Document ID: chunk:federal_register_of_legislation:C2012A00003:clause:1_38d
Version: federal_register_of_legislation:C2012A00003
Segment Type: clause
Provision Reference: sch 1 cl 38D
Character Range: 8776–10961

38D  Using radioactive material, or using or damaging Convention device or nuclear facility

Using radioactive material
 (1) A person commits an offence if:
 (a) the person uses material; and
 (b) the material is radioactive material; and
 (c) the person intends the use of the material:
 (i) to cause the death of, or serious bodily injury to, an individual; or
 (ii) to cause substantial damage to property or to the environment; or
 (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.
Penalty: Imprisonment for 20 years.

Using or damaging Convention device
 (2) A person commits an offence if:
 (a) the person uses or damages a thing; and
 (b) the thing is a Convention device; and
 (c) the person intends the use of, or damage to, the thing:
 (i) to cause the death of, or serious bodily injury to, an individual; or
 (ii) to cause substantial damage to property or to the environment; or
 (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.
Penalty: Imprisonment for 20 years.

Using or damaging nuclear facility
 (3) A person commits an offence if:
 (a) the person uses or damages a facility; and
 (b) the facility is a nuclear facility; and
 (c) the use or damage causes radioactive material to be released, or creates a risk of radioactive material being released; and
 (d) the person intends the use of, or damage to, the facility:
 (i) to cause the death of, or serious bodily injury to, an individual; or
 (ii) to cause substantial damage to property or to the environment; or
 (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.
Penalty: Imprisonment for 20 years.