New South Wales Consolidated Acts

RADIATION CONTROL ACT 1990 - SECT 19

19 Powers to deal with dangerous situations

(1) If the Authority considers that a dangerous or potentially dangerous situation exists involving actual or threatened exposure of any person, animal or thing or the environment to an excessive level of radiation or contamination of any person or premises by a radioactive substance, the Authority may, to avoid, remove or alleviate the danger or potential danger:

(a) direct the person responsible for the danger or potential danger or any person affected by it to take, or refrain from taking any specified action, or

(b) direct that the radioactive substance or radiation apparatus giving rise to the danger or potential danger or anything contaminated or affected by it be seized, removed, disposed of, treated or otherwise dealt with, or

(c) give any other direction that the Authority considers appropriate, or

(d) take any action that the Authority considers necessary to alleviate the danger or potential danger (including any action that a person has been directed to take but has failed to take).

(2) Directions may be given or action taken under subsection (1) by the Authority or, with the prior approval of the Authority, by an authorised officer, member of the Police Force or other person appointed for the purpose by the Authority.

(3) A direction may be given:

(a) by notice published in the Gazette, or

(b) by instrument in writing served on the person to whom it is directed, or

(c) orally in circumstances of imminent danger, so long as, within 24 hours after it is given orally, notice of the direction is also given by instrument in writing served on the person concerned.

(4) A person must not:

(a) contravene a direction given under this section, or

(b) hinder or obstruct any person exercising any function, or complying with any direction, under this section.

Maximum penalty: 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.

(5) The exercise of the Authority’s functions under this section is subject to the State Emergency and Rescue Management Act 1989 .