Federal government agencies are urging Australians to be aware of domestic regulations and import rules, as a Sydney man becomes the first person to be sentenced under the Nuclear Non-Proliferation (Safeguards) Act 1987 for the importation and possession of nuclear material without the appropriate permits, as well as offences under the Customs Act 1901 for other radioactive substances.
The Australian Border Force (ABF) investigation commenced after a package was stopped upon arrival into Australia in May 2023, to confirm whether radiological items were present within the consignment.
ABF Investigators from Counter Proliferation then launched an investigation in July 2023 - with assistance from ASNO and ANSTO - to examine several earlier suspected importations of prohibited goods, namely radioactive substances and nuclear material.
It was stated in court that a 24-year-old man had imported several items - including a quantity of plutonium, depleted uranium, lutetium, thorium, and radium - without the appropriate permits and documentation between December 2022 and May 2023.
Subsequent warrant activity was executed at an Arncliffe home on 17 August 2023, whereby items were seized for forensic examination and further investigation.
Several state and federal government agencies - including the emergency services, the NSW Environmental Protection Agency (EPA) and the Australia Federal Police (AFP) led Joint Counter Terrorism Taskforce (JCTT) - were involved in the ABF-led warrant activity. Expert advice was also sought from the Department of Defence, ANSTO and ASNO.
Following further extensive enquiries, a 24-year-old man was issued with a court attendance notice in March 2024. The court later accepted a guilty plea for the following offences:
- one count of carrying, sending or moving nuclear material contrary to section 34A(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987;
- one count of possession of nuclear material or associated item without permit contrary to section 23(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987;
- one count of import prohibited items contrary to section 233(1)(b) of the Customs Act 1901; and
- one count of unlawfully have in possession any prohibited import contrary to section 233(1)(d) of the Customs Act 1901.
The man was sentenced under section 19B(1)(d) of the Crimes Act 1914 (Cth) through a non-conviction order for all charge sequences, with two conditional good behaviour bonds of 18 and 24-months imposed at Downing Centre District Court on Friday 11 April 2025.
This is the first sentencing under the Nuclear Non-Proliferation (Safeguards) Act 1987, along with offences relating to radioactive substances under the Customs Act 1901.
ABF Superintendent James Ryan said the agency works hand-in-glove with a wide range of partner agencies, not just law enforcement, to uphold border controls and stop the importation of dangerous substances that pose a risk to Australia's national security.
"The importation of nuclear and radiological material must be closely scrutinised and requires authorisation. The ABF remains committed to protecting the Australian community from all threats which can cross the border," Superintendent Ryan said.
"Whether it's driven by intent to cause harm or simply a lack of understanding of the regulations, the ABF will ensure we protect Australia's national security and the community.
"This was an extremely complex and sensitive investigation, and one whereby ABF and our partner agencies are world leading in our response.
"I hope this example can be used as an education tool for people to be aware of the regulatory frameworks around what can and cannot be imported into Australia - whether they are material goods, food or plant matter, medications, or seemingly innocuous goods. If in doubt, always ask the relevant agency."
Director General of ASNO, Dr Geoffrey Shaw believes it's important for everyone to know that importing nuclear materials can be granted, if you have the right permits.
"Australia has important treaty obligations, which means we need to track and report on nuclear materials and activities in Australia. Our nuclear permit system and verification activities help us do this," Dr Shaw said.
"Our goal is to protect the Australian public. This is a big job, and the proactive efforts of the Australian public help us to achieve it."
