Commonwealth Consolidated Acts

ATOMIC ENERGY ACT 1953 - SECT 36

             (1)  A person who, whether before or after the commencement of this Act, has discovered that a substance that is or becomes a prescribed substance, or minerals containing a substance that is or becomes a prescribed substance, occurs or occur at any place in Australia shall report that discovery by notice in writing to the Minister within one month after:

                     (a)  the commencement of this Act;

                     (b)  the date of the making of the discovery; or

                     (c)  the date on which the substance becomes a prescribed substance;

whichever is the latest.

Penalty:

                     (a)  in the case of a natural person--$2,000; or

                     (b)  in the case of a body corporate--$10,000.

             (2)  Subsection (1) does not require a person to report a discovery that he or she has reported to a Minister before the commencement of this Act.

             (3)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code .

             (4)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .