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senate vote 2024-10-10#14
Edited by
mackay staff
on
2024-10-20 09:17:55
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Title
Bills — Australian Naval Nuclear Power Safety Bill 2024, Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023; Second Reading- Australian Naval Nuclear Power Safety Bill 2024 and another - Committee of the Whole - Nuclear safety incidents and prohibiting radioactive waste under certain circumstances
Description
<p class="speaker">Malcolm Roberts</p><p>Could I have my name recorded as supporting 2518 and supporting 2519, please?</p> <p class="speaker">Tim Ayres</p><p>Senator Roberts, I'm informed that those two amendments were not in the vote that we did just then.</p> <p class="speaker">Jacqui Lambie</p><p>by leave—I move my committee of the whole amendments on sheet 2978:</p><p class="italic">(1) Clause 5, page 9 (after line 6), after the definition of <i>licence</i>, insert:</p><p class="italic"><i>low level radioactive material</i> means radioactive material (within the meaning of the <i>National Radioactive Waste Management Act 2012</i>) that is not high level radioactive material (within the meaning of that Act).</p><p class="italic">(2) Clause 8A, page 14 (after line 15), at the end of the clause, add:</p><p class="italic">(3) This section has no effect to the extent of any inconsistency with section 8C.</p><p class="italic">(3) Page 14 (after line 27), at the end of Subdivision A, add:</p><p class="italic">8C Prohibition on receiving and storing radioactive waste</p><p class="italic">(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:</p><p class="italic">(a) for an AUKUS submarine not operated by Australia for naval or military purposes—arrangements have been made for any low level radioactive material to be removed from Australia by the operator of that AUKUS submarine to a suitable radioactive waste management facility outside of Australia within 12 months; or</p><p class="italic">(b) for an AUKUS submarine operated by Australia for naval or military purposes—the site of a suitable long-term radioactive waste management facility has been identified and gazetted.</p><p class="italic">(2) The Regulator must not issue a licence in respect of the receipt or storage of radioactive waste from an AUKUS submarine unless paragraph (1)(a) or (b) applies.</p><p class="italic">(4) Clause 21, page 24 (lines 13 and 14), omit subparagraph (2)(b)(ii), substitute:</p><p class="italic">(ii) releases radioactive material into the environment, or could have resulted in a release of radioactive material into the environment; or</p><p class="italic">(5) Clause 21, page 25 (after line 13), at the end of the clause add:</p><p class="italic"> <i>Definitions of serious illness and serious injury</i></p><p class="italic">(7) In this section:</p><p class="italic"> <i>serious illness</i> has the meaning given by an instrument made under subsection (8).</p><p class="italic"><i>serious injury</i> has the meaning given by an instrument made under subsection (8).</p><p class="italic">(8) The Minister may, by legislative instrument, determine the meanings of <i>serious illness</i> and <i>serious injury</i> for the purposes of subsection (7).</p><p class="italic">(6) Clause 109, page 97 (after line 25), after subclause (3A), insert:</p><p class="italic"> <i>Qualification for nomination</i></p><p class="italic">(3B) The Minister must not nominate a person for appointment as Director-General or Deputy Director-General unless the Senate agrees to the nomination by resolution of the Senate, agreed to by an absolute majority of Senators.</p><p class="italic">(7) Clause 123A, page 106 (line 29), omit paragraph (1)(b), substitute:</p><p class="italic">(b) the release radioactive material into the environment.</p><p class="italic">(8) Clause 123A, page 107 (lines 1 to 3), omit subclause (2), substitute:</p><p class="italic">(2) If the Director-General becomes aware that a nuclear safety incident has occurred:</p><p class="italic">(a) the Director-General must notify the Minister about the incident as soon as possible; and</p><p class="italic">(b) the Minister must notify the Prime Minister about the incident as soon as possible after the Minister has been notified about the incident; and</p><p class="italic">(c) the Prime Minister must notify the Premiers and Chief Ministers of the relevant State and Territories about the incident as soon as possible after the Prime Minister has been notified about the incident.</p><p class="italic">(2A) If the Minister and Prime Minister are notified of an incident under subsection (2), the Minister and Prime Minister must issue a joint public statement about the incident within 24 hours of both being notified.</p> <p class="speaker">Matt O'Sullivan</p><p>The question is that the amendments circulated by Senator Lambie on sheet 2978 be agreed to.</p><p class="italic"> <i>Senator Lambie's circulated amendments—</i></p><p class="italic">(1) Clause 5, page 9 (after line 6), after the definition of <i>licence</i>, insert:</p><p class="italic"><i>low level radioactive material</i> means radioactive material (within the meaning of the <i>National Radioactive Waste </i><i>Management Act 2012</i>) that is not high level radioactive material (within the meaning of that Act).</p><p class="italic">(2) Clause 8A, page 14 (after line 15), at the end of the clause, add:</p><p class="italic">(3) This section has no effect to the extent of any inconsistency with section 8C.</p><p class="italic">(3) Page 14 (after line 27), at the end of Subdivision A, add:</p><p class="italic">8C Prohibition on receiving and storing radioactive waste</p><p class="italic">(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:</p><p class="italic">(a) for an AUKUS submarine not operated by Australia for naval or military purposes—arrangements have been made for any low level radioactive material to be removed from Australia by the operator of that AUKUS submarine to a suitable radioactive waste management facility outside of Australia within 12 months; or</p><p class="italic">(b) for an AUKUS submarine operated by Australia for naval or military purposes—the site of a suitable long-term radioactive waste management facility has been identified and gazetted.</p><p class="italic">(2) The Regulator must not issue a licence in respect of the receipt or storage of radioactive waste from an AUKUS submarine unless paragraph (1)(a) or (b) applies.</p><p class="italic">(4) Clause 21, page 24 (lines 13 and 14), omit subparagraph (2)(b)(ii), substitute:</p><p class="italic">(ii) releases radioactive material into the environment, or could have resulted in a release of radioactive material into the environment; or</p><p class="italic">(5) Clause 21, page 25 (after line 13), at the end of the clause add:</p><p class="italic"> <i>Definitions of serious illness and serious injury</i></p><p class="italic">(7) In this section:</p><p class="italic"> <i>serious illness</i> has the meaning given by an instrument made under subsection (8).</p><p class="italic"><i>serious injury</i> has the meaning given by an instrument made under subsection (8).</p><p class="italic">(8) The Minister may, by legislative instrument, determine the meanings of <i>serious illness</i> and <i>serious injury</i> for the purposes of subsection (7).</p><p class="italic">(6) Clause 109, page 97 (after line 25), after subclause (3A), insert:</p><p class="italic"> <i>Qualification for nomination</i></p><p class="italic">(3B) The Minister must not nominate a person for appointment as Director-General or Deputy Director-General unless the Senate agrees to the nomination by resolution of the Senate, agreed to by an absolute majority of Senators.</p><p class="italic">(7) Clause 123A, page 106 (line 29), omit paragraph (1)(b), substitute:</p><p class="italic">(b) the release radioactive material into the environment.</p><p class="italic">(8) Clause 123A, page 107 (lines 1 to 3), omit subclause (2), substitute:</p><p class="italic">(2) If the Director-General becomes aware that a nuclear safety incident has occurred:</p><p class="italic">(a) the Director-General must notify the Minister about the incident as soon as possible; and</p><p class="italic">(b) the Minister must notify the Prime Minister about the incident as soon as possible after the Minister has been notified about the incident; and</p><p class="italic">(c) the Prime Minister must notify the Premiers and Chief Ministers of the relevant State and Territories about the incident as soon as possible after the Prime Minister has been notified about the incident.</p><p class="italic">(2A) If the Minister and Prime Minister are notified of an incident under subsection (2), the Minister and Prime Minister must issue a joint public statement about the incident within 24 hours of both being notified.</p><p></p><p></p> -
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2024-10-10.95.32) introduced by Tasmanian Senator [Jacqui Lambie](https://theyvoteforyou.org.au/people/senate/tasmania/jacqui_lambie) (Jacqui Lambie Network), which means they failed and will not form part of the bill.
- ### Amendment text
- > *(1) Clause 5, page 9 (after line 6), after the definition of licence, insert:*
- >
- >> *low level radioactive material means radioactive material (within the meaning of the National Radioactive Waste Management Act 2012) that is not high level radioactive material (within the meaning of that Act).*
- >
- > *(2) Clause 8A, page 14 (after line 15), at the end of the clause, add:*
- >
- >> *(3) This section has no effect to the extent of any inconsistency with section 8C.*
- >
- > *(3) Page 14 (after line 27), at the end of Subdivision A, add:*
- >
- >> *8C Prohibition on receiving and storing radioactive waste*
- >>
- >> *(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:*
- >>
- >>> *(a) for an AUKUS submarine not operated by Australia for naval or military purposes—arrangements have been made for any low level radioactive material to be removed from Australia by the operator of that AUKUS submarine to a suitable radioactive waste management facility outside of Australia within 12 months; or*
- >>>
- >>> *(b) for an AUKUS submarine operated by Australia for naval or military purposes—the site of a suitable long-term radioactive waste management facility has been identified and gazetted.*
- >>
- >> *(2) The Regulator must not issue a licence in respect of the receipt or storage of radioactive waste from an AUKUS submarine unless paragraph (1)(a) or (b) applies.*
- >
- > *(4) Clause 21, page 24 (lines 13 and 14), omit subparagraph (2)(b)(ii), substitute:*
- >
- >> *(ii) releases radioactive material into the environment, or could have resulted in a release of radioactive material into the environment; or*
- >
- > *(5) Clause 21, page 25 (after line 13), at the end of the clause add:*
- >
- >> *Definitions of serious illness and serious injury*
- >>
- >> *(7) In this section:*
- >>
- >>> *serious illness has the meaning given by an instrument made under subsection (8).*
- >>>
- >>> *serious injury has the meaning given by an instrument made under subsection (8).*
- >>
- >> *(8) The Minister may, by legislative instrument, determine the meanings of serious illness and serious injury for the purposes of subsection (7).*
- >
- > *(6) Clause 109, page 97 (after line 25), after subclause (3A), insert:*
- >
- >> *Qualification for nomination*
- >>
- >> *(3B) The Minister must not nominate a person for appointment as Director-General or Deputy Director-General unless the Senate agrees to the nomination by resolution of the Senate, agreed to by an absolute majority of Senators.*
- >
- > *(7) Clause 123A, page 106 (line 29), omit paragraph (1)(b), substitute:*
- >
- >> *(b) the release radioactive material into the environment.*
- >
- > *(8) Clause 123A, page 107 (lines 1 to 3), omit subclause (2), substitute:*
- >
- >> *(2) If the Director-General becomes aware that a nuclear safety incident has occurred:*
- >>
- >>> *(a) the Director-General must notify the Minister about the incident as soon as possible; and*
- >>>
- >>> *(b) the Minister must notify the Prime Minister about the incident as soon as possible after the Minister has been notified about the incident; and*
- >>>
- >>> *(c) the Prime Minister must notify the Premiers and Chief Ministers of the relevant State and Territories about the incident as soon as possible after the Prime Minister has been notified about the incident.*
- >>
- >> *(2A) If the Minister and Prime Minister are notified of an incident under subsection (2), the Minister and Prime Minister must issue a joint public statement about the incident within 24 hours of both being notified.*
- #### Error on this page
- Note that West Australian Senator [Fatima Payman](https://theyvoteforyou.org.au/people/senate/wa/fatima_payman) (Independent) is currently recorded as a rebel voter in the Labor Party, but this is wrong as Senator Payman is now an Independent senator.
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