Document ID: chunk:federal_register_of_legislation:C2024A00092:clause:1_3
Version: federal_register_of_legislation:C2024A00092
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 3836–5707

3  Transitioning certain facility licences and source licences under the ARPANS Act to licences under the ANNPS Act
(1) This item applies if:
 (a) a licence is issued to a person (the licence holder) under section 32 or 33 of the ARPANS Act; and
 (b) the licence is in force immediately before commencement; and
 (c) the licence authorises a person:
 (i) to conduct an activity referred to in subsection 30(1) of the ARPANS Act and an activity referred to in paragraph 32(1A)(b) of that Act; or
 (ii) to conduct an activity referred to in subsection 31(1) of the ARPANS Act; and
 (d) at commencement, the activity is a regulated activity.
(2) On and after commencement the licence continues in force (and may be dealt with) under the ARPANS Act but only to the extent that the licence relates to an activity that is not a regulated activity.
(3) On and after commencement the licence, only to the extent that it relates to a regulated activity:
 (a) has effect as if it were an Australian naval nuclear power safety licence issued to the licence holder under subsection 31(1) of the ANNPS Act; and
 (b) is subject to the following conditions:
 (i) the conditions referred to in paragraphs 32(1)(a) and (b) of the ANNPS Act;
 (ii) any conditions specified in relation to the licence by the Regulator on or after commencement under subsection 34(2) of the ANNPS Act;
 (iii) any conditions prescribed by the regulations.
Note: Paragraph (a) means that on and after commencement the licence, to the extent it relates to a regulated activity, is taken to be an Australian naval nuclear power safety licence and can be dealt with as such. On and after commencement, it is no longer a licence under the ARPANS Act to the extent the licence relates to the regulated activity, and section 35 of that Act (about licence conditions) no longer applies to the licence to that extent.