New Zealand Legislation: Acts

13C Offences involving physical protection of nuclear material

• (1) A person commits an offence who,—

  • (a) without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear material, knowing it is nuclear material, and—

    • (i) that causes death, injury, or disease to any person or substantial damage to property; or

    • (ii) with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or

    • (iii) that causes, or is likely to cause, substantial damage to the environment; or

  • (b) commits theft, as defined in section 219 of the Crimes Act 1961, of nuclear material knowing that it was nuclear material; or

  • (c) fraudulently obtains nuclear material, knowing that it was nuclear material; or

  • (d) makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or

  • (e) with intent to intimidate, threatens to use nuclear material to cause—

    • (i) death, injury, or disease to any person; or

    • (ii) substantial damage to any property or to the environment; or

  • (f) with intent to compel any person, international organisation, or State to do, or refrain from doing, any act, threatens to steal nuclear material; or

  • (g) without lawful authority, commits an act, or threatens to commit an act against a nuclear facility, or interferes with the operation of a nuclear facility with intent to cause, or being reckless as to whether it causes, death or serious injury to any person or substantial damage to property or to the environment by exposure to radiation or release of radioactive substances.

  (2) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or a fine not exceeding $500,000, or both.

  Section 13C: inserted, on 18 January 2004, by section 5 of the Terrorism Suppression Amendment Act 2003 (2003 No 106).

  Section 13C(1)(a)(iii): added, on 20 November 2007, by section 12(1) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

  Section 13C(1)(e)(ii): amended, on 20 November 2007, by section 12(2) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

  Section 13C(1)(f): amended, on 20 November 2007, by section 12(3) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).

  Section 13C(1)(g): added, on 20 November 2007, by section 12(3) of the Terrorism Suppression Amendment Act 2007 (2007 No 102).