AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - NOTES

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - NOTES

No. 133, 1998

Compilation No. 14

Compilation date: 20 March 2024

Includes amendments: Act No. 74, 2023

Registered: 21 March 2024

About this compilation

This compilation

This is a compilation of the Australian Radiation Protection and Nuclear Safety Act 1998 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Object of Act

4 Act binds the Crown

5 External Territories

6 Extraterritorial operation

7 Act not to prejudice Australia's defence

8 Act not to prejudice national security

9 Operation of Act

10 Prohibition on certain nuclear installations

11 Application of Act to Commonwealth contractors

11A Application of Act to permitted persons

12 Offences

Part 2--Definitions

13 Definitions

Part 3--ARPANSA

14A Application of the finance law

14 The CEO (or Chief Executive Officer) of ARPANSA

15 Functions of the CEO

16 Minister's directions to CEO

17 Delegation by Minister

18 Delegation by CEO

Part 4--The Radiation Health and Safety Advisory Council

19 Radiation Health and Safety Advisory Council

20 Functions of the Council

21 Membership of the Council

22 Radiation Health Committee

23 Functions of the Radiation Health Committee

24 Membership of the Radiation Health Committee

25 Nuclear Safety Committee

26 Functions of the Nuclear Safety Committee

27 Membership of the Nuclear Safety Committee

28 Remuneration

29 Regulations

Part 5--Regulation of controlled material, controlled apparatus and controlled facilities

Division 1--Prohibitions

30 Construction, operation etc. of controlled facilities

31 Possession etc. of controlled material or controlled apparatus

Division 2--Licences

32 Issue of facility licence

33 Issue of source licence

34 Application fees

35 Licence conditions

36 Amendment of licence

37 Period of licence

38 Cancellation and suspension of licence

39 Surrender of licence

40 Review of licence decisions

Division 3--Enforcement

41 CEO may give directions to controlled persons

42 Review of decisions to give directions

43 Injunctions

44 Forfeiture

Division 4--Information-gathering

44A CEO may require controlled person to provide information, produce documents or appear before the CEO

44B Offence--failure to comply with requirement

Part 6--Administrative matters

Division 1--Appointment, conditions etc. of CEO

45 Appointment of CEO

46 Remuneration and allowances

47 Outside employment

48 Recreation leave etc.

49 Resignation

51 Termination of appointment

52 Other terms and conditions of appointment

53 Acting appointment

Division 2--Money

54 CEO may charge for services

55 Notional payments by the Commonwealth

56 ARPANSA Account

57 Amounts recoverable as debts

Division 3--Miscellaneous

58 Staff and consultants

59 Annual report

60 Quarterly reports

61 Reports to Parliament

Part 7--Powers of inspection etc.

Division 1--Appointment and powers of inspectors

62 Appointment of inspectors

63 Powers available to inspectors for monitoring compliance

64 Inspector must produce identity card on request

65 Powers available to inspectors for dealing with hazardous situations

66 Searches and seizures related to offences

67 General powers of inspectors in relation to premises

68 Details of warrant to be given to occupier etc.

69 Announcement before entry

70 Use of electronic equipment at premises

71 Compensation for damage to electronic equipment

72 Copies of seized things to be provided

73 Occupier entitled to be present during search

74 Receipts for things seized

75 Retention of seized things

76 Magistrate may permit a thing to be retained

77 Monitoring warrants

78 Offence related warrants

79 Offence related warrants by telephone

80 Offences relating to warrants

Division 2--Improvement notices

80A Inspectors may give improvement notices

80B Compliance with improvement notices

80C Review of improvement notice decisions

Division 3--Miscellaneous

81 Part does not limit power to impose licence conditions

82 Operation of Nuclear Non-Proliferation (Safeguards) Act 1987

Part 8--Miscellaneous

83 Operation of State and Territory laws

84 Powers to be exercised in accordance with international agreements

85 Regulations

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history