Nuclear Safeguards Functions

ASNO works to enhance Australian and international security through activities which strengthen the effectiveness of the WMD non-proliferation regimes. In particular, through treaty implementation, domestic regulation and through the application of specialist knowledge to complex policy problems in technical areas, including treaty verification and compliance.

The Non-Proliferation Legislation Amendment Act 2003 enabled the offices of the national authority for safeguards, the national authority for the Chemical Weapons Convention (CWC) and the national authority for the Comprehensive Nuclear-Test-Ban Treaty (CTBT) to be formally consolidated under a common title, named the Australian Safeguards and Non-Proliferation Office (ASNO). The legislation also enabled the titles of each of the directors of the three national authorities to be combined as the Director General ASNO.

Entering into force in March 1970, the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) is the cornerstone of the international nuclear non-proliferation regime and considered to be one of the United Nations' most successful multilateral treaties. The NPT has become almost universal, with 191 Parties. India, Israel, Pakistan and South Sudan have never joined the NPT. The Democratic People's Republic of Korea (DPRK) was purported to withdraw from the NPT in 2003.

Under the NPT, non-nuclear-weapon states (NNWS) agree not to receive, manufacture or otherwise acquire nuclear weapons or other nuclear explosive devices. The five nuclear-weapons states (NWS) agree not to transfer nuclear weapons or other nuclear explosive devices, and not in any way to assist, encourage or induce an NNWS to manufacture or otherwise acquire nuclear weapons.

Nuclear Non-Proliferation (Safeguards) Act 1987

The Nuclear Non-Proliferation (Safeguards) Act 1987 (Safeguards Act), which took effect on 31 March 1987, forms the legislative basis for ASNO's nuclear safeguards and security activities across Australia.

The Safeguards Act gives effect to Australia's obligations under:

• the NPT
• Australia's Comprehensive Safeguards Agreement and Additional Protocol with the IAEA
• agreements between Australia and various countries (and Euratom) concerning transfers of nuclear items and cooperation in peaceful uses of nuclear energy¹
• the Amended Convention on the Physical Protection of Nuclear Material (A/CPPNM) and
• the International Convention for the Suppression of Acts of Nuclear Terrorism (ICSANT).

The Safeguards Act also establishes a system for control over nuclear material and associated items in Australia through requirements for permits for their possession and transport. Communication of information contained in sensitive nuclear technology is also controlled through the grant of authorities.

The functions of ASNO and the Director General ASNO are set out in Part IV of the Safeguards Act and include:

• ensuring the effective operation of the Australian safeguards system
• ensuring the physical protection and security of nuclear material and items in Australia
• carrying out Australia's obligations under Australia's safeguards agreement and Additional Protocol with the IAEA
• carrying out Australia's obligations under Australia's nuclear cooperation agreements with other countries and Euratom
• operating Australia's bilateral nuclear cooperation agreements and monitoring compliance with the provisions of these agreements
• undertaking, coordinating and facilitating research and development in relation to safeguards and
• advising the Minister for Foreign Affairs on matters relating to the international nuclear non-proliferation regime and the international safeguards system.

1 See Appendix A