Australian Safeguards and Non-Proliferation Office

Annual Regulatory Plan - Australian Safeguards and Non Proliferation Office, 2008-09

Past regulatory change

Amendment to the Convention on the Physical Protection of Nuclear Material (CPPNM) to protect nuclear materials in domestic use, transport and storage, and nuclear facilities against sabotage

Description of issue

The CPPNM was amended by agreement of the States Parties to the Convention on 8 July 2005. In particular, additional requirements were agreed to protect nuclear facilities and nuclear materials in domestic use, transport and storage, including measures to protect nuclear facilities against sabotage. The amended CPPNM required changes and additions to the provisions of the Nuclear Non-Proliferation (Safeguards) Act 1987 (the "Safeguards Act") - notably offences under Part III, Division 2 and Schedule 4.

To achieve full compliance with the CPPNM amendment, the Safeguards Act was amended by the Non-Proliferation Legislation Amendment Act 2007 to inter alia, extend existing offences to make them consistent with these new requirements. The amended CPPNM also requires States Parties to adjust their national extradition arrangements to allow prosecution of offences against the new Article 7. In particular, new offences are added for: international trafficking of nuclear material; sabotage of nuclear facilities with intent to cause death, injury or damage to the environment by exposure to radiation or radioactive substances; acts organising or directing others to commit an offence specified by Article 7 (conspiracy); and acts contributing to the commission of other offences specified by Article 7. On 11 September 2007, regulations were promulgated under the Extradition Act 1988, administered by the Attorney-General's Department. With this legislative amendment, Australia has in place all necessary measures to meet the requirements of the amended Convention.

Date of effect

Australia ratified the Amendment to the Convention on 17 July 2008. As at 17 June 2011 , the Amendment has been ratified by 48 of the 145 States Parties to the Convention. The amendment to the CPPNM will come into force when two thirds of the States Parties to have either ratified, accepted or approved the Amendment.

Date last modified

5 August 2011

Contact details

Dr Stephan Bayer
Australian Safeguards and Non-Proliferation Office
Department of Foreign Affairs and Trade
Tel: (02) 6261 1920 | Fax: (02) 6261 1908