RADIATION PROTECTION AND CONTROL ACT 2021 - SECT 98

RADIATION PROTECTION AND CONTROL ACT 2021 - SECT 98

98—Regulations and fees notices

        (1)         The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         control activities or operations related to radioactive materials, radiation sources and radiation apparatus (including, but not limited to, mining or mineral processing operations or any form of dealing with radioactive materials, radiation sources or radiation apparatus); and

            (b)         specify standards to be observed, practices and procedures to be followed and measures to be taken in relation to activities or operations referred to in paragraph (a); and

            (c)         regulate, restrict or prohibit any act or thing that is involved in or related to an activity or operation referred to in paragraph (a); and

            (d)         prescribe measures for the protection of people and the environment from the harmful effects of radiation; and

            (e)         make provision for or in relation to the granting, issuing or giving of an accreditation, authorisation, permit or approval and the conditions to which it is subject; and

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

            (g)         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 or operations referred to in paragraph (a); and

            (h)         make provision for or in relation to the medical examination of persons exposed to radiation in the course of activities or operations referred to in paragraph (a); and

                  (i)         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 or operations referred to in paragraph (a); and

            (j)         make provision for the monitoring of levels of radiation exposure of persons engaged in activities or operations referred to in paragraph (a) and the monitoring of the health of such persons during and after such employment; and

            (k)         make provision for or in relation to identity checks and security background checks; and

            (l)         authorise the release of information obtained in the administration of this Act to any prescribed body; and

            (m)         provide that contravention of 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—

                        (A)         in the case of a body corporate—$100 000;

                        (B)         in the case of a natural person—$20 000 or imprisonment for 5 years or both;

                  (ii)         in the case of a summary offence—

                        (A)         in the case of a body corporate—$50 000;

                        (B)         in the case of a natural person—$10 000; and

            (n)         prescribe expiation fees not exceeding—

                  (i)         in the case of a body corporate—$5 000;

                  (ii)         in the case of a natural person—$1 000,

for alleged offences against the regulations;

            (o)         regulate the payment, refund, waiver or reduction of fees prescribed by the Minister under subsection (6).

        (3)         Regulations under this Act may—

            (a)         make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act;

            (b)         include defences to offences against the regulations and evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.

        (4)         A provision referred to in subsection (3)(a) may, if the regulations so provide, take effect from the date of assent to this Act or a later day.

        (5)         To the extent to which a provision referred to in subsection (3)(a) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

            (a)         to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or

            (b)         to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.

        (6)         The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019 .

        (7)         The regulations may refer to or adopt, wholly or partially and with or without modification—

            (a)         a code, standard or other document relating to matters in respect of which regulations may be made under this Act; or

            (b)         an amendment to such a code, standard or other document.

        (8)         Any regulations that refer to or adopt a code, standard or other document, or an amendment to a code, standard or other document, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.

        (9)         The regulations or a code, standard or other document referred to or adopted by the regulations may—

            (a)         refer to or incorporate, wholly or partially and with or without modification, a standard, specification, guideline or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

            (b)         be of general or limited application; and

            (c)         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

            (d)         provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or a prescribed authority.

        (10)         If—

            (a)         a code, standard or other document is referred to or adopted by the regulations; or

            (b)         the regulations, or a code, standard or other document referred to or adopted by the regulations, refers to or incorporates a standard, specification, guideline or other document prepared or published by a prescribed body,

then—

            (c)         a copy of the code, standard, specification, guideline or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and

            (d)         in any legal proceedings, evidence of the contents of the code, standard, specification, guideline or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard, specification, guideline or other document.