63Reporting—potential serious impacts and breaches

63  Reporting—potential serious impacts and breaches

Potential serious impacts to nuclear safety or radiation protection

 (1) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of any event or circumstance (including a near miss), that:

 (a) may seriously impact, or could have seriously impacted, nuclear safety or radiation protection; and

 (b) that occurs in relation to:

 (i) the regulated activity; or

 (ii) any NNP facility, NNP material or NNP equipment or plant, involved in the conduct of the activity;

the licence holder or other person must immediately report the event or circumstance to the Regulator.

Note: The licence holder must immediately report any nuclear safety incident that occurs in relation to the regulated activity authorised by the licence: see section 21 of the Act and section 104 of this instrument.

Breach of licence condition

 (2) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person becomes aware of a breach of a condition to which the licence is subject, the licence holder or other person must report the breach to the Regulator as soon as possible after becoming aware.

Suspected breach of licence condition

 (3) It is a condition applying to both the licence holder and any other person authorised to conduct the regulated activity that if the licence holder or other person suspects that a breach of a condition to which the licence is subject may have occurred, the licence holder or other person must, as soon as practicable after forming the suspicion:

 (a) investigate the suspected breach; and

 (b) report their findings to the Regulator.

Serious offences and contraventions of serious civil penalty provisions

 (4) It is a condition applying to both the licence holder and any other person (the other authorised person) authorised to conduct the regulated activity that if the licence holder or other authorised person suspects that:

 (a) the licence holder, or any other person authorised under the licence, has committed or is committing a serious offence against a Commonwealth, State or Territory law; or

 (b) the licence holder, or any other person authorised under the licence, has contravened or is contravening a serious civil penalty provision of a Commonwealth, State or Territory law;

the licence holder or the other authorised person must report their suspicion to the Regulator within 28 days of forming the suspicion.