22Duty on licence holders—competence and supervision

22 Duty on licence holders—competence and supervision

(1) A person who is the holder of a licence must, so far as reasonably practicable, ensure that: (a) the persons authorised to conduct regulated activities under the licence have the appropriate expertise, training and information to ensure the nuclear safety of those activities; and (b) those activities are appropriately supervised. 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).