Document ID: chunk:federal_register_of_legislation:C2024C00562:section:23
Version: federal_register_of_legislation:C2024C00562
Segment Type: section
Provision Reference: s 23
Character Range: 58022–59859

23  Possession of nuclear material or associated item without permit
 (1) Subject to section 24, a person who, without reasonable excuse:
 (a) possesses nuclear material, or an associated item, to which Part II applies; and
 (b) does not, at the time of the possession, hold a permit under section 13 or 16 that authorises the person to possess the material or item, as the case may be;
commits an offence against this subsection punishable, upon conviction, by imprisonment for not more than 10 years.
 (2) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1) of this section.
 (3) Subsection (2) shall not be read as derogating from the effect of the Crimes at Sea Act 2000.
 (4) Subsection (1) does not apply to the possession of associated technology by a Commonwealth officer or a prescribed authority of the Commonwealth in the course of:
 (a) the collection, maintenance or assessment, on behalf of the Australian Government, of information relating to nuclear activities or to disarmament; or
 (b) the giving of information or advice to the Australian Government in relation to nuclear activities or to disarmament.
 (5) Without limiting the generality of subsection (4), subsection (1) does not apply to the possession of nuclear material or an associated item by:
 (a) the Director; or
 (b) an inspector or Agency inspector;
in the course of the performance of a function or duty, or the exercise of a power, under this Act or the regulations.
 (6) Subsection (1) does not apply to the possession of associated technology by a Commonwealth officer in the course of:
 (a) the performance of a function or duty, or the exercise of a power, under the Patents Act 1990 or regulations under that Act; or
 (b) the performance of duties in the Patent Office.