South Australian Consolidated Acts

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RADIATION PROTECTION AND CONTROL ACT 1982 - SECT 44

44—Exemptions by Minister

        (1)         Subject to the provisions of this section, the Minister may, by notice in the Gazette, exempt a person or class of persons from compliance with specified provisions of this Act.

        (2)         An exemption granted under this section has effect for a period, and is subject to conditions, specified by the Minister in the notice.

        (3)         The Minister must not grant an exemption from compliance with a provision of this Act unless the Minister is satisfied that, if the exemption were granted subject to appropriate conditions, the activity subject to the exemption would not endanger the health or safety of any person.

        (4)         The Minister may, by notice in the Gazette, vary or revoke a condition of an exemption or impose a further condition.

        (5)         The Minister may, after due inquiry and for good cause, by notice in the Gazette, revoke an exemption under this section.

        (6)         A person who has the benefit of an exemption under this section and who contravenes, or fails to comply with, a condition of the exemption is guilty of an offence.

Maximum penalty:

            (a)         if contravention of the provision in relation to which an exemption was granted is a minor indictable offence—$50 000 or imprisonment for 5 years, or both;

            (b)         in any other case—$10 000.



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