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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:28
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Chapter Law Content

Title: Nuclear Emergency Response Act CH
Category: Nuclear Safety Commission(核能安全委員會)
Chapter VI Penal Provisions
Article 31-1
Paragraph 31-1.1
Any person who, through theft, sabotage or other methods, endangers the proper operation of any nuclear reactor facility shall be sentenced to imprisonment between 1 and 7 years; in addition thereto, a fine of not more than ten million New Taiwan Dollars (NT$10,000,000) may be imposed.
Paragraph 31-1.2
Any person who commits an offense under the preceding paragraph with the intention to endanger national security or social stability shall be sentenced to imprisonment between 3 and 10 years; in addition thereto, a fine of not more than fifty million New Taiwan Dollars (NT$50,000,000) may be imposed.
Paragraph 31-1.3
Any person who commits the offenses specified in the preceding two paragraphs resulting in a nuclear accident, the punishment shall be increased by up to one half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than 7 years, and in addition thereto a fine of not more than one hundred million New Taiwan Dollars (NT$100,000,000) may be imposed; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment between 5 and 12 years, and in addition thereto a fine of not more than eighty million New Taiwan Dollars (NT$80,000,000) may be imposed.
Paragraph 31-1.4
Any person who attempts without success to commit the offenses specified in paragraphs 1 and 2 shall also be subject to penalty.
Article 31-2
Paragraph 31-2.1
Any person, who endangers the proper operation of core information and communication systems of any nuclear reactor facility by any of the following methods, shall be sentenced to imprisonment between 1 and 7 years; in addition thereto, a fine of not more than ten million New Taiwan Dollars (NT$10,000,000) may be imposed.
(1) Without cause, gains access to its computer or related equipment by entering its account password, cracking the protective measures for using the computer, or exploiting any vulnerability of the computer system.
(2) Without cause, interferes, through the use of computer programs or other electromagnetic methods, with its computer or related equipment.
(3) Without cause, obtains, deletes, or alters any magnetic record of its computer or related equipment.
Paragraph 31-2.2
Any person who creates computer programs for oneself or others to commit offenses specified in the preceding paragraphs shall be subject to the same penalty.
Paragraph 31-2.3
Any person who commits the offenses under the preceding two paragraphs with the intention to endanger national security or social stability shall be sentenced to imprisonment between 3 and 10 years; in addition thereto, a fine of not more than fifty million New Taiwan Dollars (NT$50,000,000) may be imposed.
Paragraph 31-2.4
Any person who commits the offenses specified in the preceding three paragraphs resulting in a nuclear accident, the punishment shall be
increased by up to one half; if the offense results in death, the offender shall be sentenced to life imprisonment or imprisonment for more than 7 years, and in addition thereto a fine of not more than one hundred million New Taiwan Dollars (NT$100,000,000) may be imposed; if the offense results in serious physical injury, the offender shall be sentenced to imprisonment between 5 and 12 years, and in addition thereto a fine of not more than eighty million New Taiwan Dollars (NT$80,000,000) may be imposed.
Paragraph 31-2.5
Any person who attempts without success to commit the offenses specified in paragraphs 1 to 3 shall also be subject to penalty.
Article 32
Being Irresponsive
Violation of the provision in Paragraph 23.1 by the nuclear reactor facility licensee, namely, failure to proceed with response measures or notification promptly, shall result in a fine of over one million New Taiwan Dollars (NT$1,000,000) and up to five million New Taiwan Dollars (NT$5,000,000).
Article 33
Failure to Provide Assistance
Paragraph 33.1
Violation of the provision in Paragraph 9.2 by the nuclear reactor facility licensee, namely, failure to dispatch staff to assist the Nuclear Emergency Radiation Monitoring and Dose Assessment Center, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$500,000) and up to two million five hundred thousand New Taiwan Dollars (2,500,000).
Paragraph 33.2
Violation of the provision in Paragraph 9.3 by the nuclear reactor facility licensee, namely, failure to provide a workplace and necessary equipment at an appropriate location for the Nuclear Emergency Radiation Monitoring and Dose Assessment Center, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$ 500,000) and up to two million five hundred thousand New Taiwan Dollars (NT$ 2,500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Paragraph 33.3
Violation of the provision in Paragraph 23.2 by the nuclear reactor facility licensee, namely, failure to make notification at the given time, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$ 500,000) and up to two million five hundred thousand New Taiwan Dollars (NT$ 2,500,000).
Article 34
Failure to Revise EPZ
Paragraph 34.1
Violation of the provision in Paragraph 13.1 by the nuclear reactor facility licensee, namely, failure to periodically review and revise the EPZ or failure to submit it to the central Competent Authority for approval, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$ 500,000) and up to two million five hundred thousand New Taiwan Dollars (NT$ 2,500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Paragraph 34.2
Violation of the provision in Paragraph 15.2 by the nuclear reactor facility licensee, namely, failure to cooperate in carrying out the exercise, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$ 500,000) and up to two million five hundred thousand New Taiwan Dollars (NT$ 2,500,000).
Paragraph 34.3
Violation of the provision in Paragraph 26.2 by the nuclear reactor facility licensee, namely, failure to dispatch staff to provide nuclear technical advices to the Regional Nuclear Emergency Response Center, shall result in a fine of over five hundred thousand New Taiwan Dollars (NT$ 500,000) and up to two million five hundred thousand New Taiwan Dollars (NT$ 2,500,000).
Article 35
Failure to Provide Public Protection Measures
Paragraph 35.1
Violation of the provision in Paragraph 13.2 by the nuclear reactor facility licensee, namely, failure to periodically submit the analysis and planning of the public protective measures or failure to set up necessary places and equipment, shall result in a fine of over three hundred thousand New Taiwan Dollars (NT$ 300,000) and up to one million five hundred thousand New Taiwan Dollars (NT$ 1,500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Paragraph 35.2
Violation of the provision in Paragraph 14.3 by the nuclear reactor facility licensee, namely, failure to draw up an emergency response plan, or violation of the provision of 17
Paragraph 14.4, namely, failure to submit the emergency response plan to the central Competent Authority for approval, shall result in a fine of over three hundred thousand New Taiwan Dollars (NT$ 300,000) and up to one million five hundred thousand New Taiwan Dollars (NT$ 1,500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Paragraph 35.3
Violation of the provision in Paragraph 15.4 by the nuclear reactor facility licensee, namely, failure to periodically carry out exercise, shall result in a fine of over three hundred thousand New Taiwan Dollars (NT$ 300,000) and up to one million five hundred thousand New Taiwan Dollars (NT$ 1,500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Article 36
Refusal of Inspection and Testing
Paragraph 36.1
Violation of the provision in Article 20 by the nuclear reactor facility licensee, namely, to evade, interfere, or refuse the inspection and testing by the central Competent Authority, shall result in a fine of over two hundred thousand New Taiwan Dollars (NT$ 200,000) and up to one million New Taiwan Dollars (NT$ 1,000,000). Repeated fines are possible and an inspection and testing shall be carried out forcibly.
Paragraph 36.2
Violation of the provision in Paragraph 29.1 by the nuclear reactor facility licensee, namely, failure to submit an emergency response working report within a limited period of time, shall result in a fine of over two hundred thousand New Taiwan Dollars (NT$ 200,000) and up to one million New Taiwan Dollars (NT$ 1,000,000).
Article 37
Failure to Carry Out Maintenance, Management, and Testing Violation of the provision in Paragraph 9.3 by the nuclear reactor facility licensee, namely, failure to carry out maintenance, management, or testing of various equipment and workplaces of the Nuclear Emergency Radiation Monitoring and Dose Assessment Center at ordinary times, shall result in a fine of over one hundred thousand New Taiwan Dollars (NT$ 100,000) and up to five hundred thousand New Taiwan Dollars (NT$ 500,000), as well as an order to rectify the situation before a deadline. Failure to rectify by the deadline will result in repeated fines for each deadline extended.
Article 38
Failure to Correct and Improve
Violation of the provision in Article 21 by the nuclear reactor facility licensee, namely, failure to complete correction or improvement within a limited period of time required by the central Competent Authority, shall result in a fine of over one hundred thousand New Taiwan Dollars (NT$ 100,000) and up to five hundred thousand New Taiwan Dollars (NT$ 500,000). Repeated fines shall be levied for repeated violation.
Article 39
Inaction of Research Reactor Licensee
For violation by the nuclear research reactor facility licensee of the regulations laid down by the central Competent Authority according to Paragraph 4.1, namely, failure to follow the provisions about emergency response organization including grouping, preparedness, response, and recovery measures or inspection and testing, the central Competent Authority will notify the licensee to rectify the situation before a deadline. Failure to rectify by the deadline shall result in a fine of over fifty thousand New Taiwan Dollars (NT$ 50,000) and up to two hundred fifty thousand New Taiwan Dollars (NT$ 250,000). Repeated fines are possible for repeated violation.
Article 40
Necessary Assistance
Violation of the provision in Paragraph 17.2, 18.2, or 22.2 by the nuclear reactor facility licensee, namely, failure to provide necessary assistance, shall result in a fine of over fifty thousand New Taiwan Dollars (NT$ 50,000) and up to two hundred fifty thousand New Taiwan Dollars (NT$ 250,000).
Article 41
Executing Authority
The fines specified by this Act will be levied by the central Competent Authority.
Article 42
Payment Deadline
The fine levied by this Act must be paid before the deadline. Failure to do so will result in legal action and compulsory enforcement.
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