RADIATION SAFETY ACT 1999 - As at 15 November 2023 - Act 20 of 1999

Table of Provisions

• Long Title

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, protection and security principles

• 5 Guiding principles

Division 5 - Interpretation

• 6 Interpretation to promote radiation safety, protection and security 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 a radiation source without approval

PART 5 - DISPOSAL OF RADIOACTIVE MATERIAL AND RADIATION APPARATUS AND ABANDONING OF RADIATION SOURCES

• 26 Disposal of radioactive material
• 27 Notification of disposal of radiation apparatus
• 27A Person must not abandon radiation source

PART 6 - OTHER RADIATION SAFETY, PROTECTION AND SECURITY PROVISIONS

Division 1 - Radiation safety and protection plans

• 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 radiation safety and protection plan
• 30 Changing approved radiation safety and protection plan—chief executive’s initiative
• 31 Changing approved radiation safety and protection plan—application by possession licensee
• 32 Recording change of approved radiation safety and protection 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 1A - Security plans

• 34A What is a security plan
Subdivision 2 - Approval of, and amendment of approved, security plans
• 34B Approval of security plan
• 34C Changing approved security plan—chief executive’s initiative
• 34D Changing approved security plan—application by possession licensee
• 34E Recording change of approved security plan
Subdivision 3 - Obligations in relation to approved security plans
• 34F Obligations in relation to approved security plan—possession licensees
• 34G Obligations in relation to approved security plan—access of persons to security enhanced source

Division 1B - Transport security plans

• 34H What is a transport security plan
Subdivision 2 - Approval of, and amendment of approved, transport security plans
• 34I When a person must have a transport security plan
• 34J Application for approval of transport security plan
• 34K Inquiries into applications
• 34L Decision
• 34M Failure to decide applications
• 34N Changing approved transport security plan—chief executive’s initiative
• 34O Changing approved transport security plan—application by transport security plan holder
• 34P Recording change of approved transport security plan
Subdivision 3 - Obligations in relation to approved transport security plans
• 34Q Obligations in relation to approved transport security plan—transport security plan holder
• 34R Obligations in relation to approved transport security plan—access of persons to security enhanced source

Division 2 - 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 from radiation practice
• 42A Causing ionising radiation exposure from particular radioactive material

Division 6 - Additional obligations of possession licensees and other persons

• 43 Additional obligations of possession licensees
• 44 Additional obligation of persons carrying out radiation practices
• 44A Additional obligations of persons for security enhanced sources
• 44B Requirement to have a nominated person

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
• 50A No Act instruments for banned radiation sources

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

• 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

• 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

Division 10 - Security and criminal history checks for applicants for Act instruments

• 103A Persons for whom security and criminal history checks may be conducted
• 103B Criminal history check etc.
• 103C Security check
• 103D Commissioner of police must notify changes in criminal history
• 103E When chief executive must give a person details of information received about the person
• 103F Representations about information in notice
• 103G When chief executive may give information to possession licensee or transport security plan holder
• 103H Changes in criminal history
• 103I Requirements for disclosure of changes in criminal history
• 103J Failure to disclose changes in criminal history

Division 11 - Particular persons taken to hold use and transport licences

• 103K Regulation may prescribe persons who are taken to hold use or transport licence
• 103L Considerations before making a regulation

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

• 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

Division 1 - Internal review of decisions

• 182 Review 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 original decision

Division 2 - External review of decisions

• 188 Who may apply for external review
189. (Repealed) 190. (Repealed) 191. (Repealed) 192. (Repealed) 193. (Repealed) 194. (Repealed)

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 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 Liability of executive officer—particular offences committed by corporation
• 205A Executive officer may be taken to have committed offence
• 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 radioactive material and radiation apparatus
• 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 for Act No. 20 of 1999

• 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

Division 4 - Transitional provisions for Radiation Safety Amendment Act 2010

• 231 Definitions for div 4
• 232 Transitional provision relating to security plans for possession licensees
• 233 Transitional provision for use licensees
• 234 Transitional provision for transport licensees
• 235 Transitional provision for transport security plans

Division 5 - Transitional provision for Health and Other Legislation Amendment Act 2014

• 236 Transitional provision for records of Radiological Advisory Council

Division 6 - Transitional provision for Health and Other Legislation Amendment Act 2019

• 237 Expiry of particular existing licences
• SCHEDULE 1
• SCHEDULE 2