Commonwealth Consolidated Acts

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998 - SECT 13

                   In this Act, unless the contrary intention appears:

"annual charge" means charge imposed by the Licence Charges Act.

"CEO" or Chief Executive Officer means the CEO referred to in section 14.

"Commonwealth contractor" means a person (other than a Commonwealth entity) who is a party to a contract with a Commonwealth entity.

Note:          Section 11 limits the circumstances in which the provisions of this Act apply to Commonwealth contractors.

"Commonwealth entity" means any of the following:

                     (a)  the Commonwealth;

                     (b)  a body corporate established for a public purpose by or under an Act;

                     (c)  a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

                              (i)  the Commonwealth;

                             (ii)  a body covered by paragraph (b);

                     (d)  an employee of a person or body covered by any of the above paragraphs.

"controlled apparatus" means any of the following:

                     (a)  an apparatus that produces ionizing radiation when energised or that would, if assembled or repaired, be capable of producing ionizing radiation when energised;

                     (b)  an apparatus that produces ionizing radiation because it contains radioactive material;

                     (c)  an apparatus prescribed by the regulations that produces harmful non‑ionizing radiation when energised.

controlled facility means:

                     (a)  a nuclear installation; or

                     (b)  a prescribed radiation facility.

"controlled material" means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour, which emits ionizing radiation spontaneously.

"controlled person" means any of the following:

                     (a)  a Commonwealth entity;

                     (b)  a Commonwealth contractor;

                     (c)  a person in the capacity of an employee of a Commonwealth contractor;

                     (d)  a person in a prescribed Commonwealth place.

"Council" means the Radiation Health and Safety Advisory Council established by section 19.

"deal with" , in relation to a controlled apparatus or controlled material, means any of the following:

                     (a)  possess, or have control of, the apparatus or material;

                     (b)  use or operate the apparatus, or use the material;

                     (c)  dispose of the apparatus or material.

"evidential material" means any of the following:

                     (a)  any thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;

                     (b)  any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence;

                     (c)  any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

"facility licence" means a licence issued under section 32.

"inspector" means a person appointed as an inspector under section 62.

"ionizing radiation" means electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.

"licence" means a source licence or a facility licence.

"Licence Charges Act" means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 .

"modifications" includes omissions, additions and substitutions.

"non-ionizing radiation" means electromagnetic radiation of a wavelength greater than 100 nanometres.

"nuclear installation" means any of the following:

                     (a)  a nuclear reactor for research or production of nuclear materials for industrial or medical use (including critical and sub‑critical assemblies);

                     (b)  a plant for preparing or storing fuel for use in a nuclear reactor as described in paragraph (a);

                     (c)  a nuclear waste storage or disposal facility with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section;

                     (d)  a facility for production of radioisotopes with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section.

"occupier" , in relation to premises, includes a person present at the premises who is in apparent control of the premises.

"person covered by a licence" means a controlled person who is authorised under the licence to deal with a controlled apparatus or controlled material or to undertake an activity in relation to a controlled facility.

"premises" includes the following:

                     (a)  a structure, building, aircraft, vehicle or vessel;

                     (b)  a place (whether enclosed or built on or not);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

"prescribed Commonwealth place" means a place that is referred to in paragraph 52(i) of the Constitution and is prescribed by the regulations for the purposes of this definition.

"prescribed radiation facility" means a facility or installation that is prescribed by the regulations for the purposes of this definition.

"radiation" means ionizing radiation or non-ionizing radiation.

"radiation control officer" means a person who:

                     (a)  holds a senior position in a regulatory body of a State or Territory; and

                     (b)  is responsible for matters relating to radiation protection or nuclear safety.

"seize" includes secure against interference.

"source licence" means a licence issued under section 33.

"thing" includes a substance, and a thing in electronic or magnetic form.