Document ID: chunk:federal_register_of_legislation:C2024C00562:schedule:4:p4
Version: federal_register_of_legislation:C2024C00562
Segment Type: schedule
Provision Reference: sch 4 (pt 4/10)
Character Range: 229565–232339

confidence, steps shall be taken to ensure that the confidentiality of such information is protected.
2. States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material.

Article 7
1. The intentional commission of:
    (a) an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or serious injury to any person or substantial damage to property;
    (b) a theft or robbery of nuclear material;
    (c) an embezzlement or fraudulent obtaining of nuclear material;
    (d) an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation;
    (e) a threat:
          (i) to use nuclear material to cause death or serious injury to any person or substantial property damage; or
          (ii) to commit an offence described in sub‑paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act;
    (f) an attempt to commit any offence described in paragraphs (a), (b) or (c); and
    (g) an act which constitutes participation in any offence described in paragraphs (a) to (f),
shall be made a punishable offence by each State Party under its national law.
2. Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.

Article 8
1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases:
    (a) when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State;
    (b) when the alleged offender is a national of that State.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.
3. This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.
4. In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with international law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State.

Article 9
Upon being satisfied that the circumstances so warrant, the State