Northern Territory Consolidated Acts

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RADIATION (SAFETY CONTROL) ACT - SECT 55D

Recovery of costs of Territory

55D. Recovery of costs of Territory

(1) If a person is found guilty of an offence referred to in section 55A, the costs incurred by the Territory in -

(a) taking action to render safe a radioactive substance or irradiating apparatus to which the offence relates or to otherwise protect the public because of the act or omission that constitutes the offence;

(b) seizing, detaining or removing the substance or apparatus or the package, container, vehicle, vessel or aircraft in or on which it was contained or kept when seized, detained or removed;

(c) investigating the commission of the offence;

(d) storing the substance or apparatus until the court makes the finding of guilt; and

(e) disposing of, destroying or rendering safe the substance or apparatus under section 55B,

is a debt due and payable to the Territory by the person.

(2) The cost incurred by the Territory of restoring land or a building or removing or repairing other property damaged because of the commission of an offence referred to in section 55C(1) is a debt due and payable to the Territory by the person found guilty of the offence.

(3) In a proceeding for the recovery of a cost referred to subsection (1) or (2), a certificate purporting to be signed by the Chief Health Officer stating the cost is evidence of the cost and the fact that it was incurred by the Territory.

(4) Where, in a prosecution for an offence against this Act, it is necessary to prove -

(a) the quantity of an absorbed dose;

(b) the nature of a radioactive substance;

(c) the activity of a radioactive substance; or

(d) the strength of a dose equivalent,

a certificate purporting to be signed by the Chief Health Officer stating any such measurement or other fact is evidence, in the absence of proof to the contrary, of the matters so certified and of the facts on which they are based.



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