Commonwealth Consolidated Acts

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

Possession of radioactive material or Convention device

  (1)   A person commits an offence if:

  (a)   the person possesses material or a thing; and

  (b)   the material or thing is radioactive material or a Convention device; and

  (c)   the person intends to use the material or device, or to make it available to be used, to cause:

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

  (ii)   substantial damage to property or to the environment.

Penalty:   Imprisonment for 20 years.

Making a Convention device

  (2)   A person commits an offence if:

  (a)   the person makes a thing; and

  (b)   the thing is a Convention device; and

  (c)   the person intends to use the device, or to make it available to be used, to cause:

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

  (ii)   substantial damage to property or to the environment.

Penalty:   Imprisonment for 20 years.