Key Points
- The US, UK and Australia signed a new AUKUS agreement in Washington last week.
- Documents tabled in parliament on Monday revealed several key elements of the revamped agreement.
- Australia will indemnify the US and UK from any 'liability' arising from nuclear risks related to the program.
The United States or the United Kingdom could exit the AUKUS agreement to provide nuclear-powered submarines with Australia with a year's notice under a new arrangement.
The revamped agreement also requires Australia to legally protect both allies against costs or injuries arising from nuclear risks.
The arrangement was signed by all three partner countries in Washington in the US last week.
Documents tabled in parliament on Monday set out the agreed legal framework for transferring nuclear materials and equipment to Australia for the $368 billion acquisition of atomic-powered submarines announced in 2021.
The plan will bring eight nuclear-powered subs into service by the 2050s.
US and UK could walk away with a year's notice
The agreement, which "shall remain in force until 31 December 2075", says the AUKUS deal shouldn't adversely affect the ability of the US and UK to "meet their respective military requirements and to not degrade their respective naval nuclear propulsion programs".
"Any party may terminate the agreement ... by giving at least one year's written notice to the other parties," it reads.
Australia responsible for storage and disposal of waste
Nuclear material for the future submarines' propulsion would be transferred from the US or UK in "complete, welded power units", the agreement says.
But Australia would be responsible for the storage and disposal of spent nuclear fuel and radioactive waste from the nuclear power units that are transferred under the deal.
Australia to cover other members for nuclear risks
The updated agreement also means Australia will indemnify the US and UK from any "liability, loss, costs, damage, or injury (including third party claims)" arising from nuclear risks related to the program.
But the legal protection won't apply in relation to a conventionally armed, nuclear-powered submarine that has been in service with the US Navy "until such time as it is transferred to Australia".
Defence Minister Richard Marles said the nations had reached "another significant AUKUS milestone".
"It builds on the significant progress that has already been achieved, including the passing of the US National Defense Authorization Act, the announcement of Australia's sovereign submarine build and sustainment partners, and the ongoing work to integrate and uplift the industrial bases of all three AUKUS partners," he said.
Greens attack revamped agreement
Greens defence spokesman David Shoebridge criticised the new agreement for its "multiple escape hatches" which risked Australia being left high and dry.
"This is a $368 billion gamble with taxpayers' money from the Albanese government," he said.
Greens senator David Shoebridge criticised the AUKUS agreement as a "$368 billion gamble". Source: AAP / Mick Tsikas
Shoebridge said the US did not have enough nuclear submarines for its own purposes.
"What this agreement makes clear in black and white, is that if the United States at any point, thinks they don't have enough submarines for themselves, they can pull out of AUKUS 2.0," he said.
