Australian Capital Territory Consolidated Acts

RADIATION PROTECTION ACT 2006 - SECT 59

    (1)     A person commits an offence if—

        (a)     the person intentionally deals with a regulated radiation source; and

        (b)     the dealing by the person is not authorised under a licence in relation to the radiation source; and

        (c)     the person knows that the dealing by the person is not authorised under a licence in relation to the radiation source.

Maximum penalty: 1 000 penalty units, 2 years imprisonment or both.

    (2)     A person commits an offence if—

        (a)     the person deals with a regulated radiation source; and

        (b)     the dealing by the person is not authorised under a licence in relation to the radiation source; and

        (c)     the person, in dealing with the radiation source is negligent about whether—

              (i)     the radiation source is a regulated radiation source; or

              (ii)     the dealing by the person is not authorised under a licence in relation to the radiation source.

Maximum penalty: 500 penalty units, 1 year imprisonment or both.

    (3)     A person commits an offence if—

        (a)     the person deals with a regulated radiation source; and

        (b)     the dealing by the person is not authorised under a licence in relation to the radiation source.

Maximum penalty: 50 penalty units.

    (4)     Strict liability applies to subsection (3) (b).

    (5)     Subsection (6) applies if—

        (a)     in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against subsections (2) or (3) (the alternative offence ); or

        (b)     in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against subsection (3) (also the alternative offence ).

    (6)     The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.