20Duty on licence holders—nuclear safety management systems

20 Duty on licence holders—nuclear safety management systems

(1) A person who is the holder of a licence must establish, implement and maintain a nuclear safety management system that ensures, so far as reasonably practicable, the nuclear safety of regulated activities conducted by the licence holder and other persons authorised by the licence. Civil penalty provision (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: 5,000 penalty units.

Offence (3) 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.

(4) Strict liability applies to paragraph (3)(a).