Document ID: chunk:federal_register_of_legislation:C2024A00091:section:18
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 18
Character Range: 34242–36658

18  General nuclear safety duty
 (1) A person who conducts a regulated activity must, so far as reasonably practicable, ensure nuclear safety when conducting the activity.

Civil penalty provisions
 (2) A person is liable to a civil penalty if the person contravenes subsection (1).
Note 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).
Note 2: 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: 10,000 penalty units.
 (3) A person is liable to a civil penalty if:
 (a) the person contravenes subsection (1); and
 (b) a nuclear safety incident occurs; and
 (c) the contravention caused or contributed to the nuclear safety incident.
Note 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).
Note 2: 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: 20,000 penalty units.

Offences
 (4) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is a regulated activity; and
 (c) the conduct results in a contravention of subsection (1).
Penalty:
 (a) for an individual—imprisonment for 12 years or 700 penalty units, or both; or
 (b) for a body corporate—28,000 penalty units.
 (5) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is a regulated activity; and
 (c) the conduct results in a contravention of subsection (1); and
 (d) a nuclear safety incident occurs; and
 (e) the person is reckless, or negligent, as to whether the conduct would cause or contribute to the nuclear safety incident.
Penalty:
 (a) for an individual—imprisonment for 25 years or 1,400 penalty units, or both; or
 (b) for a body corporate—57,500 penalty units.
 (6) Strict liability applies to paragraphs (4)(b) and (5)(b) and (d).