18General nuclear safety duty

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).