South Australian Consolidated Acts

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RADIATION PROTECTION AND CONTROL ACT 1982 - SECT 43

43—Regulations

        (1)         The Governor may make regulations for the control of activities related to radioactive substances and radiation apparatus and for protection against the harmful effects of radiation.

        (2)         The activities referred to in subsection (1) include (but are not limited to) the activities of or mining or milling, radioactive ore, or producing, manufacturing, supplying, keeping, conveying, using, disposing of or otherwise dealing with radioactive substances or radiation apparatus.

        (3)         Without limiting the generality of the foregoing, the regulations may—

            (a)         specify standards to be observed, practices and procedures to be followed and measures to be taken in relation to activities referred to in subsection (2);

            (b)         recommend practices and procedures that may be followed, and measures that may be taken, to further the achievement of the standards referred to in paragraph (a);

            (c)         regulate, restrict or prohibit any act or thing that is involved in or related to an activity referred to in subsection (2);

            (d)         make provision for or in relation to the granting, issuing or giving of a licence, permit, authority or approval and the terms or conditions to which it is subject;

            (e)         make provision for or in relation to the giving of directions for the purposes of the regulations;

            (f)         make provision for or in relation to the protection of the health and safety, and the training, examination and certification, of persons who engage or seek to engage in activities referred to in subsection (2);

            (g)         make provision for or in relation to the medical examination of persons exposed to radiation in the course of activities referred to in subsection (2);

            (h)         make provision for or in relation to the keeping of records, furnishing of information, and notification of accidents or other matters or events by persons carrying on activities referred to in subsection (2);

                  (i)         make provision for the monitoring of levels of radiation exposure of persons engaged in activities referred to in subsection (2) and the monitoring of the health of such persons during and after such employment;

            (j)         provide that contravention of, or failure to comply with, a provision of the regulations constitutes a summary offence or a minor indictable offence and fix maximum penalties for such offences not exceeding—

                  (i)         in the case of a minor indictable offence—$50 000 or imprisonment for 5 years or both; or

                  (ii)         in the case of a summary offence—$10 000;

            (k)         prescribe the manner and form in which applications are to be made for the purposes of this Act;

            (l)         prescribe fees for licences or registration or otherwise for the purposes of this Act, being fees which may vary according to prescribed factors;

            (m)         authorise the release of information obtained in the administration of this Act to any prescribed body.

        (4)         The regulations may—

            (a)         refer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a particular time or as in force from time to time; and

            (b)         be of general application or limited according to time, place or circumstances.

        (5)         If a code or standard is referred to or incorporated in the regulations, evidence of the contents of the code or standard may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.



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