Commonwealth Numbered Regulations - Explanatory Statements

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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) REGULATIONS (AMENDMENT) 1997 NO.351

Statutory Rules 1997 No. 351

Issued by the authority of the Minister for Foreign Affairs

Nuclear Non-Proliferation (Safeguards) Act 1987

Nuclear Non-Proliferation (Safeguards) Regulations (Amendment)

These Regulations amend the Nuclear Non-Proliferation (Safeguards) Regulations to:

(i)       give effect to the Protocol additional to Australia's Safeguards Agreement with the IAEA and specify the date of effect;

(ii)       give effect to Australia's bilateral nuclear cooperation agreement with Mexico, which was concluded in 1992;

(iii)       correct a drafting error concerning the description of the Safeguards Agreement between Australia and the IAEA.

Regulation 1 - Amendment

Regulation 1 is a declaratory provision.

Regulation 2 - Regulation 2A (Prescribed international agreements)

Regulation 2 is a consequential amendment to regulation 2A of the Regulations.

Regulation 3 - New regulation 2B (Supplementary Agency Agreements)

Regulation 3 inserts a new regulation 2B into the Regulations to provide that a Supplementary Agency Agreement mentioned in Schedule 2 has effect from the day specified in the Schedule.

Regulation 4 - Regulation 3 (Nuclear material to which Part II of the Act does not apply)

Regulation 4 amends regulation 3 of the Regulations to restrict exemptions which can be made from the Act to material which is not subject to the provisions of either a prescribed international agreement or the Safeguards Agreement between Australia and the IAEA.

Regulation 5 - Schedule

Subregulation 5(1) makes a consequential amendment to the heading to the Schedule.

Subregulation 5(2) amends Schedule 1 by deleting Item 1.

Subregulation 5(3) adds a new Item 5 to Schedule 1, the 1992 nuclear cooperation -agreement between Australia and Mexico.

Regulation 6 - New Schedule 2

Regulation 6 adds a new Schedule 2, 'Supplementary Agency Agreements', to the Regulations, which lists the Protocol additional to the Safeguards Agreement between Australia and the IAEA, and specifies that the date of effect for the Protocol is 10 December 1997.

The Regulations commence on gazettal.