RADIATION SAFETY ACT 1999

Queensland Consolidated Acts

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RADIATION SAFETY ACT 1999

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement

Division 2--Operation of Act

3. Act binds all persons

Division 3--Objects

4. Main object of Act and its achievement

Division 4--Radiation safety and protection principles

5. Guiding principles

Division 5--Interpretation

6. Interpretation to promote radiation safety and protection principles
7. Dictionary
8. When a possession licensee is taken to remain in possession of a radiation source
9. Meaning of use in relation to a radiation source or the carrying out of a radiation practice
10. Meaning of carry out in relation to a radiation practice
11. Meaning of radiation practice

Part 2--Licences

12. Requirement for possession licence
13. Requirement for use licence
14. Requirement for transport licence—transport by road
15. Requirement for transport licence—transport otherwise than by road

Part 3--Radiation safety standards and certificates of compliance

Division 1--Radiation safety standards

16. Making of radiation safety standards

Division 2--Obligations of possession licensees in relation to radiation safety standards

17. Obligations of possession licensees

Division 3--Certificates of compliance

18. When a possession licensee must obtain a certificate of compliance
19. Circumstances for giving certificate of compliance
20. Assessment report
21. Amendment of assessment report—all requirements complied with
22. Amendment of assessment report—some requirements complied with

Part 4--Acquisition, supply and relocation of radiation sources

23. Who may acquire a radiation source
24. Supply of radiation sources
25. Person must not relocate radiation source without approval

Part 5--Disposal of radioactive material and radiation apparatus

26. Disposal of radioactive material
27. Notification of disposal of radiation apparatus

Part 6--Other radiation safety and protection provisions

Division 1--Radiation safety and protection plans
Subdivision 1--Interpretation

28. What is a radiation safety and protection plan
Subdivision 2--Approval of, and amendment of approved, radiation safety and protection plans
29. Approval of plan
30. Changing plan—chief executive's initiative
31. Changing plan—application by possession licensee
32. Recording change of plan
Subdivision 3--Obligations in relation to approved radiation safety and protection plans
33. Obligations in relation to approved radiation safety and protection plan—possession licensees
34. Obligations in relation to approved radiation safety and protection plan—persons carrying out a radiation practice

Division 2--Radiation safety officers
Subdivision 1--Appointment of radiation safety officers

35. When radiation safety officers must be appointed
36. Who may be appointed
Subdivision 2--Functions of radiation safety officers
37. Functions

Division 3--Radiation monitoring

38. Radiation monitoring—possession and use licensees
39. Obligations about personal monitoring records—certain possession licensees
40. Other obligations in relation to personal monitoring records

Division 4--Diagnostic or therapeutic procedures involving the irradiation of persons

41. Diagnostic or therapeutic procedures

Division 5--Limitation on exposure of any person to radiation

42. Causing radiation exposure

Division 6--Additional obligations of possession licensees and persons carrying out radiation practices

43. Additional obligations of possession licensees
44. Additional obligation of persons carrying out radiation practices

Division 7--Mandatory reporting requirements

45. Notification of dangerous events
46. False or misleading notices

Division 8--Banned radiation sources and radiation practices

47. Banning of certain radiation sources
47A. Banning of certain radiation practices

Part 7--Act instruments

Division 1--Preliminary

48. What is an Act instrument
49. Who may apply for Act instruments
50. Act instrument issued jointly to more than 1 person

Division 2--Applications for, and issue of, Act instruments
Subdivision 1--Applications

51. Procedural requirements for applications
52. Different types of approval to acquire a radiation source
Subdivision 2--Criteria for applications
53. Criteria for applications—possession licences
54. Criteria for applications—use licences
55. Criteria for applications—transport licences
56. Criteria for applications—accreditation certificates
57. Criteria for applications—approvals to acquire
58. Criteria for applications—approvals to dispose
59. Criteria for applications—approvals to relocate
60. Criteria for applications—radiation safety officer certificates
Subdivision 3--Decision on applications
61. Inquiries into applications
62. Decision
63. Failure to decide applications
64. Further consideration of applications for licences
Subdivision 4--Information in Act instruments
65. Forms of Act instruments
66. Additional information for possession licences
67. Additional information for use licences
68. Additional information for transport licences
69. Additional information for accreditation certificates
70. Additional information for approvals to acquire
71. Additional information for approvals to dispose
72. Additional information for approvals to relocate
73. Additional information for radiation safety officer certificates
Subdivision 5--Terms of Act instruments
74. Terms
Subdivision 6--Conditions of Act instruments
75. Standard conditions for certain Act instruments
76. Imposition of conditions by chief executive
77. Contravention of condition

Division 3--Renewal of certain Act instruments

78. Application of div 3
79. Applications for renewal
80. Inquiries into applications
81. Renewable Act instrument taken to be in force while application is considered

Division 4--Provisions about suspension and cancellation of Act instruments
Subdivision 1--Suspension and cancellation of Act instruments

82. Grounds for suspension or cancellation
83. Show cause notice
84. Representations about show cause notices
85. Ending show cause process without further action
86. Suspension or cancellation
87. Return of cancelled Act instrument to chief executive
88. Immediate suspension of licence or accreditation certificate pending formal cancellation procedure
Subdivision 2--Effect of suspension or cancellation of possession licences on certain other Act instruments
89. Effect of suspension or cancellation of possession licences—approvals to acquire
90. Effect of suspension or cancellation of possession licences—approvals to relocate
Subdivision 3--Effect of suspension or cancellation of radiation safety officer certificates on radiation safety officer appointments
91. Effect of suspension or cancellation

Division 5--Change in circumstances of holders of certain Act instruments

92. Notification of change in circumstances
93. Endorsement of change on Act instrument

Division 6--Changing conditions of certain Act instruments

94. Application of div 6
95. Changing conditions of conditional Act instruments—chief executive acting on own initiative
96. Changing conditions of conditional Act instruments—application by holders
97. Recording change of conditions
98. Further consideration of applications under s 96

Division 7--Surrender of Act instruments

99. Surrender of Act instruments
100. Obligations on surrender of radiation safety officer certificates

Division 8--General provisions about Act instruments

101. Replacement of Act instruments
102. Transfer of Act instrument prohibited

Division 9--False or misleading statements by applicants

103. False or misleading statements

Part 8--Monitoring, investigation and enforcement

Division 1--Inspectors

104. Functions of inspectors
105. Powers of inspectors

Division 2--Appointment of inspectors and other matters

106. Appointments
107. Appointment conditions
108. Identity cards
109. Failure to return identity card
110. Production or display of inspector's identity card

Division 3--Powers of inspectors
Subdivision 1--Entry of places

111. Power to enter places
Subdivision 2--Procedure for entry
112. Consent to entry
113. Application for warrant
114. Issue of warrant
115. Special warrants
116. Warrants—procedure before entry
Subdivision 3--Powers after entry
117. General powers after entering places
118. Additional power after entering public place under s 111(1)(b)
119. Failure to comply with requirement not to enter or remain at a place
120. Failure to help inspector
121. Failure to give information
Subdivision 4--Restrictions on exercise of powers
122. Restrictions—places where persons are irradiated during a diagnostic or therapeutic procedure
123. Restrictions—inspection of health records
Subdivision 5--Vehicles
124. Stopping vehicle
Subdivision 6--Power to seize evidence and dangerous things
125. Seizing evidence at a place that may be entered without consent or warrant
126. Seizing evidence at a place that may only be entered with consent or warrant
127. Inspector's power to seize dangerous things
128. Waiver of requirement for possession licence or transport licence
129. Securing seized things
130. Tampering with seized things
131. Powers to support seizure
132. Receipts for seized things
133. Forfeiture of seized things
134. Forfeiture on conviction
135. When forfeited thing is a radiation source
136. Dealing with forfeited things etc.
137. Return of seized things
138. Access to seized things
Subdivision 7--Improvement and prohibition notices
139. Improvement notices
140. Prohibition notices
141. Orders to secure compliance with notices
Subdivision 8--Power to obtain information
142. Power to require name and address
143. Failure to give name or address
144. Power to require production of documents
145. Failure to produce document
146. Failure to certify copy of document
147. Power to require information
Subdivision 9--Emergency powers of inspectors
148. Emergency powers
149. Failure to comply with authorised person's direction in emergency

Division 4--General enforcement matters

150. Notice of damage
151. Compensation
152. False or misleading statements
153. False or misleading documents
154. Obstructing inspectors
155. Impersonation of inspectors

Division 5--State radiation analysts

156. Functions of State radiation analysts
157. Appointment of State radiation analysts
158. State radiation analyst's appointment conditions
159. Measurements, tests and analyses
160. Certificates must indicate methodology used

Part 9--Radiation Advisory Council

Division 1--Establishment and functions

161. Establishment of council
162. Functions of council

Division 2--Membership

163. Membership of council
164. Term of appointment for appointed members
165. Chairperson and deputy chairperson of council
166. Disqualification from membership
167. Vacation of office
168. When notice of resignation takes effect
169. Remuneration of members

Division 3--Council business

170. Conduct of business
171. Time and place of meetings
172. Quorum
173. Presiding at meetings
174. Conduct of meetings
175. Minutes
176. Disclosure of interests by council members

Division 4--Council committees

177. Committees
178. Remuneration of committee members

Division 5--Other provisions about the council

179. Administrative support for council
180. Giving information to council
181. Annual report

Part 10--Reviews and appeals

Division 1--Internal review of decisions

182. Appeal process starts with internal review
183. Application for review to be made to the chief executive
184. Applying for review
185. Referral of application for review to council for advice
186. Review decision
187. Stay of operation of decision

Division 2--Appeals

188. Who may appeal
189. Court to which appeal may be made
190. Starting appeals
191. Stay of operation of decisions
192. Hearing procedures
193. Powers of court on appeal
194. Appeals to Supreme Court only on questions of law

Part 11--Legal proceedings

Division 1--Evidence

195. Application of division
196. Appointments and authority
197. Signatures
198. Evidentiary aids

Division 2--Proceedings

199. Summary proceedings for offences
200. Recovery of costs of avoiding or minimising adverse health effects
201. Court may order payment of compensation etc.
202. Recovery of costs of investigation
203. Application for order for payment of costs or compensation under s 200, 201 or 202
204. Responsibility for acts or omissions of representatives
205. Executive officers must ensure corporation complies with Act
206. Allegations of false or misleading information or statements

Part 12--Register and information

Division 1--Register

207. Register to be kept
208. Inspection of register

Division 2--Information

209. Confidentiality of information

Part 13--Miscellaneous

210. Limited exemption for radiation source
211. Protecting officials from liability
212. Impersonation of accredited person
213. Delegation by chief executive
214. Approval of forms
215. Regulation-making power

Part 14--Repeal, saving and transitional provisions

Division 1--Repeal

216. Repeal of Radioactive Substances Act 1958

Division 2--Saving of certain regulation

217. Exemption from expiry of Radioactive Substances Regulation 1961

Division 3--Transitional provisions

218. Definitions for div 3
219. References to repealed Act
220. Existing licences
221. Existing applications for column 1 licences
222. Carrying out radiation practice—holder of deemed possession licence
223. Successful application by holder of deemed possession licence for new possession licence
224. Radiation safety officers
225. Existing exemptions
226. Appeals
227. Offences
228. Things seized
229. Suspended licences
230. Substances
SCHEDULE 1 -- DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
SCHEDULE 2 -- DICTIONARY
Endnotes

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