Document ID: chunk:federal_register_of_legislation:C2004A01217:clause:1_26a
Version: federal_register_of_legislation:C2004A01217
Segment Type: clause
Provision Reference: sch 1 cl 26A
Character Range: 9031–9836

26A  Communication prejudicing security of nuclear material or associated item

 (1) A person commits an offence if:
 (a) the person communicates information to someone else; and
 (b) the person knows that the communication could prejudice the physical security of nuclear material, or an associated item, to which Part II applies.

Penalty: Imprisonment for 2 years.

 (2) Subsection (1) does not apply if the communication is authorised by a person who has been granted a permit to possess the nuclear material or associated item.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) Section 15.1 of the Criminal Code (extended geographical jurisdiction—category A) applies to an offence against subsection (1).