Commonwealth Numbered Acts

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 No. 8, 1987 - SECT 29

29. (1) A person shall, before commencing to construct a nuclear facility or
to carry out a significant modification of a nuclear facility, give notice in
writing to the Director of the proposed construction or modification.

(2) Where a person commences to construct a nuclear facility or to carry out a
significant modification of a nuclear facility and at the time when the
construction or modification commences-

   (a)  the person-

        (i)    has not given the Director notice, in accordance with
               sub-section (1), of the proposed construction or modification;
               or

        (ii)   has not provided to the Director such information in relation
               to the design for the proposed construction or modification as
               the Director, in writing, requests; or

   (b)  the prescribed period in relation to the construction or modification
        has not elapsed since the information referred to in sub-paragraph (a)
        (ii) was provided to the Director, the person is guilty of an offence
        against this sub-section, punishable upon conviction by-

   (c)  if the offender is a natural person-a fine not exceeding $5,000 or
        imprisonment for a period not exceeding 2 years, or both; or

   (d)  if the offender is a body corporate-a fine not exceeding $25,000.

(3) Regulations made for the purposes of paragraph (2) (b)-

   (a)  may prescribe different periods in relation to different classes of
        construction or modification; and

   (b)  shall not prescribe a period greater than 6 months.

(4) For the purposes of this section, a modification of a nuclear facility
shall be taken to be a significant modification of the facility if and only if
the modification affects the implementation of the Australian safeguards
system in relation to nuclear material or associated items located, or to be
located, at the facility.