Australian Naval Nuclear Power Safety Act 2024

A person must not conduct a regulated activity if the person does not hold a licence authorising the person to conduct the regulated activity.

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).

A person commits an offence if:

the person conducts an activity; and

the activity is a regulated activity; and

the person does not hold a licence authorising the person to conduct the regulated activity.

for an individual—imprisonment for 6 years or 350 penalty units, or both; or

for a body corporate—14,000 penalty units.

Strict liability applies to paragraphs (3)(b) and (c).

Subsections (2) and (3) do not apply if:

the person is not the holder of a licence but is authorised by a licence to conduct the regulated activity; or

an exemption granted under section 144 applies to the person in relation to the activity.

For the purposes of subsection (2), a defendant bears an evidential burden in relation to the matter in subsection (5) (see section 96 of the Regulatory Powers Act).

For the purposes of subsection (3), a defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code).