Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to section 24, a person who, without reasonable excuse:
(a) possesses nuclear material, or an associated item, to which Part II applies; and
(b) does not, at the time of the possession, hold a permit under section 13 or 16 that authorises the person to possess the material or item, as the case may be;
commits an offence against this subsection punishable, upon conviction, by imprisonment for not more than 10 years .
(2) Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection ( 1) of this section.
(3) Subsection ( 2) shall not be read as derogating from the effect of the Crimes at Sea Act 2000 .
(4) Subsection ( 1) does not apply to the possession of associated technology by a Commonwealth officer or a prescribed authority of the Commonwealth in the course of:
(a) the collection, maintenance or assessment, on behalf of the Australian Government, of information relating to nuclear activities or to disarmament; or
(b) the giving of information or advice to the Australian Government in relation to nuclear activities or to disarmament.
(5) Without limiting the generality of subsection ( 4), subsection ( 1) does not apply to the possession of nuclear material or an associated item by:
(a) the Director; or
(b) an inspector or Agency inspector;
in the course of the performance of a function or duty, or the exercise of a power, under this Act or the regulations.
(6) Subsection ( 1) does not apply to the possession of associated technology by a Commonwealth officer in the course of:
(a) the performance of a function or duty, or the exercise of a power, under the Patents Act 1990 or regulations under that Act; or
(b) the performance of duties in the Patent Office.