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

Establishment of facility without permit

  (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).



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