38DUsing radioactive material, or using or damaging Convention device or nuclear facility

#### 38D Using radioactive material, or using or damaging Convention device or nuclear facility Using radioactive material (1) A person commits an offence if: (a) the person uses material; and (b) the material is radioactive material; and (c) the person intends the use of the material: (i) to cause the death of, or serious bodily injury to, an individual; or (ii) to cause substantial damage to property or to the environment; or (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing. Penalty: Imprisonment for 20 years. Using or damaging Convention device (2) A person commits an offence if: (a) the person uses or damages a thing; and (b) the thing is a Convention device; and (c) the person intends the use of, or damage to, the thing: (i) to cause the death of, or serious bodily injury to, an individual; or (ii) to cause substantial damage to property or to the environment; or (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing. Penalty: Imprisonment for 20 years. Using or damaging nuclear facility (3) A person commits an offence if: (a) the person uses or damages a facility; and (b) the facility is a nuclear facility; and (c) the use or damage causes radioactive material to be released, or creates a risk of radioactive material being released; and (d) the person intends the use of, or damage to, the facility: (i) to cause the death of, or serious bodily injury to, an individual; or (ii) to cause substantial damage to property or to the environment; or (iii) to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing. Penalty: Imprisonment for 20 years.