Document ID: chunk:federal_register_of_legislation:C2024C00562:schedule:3:p1
Version: federal_register_of_legislation:C2024C00562
Segment Type: schedule
Provision Reference: sch 3 (pt 1/26)
Character Range: 152895–155807

Schedule 3—Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non‑Proliferation of Nuclear Weapons
Section 4

WHEREAS Australia is a Party to the Treaty on the Non‑Proliferation of Nuclear Weapons (hereinafter referred to as "the Treaty") opened for signature at London, Moscow and Washington on 1 July 1968 and which entered into force on 5 March 1970;

  WHEREAS paragraph 1 of Article III of the Treaty reads as follows:

  "Each non‑nuclear‑weapon State Party to the Treaty undertakes to accept safeguards, as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency in accordance with the Statute of the International Atomic Energy Agency and the Agency's safeguards system, for the exclusive purpose of verification of the fulfilment of its obligations assumed under this Treaty with a view to preventing diversion of nuclear energy from peaceful uses to nuclear weapons or other nuclear explosive devices. Procedures for the safeguards required by this Article shall be followed with respect to source or special fissionable material whether it is being produced, processed or used in any principal nuclear facility or is outside any such facility. The safeguards required by this Article shall be applied on all source or special fissionable material in all peaceful nuclear activities within the territory of such State, under its jurisdiction, or carried out under its control anywhere";

RECALLING that pursuant to paragraph 1 of Article IV of the Treaty nothing in the Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and the use of nuclear energy for peaceful purposes without discrimination and in conformity with Articles I and II of the Treaty;

RECALLING that according to paragraph 2 of Article IV of the Treaty all the Parties to the Treaty undertake to facilitate, and have the right to participate in, the fullest possible exchange of equipment, materials and scientific and technological information for the peaceful uses of nuclear energy;

WHEREAS it is the desire of Australia and the International Atomic Energy Agency (hereinafter referred to as "the Agency") to avoid unnecessary duplication with regard to Australia's accounting and control activities;

WHEREAS the Board of Governors of the Agency (hereinafter referred to as "the Board") has approved a comprehensive set of model provisions for the structure and contents of agreements between the Agency and States required in connection with the Treaty to be used as the basis for negotiating safeguards agreements between the Agency and non‑nuclear‑weapon States Party to the Treaty;

WHEREAS the Agency is authorized, pursuant to Article III of its Statute, to conclude such agreements;

NOW THEREFORE Australia