Richard Marles (Corio, Australian Labor Party, Minister for Defence) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I am pleased to present the Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023.

This bill is the first legislative step in support of Australia's acquisition of conventionally armed nuclear-powered submarines.

As our National defence statement published late last month recognises, Australia's region, the Indo-Pacific, faces increasing competition that operates on multiple levels—economic, military, strategic and diplomatic—all interwoven and all framed by an intense contest of values and narratives.

A large-scale conventional and non-conventional military build-up without strategic reassurance is contributing to the most challenging circumstances in our region for decades.

Combined with rising tensions and reduced warning time for conflict, the risks of military escalation or miscalculation are rising.

These interests demand we deploy all elements of our national power in statecraft seeking to shape a region that is open, stable and prosperous: a predictable region, operating by agreed rules, standards and laws, where sovereignty is respected.

Acquiring conventionally armed nuclear-powered submarines will unquestionably strengthen our defence capabilities. Indeed, this capability transition represents the single biggest leap in Australian military capability since the Second World War.

It will see Australia become one of only seven nations to operate nuclear powered submarines.

It will strengthen our capacity to defend Australia and its national interests.

And it will significantly enhance our contribution to the security and stability of the region.

Earlier this year, I assured the parliament this government is adopting a methodical, phased approach that will build our capacity as a nation to safely and securely build, maintain and operate conventionally armed nuclear-powered submarines.

This includes developing the full suite of skills, facilities and institutions along with an appropriate regulatory and legislative architecture to be nuclear stewards.

This bill is the first legislative step to this aim.

This bill amends provisions of the Australian Radiation Protection and Nuclear Safety Act 1998 and the Environment Protection and Biodiversity Conservation Act 1999.

The amendments clarify that the moratorium on civil nuclear power, as evident in these acts, does not limit the performance of regulatory functions that might be necessary in respect of conventionally armed nuclear-powered submarines and their supporting infrastructure and facilities.

This means the relevant regulators—the CEO of the Australian Radiation Protection and Nuclear Safety Agency and the Minister for the Environment and Water—are in no way inhibited from performing their functions in respect of conventionally armed nuclear-powered submarines and their supporting infrastructure and facilities.

These amendments will ensure the relevant regulators can perform their functions, if and when required, in the system of regulation that will apply to conventionally armed nuclear-powered submarines and their supporting infrastructure and facilities.

Let me be clear about what this bill does not do.

It does not abolish the moratorium on civil nuclear power in Australia, a feature of Australian law since the Howard government enacted the ARPANS Act and EPBC Act in the late 1990s.

It is not necessary to modify the moratorium on civil nuclear power, other than to clarify that it does not prevent the performance of regulatory functions that might be necessary in respect of conventionally armed nuclear-powered submarines and their supporting infrastructure and facilities.

This is a Defence legislative amendment, focused on the reform to Australian law required to strengthen our defence capability by acquiring conventionally armed nuclear-powered submarines.

As I indicated at the beginning of my remarks, this bill is only the first step in support of Australia's acquisition of conventionally armed nuclear-powered submarines.

Building the legal architecture to support this endeavour will involve multiple tranches of legislation.

This work will extend beyond the life of this parliament and likely beyond the tenure of this government.

Last weekend I announced our intention to establish a new independent statutory regulator: the Australian Nuclear-Powered Submarine Safety Regulator.

This new regulator will have the functions and powers necessary to regulate the unique circumstances associated with nuclear safety and radiological protection across the lifecycle of Australia's nuclear powered submarine enterprise. This includes associated infrastructure and facilities.

I anticipate legislation to establish the Australian Nuclear-Powered Submarine Safety Regulator and its functions and powers will brought before this parliament later this year.

This bill is a modest and necessary first legislative step towards Australia acquiring conventionally armed nuclear-powered submarines.

I commend the bill to the House.

Debate adjourned.