Document ID: chunk:federal_register_of_legislation:C2016A00101:section:8
Version: federal_register_of_legislation:C2016A00101
Segment Type: section
Provision Reference: s 8
Character Range: 5336–7336

8  Requirements applying to export of nuclear material and nuclear‑related items
 (1) If:
 (a) a power is exercised, or a function is performed, for the purposes of:
 (i) the Nuclear Non‑Proliferation (Safeguards) Act 1987; or
 (ii) an Act or legislative instrument prescribed by the rules for the purposes of this subparagraph; and
 (b) the conditions in subsection (3) are met at the time the power or function is exercised or performed;
then, so far as the exercise or performance is in connection with the export from Australia of nuclear material or of a nuclear‑related item, it is taken not to be inconsistent with Australia's obligations, under the specified international agreements, in relation to the nuclear safeguards to be applied in India.
 (2) If:
 (a) a power is exercised, or a function is performed, by a person for the purposes of:
 (i) the Defence Trade Controls Act 2012; or
 (ii) the Customs (Prohibited Exports) Regulations 1958; or
 (iii) an Act or legislative instrument prescribed by the rules for the purposes of this subparagraph; and
 (b) the conditions in subsection (3) are met at the time the power or function is exercised or performed;
then, so far as the exercise or performance is in connection with the export from Australia of nuclear material or of a nuclear‑related item, the person is taken to have had due regard to Australia's obligations, responsibilities and commitments, under the specified international agreements, in relation to the nuclear safeguards to be applied in India.
 (3) The conditions are:
 (a) the Australia‑India agreement is in force; and
 (b) the India‑IAEA agreement is in force; and
 (c) the person exercising the power or performing the function is satisfied that the nuclear material or nuclear‑related item will be subject to safeguards under the India‑IAEA agreement if supplied to a place in India.
 (4) This section applies to the exercise of a power or performance of a function before, on or after commencement of this Act.