New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Radiation Control Amendment
Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Radiation Control Act 1990 No 13 3
b2010-118-31.d13
New South Wales
Radiation Control Amendment
Bill 2010
No , 2010
A Bill for
An Act to amend the Radiation Control Act 1990 to make further provision for the
regulation and control of radioactive substances and radiation apparatus; and for
other purposes.
Clause 1 Radiation Control Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Radiation Control Amendment Act 2010. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act except as provided 5
by subsection (2). 6
(2) Schedule 1 [1][6], [8], [9], [12], [13], [17], [19], [20], [24] and [26] 7
commence on a day or days to be appointed by proclamation. 8
Page 2
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
Schedule 1 Amendment of Radiation Control Act 1
1990 No 13 2
[1] Section 3 3
Omit the section. Insert instead: 4
3 Objects of Act 5
(1) The objects of this Act are as follows: 6
(a) to secure the protection of persons and the environment 7
from exposure to ionising and harmful non-ionising 8
radiation to the maximum extent that is reasonably 9
practicable, taking into account social and economic 10
factors and recognising the need for the use of radiation for 11
beneficial purposes, 12
(b) to protect security enhanced sources from misuse that may 13
result in harm to people or the environment, 14
(c) to promote the radiation protection principles. 15
(2) The radiation protection principles are as follows: 16
(a) justification of a practice by assessing that the benefits of 17
the practice involving exposure to ionising radiation 18
outweigh any detriment, 19
(b) optimisation of protection by ensuring that each of the 20
following is kept as low as reasonably achievable taking 21
into account economic and social factors: 22
(i) the magnitude of individual doses of ionising 23
radiation, 24
(ii) the number of people exposed to ionising radiation, 25
(iii) the likelihood of exposure to ionising radiation, 26
(c) dose and risk limitation by setting dose limits or imposing 27
other measures so that the health risks to any person 28
exposed to ionising radiation is kept below levels that are 29
generally considered to be unacceptable. 30
(3) A person is to take the radiation protection principles into 31
consideration when exercising functions under this Act or under 32
a licence. 33
Page 3
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[2] Section 4 Definitions 1
Omit the definitions of licence, occupier and registered premises from 2
section 4 (1). 3
Insert in alphabetical order: 4
accreditation means accreditation granted by the Authority 5
under Part 2. 6
deal with a source, includes, use, sell, give away, dispose of, 7
store, possess, transport, install, maintain or repair a source. 8
Department means the Department of Environment, Climate 9
Change and Water. 10
Director-General means the Director-General of the 11
Department. 12
exercise a function includes perform a duty. 13
function includes a power, authority or duty. 14
licence means a radiation management licence or a radiation user 15
licence. 16
person responsible--see section 6. 17
radiation management licence means a radiation management 18
licence granted by the Authority under Part 2. 19
radiation security assessor means a person who is accredited 20
under section 8 (2). 21
radiation user licence means a radiation user licence granted by 22
the Authority under Part 2. 23
regulated material means any of the following: 24
(a) radioactive substances, 25
(b) ionising radiation apparatus, 26
(c) non-ionising radiation apparatus of a kind prescribed by 27
the regulations, 28
(d) sealed source devices. 29
relevant legislation means: 30
(a) this Act and the regulations, and 31
(b) legislation of any other Australian jurisdiction relating to 32
radiation control or protection, and 33
(c) legislation (including legislation that has been repealed or 34
legislation of another jurisdiction) prescribed by the 35
regulations. 36
Page 4
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
security enhanced source means a sealed radioactive source 1
prescribed by the regulations as a security enhanced source. 2
security plan means a plan referred to in section 14. 3
[3] Section 4 (2) 4
Omit the subsection. Insert instead: 5
(2) Notes included in this Act do not form part of this Act. 6
[4] Sections 5 and 5A 7
Omit section 5. Insert instead: 8
5 Fit and proper persons 9
(1) In determining, for the purposes of this Act, whether a person is 10
a fit and proper person to hold a licence or accreditation, the 11
Authority may take into consideration any one or more of the 12
following: 13
(a) whether the person (or any director of the person in the 14
case of a body corporate) has contravened relevant 15
legislation, or has held a licence, accreditation or other 16
authority that has been suspended or cancelled under 17
relevant legislation, 18
(b) whether, if the person is a body corporate, a director of the 19
body corporate is or has been the director of another body 20
corporate that has contravened relevant legislation, or has 21
held a licence, accreditation or other authority that has 22
been suspended or cancelled under relevant legislation, 23
(c) the record of compliance with relevant legislation of the 24
person (and each director of the person in the case of a 25
body corporate), 26
(d) whether, in the opinion of the Authority, any dealings of 27
the person with regulated material under a licence will or 28
will not be in the hands of a technically competent person, 29
(e) whether, in the opinion of the Authority, the person (and 30
each director of the person in the case of a body corporate) 31
is of good repute, having regard to character, honesty and 32
integrity, 33
(f) whether the person (or any director of the person in the 34
case of a body corporate), in the previous 10 years, has in 35
this or any other Australian jurisdiction: 36
(i) been convicted of an offence involving fraud, 37
dishonesty or other behaviour that the Authority 38
Page 5
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
considers would render the person unfit to hold a 1
licence or accreditation, or 2
(ii) been subject to a finding of professional misconduct 3
or unsatisfactory professional conduct by a body 4
that regulates, or investigates complaints about, 5
health practitioners, 6
(g) whether the person, during the previous 3 years, was an 7
undischarged bankrupt or applied to take the benefit of any 8
law for the relief of bankrupt or insolvent debtors, 9
compounded with his or her creditors or made an 10
assignment of his or her remuneration for their benefit, 11
(h) if the person is an individual, whether he or she is or was a 12
director of a body corporate that is the subject of a winding 13
up order or for which a controller or administrator has been 14
appointed during the previous 3 years, 15
(i) if the person is a body corporate, whether the body 16
corporate is the subject of a winding up order or has had a 17
controller or administrator appointed during the previous 18
3 years, 19
(j) whether the person has demonstrated to the Authority the 20
financial capacity to comply with the person's obligations 21
under the licence or accreditation or the proposed licence 22
or accreditation, 23
(k) whether the person is in partnership with a person whom 24
the Authority does not consider to be a fit and proper 25
person under this section, in connection with: 26
(i) dealings with regulated material authorised (or 27
sought to be authorised) by a licence, or 28
(ii) activities authorised (or sought to be authorised) by 29
an accreditation, 30
(l) any other ground that the Authority considers appropriate. 31
(2) In this section: 32
director of a body corporate includes a person involved in the 33
management of the affairs of the body corporate. 34
5A Public bodies may exercise certain functions of Authority 35
(1) The object of this section is to provide for public bodies other 36
than the Authority to exercise certain of the Authority's functions 37
under this Act in certain circumstances instead of the Authority. 38
(2) The Director-General of the Department of Industry and 39
Investment may exercise such functions of the Authority as may 40
Page 6
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
be prescribed by the regulations in respect of radioactive ore 1
subject to such conditions or limitations as are specified in the 2
regulations. 3
(3) The Authority cannot exercise a function in respect of radioactive 4
ore if that function is prescribed under subsection (2). 5
(4) The regulations may prescribe the circumstances (including 6
conditions and limitations) in which a public body may exercise 7
functions of the Authority under this Act. 8
(5) The Authority cannot exercise a function in circumstances if the 9
regulations have prescribed another public body to exercise the 10
function in those circumstances. 11
(6) The regulations may not prescribe circumstances in which a 12
public body exercises any such function in respect of activities 13
carried on by that public body. 14
(7) The regulations may give effect to a scheme similar to that set out 15
in sections 212C and 212D of the Protection of the Environment 16
Operations Act 1997. 17
Note. Those sections set out what is to occur if a public body or an 18
officer of the body exercises functions in relation to a matter for which it 19
is not authorised. 20
[5] Parts 2 and 2A 21
Omit Part 2. Insert instead: 22
Part 2 Licences and accreditations 23
6 Radiation management licences 24
(1) For the purposes of this Act each of the following persons is a 25
person responsible for regulated material: 26
(a) the owner of the regulated material, 27
(b) any person who is storing, selling or giving away the 28
regulated material, 29
(c) any person who has possession of the regulated material, 30
other than: 31
(i) a person who is the holder of a radiation user licence 32
in respect of the regulated material and who has 33
possession of the regulated material only for the 34
purposes of using the regulated material, or 35
(ii) a person who has possession of the regulated 36
material only for the purposes of transporting the 37
regulated material. 38
Page 7
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(2) A person responsible for regulated material must hold a radiation 1
management licence in respect of the regulated material and must 2
comply with any conditions to which the licence is subject. 3
Maximum penalty: 1,500 penalty units in the case of a 4
corporation or 250 penalty units or imprisonment for 2 years, or 5
both, in any other case. 6
(3) The Minister may, by notice in writing given to a person, exempt 7
the person from the requirement to hold a radiation management 8
licence. 9
(4) The exemption may be granted unconditionally or subject to 10
conditions and remains in force for the time specified in the 11
notice or until cancelled by the Minister by giving further notice 12
in writing, whichever occurs first. 13
(5) The Minister may seek, and take into consideration, the advice of 14
the Council before making a decision in respect of the granting of 15
an exemption under this section. 16
(6) Each person responsible for regulated material must ensure that 17
the regulated material is not sold, leased or given to, or stored, 18
possessed or used by, any other person unless that other person is 19
the holder of an appropriate licence under this Part in respect of 20
the regulated material. 21
Maximum penalty: 1,500 penalty units in the case of a 22
corporation or 250 penalty units or imprisonment for 2 years, or 23
both, in any other case. 24
7 Radiation user licence 25
A natural person who uses regulated material must hold a 26
radiation user licence and must comply with any conditions to 27
which the licence is subject. 28
Maximum penalty: 250 penalty units or imprisonment for 29
2 years, or both. 30
8 Accreditation of radiation experts and security assessors 31
(1) A person must not carry out any of the activities prescribed by the 32
regulations as the activities of a consulting radiation expert unless 33
the person holds accreditation as a consulting radiation expert 34
and caries out those activities in compliance with any conditions 35
to which that accreditation is subject. 36
(2) A person must not carry out any of the activities prescribed by the 37
regulations as the activities of a radiation security assessor unless 38
the person holds accreditation as a radiation security assessor and 39
Page 8
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
carries out those activities in compliance with any conditions to 1
which that accreditation is subject. 2
Maximum penalty: 100 penalty units. 3
9 Applications with respect to licences and accreditations 4
(1) A person may apply to the Authority for a licence or accreditation 5
or for a renewal or variation of a licence or accreditation held by 6
the person. 7
(2) The application must be in the approved form and be 8
accompanied by the fee prescribed in respect of the licence or 9
accreditation. 10
(3) The application must contain any information that the Authority 11
may require. 12
(4) The Authority may require the applicant to provide any further 13
information that it considers necessary to determine the 14
application. 15
(5) The Authority may, in granting an application in respect of a 16
licence or accreditation, impose such conditions on the licence or 17
accreditation as the Authority sees fit. 18
(6) The Authority must (or, in the case of a renewal application, may) 19
refuse to grant an application unless it is satisfied that: 20
(a) the applicant is a fit and proper person to hold the licence 21
or accreditation, and 22
(b) the applicant meets any requirements that may be 23
prescribed by the regulations in respect of the licence or 24
accreditation, and 25
(c) the applicant meets any requirements in respect of the 26
licence or accreditation that may be set out in a document 27
forming part of the National Directory and adopted by the 28
Authority under section 37, and 29
(d) in the case of a radiation user licence, the applicant is a 30
natural person who has appropriate knowledge of the 31
principles and practices of radiation safety and protection 32
applicable to the activities proposed to be carried on by the 33
applicant pursuant to the licence, and 34
(e) in the case of an accreditation, the applicant is a natural 35
person who has the qualifications or expertise necessary to 36
properly carry out the activities to be authorised by the 37
accreditation. 38
Page 9
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(7) The Authority may, at its discretion, refuse an application on any 1
other ground. 2
(8) The Authority may seek, and take into consideration, the advice 3
of the Council before making a decision in respect of an 4
application under this section. 5
10 Variation of licences and accreditations 6
(1) The Authority may vary a licence or accreditation on its own 7
motion or on the application of the holder of the licence or 8
accreditation. 9
(2) A variation takes effect when the holder of the licence or 10
accreditation is given notice in writing of the variation, or if a 11
later time is specified in the notice, at that later time. 12
(3) A licence may be varied so that it relates to regulated material to 13
which it did not relate before the variation. 14
(4) An accreditation may be varied so as to authorise the carrying on 15
of activities which were not authorised before the variation. 16
(5) A variation may involve the imposition of a condition on the 17
licence or accreditation or the revocation of any such condition. 18
11 Term of licences and accreditations 19
A licence or accreditation remains in force (unless it is cancelled 20
or surrendered sooner): 21
(a) for the term specified by the Authority in the licence or 22
accreditation, or 23
(b) if an application to renew the licence or accreditation is 24
made in accordance with this Part and received by the 25
Authority before, or within 60 days after, the end of that 26
specified term--until the application is determined. 27
12 Surrender of licences and accreditation 28
(1) A licence or accreditation may be surrendered only with the 29
written approval of the Authority. 30
(2) The application for approval must be in the approved form and 31
must contain any information that the Authority may require. 32
(3) The Authority may require the applicant to provide any further 33
information that it considers necessary to determine the 34
application. 35
Page 10
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(4) The Authority may refuse an application for surrender of a 1
licence if it is of the opinion that: 2
(a) there will be an ongoing impact arising from any regulated 3
material to which the licence relates, and 4
(b) it is appropriate to manage that impact through conditions 5
of the licence. 6
(5) A licence or accreditation surrendered under this section ceases 7
to be of any force or effect. 8
13 Cancellation and suspension of licences and accreditations 9
(1) The Authority may, at its discretion, suspend or cancel a licence 10
or accreditation on any ground including if it is satisfied of any 11
one or more of the following: 12
(a) that the grant of the licence or accreditation was made in 13
error or was obtained improperly, 14
(b) that the holder of the licence or accreditation is not a fit and 15
proper person to hold the licence or accreditation, 16
(c) that the holder of the licence or accreditation has 17
contravened a condition of it, 18
(d) that the holder of the licence or accreditation has been 19
convicted of an offence against relevant legislation, 20
(e) that the holder has ceased to hold a qualification which was 21
the basis on which the Authority granted the licence or 22
accreditation, 23
(f) that, in the case of an accreditation, the holder has ceased 24
carrying out the activities to which the accreditation 25
relates. 26
(2) A decision of the Authority to suspend or cancel a licence or 27
accreditation has no effect: 28
(a) until the expiration of the period within which a person 29
may appeal against the decision, or 30
(b) if a person appeals against the decision within that period, 31
unless and until the decision is confirmed by the District 32
Court or the appeal is withdrawn. 33
(3) A licence or accreditation: 34
(a) cancelled under this section ceases to be of any force or 35
effect, or 36
(b) suspended under this section is of no force or effect for the 37
period of the suspension. 38
Page 11
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(4) If a licence or accreditation has been suspended, it can be 1
renewed but remains subject to suspension until the expiration of 2
the period of suspension. 3
(5) The holder of a licence or accreditation which is suspended or 4
cancelled must surrender it to the Authority. 5
Maximum penalty: 10 penalty units. 6
13A Conditions of suspension, cancellation or surrender 7
(1) A licence or accreditation may be suspended or cancelled, or the 8
surrender of a licence or accreditation may be approved, 9
unconditionally or subject to such conditions as the Authority 10
imposes. 11
(2) Those conditions may include (but are not limited to) any 12
conditions to which the licence or accreditation was subject 13
immediately before it was suspended, cancelled or surrendered. 14
(3) The Authority may, by giving notice in writing to the former 15
holder of a cancelled or surrendered licence or accreditation or 16
the holder of a suspended licence or accreditation, attach new 17
conditions to, or vary or revoke any existing conditions of, the 18
suspension, cancellation or surrender of the licence or 19
accreditation. 20
(4) The former holder of a licence that has been cancelled or 21
surrendered, or the holder of a licence that has been suspended, 22
must comply with any conditions to which the cancellation, 23
surrender or suspension is subject. 24
Maximum penalty: 1,500 penalty units in the case of a 25
corporation or 250 penalty units or imprisonment for 2 years, or 26
both, in any other case. 27
(5) The former holder of an accreditation that has been cancelled or 28
surrendered, or the holder of an accreditation that has been 29
suspended, must comply with any conditions to which the 30
cancellation, surrender or suspension is subject. 31
Maximum penalty: 100 penalty units. 32
13B Conditions generally 33
(1) A condition imposed under this Part that specifies a time by 34
which, or period within which, the condition must be complied 35
with continues to have effect until the condition is complied with 36
or revoked even though the time has passed or the period has 37
expired. 38
Page 12
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(2) The kinds of condition that may be imposed under this Part 1
include the following: 2
(a) conditions that relate to the control or management of 3
regulated material, 4
(b) conditions that relate to the places at which regulated 5
material is kept or used, 6
(c) conditions that relate to the equipment used in conjunction 7
with regulated material, 8
(d) conditions requiring the carrying out of works or programs 9
(such as the securing, storage or disposal of regulated 10
material or remediation, clean-up or improvement works 11
with respect to regulated material), 12
(e) conditions requiring financial assurances to secure or 13
guarantee funding for or towards the carrying out of any 14
such works or programs, 15
(f) conditions that apply requirements set out in a document 16
forming part of the National Directory or a document (as 17
in force for the time being) such as a guideline issued by 18
the Authority, an Australian Standard or a publication of 19
the Australian Radiation Protection and Nuclear Safety 20
Agency, 21
(g) conditions of a kind prescribed by the regulations. 22
13C Public register of licences 23
(1) The Authority is to maintain a register of licences issued under 24
this Part. 25
(2) The register is to contain the following information in relation to 26
each licence: 27
(a) the name of the holder of the licence, 28
(b) the type and number of the licence, 29
(c) the expiry date of the licence, 30
(d) the status of the licence, 31
(e) such other information as may be prescribed by the 32
regulations. 33
(3) The register may also contain such information as may be 34
prescribed by the regulations in relation to any licence that is 35
suspended, cancelled or surrendered. 36
Page 13
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(4) The Authority is to make the register available to members of the 1
public to inspect free of charge: 2
(a) at its principal office during ordinary office hours, and 3
(b) on its website. 4
(5) The Authority may charge a fee for providing a person with a 5
copy of the register or part of the register or for making the 6
register available for inspection at some other place. 7
(6) Section 57 of the Privacy and Personal Information Protection 8
Act 1998 does not apply to the register referred to in this section. 9
Part 2A Security of radioactive sources 10
14 Preparation of security plans 11
(1) Each person responsible for a security enhanced source must 12
ensure that a plan is made that addresses: 13
(a) the security of the source (a source security plan), and 14
(b) if the source is to be transported, the security of the source 15
during transport (a source transport security plan). 16
Note. A security enhanced source is a sealed radioactive source 17
prescribed by the regulations. A sealed radioactive source means a 18
radioactive substance sealed in a capsule or closely bound in a solid 19
form. As a radioactive substance is regulated material, each person 20
responsible for that regulated material will be a person responsible for 21
the security enhanced source. 22
(2) A security plan must set out how the source is to be protected 23
from unauthorised access, nominate a natural person who is to be 24
responsible for implementing the plan and deal with any other 25
matters that may be prescribed by the regulations. 26
(3) The regulations may make provision with respect to the form and 27
content of security plans, the provision of security plans to the 28
Authority and other persons and the keeping of records in respect 29
of security plans. 30
(4) A security plan cannot be made or amended unless the plan or 31
amendment has been reviewed by a radiation security assessor 32
who endorses on the plan that the plan, or plan as amended, 33
satisfies the requirements of this section. 34
(5) Subsection (4) does not apply to an amendment that only updates 35
the name of the natural person who is to be responsible for 36
implementing the plan or an amendment of a kind prescribed by 37
the regulations. 38
Page 14
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(6) Each person responsible for a security enhanced source must 1
ensure that any security plan in respect of the source: 2
(a) is made or amended in accordance with this section, and 3
(b) is provided to the Authority: 4
(i) at such times as the Authority or the regulations may 5
require, and 6
(ii) in the case of a source transport security plan, as 7
soon as reasonably practicable after the plan is made 8
or amended, and 9
(c) is reviewed periodically or at such times and in such 10
manner as may be prescribed by the regulations, and 11
(d) is implemented and complied with. 12
(7) A person who has been given a copy of a security plan or part of 13
such a plan in respect of a security enhanced source must comply 14
with the plan or the part in the person's dealings with the source. 15
Maximum penalty: 1,500 penalty units in the case of a 16
corporation or 250 penalty units in any other case. 17
14A Implementation of security measures 18
(1) Each person responsible for a security enhanced source must 19
ensure that the source is protected by any security protection 20
measure prescribed by the regulations with respect to the source. 21
Maximum penalty: 1,500 penalty units in the case of a 22
corporation or 250 penalty units in any other case. 23
(2) A person must not interfere with any security protection measure 24
prescribed with respect to a security enhanced source unless the 25
interference: 26
(a) occurs during repair or maintenance, but only if the 27
security protection measure complies with this section 28
following the repair or maintenance, or 29
(b) is to a security protection measure that is no longer 30
required under this section, or 31
(c) is by the Authority or an authorised officer or by a person 32
acting in accordance with a direction or notice under this 33
Act, or 34
(d) occurs in circumstances prescribed by the regulations. 35
Maximum penalty: 1,500 penalty units in the case of a 36
corporation or 250 penalty units in any other case. 37
Page 15
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(3) In this section: 1
interfere with any security protection measure includes removal 2
of or damage to the measure, altering the measure so that it is less 3
effective or rendering the measure ineffective. 4
14B Identification and security checking 5
(1) Each person responsible for a security enhanced source 6
prescribed by the regulations must ensure that the following 7
natural persons have undergone and satisfied an identity check 8
that ascertains the identity and residential address of the person 9
and any other prescribed information in respect of the person: 10
(a) a person who deals with the source, 11
(b) a person prescribed by the regulations. 12
(2) Each person responsible for a security enhanced source must 13
ensure that the following natural persons have undergone and 14
satisfied a security check in accordance with the regulations: 15
(a) a person nominated under this Part as being responsible for 16
implementing a security plan in respect of the source (a 17
nominated person), 18
(b) a person who transports the source, 19
(c) if the source is prescribed by the regulations, a person who 20
deals with the source, 21
(d) a person prescribed by the regulations. 22
(3) A check is not required under this section in respect of: 23
(a) a person if: 24
(i) the person is under the direct supervision of another 25
person at all times when engaged in the activity in 26
respect of which the check would otherwise be 27
required, and 28
(ii) the other person is a natural person who has 29
undergone and satisfied the relevant check, or 30
(b) a person prescribed by the regulations. 31
(4) Subsection (3) does not exempt any of the following persons 32
from undergoing and satisfying a security check: 33
(a) a nominated person, 34
(b) a person who transports a source, 35
(c) a person prescribed by the regulations. 36
Page 16
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(5) A person must not engage in any activity for which the person is 1
required to undergo a check under this section unless the person 2
has undergone and satisfied that check. 3
(6) The regulations may make provision with respect to a check 4
under this section and any matter related to any such check 5
including requiring additional persons to ensure that such checks 6
are carried out. 7
Maximum penalty: 1,500 penalty units in the case of a 8
corporation or 250 penalty units in any other case. 9
[6] Sections 18 and 19 10
Omit the sections. Insert instead: 11
18 Notices to avoid or remedy contraventions 12
(1) An authorised officer may serve a notice under this section on a 13
person if the authorised officer believes on reasonable grounds 14
that the person is, or is likely to become, responsible for: 15
(a) a contravention of this Act, the regulations or the 16
conditions of, a licence or accreditation or, the suspension, 17
cancellation or surrender of a licence or accreditation, or 18
(b) unnecessary exposure to or contamination by radiation. 19
(2) The notice is to be in writing and may contain a direction 20
requiring the person on whom it is served to take specified steps, 21
or refrain from doing specified things, to comply with the 22
direction within a specified time. 23
(3) The Authority must, as soon as practicable after the authorised 24
officer issues the notice, advise the Council about the notice. 25
(4) The person on whom the notice is served must: 26
(a) comply with the notice, and 27
(b) within 30 days or such longer time as may be permitted by 28
the Authority, pay the prescribed fee to the Authority. 29
Maximum penalty: 200 penalty units. 30
(5) The Authority may waive payment of the whole or any part of the 31
fee. 32
Page 17
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(6) The person may appeal to the District Court against a decision of 1
the Authority under this section and the following provisions 2
apply to and in respect of the appeal: 3
(a) the person must comply with the notice unless the Court 4
directs that the notice be stayed, in which case the notice 5
ceases to have effect until: 6
(i) the stay ceases, or 7
(ii) the Court confirms the notice, or 8
(iii) the appeal is withdrawn, 9
(b) the amount payable under subsection (4) (b) is not required 10
to be paid until 30 days after: 11
(i) the Court confirms the notice, or 12
(ii) the appeal is withdrawn, 13
(c) the appeal is to be in accordance with the rules of the 14
District Court, 15
(d) the appeal is to be by way of a new hearing and new 16
evidence can be given on the appeal, 17
(e) the decision of the Court is final and is to be given effect 18
to by the Authority. 19
(7) A notice may be varied or revoked and more than one notice may 20
be served under this section on the same person or in respect of 21
the same incident or both. 22
(8) A notice that specifies a time by which, or period within which, 23
a direction must be complied with continues to have effect until 24
the direction is complied with or revoked even though the time 25
has passed or the period has expired. 26
(9) A notice may be served on a person in respect of a matter or thing 27
even though the person is outside the State or the matter or thing 28
occurs or is located outside the State, so long as the matter or 29
thing affects the environment or a natural person of this State. 30
19 Powers to deal with dangerous situations 31
(1) If the Authority considers that a dangerous or potentially 32
dangerous situation exists involving actual or threatened 33
exposure of any person, animal or thing or the environment to an 34
excessive level of radiation or contamination by regulated 35
Page 18
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
material, the Authority may, to avoid, remove or alleviate the 1
danger or potential danger: 2
(a) direct the person responsible for the danger or potential 3
danger or any person affected by it to take, or refrain from 4
taking, any specified action, or 5
(b) direct that the regulated material giving rise to the danger 6
or potential danger or anything contaminated or affected 7
by it be seized, removed, disposed of, treated or otherwise 8
dealt with, or 9
(c) give any other direction that the Authority considers 10
appropriate, or 11
(d) take any action that the Authority considers necessary to 12
alleviate the danger or potential danger (including any 13
action that a person has been directed to take but has failed 14
to take). 15
(2) Directions may be given or action taken under subsection (1) by 16
the Authority or, with the prior approval of the Authority, by an 17
authorised officer, police officer or other person appointed for the 18
purpose by the Authority. 19
(3) A direction may be given: 20
(a) by a notice published in the Gazette or on the NSW 21
legislation website, or 22
(b) by an instrument in writing served on the person to whom 23
it is directed, or 24
(c) orally in circumstances of imminent danger, so long as, 25
within 24 hours after it is given orally, notice of the 26
direction is also given by instrument in writing served on 27
the person concerned. 28
(4) The person must comply with a direction. 29
Maximum penalty: 1,500 penalty units in the case of a 30
corporation or 250 penalty units or imprisonment for 2 years, or 31
both, in any other case. 32
(5) A person must not hinder or obstruct any person exercising any 33
function, or complying with any direction, under this section. 34
Maximum penalty: 1,500 penalty units in the case of a 35
corporation or 250 penalty units or imprisonment for 2 years, or 36
both, in any other case. 37
Page 19
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(6) The person to whom a direction is given must, within 30 days or 1
such longer time as may be permitted by the Authority, pay the 2
prescribed fee to the Authority. 3
Maximum penalty: 200 penalty units. 4
(7) The Authority may waive payment of the whole or any part of the 5
fee. 6
(8) A direction may be varied or revoked and more than one direction 7
may be served under this section on the same person or in respect 8
of the same incident or both. 9
(9) A direction that specifies a time by which, or period within 10
which, the direction must be complied with continues to have 11
effect until the direction is complied with or revoked even though 12
the time has passed or the period has expired. 13
(10) A direction may be given to a person in respect of a matter or 14
thing even though the person is outside the State or the matter or 15
thing occurs or is located outside the State, so long as the matter 16
or thing affects the environment or a natural person of this State. 17
(11) The exercise of the Authority's functions under this section is 18
subject to the State Emergency and Rescue Management Act 19
1989. 20
[7] Section 24 Increased penalty for offence causing serious harm 21
Omit section 24 (1). Insert instead: 22
(1) This section applies when a person is convicted of an offence 23
against a provision of this Act and it is proved beyond reasonable 24
doubt that the person knew that its commission was likely to 25
cause serious harm to a person, animal or thing or the 26
environment by exposure to radiation. 27
[8] Section 24A 28
Insert after section 24: 29
24A Enforcement of undertakings 30
(1) The Authority may accept a written undertaking given by a 31
person if the Authority reasonably believes that the person has 32
contravened this Act or the regulations. 33
(2) The person may withdraw or vary the undertaking at any time, 34
but only with the consent in writing of the Authority. The consent 35
of the Authority is required even if the undertaking purports to 36
authorise withdrawal or variation of the undertaking without that 37
consent. 38
Page 20
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(3) The Authority may apply to the District Court for an order under 1
subsection (4) if the Authority considers that the person who gave 2
the undertaking has breached any of its terms. 3
(4) The Court may make all or any of the following orders if it is 4
satisfied that the person has breached a term of the undertaking: 5
(a) an order directing the person to comply with that term of 6
the undertaking, 7
(b) an order directing the person to pay to the State an amount 8
not exceeding the amount of any financial benefit that the 9
person has obtained directly or indirectly and that is 10
reasonably attributable to the breach, 11
(c) any order that the Court thinks appropriate directing the 12
person to compensate any other person who has suffered 13
loss or damage as a result of the breach, 14
(d) an order suspending or cancelling any licence or 15
accreditation held by the person, 16
(e) an order requiring the person to prevent, control, abate or 17
mitigate any actual or likely harm to the environment or 18
human health caused by the breach, 19
(f) an order requiring the person to make good any actual or 20
likely harm to the environment caused by the breach, 21
(g) any other order the Court considers appropriate. 22
[9] Section 25 Proceedings for offences 23
Omit "Director-General of the Authority" from section 25 (4). 24
Insert instead "Director-General". 25
[10] Section 25 (5)(8) 26
Omit section 25 (5). Insert instead: 27
(5) Proceedings for an offence under this Act may be commenced 28
within 12 months after the date on which: 29
(a) the offence is alleged to have been committed, or 30
(b) evidence of the alleged offence first came to the attention 31
of an authorised officer. 32
(6) If subsection (5) (b) is relied on for the purpose of commencing 33
proceedings: 34
(a) the court attendance notice must contain particulars of the 35
date on which evidence of the offence first came to the 36
attention of an authorised officer and need not contain 37
Page 21
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
particulars of the date on which the offence was 1
committed, and 2
(b) unless the contrary is established, that specified date is 3
taken to be the date on which evidence first came to the 4
attention of an authorised officer. 5
(7) This section applies despite anything in the Criminal Procedure 6
Act 1986 or any other Act. 7
(8) In this section: 8
evidence of an offence means evidence of any act or omission 9
constituting the offence. 10
[11] Section 25A Penalty notices 11
Insert after section 25A (9): 12
(10) Within 28 days after the date on which a penalty notice is served, 13
an authorised officer may withdraw the notice if it was served by 14
an authorised officer or a police officer may withdraw the notice 15
if it was served by a police officer. 16
(11) An authorised officer or a police officer must withdraw a penalty 17
notice immediately if directed to do so by the Authority. 18
(12) The following provisions have effect in relation to an alleged 19
offence if a penalty notice for the alleged offence is withdrawn in 20
accordance with this section: 21
(a) the amount that was payable under the notice ceases to be 22
payable, 23
(b) any amount that has been paid under the notice is 24
repayable to the person by whom it was paid, 25
(c) further proceedings in respect of the alleged offence may 26
be taken against any person (including the person on 27
whom the notice was served) as if the notice had never 28
been served. 29
[12] Section 28 Recovery of costs 30
Insert at the end of the section: 31
(2) If an authorised officer serves a notice under section 18 or the 32
Authority gives a direction under section 19 to a person, the 33
Authority may, by giving notice in writing, require the person to 34
pay all or any reasonable costs and expenses incurred by the 35
Authority in connection with: 36
(a) monitoring action under the notice or direction, and 37
Page 22
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(b) ensuring that the notice or direction is complied with, and 1
(c) any other associated matters. 2
(3) Any such costs and expenses may be recovered by the Authority 3
from the person in a court of competent jurisdiction as a debt. 4
[13] Part 3A 5
Insert after Part 3: 6
Part 3A Financial assurances 7
28A Purpose of this Part 8
(1) The purpose of this Part is to provide (by way of conditions of 9
radiation management licences) financial assurances to secure or 10
guarantee funding for or towards the carrying out of works or 11
programs (such as the securing, storage or disposal of regulated 12
material or remediation, clean-up or improvement works with 13
respect to regulated material) required by or under a licence. 14
(2) A financial assurance is not to operate as a mere penalty for a 15
contravention of this Act, the regulations or the conditions of a 16
licence. 17
28B Definition of "conditions" of licence 18
In this Part, a reference to the conditions of a radiation 19
management licence includes a reference to the conditions of the 20
suspension, cancellation or surrender of such a licence. 21
28C Requiring financial assurances 22
(1) The conditions of a radiation management licence may require 23
the holder or former holder of the licence to provide a financial 24
assurance. The Authority may require any such financial 25
assurance to be provided before it issues, suspends or cancels the 26
licence or before it approves of its surrender. 27
(2) A financial assurance may be in one or more of the following 28
forms: 29
(a) a bank guarantee, 30
(b) a bond, 31
(c) another form of security that the Authority considers 32
appropriate and specifies in the condition. 33
(3) A condition of a licence may provide for the procedures under 34
which the financial assurance may be called on or used. 35
Page 23
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
28D Restriction on requiring financial assurance 1
The Authority cannot impose a condition on a radiation 2
management licence requiring a financial assurance to be 3
provided unless it is satisfied that the condition is justified having 4
regard to: 5
(a) the degree of risk of environmental harm or harm to human 6
health associated with the activities under the licence, or 7
(b) the works or programs that may be required because of 8
activities under the licence, or 9
(c) the environmental or radiation safety or security record of 10
the holder or former holder of the licence or proposed 11
holder of the licence, or 12
(d) any other matters prescribed by the regulations. 13
28E Amount of financial assurances 14
(1) The amount of a financial assurance is to be as determined by the 15
Authority. 16
(2) However, the Authority must not require financial assurances of 17
an amount that exceeds the total cost of carrying out the relevant 18
work or program. That total cost is the amount that, in the 19
Authority's opinion, represents a reasonable estimate of the total 20
likely costs and expenses that may be incurred in carrying out the 21
work or program required by or under this Act for which the 22
financial assurance is required, including the likely costs and 23
expenses of the Authority in directing and supervising the 24
carrying out of the work or program. 25
(3) The Authority may require the holder or former holder of a 26
licence who is required to give a financial assurance to provide to 27
the Authority an independent assessment of the cost of the 28
relevant work or program for which the assurance is required. 29
28F Guidelines about financial assurances 30
The regulations may make provision for or with respect to 31
guidelines to be observed in relation to the content of conditions 32
requiring financial assurances and in relation to the calculation of 33
the amount of financial assurances required. 34
28G Carrying out of work or program when licensee fails to do so 35
(1) The Authority may carry out, or direct or supervise the carrying 36
out by another person of, any work or program covered by any 37
financial assurance required by the conditions of a radiation 38
management licence if the holder or former holder of the licence 39
Page 24
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
fails, in the opinion of the Authority, to carry out that work or 1
program in accordance with the conditions of the licence. 2
(2) The Authority may do so by the use of contractors, consultants or 3
otherwise. 4
(3) The Authority may enter, or authorise any other person to enter, 5
the premises concerned to carry out the work or program. 6
28H Claim on or realising of financial assurance 7
(1) The Authority may recover or fund the reasonable costs or 8
expenses of the Authority or other person in carrying out any 9
such work or program (including the likely costs and expenses of 10
the Authority in directing and supervising the carrying out of the 11
work or program) by making a claim on or realising the financial 12
assurance or part of it. 13
(2) Before making the claim on or realising the financial assurance 14
or part of it, the Authority must give to the holder or former 15
holder of the licence a written notice that: 16
(a) states details of the work or program carried out or 17
proposed to be carried out, and 18
(b) states the amount of the financial assurance to be claimed 19
or realised, and 20
(c) invites the person to make representations to the Authority 21
to show why the financial assurance should not be claimed 22
or realised as proposed, and 23
(d) states the period (at least 30 days after the notice is given 24
to the person) within which representations may be made. 25
(3) The representations must be made in writing. 26
(4) After the end of the period stated in the notice, the Authority must 27
consider any representations properly made by the person. 28
(5) If the Authority decides to make a claim on or realise the financial 29
assurance or part of it, the Authority must immediately give 30
written notice to the holder or former holder of the licence of its 31
decision and the reasons for the decision. 32
(6) The Authority must return any excess amounts to the holder or 33
former holder of the licence or that person's successors. 34
(7) If the amount of financial assurance claimed or realised by the 35
Authority is not sufficient to cover all the costs and expenses 36
concerned, the Authority may recover the excess from the holder 37
or former holder of the licence in a court of competent 38
jurisdiction as a debt. 39
Page 25
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
28I Lapsing of financial assurance 1
The requirement to provide financial assurance lapses and no 2
longer binds the holder or former holder of the licence if the 3
Authority is satisfied that the work or program for which the 4
financial assurance was required has been satisfactorily carried 5
out and the Authority has given the holder or former holder of the 6
licence written notice of the lapsing of the financial assurance. 7
28J Liability of Authority, State and others 8
(1) Anything done by or at the direction, or under the supervision, of 9
the Authority under section 28G (1) is taken to have been done 10
by the holder or former holder of the licence. 11
(2) The State, the Minister, the Authority, the members of the Board 12
of the Authority, any members of the staff of the Authority and 13
any persons engaged by or otherwise acting with the authority of 14
the Authority (or any of them): 15
(a) are not liable for anything done or omitted to be done in 16
good faith in connection with a condition of a radiation 17
management licence to which this Part applies or in 18
carrying out or giving effect to this Part, and 19
(b) without affecting the generality of paragraph (a), are taken, 20
for the purposes of section 23, not to be concerned in the 21
management of a corporation when doing or omitting to do 22
anything in connection with such a condition or when 23
carrying out or giving effect to this Part. 24
28K Financial assurance not to affect other action 25
A financial assurance may be called on and used, despite and 26
without affecting: 27
(a) any liability of the holder or former holder of the licence to 28
any penalty for an offence for a contravention to which the 29
assurance relates, and 30
(b) any other action that might be taken or is required to be 31
taken in relation to any contravention or other 32
circumstances to which the assurance relates. 33
[14] Part 4 34
Omit "Administration" from the heading to the Part. 35
Insert instead "Radiation Advisory Council". 36
Page 26
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
[15] Section 29 Radiation Advisory Council 1
Omit "16 members" from section 29 (2). Insert instead "17 members". 2
[16] Section 29 (2) (o1) 3
Insert after section 29 (2) (o): 4
(o1) a person with expertise in mine radiation safety, and 5
[17] Section 30 Functions of the Council 6
Omit ", registrations" from section 30 (2A). 7
[18] Section 33 Annual report of Council to Parliament 8
Move the section into Part 4 after section 31. 9
[19] Section 33A 10
Insert before section 34: 11
33A Abandoning radioactive substance 12
A person must not abandon any radioactive substance without 13
reasonable excuse. 14
Maximum penalty: 1,500 penalty units in the case of a 15
corporation or 250 penalty units or imprisonment for 2 years, or 16
both, in any other case. 17
[20] Sections 3536B 18
Omit sections 35 and 36. Insert instead: 19
35 Service of documents 20
(1) For the purposes of this Act, any notice or other document may 21
be issued or given to a person, or may be served on a person: 22
(a) by delivering it personally to the person, or 23
(b) by delivering it to the place of residence or business of the 24
person and by leaving it there for the person with a person 25
apparently of or above the age of 16 years, or 26
(c) by posting it duly stamped and addressed to the person at 27
the place last shown in the records of the Authority as the 28
person's place of residence or business, or 29
(d) by posting it duly stamped and addressed to the person at 30
the place indicated by the person as an address to which 31
correspondence may be posted (including for example a 32
post office box), or 33
Page 27
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(e) by sending it by facsimile or electronic transmission 1
(including by email) to the person in accordance with 2
arrangements indicated by the person as appropriate for 3
transmitting documents to the person, or 4
(f) by leaving it addressed to the person at a document 5
exchange or other place (in accordance with usual 6
arrangements for the exchange or other place) indicated by 7
the person as an exchange or place through which 8
correspondence may be forwarded to the person. 9
(2) This section does not affect any other mode of issuing, giving or 10
serving a notice or other document under any other law. 11
36 Evidentiary matters 12
(1) In any proceedings under this Act, the holder or former holder of 13
a radiation management licence is at a particular time or during a 14
particular period (in the absence of evidence to the contrary) 15
taken to be a person responsible for any regulated material to 16
which the licence related at that time or during that period. 17
(2) A document signed by the Director-General and certifying any 18
one or more of the following matters is admissible in any 19
proceedings under this Act and (in the absence of evidence to the 20
contrary) is taken to be evidence of the matters so certified: 21
(a) on a specified day, or during a specified period, a licence 22
or accreditation was or was not in force or was or was not 23
subject to a specified condition, 24
(b) on a specified day a licence or accreditation was or was not 25
suspended, cancelled, varied or surrendered or the 26
suspension, cancellation or surrender of a licence or 27
accreditation was or was not subject to specified 28
conditions, 29
(c) on a specified day a specified person was or was not an 30
authorised officer or was or was not the holder of a 31
specified licence or accreditation, 32
(d) on a specified day a specified person was or was not served 33
with a specified notice, or given a specified direction, 34
under this Act or any such direction or notice was or was 35
not varied or revoked, 36
(e) a specified amount is payable by a specified person under 37
this Act to the Authority and that amount has not been 38
paid, 39
(f) a specified cost or expense was incurred by an authorised 40
officer or public body in a specified way. 41
Page 28
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(3) The Authority may not rely on a document referred to in 1
subsection (2) in proceedings unless it has given written notice to 2
each other party in the proceedings of its intention to rely on the 3
document and provided each such party with a copy of the 4
document. 5
36A Appeals to District Court 6
(1) A person may, in accordance with the rules of the District Court, 7
appeal to the District Court against a decision of the Authority: 8
(a) to refuse to grant the person a licence or accreditation, or 9
(b) to impose conditions on, or vary the conditions of, a 10
licence or accreditation, or 11
(c) to refuse to vary a licence or accreditation, or 12
(d) to suspend or cancel a licence or accreditation, or 13
(e) to refuse to approve the surrender of a licence or 14
accreditation, or 15
(f) to impose a condition on the suspension, cancellation or 16
surrender of a licence or accreditation, or 17
(g) to call on or use any financial assurance. 18
(2) The appeal is to be by way of a new hearing and new evidence 19
can be given on the appeal. 20
(3) The decision of the District Court on the appeal is final and is to 21
be given effect to by the Authority. 22
Note. Rule 50.3 of the Uniform Civil Procedure Rules 2005 requires that 23
a summons commencing an appeal must be filed with the District Court 24
within 28 days after the date on which notice of the decision was given, 25
by or on behalf of the Authority, to the person who wishes to appeal. 26
36B Provision of false or misleading information 27
A person must not provide information that the person knows is 28
false or misleading in a material particular: 29
(a) to an authorised officer or the Authority in the exercise of 30
the authorised officer's or Authority's functions under this 31
Act, or 32
(b) to a person who is conducting a security check or identity 33
check under Part 2A, for the purposes of that check, or 34
(c) in the case of a person who is a responsible person in 35
respect of regulated material, to a person who holds an 36
accreditation, for the purposes of that accredited person 37
Page 29
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
carrying out some activity in respect of the regulated 1
material. 2
Maximum penalty: 1,500 penalty units in the case of a 3
corporation or 250 penalty units in any other case. 4
[21] Section 38 Consultation and co-operation between Ministers 5
Omit section 38 (a). Insert instead: 6
(a) the Ministers administering the following Acts on matters 7
relating to safe work practices involving radiation: 8
(i) Coal Mine Health and Safety Act 2002, 9
(ii) Mining Act 1992, 10
(iii) Occupational Health and Safety Act 2000, 11
(iv) Offshore Minerals Act 1999, 12
(v) Petroleum (Onshore) Act 1991, and 13
[22] Section 38 (c) 14
Omit "Public Health Act 1902". Insert instead "Public Health Act 1991". 15
[23] Section 38A 16
Insert after section 38: 17
38A Exemptions by Authority in emergencies and other situations 18
(1) The Authority may exempt a person from compliance with all or 19
any specified provision of this Act or the regulations, in the 20
circumstances referred to in subsection (2). 21
(2) An exemption may be granted in: 22
(a) an emergency (such as an emergency clean-up following a 23
spill of a radioactive substance), or 24
(b) circumstances where: 25
(i) the Authority is satisfied that it is not practicable to 26
comply with the relevant provision, and 27
(ii) the Authority is satisfied that non-compliance with 28
the provision will not have any significant adverse 29
effect on human health, property or the 30
environment, and 31
(iii) if the exemption is for a period exceeding 60 days, 32
the Authority has sought and taken into 33
consideration the advice of the Council about the 34
proposed exemption. 35
Page 30
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(3) The regulations may prescribe the manner in which a person must 1
apply for an exemption under this section. 2
(4) An exemption: 3
(a) is effected by order made by the Authority and published 4
in the Gazette, and 5
(b) takes effect from the date the order is published or a later 6
date specified in the order, and 7
(c) has effect for the period specified in the order. 8
(5) In the case of an exemption granted in an emergency, the order 9
may take effect when it is made or on a later date specified in the 10
order. The order is to be published in the Gazette as soon as 11
practicable after it is made. 12
(6) An exemption may be unconditional or may be subject to 13
conditions specified in the order. 14
(7) An exemption may be revoked, varied or renewed by a further 15
order made and published in accordance with this section. 16
(8) An exemption may not be granted or renewed so as to have effect 17
for a total period exceeding 5 years. A further exemption granted 18
within 5 years after the expiry of an earlier exemption (being a 19
further exemption that is the same in substance as the earlier 20
exemption) is to be treated as a renewed exemption for the 21
purposes of this subsection. 22
(9) If an exemption is granted, any person may make a written 23
request to the Authority for the reasons for the exemption and the 24
Authority is to provide a written statement of the reasons to the 25
person. The regulations may make provision with respect to any 26
such statement of reasons, including: 27
(a) the time within which a request for reasons must be made 28
or within which the statement of reasons must be provided, 29
and 30
(b) the matters to be set out in a statement of reasons, and 31
(c) the cases in which a statement of reasons is not required to 32
be provided. 33
[24] Section 39A Personal liability 34
Insert at the end of section 39A (d): 35
or 36
(e) a natural person exercising functions under section 5A on 37
behalf of a public body, 38
Page 31
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[25] Section 39B Review of Act 1
Omit "Schedule 1 [36] to the Radiation Control Amendment Act 2002" from 2
section 39B (3). 3
Insert instead "Schedule 1 [25] to the Radiation Control Amendment Act 4
2010". 5
[26] Section 40 Regulations 6
Omit ", registration" from section 40 (3) (d). 7
[27] Section 40 (3A) 8
Insert after section 40 (3): 9
(3A) The regulations authorised by this section may also make 10
provision for or with respect to any matter relating to the security 11
of radioactive substances, radiation apparatus and sealed 12
radioactive sources. 13
[28] Section 40 (4) 14
Omit "100 penalty units". 15
Insert instead "400 penalty units in the case of an offence committed by a 16
corporation or 200 penalty units in any other case". 17
[29] Section 43 Repeal of Radioactive Substances Act 1957 No 5 etc 18
Omit the section. 19
[30] Schedule 1 Provisions relating to members and procedure of Council 20
Omit "Part 8 of the Public Sector Management Act 1988" from 21
clause 5 (1) (d). 22
Insert instead "Chapter 5 of the Public Sector Employment and Management 23
Act 2002". 24
[31] Schedule 1, clause 7 (1) 25
Omit "Part 2 of the Public Sector Management Act 1988". 26
Insert instead "Chapter 2 of the Public Sector Employment and Management 27
Act 2002". 28
[32] Schedule 2 Savings and transitional provisions 29
Insert at the end of clause 1 (1): 30
Radiation Control Amendment Act 2010 31
Page 32
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
[33] Schedule 2, Parts 24 1
Omit the Parts. 2
[34] Schedule 2, Part 6 3
Insert after Part 5: 4
Part 6 Provisions consequent on enactment of 5
Radiation Control Amendment Act 2010 6
7 Definition 7
In this Part: 8
amending Act means the Radiation Control Amendment Act 9
2010. 10
8 Existing licences and registrations 11
(1) On the substitution of Part 2 by the amending Act: 12
(a) each existing licence under section 6 in respect of 13
something to which that section applies (other than a 14
licence to use something) is taken to be a radiation 15
management licence in respect of that thing, and 16
(b) each existing licence under section 6 to use something to 17
which that section applies is taken to be a radiation user 18
licence in respect of that thing, and 19
(c) each person who is the owner of something registered 20
under section 7 is taken to be issued with a radiation 21
management licence in respect of that thing, and 22
(d) each person who is the occupier of premises registered 23
under section 8 in respect of a radioactive substance that is 24
kept or used at those premises, is taken to be issued with a 25
radiation management licence in respect of that substance. 26
(2) A licence that is taken to be a radiation management licence or 27
radiation user licence under this clause or a radiation 28
management licence that is taken to be issued under this clause: 29
(a) is subject to the same conditions to which the relevant 30
existing licence or registration was subject, but only to the 31
extent that those conditions are consistent with this Act 32
and the regulations, and 33
(b) remains in force, unless sooner cancelled or surrendered, 34
for the same period that the relevant existing licence or 35
registration would have remained in force, and 36
Page 33
Radiation Control Amendment Bill 2010
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(c) may be dealt with under, and is otherwise subject to, the 1
provisions of this Act and the regulations. 2
(3) If, because of the operation of this clause, a person has more than 3
one radiation management licence, the Authority may cancel 4
each of those licences and issue a single radiation management 5
licence (whether with or without variation to the terms of those 6
existing licences) in respect of all the matters to which those 7
licences related. 8
9 Existing accreditations 9
On the substitution of Part 2 by the amending Act each existing 10
accreditation under section 9 is taken to be an accreditation under 11
section 8 (1): 12
(a) subject to the same conditions to which the existing 13
accreditation was subject, but only to the extent that those 14
conditions are consistent with this Act and the regulations, 15
and 16
(b) remains in force, unless sooner cancelled or surrendered, 17
for the same period that the existing accreditation would 18
have remained in force, and 19
(c) may be dealt with under, and is otherwise subject to, the 20
provisions of this Act and the regulations. 21
10 Pending applications 22
On the substitution of Part 2 by the amending Act: 23
(a) each pending application for a licence under section 6 in 24
respect of something to which that section applies (other 25
than an application for a licence to use something) is taken 26
to be an application for a radiation management licence in 27
respect of that thing, and 28
(b) each pending application for a licence under section 6 to 29
use something to which that section applies is taken to be 30
an application for a radiation user licence in respect of that 31
thing, and 32
(c) each pending application for registration of something 33
under section 7 is taken to be an application for a radiation 34
management licence in respect of that thing, and 35
(d) each pending application for registration of premises under 36
section 8 in respect of a radioactive substance that is kept 37
or used at those premises, is taken to be an application for 38
a radiation management licence in respect of that 39
substance, and 40
Page 34
Radiation Control Amendment Bill 2010
Amendment of Radiation Control Act 1990 No 13 Schedule 1
(e) each pending application for accreditation under section 9 1
is taken to be an application for accreditation under 2
section 8 (1). 3
11 Public register of licences 4
Section 13C (3), as inserted by the amending Act, extends to a 5
licence or registration that was suspended, cancelled or 6
surrendered before the commencement of that subsection. 7
12 Notices and directions 8
(1) A notice served under section 18, or a direction given under 9
section 19, before the substitution of those sections by the 10
amending Act, are, after that substitution, taken to have been 11
served or given in the same terms under those sections as 12
substituted. 13
(2) Section 28 (2) does not apply to a notice or direction to which this 14
clause applies. 15
13 Penalty notices 16
Section 25A (10)(12), as inserted by the amending Act, do not 17
apply to a penalty notice issued before the commencement of 18
those subsections. 19
14 Evidentiary certificates 20
Section 36, as substituted by the amending Act, extends to 21
proceedings in respect of matters that occurred before that 22
substitution. 23
15 Appeals 24
(1) Section 14, as repealed by the amending Act, continues to apply 25
in respect of decisions made before that repeal. 26
(2) Section 18 (5), as repealed by the amending Act, continues to 27
apply in respect of a decision under section 18 made before that 28
repeal. 29
Page 35
[Index] [Search] [Download] [Related Items] [Help]