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Chapter Law Content

Title: Ionizing Radiation Protection Act CH
Category: Atomic Energy Council(行政院原子能委員會)
Chapter IV Penal Provisions
Article 38
Penalties for Environmental Contamination
Paragraph 38.1
Those persons falling into one of the following situations shall be punished by imprisonment under three (3) years or detention, and/or a fine of up to three million New Taiwan Dollars (NT$3,000,000):
(1)violation of the provision in Paragraph 7.2, namely, conducting practice without prior approval or without conforming to the approved radiation protection plan and causing serious environmental contamination;
(2)violation of the provision in Paragraph 9.1, namely, discharging waste gas or waste water containing radioactive material without prior approval, and causing serious environmental contamination;
(3)failure to abide by Paragraphs 29.2 and 29.3, namely, conducting radiation work without prior permissions, permits or approval for registration, and causing serious environmental contamination;
(4)failure to abide by Paragraph 30.1, namely, engaging in production or manufacturing without prior permits, and causing serious environmental contamination;
(5)discarding radioactive material; or
(6)being required to file reports by this Act but knowingly filing false reports, or causing false statements to appear on official documents.
Paragraph 38.2
The criteria for "serious environmental contamination" in Subparagraphs 1 through 4 of Paragraph 38.1 shall be specified by the Competent Authority in collaboration with relevant agencies.
Article 39
Penalties for Defiance
Those persons falling into one of the following situations shall be punished by imprisonment under one (1) year or detention, and/or a fine of up to one million New Taiwan Dollars (NT$1,000,000):
(1)acting in defiance of orders to cease such practice issued by the Competent Authority according to the provisions in Paragraph 11.1 or 13.2;
(2)violation of the provision of Paragraph 21.1, namely, adding radioactive material in commercial products without prior approval by the Competent Authority, and acting in defiance of orders to cease such practice or to recall products;
(3)violation of the provisions in Paragraph 22.2 or 23.2, namely, failure to carry out specific disposal measures ordered by the Competent Authority; or
(4)failure to abide by Paragraph 35.2, namely, failure to submit clean-up plans or complete the clean-up by a deadline, and acting in defiance of orders to do so before an extended deadline specified by the Competent Authority.
Article 40
Joint Penalties
When, in the line of duty, there is a violation of Paragraph 38 or 39, all persons guilty of such misconduct shall be punished, regardless of their positions: persons in charge of a corporation, agents or employees of a corporation or a natural person, or any persons engaged in practice.
In addition to punishing the persons directly responsible, the specific legal or natural persons involved shall also be fined by the amount stipulated in the respective provisions.
Article 41
Penalties for Unauthorized Practice
A fine of over six hundred thousand New Taiwan Dollars (NT$600,000) and up to three million New Taiwan Dollars (NT$3,000,000) shall be levied in any of the following situations, and an order to rectify the situation before a deadline shall be handed down. Failure to rectify by the deadline will result in repeated fines for each deadline extended, and even an order to suspend practice; and if deemed necessary, permission, permits or registration may be revoked.
(1)Violation of the provision in Paragraph 7.2, namely, conducting practice without prior approval or failing to abide by the approved radiation protection plan.
(2)Violation of the provision in Paragraph 9.1, namely, releasing gas or water contaminated with radioactive material without prior approval.
(3)Violation of the provision in Paragraph 10.2, namely, conducting practice without prior approval.
(4)Violation of the provision in Paragraph 21.1, namely, adding radioactive material in commercial products without prior approval.
(5)Failure to obtain the permission or permit in compliance with the provision in Paragraph 29.2, namely, conducting practice without prior approval.
(6)Failure to obtain the permit in compliance with the provision in Paragraph 30.1, namely, performing production, construction or manufacturing without prior approval.
(7)Violation of the provision in Paragraph 35.2, namely, failure to complete the clean-up within three (3) years.
Article 42
Penalties for Gross Violations
A fine of over four hundred thousand New Taiwan Dollars (NT$400,000) and up to two million New Taiwan Dollars (NT$2,000,000) shall be levied in any of the following situations, and an order to rectify the situation before a deadline shall be handed down.
Failure to rectify by the deadline will result in repeated fines for each deadline extended, and even an order to suspend such practice; and if deemed necessary, permissions, permits or registrations may be revoked.
(1)Gross violations of the Safety Standards for Protection against Ionizing Radiation as laid down by the Competent Authority in compliance with Article 5.
(2)Gross violations of the Regulations for the Safe Transport of Radioactive Material as laid down by the Competent Authority in compliance with Article 6.
(3)Violations of the provisions in Article 8, Paragraph 10.1, 13.4 or Article 34.
(4)Evasion of, interference with, or refusing, inspection conducted in compliance with the provisions in Paragraphs 11.1, 13.2, 30.3 or 35.3.
(5)Failure to inform the Competent Authority as required in Paragraph 13.1.
(6)Failure to clean up in compliance with Paragraph 13.3.
(7)Violation of the provision in Article 18, namely, failure to offer radiation protection to helpers.
(8)The amount of radioactive material added in commercial products exceeding the allowed level approved by the Competent Authority in accordance with Paragraph 21.2.
(9)Evasion of, interference with, or refusing, product radiation inspection or measurement by the Competent Authority in compliance with Paragraph 22.1.
(10)Violation of the provisions in Paragraphs 29.4 or 30.2, namely, hiring personnel without a certificate (or license) to operate equipment or performing such work without a certificate (or license).
(11)Failure to submit a clean-up plan in compliance with Paragraph 35.2.
Article 43
Penalties for Minor Violations
A fine of over one hundred thousand New Taiwan Dollars (NT$100,000) and under five hundred thousand New Taiwan Dollars (NT$500,000) shall be levied in any of the following situations, and an order to rectify the situation before a deadline shall be handed down. Failure to rectify by the deadline may result in repeated fines for each deadline extended, and even an order to suspend the practice.
(1)Violations of provisions in Paragraphs 7.1, 14.1, 14.2, 14.3, 17.1 or 17.2.
(2)Failure to conduct investigation or analysis in compliance with the provision in Paragraph 13.3.
(3)Failure to monitor personnel dose in compliance with the provision in Paragraph 15.1. 
(4)Failure to obtain a registration in compliance with the provision of Paragraph 29.3, namely, conducting unauthorized practice.
(5)Violations of the provision in Paragraph 31.1, namely, hiring personnel without a certificate (or license) to operate equipment or performing such work without a certificate (or license).
(6)Failure to properly handle radioactive material or equipment capable of producing ionizing radiation in compliance with the provision in Paragraph 35.1.
Article 44
Fines for Administrative and Safety Violations
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) shall be levied in any of the following situations, and an order to rectify the situation before a deadline shall be handed down. Failure to rectify by the deadline will result in repeated fines for each deadline extended, and even an order to suspend such practice.
(1)Violations of the Safety Standards for Protection against Ionizing Radiation as laid down by the Competent Authority in compliance with the provision in Article 5.
(2)Violations of the regulations for the safe transport of radioactive material as laid down by the Competent Authority in compliance with the provision in Article 6.
(3)Failure to conduct education and training in compliance with the provision in Paragraph 14.4.
(4)Violations of the regulation for accreditation and administration as laid down by the Competent Authority in compliance with the provision in Paragraph 15.3.
(5)Violations of the provisions in Paragraphs 16.2, 16.3, and 27.4.
(6)Violations of the provisions in Paragraphs 23.1 or 24.1, namely, failure to conduct radiation inspection, testing or failure to issue a "proof of absence of radioactive contamination" as required by the Competent Authority or building safety authorities.
(7)Violations of the provision in Paragraph 25.3 in issuing certified radiation measurement reports.
(8)Violations of the provision in Paragraph 26.1 or the regulations laid down by the Competent Authority according to Paragraph 26.2.
(9)Failure to fulfill the obligation to document and maintain files of related activities, submit applications or file reports as stipulated in this Act.
Article 45
Penalties for Other Minor Offenses
A fine of over forty thousand New Taiwan Dollars (NT$40,000) and under two hundred thousand New Taiwan Dollars (NT$200,000) shall be levied in any of the following situations, and an order to rectify the situation before a deadline shall be handed down. Failure to rectify by the deadline will result in repeated fines for each deadline extended, and even an order to suspend the practice.
(1)Failure to inform third parties as required by the provisions in Paragraph 15.4 or Article 18.
(2)Violations of the provisions in Paragraphs 16.1, 16.4 or Article 33.
(3)Evasion of, interference with, or refusing inspection, measurement or Competent Authority's demands to supply relevant information in compliance with the provision in Paragraph 20.1.
(4)Violations of the provision in Paragraph 31.1, namely, hiring untrained personnel to operate equipment. Unauthorized persons without training who operate equipment are also covered.
Article 46
Penalties for Insubordination
In any of the following situations, radiation personnel is subject to a fine of up to twenty thousand New Taiwan Dollars (NT$20,000):
(1)violations of the provision in Paragraph 14.5, namely, refusing to receive training; or
(2)violations of the provision in Paragraph 16.7, namely, refusing to take a physical checkup or special medical surveillance.
Article 47
Grace Period for Rectification
When a person is given a deadline to rectify a situation or to submit a report, the grace period is thirty (30) days, unless otherwise stipulated by the Competent Authority. The grace period is not limited to this length when there is due cause and the Competent Authority agrees to extend the period.
Article 48
Payment Deadline
The fine levied by this Act must be paid before the deadline specified by the Competent Authority. Failure to do so will result in legal action and compulsory enforcement.
Article 49
One-year Probation
When a party's permit or registration is terminated in accordance with this Act, it will not be allowed to apply for the same type of permit or registration within one (1) year after the termination date.
Article 50
Seizure and Confiscation
Paragraph 50.1
In addition to monetary penalties, the Competent Authority may seize radioactive material, equipment capable of producing ionizing radiation, commercial products, or construction material.
Paragraph 50.2
The party fined or the owner of seized or confiscated items shall pay for the expenses accruing from the Competent Authority's handling or guarding the items.
Paragraph 50.3
The expenses in the preceding paragraph shall be paid before a deadline specified by the Competent Authority. Failure to do so will result in legal action and compulsory enforcement.