Document ID: chunk:federal_register_of_legislation:C2018A00092:clause:1_46m
Version: federal_register_of_legislation:C2018A00092
Segment Type: clause
Provision Reference: sch 1 cl 46M
Character Range: 55950–57508

46M  Offence and civil penalty relating to returns

Offence
 (1) A person commits an offence if:
 (a) the person returns a space object purportedly in accordance with a return authorisation; and
 (b) one or more of the following applies:
 (i) the return is conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property;
 (ii) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind;
 (iii) the space object contains a nuclear power source and the Minister's written approval for this has not first been obtained;
 (iv) the insurance/financial requirements in Division 7 are not satisfied for the return.
Penalty:
 (a) for an individual—imprisonment for 10 years or 5,500 penalty units, or both; or
 (b) for a body corporate—100,000 penalty units.

Civil penalty
 (2) A person must not return a space object purportedly in accordance with a return authorisation, in circumstances where one or more of the following applies:
 (a) the return is conducted in a way that is likely to cause substantial harm to public health or public safety or to cause substantial damage to property;
 (b) the space object is or contains a nuclear weapon or a weapon of mass destruction of any other kind;
 (c) the space object contains a nuclear power source and the Minister's written approval for this has not first been obtained;
 (d) the insurance/financial requirements in Division 7 are not satisfied for the return.
Civil penalty: 1,000 penalty units.