General nuclear safety duty
18 General nuclear safety duty
A person who conducts a regulated activity must, so far as reasonably practicable, ensure nuclear safety when conducting the activity.
Civil penalty provisions
A person is liable to a civil penalty if the person contravenes subsection (1).
It is not necessary to prove a person’s state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).
Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).
Civil penalty: 10,000 penalty units.
A person is liable to a civil penalty if:
the person contravenes subsection (1); and
a nuclear safety incident occurs; and
the contravention caused or contributed to the nuclear safety incident.
It is not necessary to prove a person’s state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).
Under subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty imposed for a contravention of a civil penalty provision must not be more than that specified for the provision (or, for a body corporate, not more than 5 times that specified).
Civil penalty: 20,000 penalty units.
Offences
A person commits an offence if:
the person engages in conduct; and
the conduct is a regulated activity; and
the conduct results in a contravention of subsection (1).
Penalty:
for an individual—imprisonment for 12 years or 700 penalty units, or both; or
for a body corporate—28,000 penalty units.
A person commits an offence if:
the person engages in conduct; and
the conduct is a regulated activity; and
the conduct results in a contravention of subsection (1); and
a nuclear safety incident occurs; and
the person is reckless, or negligent, as to whether the conduct would cause or contribute to the nuclear safety incident.
Penalty:
for an individual—imprisonment for 25 years or 1,400 penalty units, or both; or
for a body corporate—57,500 penalty units.
Strict liability applies to paragraphs (4)(b) and (5)(b) and (d).
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