Commonwealth Consolidated Acts

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 28A

             (1)  A person commits an offence if:

                     (a)  the person causes work to be carried out to establish a facility that is:

                              (i)  a nuclear facility; or

                             (ii)  a facility for the carrying out of nuclear activities; or

                            (iii)  a facility for the use of associated equipment to which Part II applies; and

                     (b)  the work consists of:

                              (i)  construction of the facility; or

                             (ii)  modification of an existing facility that is not a facility described in paragraph (a); and

                     (c)  the person does not hold a permit for the work to be carried out.

Penalty:  Imprisonment for 5 years.

             (2)  To avoid doubt, intention is the fault element for paragraph (1)(a).