This bill became law on Oct 24th, 2024.
Defence & foreign affairs
Australia gets a new safety law for nuclear-powered AUKUS submarinesA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program., covering facilities, submarine work and radioactive equipment linked to those boats.
Australia’s AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page. plan to bring, build and operate nuclear-powered submarines created a new nuclear safety gap that existing laws did not cover. This bill sets up a dedicated regulator and licensing, safety, reporting and enforcement rules for submarine-related nuclear work in Australia.
Australia had already committed under AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page. to acquire, operate and maintain conventionally armed, nuclear-powered submarines, but the parliamentary record says that plan exposed a nuclear safety gap because existing laws did not provide a dedicated framework for submarine-related nuclear work in Australia. The bill answered that gap by creating a specialist safety regulator, licensing and incident-reporting rules for facilities and work tied to AUKUS submarinesA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program., and its passage in October 2024 turned those rules into the legal basis for Australia’s naval nuclear safety regime.
The main criticism was that the bill set up a nuclear submarine safety regime before Parliament had resolved key questions about radioactive waste, long-term storage, costs, consultation and whether the safeguards were strong enough. Those objections were raised mainly by crossbench and Greens critics, while some supporters still pressed for tighter transparency, reporting and independent oversight rather than opposing the bill outright.
Hon Richard Marles MP introduced this bill. It passed with support from Labor, Liberal Party, some crossbench members; opposed by Greens, Australia's Voice, One Nation, some crossbench members.
Did it become law?
Yes
Became law 24 Oct 2024
Final passage
Recorded final vote
1 counted final-passage vote was recorded.
Passage speed
343 days
From introduction to the latest recorded parliamentary step
Meaning
Australia gets a new safety law for nuclear-powered AUKUS submarinesA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program., covering facilities, submarine work and radioactive equipment linked to those boats.
Nuclear-related submarine work can only happen in approved areas in Australia or on Australian submarines, which limits where these activities may be carried out.
People and organisations doing this work must meet nuclear safety duties, hold a licenceThe licence a person must hold before they can carry out a regulated activity under this law., report safety incidents and can face criminal or civil penalties if they fail.
Australia sets up an independent Australian Naval Nuclear Power Safety RegulatorThe independent regulator created by this law to issue licences, check compliance and enforce the safety rules for AUKUS submarine-related nuclear work. to issue licences, investigate breaches and enforce the new safety rules.
The law starts on a date set by government, but if that does not happen within 12 months of Royal AssentThe formal step that turns the bill into an Act and starts the countdown to commencement. it starts automatically at the beginning of the next month.
This Act is about regulating activities relating to AUKUS submarines to ensure the nuclear safety of those activities.Australian Naval Nuclear Power Safety as-passed bill text
Regulated activities can only occur in designated zones (which are particular areas in Australia (see section 10)) or in relation to Australian submarines.Australian Naval Nuclear Power Safety as-passed bill text
There are nuclear safety duties that apply to people when they conduct regulated activities. For example, they must ensure nuclear safety, and must be authorised by a licence, when conducting those activities. There are additional nuclear safety duties that apply to licence holders (such as the duty to establish, implement and maintain a nuclear safety management system and report nuclear safety incidents) as well as other persons authorised under a licence (such as the duty to implement and comply with the nuclear safety management system and comply with licence conditions). A person who breaches a nuclear safety duty may be subject to civil or criminal penalties. Part 2 deals with nuclear safety duties.Australian Naval Nuclear Power Safety as-passed bill text
This Act establishes an independent regulator, called the “Australian Naval Nuclear Power Safety Regulator”, which has functions relating to regulated activities, such as licensing, investigating whether people are complying with this Act, and taking enforcement action if they are not. Part 4 deals with compliance and enforcement powers. Part 5 establishes the Regulator and deals with other administrative matters relating to the Regulator.Australian Naval Nuclear Power Safety as-passed bill text
However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the first day of the first calendar month to start after the end of that period.Australian Naval Nuclear Power Safety as-passed bill text
Context
Australia had already committed under AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page. to acquire, operate and maintain conventionally armed, nuclear-powered submarines, but the parliamentary record says that plan exposed a nuclear safety gap because existing laws did not provide a dedicated framework for submarine-related nuclear work in Australia. The bill answered that gap by creating a specialist safety regulator, licensing and incident-reporting rules for facilities and work tied to AUKUS submarinesA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program., and its passage in October 2024 turned those rules into the legal basis for Australia’s naval nuclear safety regime.
Government says AUKUS submarineA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program. plan needs a new nuclear safety law
When introducing the bill, the Defence Minister said it was the second legislative step needed to support Australia’s acquisition of conventionally armed, nuclear-powered submarines.
Hansard ↗Parliament hears the safety regime is critical to delivering AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page.
During renewed debate, speakers described the legislation as enabling a critical part of AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page. and linked it to Australia being ready to own, operate and maintain submarine reactors by the early 2030s.
Hansard ↗House passes the bill after government amendments
The House agreed to the bill in principle, accepted amendment packages in detail, and completed its passage through that chamber.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, completing the legislative response to regulate nuclear safety for AUKUS submarineA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program. activities.
Parliamentary timeline ↗Royal AssentThe formal step that turns the bill into an Act and starts the countdown to commencement. establishes the new legal framework
Royal AssentThe formal step that turns the bill into an Act and starts the countdown to commencement. turned the bill into an Act, allowing Australia to stand up the regulatorThe independent regulator created by this law to issue licences, check compliance and enforce the safety rules for AUKUS submarine-related nuclear work. and licensing system for naval nuclear power safety.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (16/11/2023): Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (13/05/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Recorded vote: 27 to 16.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Recorded vote: 26 to 15.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal step that turns the bill into an Act and starts the countdown to commencement., turning the bill into an Act.
Key criticism
The main criticism was that the bill set up a nuclear submarine safety regime before Parliament had resolved key questions about radioactive waste, long-term storage, costs, consultation and whether the safeguards were strong enough. Those objections were raised mainly by crossbench and Greens critics, while some supporters still pressed for tighter transparency, reporting and independent oversight rather than opposing the bill outright.
Criticism existed, but most parliamentary speakers still supported the bill or sought extra safeguards.
Unanswered waste and long-term safety questions
Critics argued the bill was premature because it created the safety framework before Australia had given clear answers on where radioactive waste would go, how long-term storage would work, and whether the country was ready to manage the risks safely.
Transparency and oversight not strong enough
A narrower criticism was that the bill still needed stronger public reporting, more independent appointments and clearer publication of safety advice and incident information, so the regulatorThe independent regulator created by this law to issue licences, check compliance and enforce the safety rules for AUKUS submarine-related nuclear work. could be properly scrutinised over time.
First Nations consultation and foreign-control concerns
Opponents warned the bill could leave Australia carrying the waste, cost and liability of the AUKUS submarineA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program. program without proper First Nations input, while giving too much practical control to the United States and United Kingdom.
Further sources
Votes
The chamber-passage votes come first. Expand a vote to see the party breakdown.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed 26 to 15. Support came from Labor and Liberal Party. Opposition came from Greens, Australia's Voice, and One Nation. Minor-party and independent votes were split.
Earlier bill-stage votes
Passed 27 to 16. Support came from Labor, Liberal Party, and UAP. Opposition came from Greens, Australia's Voice, and One Nation. Minor-party and independent votes were split.
Passed 26 to 15. Support came from Labor, Liberal Party, and UAP. Opposition came from Greens, Australia's Voice, and minor parties and independents. Minor-party and independent votes were split.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
Government amendments delay commencement from 6 to 12 months and tighten the bill’s framework by adding and refining key definitions, including who counts as a defence staff member.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Senate
Defeated 16 to 26. Support came from Greens, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Labor, Liberal Party, and UAP. Minor-party and independent votes were split.
The package was defeated, so the bill kept the narrower safety and waste rules.
Passed 27 to 15. Support came from Labor, Liberal Party, One Nation, and UAP. Opposition came from Greens, Australia's Voice, and minor parties and independents. Minor-party and independent votes were split.
This rejected the Greens’ attempt to remove clause 136, so the clause stayed in the bill.
Defeated 13 to 28. Support came from Greens, Australia's Voice, and minor parties and independents. Opposition came from Labor, Liberal Party, and minor parties and independents.
The package was defeated, so those extra safeguards were not added to the bill.
Defeated 14 to 26. Support came from Greens and Australia's Voice. Opposition came from Labor and Liberal Party. Minor-party and independent votes were split.
The package was defeated, so the bill kept its existing waste and governance settings.
Defeated 16 to 27. Support came from Greens, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Labor, Liberal Party, and UAP. Minor-party and independent votes were split.
The package was defeated, so the bill did not gain those review and publication requirements.
Defeated 14 to 24. Support came from Greens, Australia's Voice, One Nation, and minor parties and independents. Opposition came from Labor, Liberal Party, and minor parties and independents.
This meant those extra register and enterprise provisions were not added to the bill.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Marles supports the bill and says it is a necessary second step to build the safety framework for Australia’s conventionally armed, nuclear-powered submarines.
Read in Hansard ↗Ryan opposes the bill as premature and incomplete, arguing that Parliament still lacks answers on nuclear waste, long-term storage, costs and whether Australia can safely manage the AUKUS submarineA conventionally armed, nuclear-powered submarine covered by this bill, including boats under construction in Australia and submarines operated by Australia, the UK or the US for the AUKUS program. program.
Read in Hansard ↗James Stevens supports the bill and says it gives the Royal Australian Navy a transformational nuclear propulsion capability under AUKUSThe security partnership between Australia, the United Kingdom and the United States that is driving the nuclear-powered submarine program discussed on this page..
Read in Hansard ↗Zoe Daniel supports the bill, saying she is pleased the government has listened to concerns about nuclear waste and has added amendments to improve transparency, accountability and independent oversight.
Read in Hansard ↗All speeches by bloc
7 speakers · 8 contributions · 7 support
“This bill is the critical next legislative step in establishing the highest standards of nuclear safety and stewardship of Australia's future conventionally armed nuclear-powered submarine enterprise under the AUKUS partnership.”Read the full speech in Hansard ↗
“As part of this we will need a sophisticated security and safety architecture around the nuclear powered submarine program, and that's what this legislation is all about. I want to acknowledge the Deputy Prime Minister and Minister for Defence for bringing forward these important measures to ensure the safety of the submarine program. This is a responsible and a necessary step to ensure delivery of the submarines and the safety and security of Australians. It build on the legal architecture to support this endeavour to ensure further tranches of legislation and this work will extend beyond the life of this parliament. We will continue to adopt a methodical, phased approach to building our capacity as a nation to safely and securely build, maintain and operate conventionally armed nuclear powered submarines. Doing this will make all Australians safer. I commend the bill to the House.”Read the full speech in Hansard ↗
“The Albanese Labor government is committed to ensuring the bills establish a robust, effective regulatory framework to maintain the highest standards for safety. Those listening may know that the bills were delayed slightly due to their referral to the Senate Foreign Affairs, Defence and Trade Legislation Committee. The committee has now published its report. It made eight recommendations and ultimately recommended that the bills be passed.”Read the full speech in Hansard ↗
“That gives you a bit of background. As I said, the government is absolutely committed to ensuring that the Australian Naval Nuclear Power Safety Bill establishes a very robust and effective regulatory framework to maintain the highest of high standards of nuclear safety that the Australian public deserves.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Richard Marles on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Marles supports the bill and says it is a necessary second step to build the safety framework for Australia’s conventionally armed, nuclear-powered submarines. He argues it is needed to protect Australians and ensure the submarines can be delivered safely and securely.
“This bill is the second legislative step in support of Australia's acquisition of conventionally armed, nuclear-powered submarines.”Read this contribution in Hansard ↗
Second reading speech
Marles supports the bill, saying it will create a fit-for-purpose safety regulator and regulatory framework for Australia’s nuclear powered submarine enterprise. He argues it is critical to the submarine acquisition and commends the bill to the House.
“The Australian Naval Nuclear Power Safety Bill 2023 will establish a new fit-for-purpose regulatory framework—including an independent regulator, the Australian Naval and Nuclear Power Safety Regulator—for nuclear safety within Australia's conventionally armed nuclear powered submarine enterprise and capability life cycle.”Read this contribution in Hansard ↗
“This particular legislation that we're speaking to today reflects the Australian government's recognition of the need to protect the health and safety of our people and the environment from any harmful effects, implement proper operating conditions for regulated activities, prevent accidents and mitigate the consequences of accidents should they occur, unlikely as they are.”Read the full speech in Hansard ↗
“The focus here is on creating a new regulatory framework to ensure nuclear safety across Australia's nuclear powered submarines. So this framework will establish a dedicated fit-for-purpose nuclear safety framework; set out clear safety obligations for personnel involved in nuclear propelled submarines' maintenance and operation through a licensing regime for persons conducting regulated activities, with serious civil and criminal consequences if there's a breach of the law; establish a new independent statutory regulator, the Australian Naval Nuclear Power Safety Regulator, within the Defence portfolio, independent of the Defence chain of command; and empower the regulator to operate within a system of regulation alongside domestic agencies and, where appropriate, to collaborate with our US and UK partners.”Read the full speech in Hansard ↗
5 speakers · 5 support
“I rise to speak in support of the second reading of the Australian Naval Nuclear Power Safety Bill 2023. I comment my colleague, the shadow defence minister, the member for Canning, on the way in which he has, of course, engaged very proactively with the government on all things AUKUS.”Read the full speech in Hansard ↗
“We support this bill. The coalition agrees with this bill. Obviously, this will be followed by Senate scrutiny, and it's vital to our long-term defence capability and the security of Australians. It's in the best interests of our nations that AUKUS succeeds. It's in the best interests of our nation that the Greens do not succeed, because they are bringing to this parliament and to our nation a change in the social fabric of society.”Read the full speech in Hansard ↗
“This bill establishes a nuclear safety framework, the regulatory framework for establishing AUKUS. If we're to operate these nuclear submarines, if we're to operate facilities and if we're to handle material, then those activities need to be regulated. This bill establishes a regulator within defence itself, and it will be governed to the highest standards because we need to demonstrate to the United States and the UK that we can be trusted with their sensitive intellectual property, these reactors, and that we are building up the capability to make sure that the whole enterprise is safe and secure. That's what these bills do. It's a big step forward for Australia so that we can operate these nuclear submarines, and it's part of several tranches of legislation required to implement and support AUKUS.”Read the full speech in Hansard ↗
“To conclude, this is very important legislation. It builds on an important relationship for Australia. It recognises that the UK and the US have important capabilities that both of those countries have developed, and those countries are interested in and very supportive of Australia also building its capacity with nuclear powered submarines. It reinforces the importance of our strategic relationship with both the United States and the United Kingdom and builds on the friendship that our three countries have developed over centuries. For all of those reasons, I commend this bill to the House.”Read the full speech in Hansard ↗
“The mechanics of the bills before us are quite dry. They're about setting up a regulatory regime, but this is important. Where you have the introduction of advanced technology such as this, it is important that we have the regulatory instruments and those bodies set up, ready to make sure that we do it in compliance with our domestic laws, international treaty obligations and the terms of the AUKUS agreement itself.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“The Australian Naval Nuclear Power Safety Bill 2023, which is supported by both Labor and the coalition, is legislation that, if passed, can make anywhere in Australia a nuclear waste dumping ground with no requirement for public consultation, no First Nations input and no warning. The bill allows the defence minister the power to designate anywhere in Australia a high-level nuclear dumping ground, with no public consultation needed. Under this bill, the supposed independent regulator of Defence can be staffed by Defence personnel and report to the Minister for Defence, unlike in other countries where nuclear waste has a truly independent regulator. Under this bill, the same minister would be responsible for the nuclear submarines and for the regulation of nuclear waste, which is a clear conflict of interest.”Read the full speech in Hansard ↗
3 speakers · 1 support · 1 oppose · 1 mixed
“I'm pleased, too, that the government is proposing additional amendments designed to ensure accountability, transparency and independence of oversight of the safety provisions relating to nuclear waste. On the face of it, they mirror arrangements for the Australian Radiation Protection and Nuclear Safety Agency, ARPANSA, to protect the community in relation to civilian nuclear waste.”Read the full speech in Hansard ↗
“It feels very premature to commit to this program when we have no immediate prospect of being able to deliver effective and safe disposal of long-term nuclear waste.”Read the full speech in Hansard ↗
“(1) Nothing in this Act is taken to authorise the receipt or storage of radioactive waste from an AUKUS submarine, unless:”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Recorded vote: 27 to 16.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Recorded vote: 26 to 15.
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal step that turns the bill into an Act and starts the countdown to commencement., turning the bill into an Act.
Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (13/05/2024)
Referred to committee
Referred to Committee (16 Nov 2023): Senate Foreign Affairs, Defence and Trade Legislation Committee; Committee report (13 May 2024)
APH bill page notes
