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Amendment of section 38 of Act of 1991
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42. Section 38 of the Act of 1991 is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) a person who—
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(a) receives, possesses, uses, transfers, alters, disposes of, disperses, discharges, emits or introduces nuclear material with the intention to cause—
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(i) death or serious injury to any person,
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(ii) substantial damage to property, or
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(iii) damage to the environment,
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or
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(b) receives, possesses, uses, transfers, alters, disposes of, disperses, discharges, emits or introduces nuclear material and is reckless as to whether his or her receipt, possession, use, transfer, alteration, disposal, dispersal, discharge, emission or introduction of nuclear material could cause—
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(i) death or serious injury to any person,
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(ii) substantial damage to property, or
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(iii) damage to the environment,
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or
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(c) steals nuclear material, or
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(d) embezzles or fraudulently obtains nuclear material, or
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(e) imports or exports nuclear material without lawful authority, or
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(f) damages or interferes with the operation of a nuclear facility with the intention to cause—
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(i) death or serious injury to any person,
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(ii) substantial damage to property, or
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(iii) damage to the environment,
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by exposure to ionising radiation or by the release of radioactive substances, or
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(g) damages or interferes with the operation of a nuclear facility and is reckless as to whether his or her damage to or interference with the operation of a nuclear facility could cause—
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(i) death or serious injury to any person,
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(ii) substantial damage to property, or
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(iii) damage to the environment,
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by exposure to ionising radiation or by the release of radioactive substances, or
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(h) 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 threat of any kind, or
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(i) threatens—
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(i) to use nuclear material to cause death or serious injury to any person, or substantial damage to property or damage to the environment, or to commit any offence under paragraph (f), or
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(ii) to commit an offence under paragraph (c), (f) or (g) in order to compel any person, an international organisation or state to do, or refrain from doing, any act,
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shall be guilty of an offence.”,
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and
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(b) by the substitution in subsection (8) of the following definition for the definition of “steals”:
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“‘steals’ has the same meaning as it has in the Act of 2001.”.
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