Part 5General offences

Part 5—General offences 50—Causing serious radiation harm (1) A person who causes serious radiation harm intentionally or recklessly and with the knowledge that harm to the health or safety of a person or harm to the environment will or might result is guilty of an offence. (a) in the case of a body corporate—$5 000 000; (b) in the case of a natural person—$1 000 000 or 15 years imprisonment or both. (2) A person who causes serious radiation harm is guilty of an offence. (a) in the case of a body corporate—$2 500 000; (b) in the case of a natural person—$500 000 or 10 years imprisonment or both. (3) If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence. (4) For the purposes of this section, a person causes serious radiation harm if the person commits an act involving a radiation source that harms, or is likely to harm, presently or in the future, the health or safety of a person or the environment, and the harm or likely harm is of a high impact or on a wide scale. (5) Subsections (1) and (2) do not apply in relation to an act done in good faith, in accordance with this Act and without negligence. 51—Causing radiation harm (1) A person who causes radiation harm intentionally or recklessly and with the knowledge that harm to the health or safety of a person or harm to the environment will or might result is guilty of an offence. (a) in the case of a body corporate—$1 000 000; (b) in the case of a natural person—$200 000 or 5 years imprisonment or both. (2) A person who causes radiation harm is guilty of an offence. (b) in the case of a natural person—$100 000 or 2 years imprisonment or both. (3) If in proceedings for an offence against subsection (1) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (2), the court may find the defendant guilty of the latter offence. (4) For the purposes of this section, a person causes radiation harm if the person commits an act involving a radiation source that harms, or is likely to harm, presently or in the future, the health or safety of a person or the environment, and the harm or likely harm is not trivial but is not of a high impact or on a wide scale. (5) Subsections (1) and (2) do not apply in relation to an act done in good faith, in accordance with this Act and without negligence. 52—Alternative finding If in proceedings for an offence against section 50, the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against section 51, the court may find the defendant guilty of the latter offence.