NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 24 Special provisions for carriers

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 24

  (1)   Subsection   23(1) does not apply to the possession by a person of nuclear material or an associated item if:

  (a)   the person is in possession of the material or item solely in the capacity of a carrier for the purpose of transporting the material or item on behalf of another person; and

  (b)   the material or item is of a kind prescribed by the regulations for the purpose of this subsection.

  (2)   Where it appears that:

  (a)   a person (in this section referred to as the carrier ) was in possession of nuclear material or an associated item solely in the capacity of a carrier for the purpose of transporting the material or item on behalf of another person; and

  (b)   the carrier did not, at the time of the possession, hold a permit under section   13 or 16 that authorised the carrier to possess the material or item, as the case may be;

the carrier does not commit an offence against section   23 by reason of possessing the material or item without such a permit unless it is proved that the carrier knew, at that time, that the material or item was nuclear material or an associated item, as the case requires.