South Australian Consolidated Acts

RADIATION PROTECTION AND CONTROL ACT 1982 - SECT 42

42—Powers to deal with dangerous situations

        (1)         If the Minister considers that a dangerous or potentially dangerous situation exists involving actual or threatened exposure of a person to excessive radiation or contamination of a person or place by radioactive substances—

            (a)         the person responsible for the danger or potential danger or a person affected by it may be directed to take, or refrain from taking, specified action; or

            (b)         the radiation apparatus or radioactive substances giving rise to the danger or potential danger or anything contaminated or affected thereby may be seized, removed, disposed of, treated or otherwise dealt with; or

            (c)         any other direction may be given, or action taken,

to avoid, remove or alleviate the danger or potential danger.

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

        (3)         An authorised officer may exercise the powers conferred by subsection (1) without the prior approval of the Minister if the officer considers that the danger is imminent.

        (4)         Directions under subsection (1) may be given—

            (a)         by notice in the Gazette; or

            (b)         by instrument in writing served on the person to whom they are directed; or

            (c)         in the circumstances of imminent danger, orally.

        (5)         If a person—

            (a)         hinders or obstructs a person exercising a power, or complying with a direction, under this section; or

            (b)         contravenes, or fails to comply with, a direction given under this section,

that person is guilty of an offence.

Maximum penalty: $50 000 or imprisonment for 5 years, or both.

        (6)         Where—

            (a)         costs or expenses have been incurred by the Minister in taking action, or causing action to be taken, under this section; and

            (b)         the danger or potential danger in respect of which the action was taken resulted from an act done, or omission made, by a person in contravention of this Act,

the Minister may recover those costs or expenses from that person by order of the court made in proceedings for the recovery of a penalty in respect of the act or omission, or by separate action in a court of competent jurisdiction.