33AAbandoning radioactive substance

33A Abandoning radioactive substance

33A Abandoning radioactive substance

(1) A person must not, without reasonable excuse, abandon a radioactive substance.

Maximum penalty—

(a) for an individual—$250,000, or

(b) otherwise—$1,000,000.

(2) A person must not intentionally or negligently abandon a radioactive substance.

Maximum penalty—

(a) for an individual—

(i) for an offence committed intentionally—$1,000,000, or

(ii) for an offence committed negligently—$500,000, or

(b) otherwise—

(i) for an offence committed intentionally—$5,000,000, or

(ii) for an offence committed negligently—$2,000,000.

(3) If the court is satisfied a person charged with an offence under subsection (2) is not guilty of the offence but is satisfied on the evidence the person is guilty of an offence under subsection (1)—

(a) the court may find the person guilty of the offence under subsection (1), and

(b) the person is liable to punishment under subsection (1).

(4) The onus of proving a person had a reasonable excuse in proceedings for an offence under subsection (1) lies on the person charged with the offence.

s 33A: Ins 2010 No 91, Sch 1 [19]. Subst 2023 No 30, Sch 1[30].