Section 43 — ATOMIC ENERGY LICENSING ACT 1984

(a)

in his nuclear installation; or

(b)

involving nuclear material coming from or originating in his nuclear installation, and occurring—

(i)

before liability with regard to the nuclear incident involving the nuclear material has been assumed, pursuant to the express terms of a contract in writing, by another installation operator; or

(ii)

in the absence of such express terms, before another installation operator has taken charge of the nuclear material; or

(c)

involving nuclear material sent to his nuclear installation, and occurring—

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(i)

after liability with regard to a nuclear incident involving the nuclear material has been assumed by him, pursuant to the express terms of a contract in writing, from another installation operator; or

(ii)

in the absence of such express terms, after he has taken charge of the nuclear material:

Provided that if nuclear damage is caused by a nuclear incident occurring in a nuclear installation and involving nuclear material stored therein incidental to the carriage of such material, paragraph

(a)

shall not apply where another installation operator or any other person is solely liable as provided in paragraph (b) or (c).

(2)

The installation operator shall be liable for such nuclear damage upon proof that the damage has been caused by a nuclear incident involving nuclear material in the course of carriage—

(a)

to his nuclear installation from a place outside Malaysia from the time that the conveyance in which the nuclear material is carried enters Malaysia; or

(b)

from his nuclear installation to a place outside Malaysia up to the time that the conveyance in which the nuclear material is carried leaves Malaysia.

(3)

Subsection (2) shall not apply where—

(a)

there is any bilateral or multilateral arrangement to the contrary between the Government of Malaysia and the government of the country from which or to which the nuclear material is carried; or

(b)

there is any applicable provision in force to the contrary in an international convention to which the Government of

Malaysia and the government of the country from which or to which the nuclear material is carried are parties;

and where there is such arrangement or convention to the contrary in force, the liability of the installation operator and all other persons shall be determined in accordance therewith.

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Liability for nuclear damage from nuclear material in transit