In April 2025, a Sydney man became the first person to be sentenced under the Nuclear Non-Proliferation (Safeguards) Act 1987 for importing and possessing nuclear material without the appropriate permits.
In July 2023, the Australian Border Force (ABF) launched an investigation after a package was stopped upon arrival into Australia in May 2023 and was later found to contain radiological items.
The Australian Safeguards and Non-Proliferation Office (ANSO) supported the ABF investigation, alongside support from and the Australian Nuclear Science and Technology Organisation, the Department of Health, the Department of Defence, the Australian Federal Police and the NSW Environment Protection Authority.
It was stated in court that a 24-year-old man had imported several items – including a small quantity of plutonium, depleted uranium, lutetium, thorium, and radium – without the appropriate permits and documentation between December 2022 and May 2023.
A subsequent search at an Arncliffe home in southern Sydney, executed under a warrant on 17 August 2023, led to ABF officers seizing materials for forensic examination and further investigation. ASNO provided expert advice in support of the warrant activity.
Man sentenced for nuclear import offences
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 possessing nuclear material or associated items without a permit, contrary to section 23(1) of the Nuclear Non-Proliferation (Safeguards) Act 1987
- one count of importing prohibited items contrary to section 233(1)(b) of the Customs Act 1901
- one count of unlawfully possessing a prohibited import contrary to section 233(1)(d) of the Customs Act 1901.
On 11 April 2025, the man was sentenced to a 2-year good behaviour bond at Downing Centre District Court in Sydney. This is the first conviction under the Nuclear Non-Proliferation (Safeguards) Act 1987, along with offences relating to radioactive substances under the Customs Act 1901.
Permits needed to import nuclear materials
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.’
Multiagency cooperation on border controls
ABF Superintendent James Ryan said his 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.
‘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.’
Contact ASNO
If you plan to possess nuclear materials, you should contact ASNO first. If you believe you may have found nuclear material, please reach out to ASNO, as well as the radiation safety regulator in your state or territory. ASNO can be contacted on 02 6261 1920 or at asno@dfat.gov.au.