South Australian Consolidated Acts

RADIATION PROTECTION AND CONTROL ACT 1982 - SECT 40

40—Surrender, suspension and cancellation of licences and registration

        (1)         The holder of a licence or certificate of registration may surrender the licence or certificate.

        (2)         The Minister may suspend or cancel a licence or registration if the Minister is satisfied—

            (a)         that the grant of the licence or registration was obtained improperly; or

            (b)         that the holder of the licence or certificate of registration has contravened, or failed to comply with, a condition of the licence or registration; or

            (c)         that the holder of the licence or certificate of registration has been convicted of an offence against this Act; or

            (d)         that, in the case of a licence, the holder of the licence has ceased to hold a qualification on the basis of which the Minister granted the licence.

        (2a)         The Minister must specify in every order for cancellation the time at which the order will take effect.

        (2b)         The Minister must specify in every order for suspension the time at which the suspension will take effect.

        (3)         A licence or registration—

            (a)         surrendered under this section ceases, from the time of surrender, to be of any force or effect; or

            (ab)         cancelled under this section ceases, from the time at which the order for cancellation takes effect, to be of any force or effect; or

            (b)         suspended under this section is of no force or effect for the period of the suspension.

        (4)         If a licence or registration has been suspended under this section, it may be renewed but remains subject to suspension until the expiration of the period of suspension.

        (4a)         If a registration is suspended, the Minister may give such directions in relation to—

            (a)         the use or occupation of the premises and the use, handling or storage of the unsealed radioactive substance; or

            (b)         the operation, use or storage of the sealed radioactive source or radiation apparatus,

during the period of the suspension as the Minister considers appropriate.

        (4b)         If a registration is cancelled, the Minister may—

            (a)         in the case of premises, give such directions as the Minister considers appropriate in relation to the use or occupation of the premises and the disposal of the unsealed radioactive substance; or

            (b)         in the case of a sealed radioactive source or radiation apparatus—

                  (i)         give such directions as the Minister considers appropriate in relation to the disposal of the source or apparatus; or

                  (ii)         by notice in writing forfeit the source or apparatus to the Crown.

        (4c)         If pursuant to subsection (4b)(b)(ii) the Minister forfeits a sealed radioactive source or radiation apparatus, the source or apparatus may be seized by an authorised officer and disposed of as the Minister directs.

        (4d)         The person in whose name any premises, sealed radioactive source or radiation apparatus was registered must not contravene, or fail to comply with, a direction given by the Minister pursuant to subsection (4a) or (4b).

Maximum penalty: $10 000.

        (5)         If the Minister suspends or cancels a licence or registration under this section, the Minister must advise the Committee of that fact.