Malaysia legislation
Section 26
Section 26
The principal Act is amended by inserting after Part V the following parts:
“Part Va
SECURITY
Responsibility of licensee to ensure security 25a. The licensee shall implement the measures as may be prescribed to ensure security of radioactive material, nuclear material and facilities.
Notification of discovery of radioactive material or nuclear material 25b. Any person who has knowledge and reason to believe that he discovers an item which is a radioactive material or nuclear material shall notify the Director General either orally or in writing within twenty-four hours from the time he discovers the item.
Part Vb
SAFEGUARDS
Responsibilities for safeguards 25c. The licensee shall establish and maintain a system of accounting and control in the manner as may be prescribed for the nuclear material in his possession.
Safeguards inspection 25d. (1) Upon being notified of the designation of inspectors to Malaysia by the Agency, the Director General may take necessary action to facilitate the safeguards inspection by the inspectors, including by issuing a certificate to the inspectors as an international inspectors for the purposes of this Act.
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(2)
The international inspectors referred to in subsection (1)
may carry out safeguards inspection in the manner as may be prescribed.
(3)
Any person shall comply with the requirements of safeguards inspection as may be prescribed.
Information on nuclear related items or nuclear related technology 25e. (1) Any person who intends to carry out an activity relating to a nuclear related item or nuclear related technology, shall provide the Director General with the information as may be prescribed before the commencement of the activity regardless of whether the activity involves nuclear material or not.
(2)
Any person who refuses or fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.
Information on research and development activity related to nuclear fuel cycle 25f. (1) Any person who intends to carry out any research and development activity related to nuclear fuel cycle shall provide the Director General with information as may be prescribed prior to the commencement of the activity, regardless of whether the activity involves nuclear material or not.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.
Atomic Energy Licensing (Amendment)
(3)
In this section, “research and development activity related to nuclear fuel cycle” means an activity other than an activity relating to theoretical or basic scientific research or research and development on industrial radioisotope applications, medical, hydrological and agricultural applications, health and environmental effects and improved maintenance, which is specifically related to any of the following process or system development:
(a)
conversion of nuclear material;
(b)
enrichment of nuclear material;
(c)
nuclear fuel fabrication;
(d)
reactor;
(e)
critical facility;
(f)
reprocessing facility; and
(g)
processing of intermediate or high level of waste containing plutonium, high enriched uranium or uranium-233 but not including repackaging or conditioning process not involving the separation of elements for storage or disposal.
Power of Director General to request information 25g. (1) The Director General may request information from any person if the Director General has reasonable cause to believe that the information is related to the compliance of
Additional Protocol.
(2)
For the purposes of subsection (1), the Director
General may issue a notice to any person requiring him to give information, in such form and within a period or at the time as specified in the notice.
(3)
Any person who, without any reasonable justification, refuses or fails to comply with a notice issued under subsection (2)
commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding five hundred thousand ringgit or to both.
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(4)
In this section, “Additional Protocol” means the Protocol
Additional to the Agreement between the Government of
Malaysia and the International Atomic Energy Agency for the Application of Safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons.
Prohibition of nuclear weapons 25h. (1) No one shall—
(a)
develop, test, produce, manufacture, otherwise acquire, possess or stockpile nuclear weapons or other nuclear explosive devices;
(b)
transfer to any recipient nuclear weapons or other nuclear explosive devices or control over such weapons or explosive devices directly or indirectly;
(c)
receive the transfer of or control over nuclear weapons or other nuclear explosive devices directly or indirectly;
(d)
use or threaten to use nuclear weapons or other nuclear explosive devices;
(e)
station, install or arrange the position for the deployment of any nuclear weapons or other nuclear explosive devices;
(f)
assist, encourage or induce, in any way, anyone to engage in any activity as referred to in paragraphs (a)
to (e); and
(g)
seek or receive any assistance, in any way, from anyone to engage in any activity as referred to in paragraphs (a) to (e).
(2)
Any person who contravenes subsection (1) shall, on conviction, be punished with death or imprisonment for a term of not less than thirty years but not exceeding forty years, and in the case of a body corporate, be punished with a fine of not less than thirty million ringgit.”.
Atomic Energy Licensing (Amendment)
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Substitution of heading of Part VI