by the regulations. (4) The Osborne designated zone is the area known as Osborne Naval Shipyard in South Australia, as described by the regulations. Subdivision C—Facility activities (first type of regulated activity) 11 What are facility activities? Each of the following is a facility activity: (a) preparing a site for an NNP facility in a designated zone; (b) constructing an NNP facility in a designated zone; (c) having possession or control of an NNP facility in a designated zone; (d) operating an NNP facility in a designated zone; (e) decommissioning an NNP facility in a designated zone; (f) disposing of an NNP facility in a designated zone. Note: Paragraphs (a) to (f) are not necessarily mutually exclusive of each other. 12 What are NNP facilities? An NNP facility (short for naval nuclear propulsion facility) is any of the following facilities: (a) a facility for constructing an AUKUS submarine; (b) a facility for maintaining naval nuclear propulsion plant from, or for use on, an AUKUS submarine; (c) a facility for storing naval nuclear propulsion plant from, or for use on, an AUKUS submarine; (d) a radioactive waste management facility that: (i) is for managing, storing or disposing of radioactive waste from an AUKUS submarine; and (ii) has an activity that is greater than the activity level prescribed by the regulations. Note: Paragraphs (a) to (d) are not necessarily mutually exclusive of each other. Subdivision D—Submarine activities (second type of regulated activity) 13 What are submarine activities? Each of the following is a submarine activity: (a) constructing an AUKUS submarine in a designated zone; (b) having possession or control of an Australian submarine; (c) operating an Australian submarine; (d) maintaining an Australian submarine; (e) decommissioning an Australian submarine; (f) disposing of an Australian submarine. Note: Paragraphs (a) to (f) are not necessarily mutually exclusive of each other. Subdivision E—Material activities (third type of regulated activity) 14 What are material activities? (1) Each of the following is a material activity: (a) having possession or control of NNP material or NNP equipment or plant in a designated zone or an Australian submarine; (b) using NNP material in a designated zone or an Australian submarine; (c) using or operating NNP equipment or plant in a designated zone or an Australian submarine; (d) maintaining, storing or disposing of NNP material or NNP equipment or plant in a designated zone or an Australian submarine. Note: Paragraphs (a) to (d) are not necessarily mutually exclusive of each other. (2) However, an activity covered by subsection (1) is not a material activity if the regulations prescribe that the activity is not a material activity. 15 What are NNP material and NNP equipment or plant? (1) NNP material (short for naval nuclear propulsion material) means any natural or artificial material (whether in solid or liquid form, or in the form of a gas or vapour) that: (a) emits ionising radiation spontaneously; and (b) is from, or for use on, an AUKUS submarine. (2) NNP equipment or plant (short for naval nuclear propulsion equipment or plant) means any equipment or plant from, or for use on, an AUKUS submarine, that: (a) produces ionising radiation when energised or that would, if assembled or repaired, be capable of producing ionising radiation when energised; or (b) produces ionising radiation because it contains radioactive material; or (c) both: (i) produces harmful non‑ionising radiation when energised; and (ii) is prescribed by the regulations. (3) Ionising radiation is electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres. (4) Non‑ionising radiation is electromagnetic radiation of a wavelength greater than 100 nanometres. Subdivision F—The Regulator 16 The Regulator For the purposes of achieving the objects of this Act, this Act: (a) establishes the Australian Naval Nuclear Power Safety Regulator; and (b) confers functions on the Regulator in relation to regulated activities (such as promoting, monitoring and enforcing compliance with this Act); and (c) ensures the independence of the Regulator. Note: Part 5 deals with the Regulator. Part 2—Ensuring nuclear safety when conducting regulated activities Division 1—Simplified outline of this Part 17 Simplified outline of this Part There are nuclear safety duties that apply to people when they conduct regulated activities. Division 2 deals with these duties. There are nuclear safety duties that apply to any person who conducts a regulated activity. These are duties to ensure nuclear safety, and to be authorised by a licence, when conducting those activities. Subdivision A of Division 2 deals with these duties. Licence holders are subject to nuclear safety duties that apply just to them, such as the duty to establish, implement and maintain a nuclear safety management system, report nuclear safety incidents and comply with licence conditions. Subdivision B of Division 2 deals with the duties applying to licence holders. People who are authorised by a licence to conduct a regulated activity are also subject to nuclear safety duties that apply just to them, such as the duty to implement and comply with the nuclear safety management system and comply with licence conditions. Subdivision C of Division 2 deals with the duties applying to authorised persons. A person who breaches a nuclear safety duty may be subject to civil or criminal penalties for the breach. There are varying levels of civil and criminal penalties, depending on the duty involved and the person to whom the duty applies. Division 2—Nuclear safety duties Subdivision A—Nuclear safety duties applying to all persons conducting regulated activities 18 General nuclear safety duty (1) A person who conducts a regulated activity must, so far as reasonably practicable, ensure nuclear safety when conducting the activity. Civil penalty provisions (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 10,000 penalty units. (3) A person is liable to a civil penalty if: (a) the person contravenes subsection (1); and (b) a nuclear safety incident occurs; and (c) the contravention caused or contributed to the nuclear safety incident. Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 20,000 penalty units. Offences (4) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct is a regulated activity; and (c) the conduct results in a contravention of subsection (1). Penalty: (a) for an individual—imprisonment for 12 years or 700 penalty units, or both; or (b) for a body corporate—28,000 penalty units. (5) A person commits an offence if: (a) the person engages in conduct; and (b) the conduct is a regulated activity; and (c) the conduct results in a contravention of subsection (1); and (d) a nuclear safety incident occurs; and (e) the person is reckless, or negligent, as to whether the conduct would cause or contribute to the nuclear safety incident. Penalty: (a) for an individual—imprisonment for 25 years or 1,400 penalty units, or both; or (b) for a body corporate—57,500 penalty units. (6) Strict liability applies to paragraphs (4)(b) and (5)(b) and (d). 19 Duty to be authorised by a licence (1) A person must not conduct a regulated activity if the person does not hold a licence authorising the person to conduct the regulated activity. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 5,000 penalty units. Offence (3) A person commits an offence if: (a) the person conducts an activity; and (b) the activity is a regulated activity; and (c) the person does not hold a licence authorising the person to conduct the regulated activity. Penalty: (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or (b) for a body corporate—14,000 penalty units. (4) Strict liability applies to paragraphs (3)(b) and (c). Exception (5) Subsections (2) and (3) do not apply if: (a) the person is not the holder of a licence but is authorised by a licence to conduct the regulated activity; or (b) an exemption granted under section 144 applies to the person in relation to the activity. Note 1: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act). Note 2: For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). Subdivision B—Nuclear safety duties applying to licence holders 20 Duty on licence holders—nuclear safety management systems (1) A person who is the holder of a licence must establish, implement and maintain a nuclear safety management system that ensures, so far as reasonably practicable, the nuclear safety of regulated activities conducted by the licence holder and other persons authorised by the licence. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 5,000 penalty units. Offence (3) A person commits an offence if: (a) the person is the holder of a licence; and (b) the person engages in conduct; and (c) the conduct contravenes subsection (1). Penalty: (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or (b) for a body corporate—14,000 penalty units. (4) Strict liability applies to paragraph (3)(a). 21 Duty on licence holders—reporting nuclear safety incidents (1) A person who is the holder of a licence must report, in accordance with subsection (3), any nuclear safety incident that occurs in relation to a regulated activity authorised by the licence. Note: A person covered by this subsection may also have a duty under another law of the Commonwealth to report the incident to another entity. (2) An incident is a nuclear safety incident if: (a) it relates to nuclear safety; and (b) it: (i) results in, or could have resulted in, the death of, serious injury to, or serious illness in, an individual; or (ii) results in, or could have resulted in, a serious environmental incident; or (iii) is of a kind prescribed by the regulations. (3) The report under subsection (1): (a) must be given to the Regulator immediately after the person becomes aware of the incident; and (b) must be in writing, or may be given orally but must be confirmed by written notice given to the Regulator as soon as practicable after being given orally; and (c) must be in the approved form (if any); and (d) must contain the information (if any) prescribed by the regulations; and (e) must be given to the Regulator in the manner (if any) prescribed by the regulations. Civil penalty provision (4) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 5,000 penalty units. Offence (5) A person commits an offence if: (a) the person is the holder of a licence; and (b) the person engages in conduct; and (c) the conduct contravenes subsection (1). Penalty: (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or (b) for a body corporate—14,000 penalty units. (6) Strict liability applies to paragraphs (5)(a) and (c). 22 Duty on licence holders—competence and supervision (1) A person who is the holder of a licence must, so far as reasonably practicable, ensure that: (a) the persons authorised to conduct regulated activities under the licence have the appropriate expertise, training and information to ensure the nuclear safety of those activities; and (b) those activities are appropriately supervised. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 5,000 penalty units. Offence (3) A person commits an offence if: (a) the person is the holder of a licence; and (b) the person engages in conduct; and (c) the conduct contravenes subsection (1). Penalty: (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or (b) for a body corporate—14,000 penalty units. (4) Strict liability applies to paragraph (3)(a). 23 Duty on licence holders—complying with licence conditions (1) A person who is the holder of a licence must comply with the conditions of the licence that apply to the person. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 5,000 penalty units. Offence (3) A person commits an offence if: (a) the person is the holder of a licence; and (b) the person engages in conduct; and (c) the conduct contravenes a licence condition. Penalty: (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or (b) for a body corporate—14,000 penalty units. (4) Strict liability applies to paragraphs (3)(a) and (c). Exception (5) Subsections (2) and (3) do not apply if an exemption granted under section 144 applies to the person in relation to the licence condition. Note 1: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act). Note 2: For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). Subdivision C—Nuclear safety duties applying to persons authorised by a licence 24 Duty on authorised persons—nuclear safety management systems (1) A person who is authorised to conduct a regulated activity under a licence must, so far as reasonably practicable, implement and comply with the nuclear safety management system that applies to the regulated activity. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 2,500 penalty units. Offence (3) A person commits an offence if: (a) the person is authorised to conduct a regulated activity under a licence; and (b) the person engages in conduct; and (c) the conduct contravenes subsection (1). Penalty: (a) for an individual—imprisonment for 3 years or 175 penalty units, or both; or (b) for a body corporate—7,000 penalty units. (4) Strict liability applies to paragraph (3)(a). 25 Duty on authorised persons—complying with licence conditions (1) A person who is authorised by a licence (other than the licence holder) must comply with the conditions of the licence that apply to the person. Civil penalty provision (2) A person is liable to a civil penalty if the person contravenes subsection (1). Note 1: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act). Note 2: Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified). Civil penalty: 2,500 penalty units. Offence (3) A person commits an offence if: (a) a person is authorised by a licence; and (b) the person engages in conduct; and (c) the conduct contravenes a licence condition. Penalty: (a) for an individual—imprisonment for 3 years or 175 penalty units, or both; or (b) for a body corporate—7,000 penalty units. (4) Strict liability applies to paragraphs (3)(a) and (c). Exception (5) Subsections (2) and (3) do not apply if an exemption granted under section 144 applies to the person in relation to the licence condition. Note 1: For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act). Note 2: For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code). Part 3—Australian naval nuclear power safety licences Division 1—Simplified outline of this Part 26 Simplified outline of this Part A person must be authorised by an Australian naval nuclear power safety licence to conduct a regulated activity, and comply with the conditions of the licence (see sections 19, 23 and 25 for the offences and civil penalty provisions relating to this). Only Commonwealth‑related persons can apply to the Regulator for a licence and be a licence holder (see section 29 for who are Commonwealth‑related persons). However, other people may also be authorised under the licence (see paragraphs 27(a) and (b) for who is authorised under a licence). On receiving an application for a licence, the Regulator must decide whether to issue the licence. The Regulator can also impose conditions on the licence, as well as vary, suspend or cancel the licence. Division 2—Australian naval nuclear power safety licences 27 Australian naval nuclear power safety licences An Australian naval nuclear power safety licence authorises: (a) the licence holder; and (b) a person, or class of persons, specified in the licence as being an authorised person; to conduct one or more regulated activities that are specified in the licence, subject to the conditions of the licence. 28 Who may apply for a licence? A Commonwealth‑related person may apply for a licence. 29 Who are Commonwealth‑related persons? (1) A Commonwealth‑related person is: (a) the Commonwealth; or (b) a corporate Commonwealth entity; or (c) a Commonwealth company; or (d) a Commonwealth contractor. (2) A person is a Commonwealth contractor if: (a) the person is not a person referred to in paragraph (1)(a), (b) or (c); and (b) the person is a party to a contract with a person referred to in any of those paragraphs; and (c) the contract relates to a regulated activity. 30 Requirements of the application (1) An application for a licence must: (a) specify the regulated activity to be authorised by the licence; and (b) specify the persons, or class of persons, to be authorised to conduct the regulated activity; and (c) specify the period of the licence; and (d) for a licence to authorise a facility activity—specify the designated zone, and the area within that zone, in which the facility activity may be conducted under the licence; and (e) for a licence to authorise a submarine activity: (i) for a submarine activity referred to in paragraph 13(a)—specify the designated zone, and the area within that zone, in which the submarine activity may be conducted under the licence; or (ii) for any other submarine activity—specify the Australian submarine in relation to which the submarine activity may be conducted under the licence; and (f) for a licence to authorise a material activity—specify: (i) the designated zone or Australian submarine; and (ii) the area within that zone or submarine; in which the material activity may be conducted under the licence; and (g) for an application made by the Commonwealth—specify the non‑corporate Commonwealth entity or Commonwealth officer who is making the application on behalf of the Commonwealth; and (h) be in writing; and (i) be in the approved form (if any); and (j) contain the information (if any) prescribed by the regulations; and (k) be accompanied by the documents (if any) prescribed by the regulations; and (l) be given to the Regulator in the manner (if any) prescribed by the regulations. (2) To avoid doubt, the application may relate to: (a) one or more regulated activities; and (b) one or more designated zones, or areas of designated zones; and (c) one or more AUKUS submarines. 30A Regulator may require further information (1) The Regulator may, by written notice given to the applicant for a licence, require the applicant to give the Regulator further information in connection with the application. (2) Any information required under subsection (1) must be of a kind prescribed by the regulations. (3) The Regulator may make the requirement under subsection (1) at any time before the Regulator makes a decision on the application under section 31, whether before or after the Regulator has begun to consider the application. (4) If the Regulator makes a requirement under subsection (1) in relation to an application, the Regulator may refuse to consider, or further consider, the application until the further information required has been given to the Regulator. 31 Issuing licences (1) If a Commonwealth‑related person makes an application for a licence under section 28, the Regulator may issue, or refuse to issue, the licence to the person. (2) In deciding whether to issue a licence, the Regulator must: (a) be satisfied: (i) that the applicant will be able to comply with the conditions of the licence; and (ii) of any matter prescribed by the regulations; and (b) take into account: (i) international best practice in relation to nuclear safety that is relevant to naval nuclear propulsion; and (ii) any matter prescribed by the regulations. (3) A licence under subsection (1) may authorise: (a) any or all of the regulated activities specified in the application; and (b) any or all of the persons, or class of persons, specified in the application; and (c) regulated activities to be conducted in any or all of the designated zones, or areas in those zones, specified in the application. (4) A licence issued to the Commonwealth may be issued in the name of the non‑corporate Commonwealth entity or Commonwealth officer who made the application for the licence on behalf of the Commonwealth. 32 Licence conditions (1) A licence is subject to all of the following conditions: (a) the condition set out in subsection (2); (b) the conditions prescribed by the regulations; (c) conditions specified by the Regulator in the licence at the time of issuing the licence; (d) any conditions specified by the Regulator under subsection 34(2) after the licence is issued. (2) A licence is subject to the condition that the licence holder must take all reasonably practicable steps to prevent: (a) breaches of the licence conditions that apply to the licence holder (other than this condition); and (b) breaches of any licence conditions that apply to persons authorised to conduct regulated activities under the licence. (3) A condition may be prescribed or specified for the purposes of paragraph (1)(b) or (c) only if the condition is necessary to ensure nuclear safety. (4) Without limiting the conditions that may be prescribed or specified for the purposes of paragraph (1)(b) or (c), conditions about the following matters may be prescribed or specified for the purposes of those paragraphs: (a) nuclear safety management systems; (b) nuclear safety incident reporting; (c) the expertise, training and supervision of authorised persons; (d) plans or arrangements about any of the following: (i) nuclear safety; (ii) organisational structure, resourcing and culture relating to nuclear safety; (iii) interaction with other regulated activities conducted in the same designated zone or in relation to the same Australian submarine by persons other than those authorised by the licence (for example, by persons authorised by another licence); (iv) emergency preparedness and response; (v) prevention and minimisation of nuclear safety incidents; (vi) prevention and minimisation of errors (whether human, mechanical, system or otherwise) and organisational failures; (vii) protection of the environment; (viii) investigation and reporting of breaches of licence conditions; (ix) record‑keeping; (x) compliance with applicable standards and codes; (xi) maintaining effective control over regulated activities; (xii) security; (xiii) interaction with obligations imposed by other laws; (xiv) management of radioactive waste; (xv) disposal or decommissioning of something relating to a regulated activity. 33 Period of licences (1) A licence may be issued: (a) for an indefinite period; or (b) for a period specified in the licence. (2) A licence continues in force until: (a) it is cancelled or surrendered; or (b) if the licence was issued for a specified period—the end of that period (or that period as extended under paragraph 34(2)(d)), unless earlier cancelled or surrendered. (3) However, a licence is not in force during any period it is suspended, to the extent it is suspended. 34 Varying licences (1) The Regulator may, by notice in writing given to the licence holder, vary a licence. (2) Without limiting subsection (1), the Regulator may: (a) impose additional licence conditions; or (b) remove or vary licence conditions that were imposed by the Regulator; or (c) extend or reduce the authority granted by the licence (including by adding or removing the regulated activities authorised by the licence, or by adding or removing persons or classes of persons authorised to conduct regulated activities); or (d) if the licence was issued for a specified period—extend that period. (3) A licence may be varied under subsection (1): (a) on written application by the licence holder; or (b) on the Regulator's own initiative. (4) A notice given under subsection (1) is not a legislative instrument. 35 Suspending or cancelling licences Discretionary power to suspend or cancel licence (1) The Regulator may, by notice in writing given to the licence holder, suspend or cancel a licence if: (a) a condition of the licence has been breached, whether by the licence holder or by a person authorised by the licence; or (b) the Regulator believes on reasonable grounds that the licence holder, or a person authorised by the licence, has: (i) committed an offence against this Act; or (ii) contravened a civil penalty provision of this Act; or (c) the licence was obtained improperly. (2) A licence may be suspended or cancelled under subsection (1): (a) on written application by the licence holder; or (b) on the Regulator's own initiative. Requirement to suspend licence (3) The Regulator must, by notice in writing given to the licence holder, suspend a licence if the Regulator is satisfied that the suspension is necessary for the purpose of: (a) protecting human life; or (b) ensuring nuclear safety; or (c) dealing with an emergency involving a serious threat to the environment. Special provisions for suspending licences (4) A licence may be suspended under subsection (1) or (3) wholly or to the extent specified in writing by the Regulator. (5) A suspension: (a) comes into force on the day specified by the Regulator in writing or, if no day is so specified, on the day the licence holder is notified in writing of the suspension; and (b) remains in force until: (i) the end of the period specified in writing by the Regulator, which must not exceed the period prescribed by the regulations; or (ii) if no period is specified—the end of the period prescribed by the regulations; unless it is cancelled or surrendered earlier. (6) A period referred to in subparagraph (5)(b)(i) may be specified by reference to the fulfilment of a requirement or condition specified by the Regulator. Instruments are not legislative instruments (7) A specification under subsection (5) is not a legislative instrument. 36 Regulator to give notice before varying, suspending or cancelling licences (1) This section applies if: (a) the Regulator is proposing to take any of the following action: (i) vary a licence under subsection 34(1); (ii) suspend or cancel a licence under subsection 35(1); and (b) the licence holder did not apply to the Regulator under subsection 34(3) or 35(2) to take that action. (2) The Regulator must, before taking the action: (a) give the licence holder a notice, in writing, inviting the licence holder to show cause, within a reasonable period specified in the notice, why the action should not be taken; and (b) consider any representations the licence holder makes to the Regulator within that period. (3) A notice given under subsection (2) is not a legislative instrument. 37 Surrendering licences The holder of a licence may, with the consent of the Regulator, surrender the licence. 38 Review of licence decisions Decisions which may be reviewed (1) This section applies to any decisions of the Regulator under this Part (the original decision), other than a decision made under subsection 35(3) (which requires the Regulator to suspend a licence in certain circumstances). Internal review (2) As soon as practicable after the original decision is made, a written notice must be given to the person (the relevant person) who is: (a) for a decision relating to a refusal to issue a licence, or to issue a licence on terms that are different from those applied for—the applicant for the licence; and (b) for a decision relating to varying, suspending, cancelling or surrendering a licence—the licence holder. (3) The notice must contain: (a) the terms of the decision; and (b) the reasons for the decision; and (c) a statement setting out particulars of the person's right to have the decision reviewed under this section. (4) The relevant person may apply to the Regulator for review of the original decision unless the original decision was made by the Director‑General. (5) An application for review under subsection (4) must: (a) be in the approved form; and (b) contain the information required by the regulations; and (c) be made within: (i) 30 days after the day on which the written notice of the decision was given to the relevant person; or (ii) such longer period as allowed by the Regulator either before or after the end of the 30‑day period. (6) The Regulator must, on receiving an application under subsection (4) for review of the original decision, cause the original decision to be reviewed by a person who is to perform the Regulator's power under this section, being a person who: (a) was not involved in making the original decision; and (b) occupies a position that is senior to that occupied by any person involved in making the original decision. (7) A person who reviews the original decision under this section may: (a) make a decision affirming, varying or revoking the original decision; and (b) if the person revokes the original decision—make such other decision as the person thinks appropriate. (8) A failure to comply with the requirements of subsection (2) in relation to the original decision does not affect the validity of the original decision. AAT review (9) Applications may be made to the Administrative Appeals Tribunal for review of: (a) if the Director‑General made the original decision—the original decision; or (b) a decision made under subsection (7) on internal review of the original decision. Part 4—Compliance and enforcement Division 1—Simplified outline of this Part 39 Simplified outline of this Part This Part sets out the powers that an inspector may exercise to monitor and ensure compliance, and investigate non‑compliance, with this Act. Inspectors also have powers to investigate nuclear safety incidents. Inspectors' powers include entering monitoring areas and investigation areas, conducting searches, operating equipment, and securing or seizing evidence. Some of the inspectors' powers may only be exercised with a warrant or consent. Inspectors also have powers to give directions, improvement notices and prohibition notices, and to make requirements of persons. An inspector may be assisted by other persons, called "persons assisting", who may exercise the same powers as the inspector. The Regulatory Powers Act provides for the enforcement of civil penalty provisions of this Act. Division 2—Monitoring 40 Entry, and exercise of powers, for monitoring purposes (1) An inspector may, at any time, enter a monitoring area, and exercise the monitoring powers, for the purposes of: (a) determining whether this Act has been, or is being, complied with; or (b) determining whether information provided under, or for the purposes of, this Act is correct; or (c) investigating a nuclear safety incident if, at the time the inspector enters the monitoring area or exercises a monitoring power (other than under subsection 42(1)) in relation to the monitoring area, the inspector does not reasonably suspect that the incident involves a contravention of an offence provision, or a civil penalty provision, of this Act. Note 1: A reference in this Part to entering a monitoring area includes a reference to boarding an Australian submarine or an