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Nuclear Non-Proliferation (Safeguards) Act 1987
38CPossessing radioactive material or Convention device, or making Convention device
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#### 38C Possessing radioactive material or Convention device, or making Convention device
Possession of radioactive material or Convention device
(1) A person commits an offence if:
(a) the person possesses material or a thing; and
(b) the material or thing is radioactive material or a Convention device; and
(c) the person intends to use the material or device, or to make it available to be used, to cause:
(i) the death of, or serious bodily injury to, an individual; or
(ii) substantial damage to property or to the environment.
Penalty: Imprisonment for 20 years.
Making a Convention device
(2) A person commits an offence if:
(a) the person makes a thing; and
(b) the thing is a Convention device; and
(c) the person intends to use the device, or to make it available to be used, to cause:
(i) the death of, or serious bodily injury to, an individual; or
(ii) substantial damage to property or to the environment.
Penalty: Imprisonment for 20 years.