Australian Naval Nuclear Power Safety Act 2024

A person who is the holder of a licence must, so far as reasonably practicable, ensure that:

the persons authorised to conduct regulated activities under the licence have the appropriate expertise, training and information to ensure the nuclear safety of those activities; and

those activities are appropriately supervised.

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 is the holder of a licence; and

the person engages in conduct; and

the conduct contravenes subsection (1).

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 paragraph (3)(a).