Duty on authorised persons—nuclear safety management systems
24 Duty on authorised persons—nuclear safety management systems
A person who is authorised to conduct a regulated activity under a licence must, so far as reasonably practicable, implement and comply with the nuclear safety management system that applies to the regulated activity.
Civil penalty provision
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: 2,500 penalty units.
Offence
A person commits an offence if:
the person is authorised to conduct a regulated activity under a licence; and
the person engages in conduct; and
the conduct contravenes subsection (1).
Penalty:
for an individual—imprisonment for 3 years or 175 penalty units, or both; or
for a body corporate—7,000 penalty units.
Strict liability applies to paragraph (3)(a).
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