Radiological Protection Act, 1991
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Offences relating to nuclear material. |
38.—(1) A person who— | |
(a) possesses, uses, transfers, alters, disposes or disperses nuclear material in such a manner so as to cause or be likely to cause death or serious injury to any person, or substantial damage to property, or | ||
(b) steals nuclear material, or | ||
(c) embezzles or fraudulently obtains nuclear material, or | ||
(d) does any act constituting an unlawful demand for nuclear material, by the threat of the use of force, by the use of force, or by a threat of any kind, or | ||
(e) threatens— | ||
(i) to use nuclear material to cause death or serious injury to any person or substantial property damage, | ||
(ii) to commit an offence under paragraph (b) of this subsection in order to compel any person, an international organisation or state to do or to refrain from doing any act, | ||
shall be guilty of an offence. | ||
(2) If a person, whether an Irish citizen or not, does in a convention country an act which if he had done it in the State, would have constituted an offence under subsection (1) of this section, he shall be guilty of the offence which the act would have constituted if he had done it in the State. | ||
(3) If a person who is a national of a convention country or an Irish citizen does outside the State or a convention country an act which if he had done it in the State would have constituted an offence under subsection (1) of this section, he shall be guilty of the offence which the act would have constituted if he had done it in the State. | ||
(4) A member of the Garda Síochána may arrest without warrant any person whom he suspects has committed or is committing an offence under this section. | ||
(5) For the purpose of investigating offences under this section, a member of the Garda Síochána may demand names and addresses and proof of identity from any persons he reasonably suspects of having committed or being involved in the act of committing an offence under this section. | ||
(6) (a) For the purposes of this section, any act done on board a ship, aircraft or hovercraft, when it is in or over the State or the territory of a convention country, shall be treated as done in the State or that country and any act done on board a ship, aircraft or hovercraft registered in the State or a convention country shall be treated as done in the State or that country and in the convention country (if any) in or over whose territory it is done. | ||
(b) In paragraph (a) of this subsection “territory” includes territorial seas. | ||
(7) This section shall apply only to acts done after the commencement of this Act. | ||
(8) In this section— | ||
“act” includes omission; | ||
“steals” has the meaning assigned to it by section 1 of the Larceny Act, 1916 . |