Statutory Basis

Date Published

A publication prohibition order may be applied to a patent application under the provisions of sec 152 ("associated technology") and sec 173 (in the interests of the defence of the Commonwealth).

In the Safeguards Act, "associated technology" means a document containing information that is primarily applicable to the enrichment of nuclear material, reprocessing of irradiated nuclear material, production of heavy water or nuclear weapons, or nuclear information that is covered by an international agreement and is declared by the Minister to be information for the purposes of this definition. A document is defined to include a photograph, model or other thing from which the information may be obtained. Information that is publicly available is excluded from the definition.