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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 38D Using radioactive material, or using or damaging Convention device or nuclear facility

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 38D

Using radioactive material, or using or damaging Convention device or nuclear facility

Using radioactive material

  (1)   A person commits an offence if:

  (a)   the person uses material; and

  (b)   the material is radioactive material; and

  (c)   the person intends the use of the material:

  (i)   to cause the death of, or serious bodily injury to, an individual; or

  (ii)   to cause substantial damage to property or to the environment; or

  (iii)   to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.

Penalty:   Imprisonment for 20 years.

Using or damaging Convention device

  (2)   A person commits an offence if:

  (a)   the person uses or damages a thing; and

  (b)   the thing is a Convention device; and

  (c)   the person intends the use of, or damage to, the thing:

  (i)   to cause the death of, or serious bodily injury to, an individual; or

  (ii)   to cause substantial damage to property or to the environment; or

  (iii)   to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.

Penalty:   Imprisonment for 20 years.

Using or damaging nuclear facility

  (3)   A person commits an offence if:

  (a)   the person uses or damages a facility; and

  (b)   the facility is a nuclear facility; and

  (c)   the use or damage causes radioactive material to be released, or creates a risk of radioactive material being released; and

  (d)   the person intends the use of, or damage to, the facility:

  (i)   to cause the death of, or serious bodily injury to, an individual; or

  (ii)   to cause substantial damage to property or to the environment; or

  (iii)   to compel a person or group of persons (including an international organisation or a legislative, executive or judicial institution of the Commonwealth, a State or a Territory, or of a foreign country) to do or refrain from doing any act or thing.

Penalty:   Imprisonment for 20 years.