Australian Naval Nuclear Power Safety Bill 2023

The Australia, United Kingdom and United States (AUKUS) security partnership is committed to promoting a free, open, secure and stable Indo-Pacific region. The first major AUKUS initiative, Australia’s acquisition of conventionally-armed nuclear-powered submarines (NPS), will enhance capacity to defend Australia and its national interests.

The Australian Naval Nuclear Power Safety Bill 2023 (ANNPS Bill), introduced into Parliament on 16 November 2023, continues the Australian Government’s considered, phased approach to building an enduring legislative and regulatory framework for responsible nuclear stewardship.

The ANNPS Bill, when enacted, will enable the establishment of a new fit-for-purpose regulatory framework to ensure nuclear safety within Australia’s nuclear-powered submarine enterprise and capability lifecycle.

This legislation is reflective of the Australian Government’s recognised need to:

  • Protect the health and safety of people, and the environment, from the harmful effects of radiation.
  • Implement proper operating conditions for regulated activities.
  • Prevent accidents.
  • Mitigate the consequences of accidents if they occur.

The ANNPS Bill was introduced to Parliament alongside the Australian Naval Nuclear Power Safety (Transitional Provisions) Bill 2023, which will enable the transition of any licences issued by the CEO of the Australian Radiation Protection and Nuclear Safety Agency, where they correspond to regulated activities under the ANNPS Bill.

The legislation does not alter in any way the moratorium on civil nuclear power in Australia, a feature of Australian law since the late 1990s.

Discussion paper

The Australian Government is committed to transparent and continuous community engagement on the nuclear-powered submarine legislative and regulatory framework.

The Discussion Paper: The legal and regulatory framework to support Naval Nuclear Power Safety, supports public understanding of the ANNPS Bill, containing a detailed summary of the development, structure, scope, operation and content.

The paper also outlines future opportunities for the community to share views and remain informed on the development of legislation and regulations for Australia’s conventionally-armed nuclear-powered submarine enterprise.

This paper covers:

  • Why is legislation required?
    Background on the nuclear-powered submarine enterprise and the Optimal Pathway, and rationale for a new legislative and regulatory framework.
  • How has the ANNPS Bill been developed?
    Design principles which have influenced the development of the ANNPS Bill and an explanation of the planned legislative and regulatory architecture governing the nuclear-powered submarine capability.
  • How will the ANNPS Bill operate?
    An overview of the structure and content of the ANNPS Bill, including how it will establish a new regulatory framework and the new regulatory agency and its powers.
  • How is the Australian Government engaging the public on the development of this legislation?
    An overview of the consultation approach to the ANNPS Bill and future steps in the legislative program.

Discussion Paper: The legal and regulatory framework to support Naval Nuclear Power Safety (PDF, 750.55 KB)

Next steps

The ANNPS Bill is currently before the Australian Parliament. The ANNPS Bill was referred to the Senate Standing Committee on Foreign Affairs, Defence and Trade, which tabled its final report on 13 May 2024. The progress of the ANNPS Bill can be tracked through the Parliament website, and key developments will be updated on this webpage.

Contacts

media@defence.gov.au