AUSTRALIAN NAVAL NUCLEAR POWER SAFETY BILL 2023

The Deputy Prime Minister and Minister for Defence, the Hon Richard Marles MP, has made it clear that Australia will not be responsible for managing or disposing of high-level waste from other countries, including the United States and the United Kingdom. 

Australia will only be responsible for managing spent fuel from Australia’s own conventionally-armed, nuclear-powered submarines, which is a reflection of best practice in nuclear stewardship. 

As the National Defence Strategy released in April 2024 confirms, we confront the most challenging strategic circumstances since the Second World War. And we do so at a time when Australia’s economic connection to the world has never been greater. 

We need to develop a more integrated, focused Australian Defence Force so we can defend Australia and our immediate region, protect our economic connection to the world and contribute with our partners to regional security and stability. Australia’s acquisition of conventionally-armed, nuclear-powered submarines is fundamental to this, and will ensure we have a Defence Force with a much greater capacity to deter a potential adversary’s attempt to project power against Australia. 

Central to the Albanese Government’s approach to AUKUS is ensuring Australia is a responsible nuclear steward and maintains the highest standard of nuclear safety in respect of nuclear-powered submarines. 

In November 2023, the Albanese Government introduced legislation to establish a new regulatory framework including an independent, statutory regulator – the Australian Naval Nuclear Power Safety Regulator – to ensure nuclear safety within Australia’s nuclear-powered submarine enterprise. 

The framework is informed by the regulatory standards established by our AUKUS partners and Australia’s existing nuclear regulatory framework, as we leverage their experience and Australia’s own record of managing radioactive waste safely and securely. 

The Bill proposes to establish a statutory regulator that is fully independent of Defence and the Australian Submarine Agency. The Bill requires that the Director-General and Deputy Director-General are not to be members of the Australian Defence Force or the Reserves, and would be outside the chain of command of Defence and the Australian Defence Force. The regulatory framework would be harmonised and allow close collaboration with Australia’s existing nuclear regulatory framework. 

On 13 May 2024, the Senate Foreign Affairs, Defence and Trade Legislation Committee tabled its inquiry into the Bill, which includes several recommendations to Government. The Albanese Government is considering these recommendations and possible amendments to ensure the Bill establishes a robust, effective regulatory framework and maintains the highest standard of nuclear safety.