Document ID: chunk:federal_register_of_legislation:C2024A00091:section:21
Version: federal_register_of_legislation:C2024A00091
Segment Type: section
Provision Reference: s 21
Character Range: 39904–42165

21  Duty on licence holders—reporting nuclear safety incidents
 (1) A person who is the holder of a licence must report, in accordance with subsection (3), any nuclear safety incident that occurs in relation to a regulated activity authorised by the licence.
Note: A person covered by this subsection may also have a duty under another law of the Commonwealth to report the incident to another entity.
 (2) An incident is a nuclear safety incident if:
 (a) it relates to nuclear safety; and
 (b) it:
 (i) results in, or could have resulted in, the death of, serious injury to, or serious illness in, an individual; or
 (ii) results in, or could have resulted in, a serious environmental incident; or
 (iii) is of a kind prescribed by the regulations.
 (3) The report under subsection (1):
 (a) must be given to the Regulator immediately after the person becomes aware of the incident; and
 (b) must be in writing, or may be given orally but must be confirmed by written notice given to the Regulator as soon as practicable after being given orally; and
 (c) must be in the approved form (if any); and
 (d) must contain the information (if any) prescribed by the regulations; and
 (e) must be given to the Regulator in the manner (if any) prescribed by the regulations.

Civil penalty provision
 (4) 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: 5,000 penalty units.

Offence
 (5) A person commits an offence if:
 (a) the person is the holder of a licence; and
 (b) the person engages in conduct; and
 (c) the conduct contravenes subsection (1).
Penalty:
 (a) for an individual—imprisonment for 6 years or 350 penalty units, or both; or
 (b) for a body corporate—14,000 penalty units.
 (6) Strict liability applies to paragraphs (5)(a) and (c).