Australian uranium will likely end up in India under the new nuclear deal between India and the United States endorsed by the 45 member Nuclear Suppliers Group meeting in Vienna over the weekend, Senator Scott Ludlam, Australian Greens spokesperson on nuclear issues said today.

"Australia's decision to back the nuclear deal between India and the United States drives a gaping hole in the nuclear Non-Proliferation Treaty (NPT)," Senator Ludlam said.

"The decision by the Nuclear Suppliers Group is dangerous and it is also invalid. Forty-five countries have made a decision on behalf of the 189-strong membership of the NPT. This minority has never been given the authority to reinterpret the NPT, overturn NPT decisions or violate existing international standards."

"Australia should have joined countries like New Zealand, Switzerland, Austria and others to reject this dangerous deal and to uphold and defend international law," said Senator Ludlam.

"The NPT forbids nuclear trade with states that stand outside the NPT like India, which used its civilian nuclear reactors to make nuclear weapons."

"The Rudd government has tried to tell the public that Australia won't sell uranium to India, but under the terms of the deal, which frees up India's access to nuclear technology and materials, Australia won't need to sell uranium directly to India; our uranium can simply be traded on to India."

"Australia has played a deeply disappointing role in this process. Despite its stated aim of a nuclear weapon free world and a brand new Commission to ensure a successful NPT meeting in 2010, giving India a special exemption has made the NPT a sham," Senator Ludlam said.

"I anticipate that a group of countries will take this issue to the International Court of Justice to ask for and injunction against the implementation of this deal. The next meeting of the NPT, in April 2009 in New York will be a stormy one, and no thanks to Australia," he concluded.