Nuclear Activities Regulation Act 1978

The Governor may make regulations prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and without derogating from the generality of the foregoing —

prohibiting the doing of an act or thing absolutely;

prohibiting the doing of an act or thing except in pursuance of a licence, permit or authority, or in accordance with an approval, granted, issued or given under the regulations;

making provision for and in relation to the terms and conditions to which a licence, permit, authority or approval granted, issued or given under the regulations is to be subject;

making special provision for and in relation to the protection of the health and safety, and the training, examination and certification, of persons, who because of their work or professional activity, are involved in nuclear activities;

making provision for and in relation to the granting of exemptions, either unconditionally or subject to conditions, from the provisions of the regulations;

providing for the recovery of costs and expenses, and fixing the fees to be paid, in respect of any matters under this Act;

empowering the Minister administering the regulations or other persons to give directions to particular persons for the purposes of the regulations;

empowering the Minister administering the regulations to make provision by written direction with respect to any matter with respect to which provision can be made by the regulations;

subject to this Act, adopting, either wholly or in part or with modifications and either specifically or by reference, any code formulated under a Commonwealth law, this Act or any other Act; and

prescribing the manner in which notices, directions or instructions under the regulations may be given or in which documents may be served.

Offences against the regulations may be prosecuted —

on indictment; or

if the accused and the prosecutor consent and the court is satisfied that it is proper to do so — summarily.

The regulations may, in respect of offences against the regulations —

provide for a penalty —

upon summary conviction — of a fine not exceeding $2 000, or imprisonment for a period not exceeding one year, or both, and, in the case of a continuing offence, for a further fine not exceeding $2 000 for each day after the first day on which the offence is found to have been committed during which the offence is found to have continued; and

upon conviction otherwise than summarily — of a fine not exceeding $50 000, or imprisonment for a period not exceeding 5 years, or both, and, in the case of a continuing offence, for a further fine not exceeding $50 000 for each day after the first day on which the offence is found to have been committed during which the offence is found to have continued;

provide that, in the case of an offence constituted by a failure to do an act within a specified period or not later than a specified time, a person convicted of the offence is guilty of a separate and further offence against the regulations in respect of each day after the day of the conviction during which the failure to do that act continues (notwithstanding that that period has expired or that time has passed) and is punishable in respect of each such separate and further offence —

upon summary conviction — by a fine not exceeding $2 000; and

upon conviction otherwise than summarily — by a fine not exceeding $50 000.

Section 36 of the Interpretation Act 1918 ² applies to any direction given pursuant to regulations made under subsection (1)(h) as though the direction were a regulation.

For the purposes of subsections (2) and (3), a contravention of, or failure to comply with, a direction given under the regulations shall be deemed to be an offence against the regulations.