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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RADIATION PROTECTION BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Objects of Act
4. Interpretation
5. Meaning of "radiation"
6. Meaning of "radiation source"
7. Act binds Crown
PART 2 DUTIES RELATING TO RADIATION SOURCES AND
DOSE LIMITS
8. Duty to ensure harm does not result from radiation source
9. Diagnostic or therapeutic procedures
10. Causing radiation exposure
11. Occupational exposure to radon-222
12. Notification of dangerous event
PART 3 REQUIREMENTS FOR RADIATION SOURCES AND
RADIATION PLACES
Division 1 Requirement to hold licence for radiation source
13. Dealings with radiation source prohibited without licence
[Bill 51]-X
Division 2 Requirement to register place where radiation source used or
stored
14. Requirement for certificate of registration for place where
radiation source used or stored
Division 3 Requirement to be accredited to test radiation source, &c.
15. Accreditation to test radiation source
16. Accreditation to issue certificate of compliance
Division 4 Testing, inspections and certificates of compliance for radiation
sources and radiation places
17. Issue of certificate of compliance
18. Result of test or inspection to be given to Director of Public
Health
Division 5 Banned radiation sources
19. Certain dealings with banned radiation source prohibited
PART 4 LICENSING, REGISTRATION AND ACCREDITATION
Division 1 Applications for, and issue of, authorities
20. Application
21. Determination of application
22. Issue of authority
23. Activities authorised by authority
24. Approval of radiation management plan
25. Duration
Division 2 Renewal of licences and certificates of accreditation
26. Renewal of licence or certificate of accreditation
27. Licence or certificate of accreditation continues until application
for renewal decided
Division 3 Amendment of authorities
28. Amendment of authority on initiative of Director of Public
Health
29. Amendment of authority on application by holder
30. Recording amendment of authority
2
Division 4 Suspension and cancellation of authorities
31. Grounds for suspending or cancelling authority
32. Show cause notice
33. Representations about show cause notices
34. Ending show cause process without further action
35. Suspension or cancellation
36. Return of suspended or cancelled authority
37. Immediate suspension of authority in urgent circumstances
Division 5 Miscellaneous provisions
38. Prohibition on abandoning radiation source
39. Procedure if radiation source abandoned
40. Surrender of authority
41. Replacement of authority
42. Failure to decide application
43. Contravention of condition
44. Transfer of authority prohibited
45. Holder of authority to give notice of prescribed change
PART 5 ADMINISTRATION
Division 1 Radiation Advisory Council
46. Establishment of Radiation Advisory Council
47. Constitution of Council
48. Function of Council
49. Powers of Council
50. Acting members of Council
Division 2 Director of Public Health
51. General functions and powers of Director of Public Health
52. Delegation by Director of Public Health
Division 3 Authorised officers
53. Appointment of authorised officers
54. Certificates of authorisation
3
55. Issuing certificates of compliance
Division 4 Other matters of administration
56. Guidelines
57. Codes of practice
58. Protection from liability
59. Confidentiality
PART 6 ENFORCEMENT
Division 1 Preliminary
60. Interpretation
61. When thing connected with an offence
Division 2 Inspection and seizure powers of authorised officers
62. Powers of authorised officers
63. Warrant to enter place
64. Emergency powers
65. Power to search person
66. Seizure of things
67. Retention of thing seized
68. Recovery of costs
Division 3 Other powers of authorised officers
69. Power to require name and address
70. Power to require information from certain persons
Division 4 General enforcement matters
71. False or misleading documents
72. False or misleading statements
73. Offences relating to authorised officer
PART 7 REVIEWS OF DECISIONS
74. Reviews of decisions
PART 8 LEGAL PROCEEDINGS
Division 1 Evidentiary provisions
75. Signatures
4
76. Evidentiary certificates
Division 2 Criminal liability
77. Conduct of representatives
78. Liability of executive officers of body corporate
79. Liability of partners in partnership
Division 3 Proceedings generally
80. Time for making complaint
81. Additional court orders
PART 9 MISCELLANEOUS PROVISIONS
82. Register
83. Annual report
84. Service of documents
85. Exemptions
86. Regulations
87. Transitional and savings provisions
88. Administration of Act
89. Consequential Amendments
90. Legislation repealed
91. Legislation rescinded
SCHEDULE 1 MEMBERSHIP OF COUNCIL
SCHEDULE 2 MEETINGS OF COUNCIL
SCHEDULE 3 TRANSITIONAL AND SAVINGS PROVISIONS
RELATING TO INITIAL MEMBERS OF COUNCIL AND
INITIAL AUTHORISED OFFICERS
SCHEDULE 4 GENERAL TRANSITIONAL AND SAVINGS
PROVISIONS
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
SCHEDULE 6 LEGISLATION REPEALED
SCHEDULE 7 LEGISLATION RESCINDED
5
6
RADIATION PROTECTION BILL 2005
(Brought in by the Minister for Health and Human Services,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act for the protection of people and the environment
from harmful radiation, to repeal the Radiation Control Act
1977, to consequentially amend the Approvals (Deadlines)
Act 1993, to consequentially rescind certain statutory rules
and for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Radiation
Protection Act 2005.
2. Commencement
This Act commences on a day to be proclaimed.
3. Objects of Act
The objects of this Act are to
[Bill 51] 7
s. 4 No. Radiation Protection 2005
(a) ensure the health and safety of people by
protecting them from the harmful effects
of radiation; and
(b) protect the environment from the harmful
effects of radiation.
4. Interpretation
In this Act, unless the contrary intention
appears
"amend" includes
(a) omit matter; and
(b) insert or add matter; and
(c) omit matter and substitute other
matter;
"approved form" means a form that
(a) is approved by the Director of
Public Health; or
(b) contains information approved by
the Director of Public Health;
"approved radiation management plan",
for a radiation practice, means
(a) a proposed radiation management
plan that
(i) accompanies an
application for a licence
to possess a radiation
source to carry out the
8
2005 Radiation Protection No. s. 4
radiation practice under
section 20(1)(b)(ii); and
(ii) is taken to have been
approved by the Director
of Public Health for the
radiation practice under
section 24; or
(b) that plan as amended or
substituted from time to time
under section 24;
"authorised officer" means a person
appointed as an authorised officer, or a
person authorised to perform the
functions and exercise the powers of an
authorised officer, under section 53;
"authority" means a licence, certificate of
registration or certificate of accreditation;
"carry out", in relation to a radiation practice,
means the actual performance of the
radiation practice by a natural person;
"certificate of accreditation" means a
certificate of accreditation issued under
section 22 that authorises the issue of
certificates of compliance;
"certificate of compliance", in relation to a
radiation source or radiation place, means
a certificate of compliance issued under
section 17 for the radiation source or
radiation place;
"certificate of registration" means a
certificate of registration that is issued
under section 22 for the registration of a
9
s. 4 No. Radiation Protection 2005
place where a radiation source is, or is to
be, used or stored;
"code of practice" means the whole or any
part of any code of practice, standard,
rule, specification or guidelines approved
under section 57;
"Council" means the Radiation Advisory
Council established under section 46;
"Director of Public Health" means the
person appointed as Director of Public
Health under section 6 of the Public
Health Act 1997;
"dispose of" includes bury, hire out, lease,
transfer the ownership or custody of and
transfer the responsibility for;
"dose", in relation to radiation, means the
measure of radiation received by a person
or thing;
"dose limit" means the maximum dose of
radiation a person may receive during a
particular period from all radiation
practices;
"enter", in relation to a place, includes to
board the place;
"environment" includes
(a) animals and organisms; and
(b) ecosystems and their constituent
parts; and
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2005 Radiation Protection No. s. 4
(c) all natural and physical resources;
and
(d) the qualities and characteristics of
locations, places and areas,
however large or small, that
contribute to their biological
diversity and integrity, intrinsic
or attributed scientific value or
interest, amenity, harmony and
sense of community; and
(e) the social, economic, aesthetic
and cultural conditions that
affect, or are affected by, things
mentioned in paragraphs (a), (b),
(c) and (d);
"executive officer", in relation to a body
corporate, means a person who is
concerned with, or takes part in, the
management of the body corporate,
whether or not
(a) the person is a director of the
body corporate; or
(b) the person's position is given the
name of executive officer; or
(c) the person is a constituent
member of a body corporate
incorporated for a public purpose
by a law of the Commonwealth
or a State or Territory;
"false or misleading" includes false or
misleading because of the omission of a
statement or information;
11
s. 4 No. Radiation Protection 2005
"ionising radiation" has the meaning given
by section 5(2);
"licence" means a licence issued under
section 22 authorising the holder to use,
manufacture, sell, acquire, possess, store,
transport, install, service, repair, dispose
of or otherwise deal with a radiation
source;
"non-ionising radiation" has the meaning
given by section 5(3);
"occupier", in relation to a place, means
(a) the person in occupation or
control of the place; or
(b) if the place has different parts
occupied or controlled by
different persons, the person in
occupation or control of the part
concerned;
"place" includes vacant land, premises and a
vehicle;
"possess", in relation to a radiation source,
includes having the radiation source
under control in any place, whether or
not another person has the custody of the
radiation source;
"premises" includes
(a) a building or structure; and
(b) land on which a building or
structure is situated; and
12
2005 Radiation Protection No. s. 4
(c) a part of any such building,
structure or land;
"public notice" means a notice published in
the Gazette and a daily newspaper
circulating generally in Tasmania;
"radiation" has the meaning given by
section 5(1);
"radiation apparatus" has the meaning
given by section 6(4);
"radiation place" means a place at which a
radiation source is, or is to be, stored or
used to carry out a radiation practice;
"radiation practice" means any activity,
including storage, relating to a radiation
source that may result, whether or not
intentionally, in exposing a person, the
environment or a thing to radiation;
"radiation protection measures" means
measures for preventing or minimising
the risks of harm to any person or the
environment arising from exposure to
radiation from the carrying out of a
radiation practice;
"radiation source" has the meaning given by
section 6(1) and (2);
"radioactive material" has the meaning
given by section 6(3);
"regulations" means regulations made under
this Act;
13
s. 4 No. Radiation Protection 2005
"review notice", in relation to a decision of
the Director of Public Health, means a
written notice stating the following:
(a) the decision;
(b) that the person given the notice
may request, in writing, the
Director of Public Health to
provide him or her with a
statement of the reasons for the
decision;
(c) that the person given the notice
may apply for a review of the
decision to the Magistrates Court
(Administrative Appeals
Division) within 28 days after
receipt of the notice;
"sealed source" means
(a) radioactive material that is
permanently sealed in a capsule;
or
(b) radioactive material that is in a
solid form and that is bound
closely
in such a way that the sealing of the
capsule or binding of the material is
strong enough to prevent leakage of
radioactive material under the conditions
of use and wear for which the capsule or
binding is designed and for foreseeable
mishaps;
"sell" includes
14
2005 Radiation Protection No. s. 4
(a) auction, exchange or supply; and
(b) keep, expose, supply or receive
for sale; and
(c) send or deliver for sale; and
(d) dispose of by hire or lease; and
(e) cause or permit the doing of an
act mentioned in paragraph (a),
(b), (c) or (d); and
(f) offer or attempt to do an act
mentioned in paragraph (a), (b),
(c) or (d); and
(g) offer or attempt to sell; and
(h) cause or permit to be sold;
"show cause notice" means a notice given
under section 32;
"statutory authority" means an incorporated
or unincorporated body which is
established, constituted or continued by
or under an Act of Tasmania, another
State, a Territory or the Commonwealth
or under the royal prerogative, being a
body which, or of which the governing
authority, wholly or partly comprises a
person or person appointed by a
Governor, the Governor-General, a
Minister in the government of Tasmania,
another State, a Territory or the
Commonwealth or another statutory
authority;
15
s. 5 No. Radiation Protection 2005
"this Act" includes the regulations and codes
of practice;
"treated person" means a person in respect
of whom a radiation source is used to
carry out a diagnostic or therapeutic
procedure involving the irradiation of
that person;
"use", in relation to a radiation source,
includes
(a) use radiation emitted from the
radiation source; and
(b) if the radiation source is
radioactive material, administer
to, or inject or implant the
material into, a person, animal,
plant or thing; and
(c) cause the radiation source to emit
radiation;
"vehicle" means anything used for
transporting any thing or person by land,
water or air.
5. Meaning of "radiation"
(1) Radiation is ionising radiation or non-ionising
radiation.
(2) Ionising radiation is electromagnetic or
particulate radiation capable of producing ions
directly or indirectly, other than electromagnetic
radiation of a wavelength equal to or greater than
100 nanometres.
16
2005 Radiation Protection No. s. 6
(3) Non-ionising radiation is electromagnetic
radiation of a wavelength equal to or greater than
100 nanometres.
6. Meaning of "radiation source"
(1) A radiation source is a thing that emits or may
emit radiation.
(2) A radiation source can be radioactive material or
a radiation apparatus.
(3) Radioactive material is material that
spontaneously emits ionising radiation as a
consequence of nuclear transformations.
(4) A radiation apparatus is an apparatus that
(a) produces radiation when energised; or
(b) is, if assembled or repaired, capable of
producing radiation when energised.
7. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
17
s. 8 No. Radiation Protection 2005
PART 2 DUTIES RELATING TO RADIATION
SOURCES AND DOSE LIMITS
8. Duty to ensure harm does not result from radiation
source
A person who uses, manufactures, possesses,
sells, acquires, stores, transports, installs,
services, repairs, disposes of or otherwise deals
with a radiation source must take all reasonable
and practicable measures to ensure that
undertaking that activity does not result in harm
to the health or safety of persons or to the
environment caused by radiation emitted from
the radiation source.
Penalty: Fine not exceeding 10 000 penalty
units.
9. Diagnostic or therapeutic procedures
If a person uses a radiation source to carry out a
diagnostic or therapeutic procedure involving the
irradiation of a treated person, that person must
ensure
(a) that any person involved in carrying out
the procedure (including that person)
does not receive a dose of radiation that
would result in the person receiving
during a particular period doses of
radiation that, when added together, are
higher than the prescribed dose limit for
that period; and
18
2005 Radiation Protection No. s. 10
(b) that the treated person does not receive a
dose of radiation from the carrying out of
the procedure in an amount or a way that
does not comply with the request for the
diagnostic procedure or the prescription
for the therapeutic procedure.
Penalty: Fine not exceeding 1 000 penalty
units.
10. Causing radiation exposure
(1) A person who uses, manufactures, sells,
acquires, possesses, stores, transports, installs,
services, repairs, disposes of or otherwise deals
with a radiation source must not cause himself or
herself or another person to receive a dose of
radiation that would result in himself or herself
or the other person receiving during a particular
period doses of radiation that, when added
together, are higher than the prescribed dose
limit for that period.
Penalty: Fine not exceeding 1 000 penalty
units.
(2) Subsection (1) does not apply if the dose of
radiation is received
(a) as a treated person; or
(b) while involved in carrying out a
diagnostic or therapeutic procedure
involving the irradiation of a treated
person.
19
s. 11 No. Radiation Protection 2005
11. Occupational exposure to radon-222
(1) In this section
"person-in-charge of a workplace" means
(a) in relation to a workplace that is
premises, a person who is in
charge of the day-to-day
operation of the industry or
business which;
(i) is carried on at those
premises; or
(ii) involves visiting those
premises; or
(b) in relation to a workplace that is a
cave or place other than premises,
the person who is in charge of the
day-to-day operation of the
industry or business which
(i) is carried on at that cave
or place; or
(ii) involves visiting that cave
or business;
"workplace" means any premises, cave or
other place
(a) where a person is employed or
engaged in an industry or
business or which a person visits
as part of their employment or
engagement in an industry or
business; and
20
2005 Radiation Protection No. s. 12
(b) in which the person may be
exposed to radiation from radon-
222.
(2) A person-in-charge of a workplace must ensure
that a person working in or visiting that
workplace as part of their employment or
engagement in an industry or business does not
receive during a particular period doses of
radon-222 that, when added together, are higher
than the prescribed dose limit for that period.
Penalty: Fine not exceeding 1 000 penalty
units.
12. Notification of dangerous event
(1) In this section
"dangerous event" means one or more of the
following events:
(a) a radiation source is, or appears
to have been, lost or stolen;
(b) there is a radiation incident in
relation to a radiation source for
which there is no approved
radiation management plan for
the radiation practice being
carried out with the source at the
time or, if there is such an
approved radiation management
plan, that plan does not include a
remediation procedure;
(c) equipment that uses, measures or
controls radiation emitted from a
21
s. 12 No. Radiation Protection 2005
radiation source malfunctions
with the result or likely result
that
(i) there is or will be an
unintended emission of
the radiation; or
(ii) a person is or will be
unintentionally exposed to
the radiation;
"radiation incident" means an incident
adversely affecting, or likely to adversely
affect, the environment or the health or
safety of any person because of the
emission of radiation;
"remediation procedure", for a radiation
incident, means a procedure designed to
minimise the radiation hazard arising
from the incident.
(2) Immediately following the occurrence of a
dangerous event, the person possessing the
radiation source must give the Director of Public
Health an oral or written notice of that event that
contains sufficient particulars to identify the
radiation source and, if known, the location of
the radiation source.
Penalty: Fine not exceeding 500 penalty units.
(3) If the notice under subsection (2) is given orally,
the person who gave the notice must give the
Director of Public Health a written notice
confirming the oral notice within 7 days after the
occurrence of the dangerous event.
Penalty: Fine not exceeding 500 penalty units.
22
2005 Radiation Protection No. s. 13
PART 3 REQUIREMENTS FOR RADIATION
SOURCES AND RADIATION PLACES
Division 1 Requirement to hold licence for radiation source
13. Dealings with radiation source prohibited without
licence
(1) A person must not use, manufacture, sell,
acquire, possess, store, transport, install, service,
repair, dispose of or otherwise deal with a
radiation source other than in accordance with a
licence.
Penalty: Fine not exceeding 5 000 penalty
units.
(2) For the purposes of subsection (1), a person is
not in possession of a radiation source merely
because, as part of a diagnostic or therapeutic
procedure
(a) the person, or an animal kept by the
person, has been injected with
radioactive material; or
(b) radioactive material has been otherwise
administered to or implanted in the
person or animal.
23
s. 14 No. Radiation Protection 2005
Division 2 Requirement to register place where radiation
source used or stored
14. Requirement for certificate of registration for place
where radiation source used or stored
The occupier of a place where a radiation source
is usually or primarily used or stored must hold a
certificate of registration for the place.
Penalty: Fine not exceeding 5 000 penalty
units.
Division 3 Requirement to be accredited to test radiation
source, &c.
15. Accreditation to test radiation source
A person must not test a radiation source for the
purpose of determining whether a certificate of
compliance can be issued unless the person is the
holder of a certificate of accreditation
authorising the person to do so.
Penalty: Fine not exceeding 1 000 penalty
units.
16. Accreditation to issue certificate of compliance
(1) A person must not issue a certificate of
compliance for a radiation source of a particular
class unless
(a) the person
(i) is the holder of a certificate of
accreditation authorising the
24
2005 Radiation Protection No. s. 16
person to test radiation sources of
that particular class; and
(ii) is satisfied of the matters set out
in section 17(1)(a) or (b); or
(b) the person
(i) is authorised by a licence to
manufacture the source; and
(ii) is satisfied of the matters set out
in section 17(1)(a) or (b); and
(iii) issues the certificate of
compliance for the source as an
adjunct to its manufacture; or
(c) the person
(i) is authorised by a licence to sell
the source; and
(ii) on evidence from testing or
calculations, is satisfied of the
matters set out in section 17(1)(a)
or (b); and
(iii) is satisfied that the source has not
been used otherwise than for the
purpose of testing it.
Penalty: Fine not exceeding 1 000 penalty
units.
(2) A person must not issue a certificate of
compliance for a radiation place of a particular
class unless the person
(a) is the holder of a certificate of
accreditation authorising the person to
25
s. 17 No. Radiation Protection 2005
issue certificates of compliance in
relation to radiation places of that
particular class; and
(b) is satisfied of the matters set out in
section 17(2).
Penalty: Fine not exceeding 1 000 penalty
units.
Division 4 Testing, inspections and certificates of
compliance for radiation sources and radiation places
17. Issue of certificate of compliance
(1) The holder of a certificate of accreditation or a
person authorised by a licence to manufacture or
sell a radiation source is to be satisfied of the
following matters before issuing a certificate of
compliance for a radiation source used, or to be
used, to carry out a radiation practice:
(a) in the case of a sealed source, that
(i) the capsule sealing the source, or
the way in which the solid-form
source is bound, complies with
all applicable codes of practice
and any prescribed specifications;
and
(ii) any container or equipment
which allows the source to be
used also complies with all
applicable codes of practice and
any prescribed specifications;
26
2005 Radiation Protection No. s. 18
(b) in the case of a radiation apparatus, that
the apparatus complies with all
applicable codes of practice and any
prescribed specifications.
(2) The holder of a certificate of accreditation is to
be satisfied that a radiation place complies with
all applicable codes of practice and any
prescribed specifications before issuing a
certificate of compliance for that place.
(3) A certificate of compliance is to be in an
approved form.
18. Result of test or inspection to be given to Director of
Public Health
Within 30 days after receiving the result of a test
or inspection required under the conditions of an
authority, the holder of the authority must give
the Director of Public Health a copy of the
certificate of compliance or other result of the
test or inspection.
Penalty: Fine not exceeding 100 penalty units.
Division 5 Banned radiation sources
19. Certain dealings with banned radiation source
prohibited
(1) A person must not use, manufacture, sell,
acquire, possess, store, transport, install, service,
repair, dispose of or otherwise deal with a
radiation source that is prescribed by the
regulations to be a banned radiation source.
27
s. 19 No. Radiation Protection 2005
Penalty: Fine not exceeding 10 000 penalty
units.
(2) Subsection (1) does not apply to the disposal of a
banned radiation source in accordance with this
Act or to the possession of a banned radiation
source for the purpose of such disposal.
28
2005 Radiation Protection No. s. 20
PART 4 LICENSING, REGISTRATION AND
ACCREDITATION
Division 1 Applications for, and issue of, authorities
20. Application
(1) An application for an authority is to be
(a) made to the Director of Public Health in
the approved form; and
(b) accompanied by the following
documents:
(i) for an application for a licence to
use a radiation source, a current
certificate of compliance for the
radiation source to which the
authority is to relate unless the
Director of Public Health has
previously sighted the certificate;
(ii) for an application for a licence to
possess a radiation source to
carry out a radiation practice, the
proposed radiation management
plan for the radiation practice;
(iii) for an application for a certificate
of registration, a current
certificate of compliance for the
radiation place to which the
authority is to relate unless the
Director of Public Health has
previously sighted the certificate
of compliance; and
29
s. 21 No. Radiation Protection 2005
(c) accompanied by the documents and
information stated in the approved form;
and
(d) accompanied by any prescribed fee.
(2) The application must also satisfy the Director of
Public Health that the applicant and each person
referred to in section 21(2)(b) and (c) know and
accept that the Director of Public Health may
obtain a report from the Commissioner of Police
or a government department, statutory authority
or agency referred to in section 21(3)(c).
(3) The Director of Public Health, by written notice,
may require the applicant to give to the Director
of Public Health further documents or
information within the period specified in the
notice.
(4) The Director of Public Health, by written notice,
may require the applicant and any person
referred to in section 21(2)(c) to take an
examination, or otherwise satisfy the Director of
Public Health of his or her knowledge and skills,
within the period and as specified in the notice.
21. Determination of application
(1) The Director of Public Health may grant or
refuse to grant an application for an authority.
(2) The Director of Public Health may grant the
application only if
(a) the Director of Public Health is satisfied
that the applicant is a fit and proper
30
2005 Radiation Protection No. s. 21
person to hold the authority having
regard to any prescribed criteria; and
(b) in the case of an application by a body
corporate or a partnership, the Director of
Public Health is satisfied that each
director or other person concerned with
the management of the body corporate or
each partner in the partnership is a fit and
proper person having regard to any
prescribed criteria; and
(c) the Director of Public Health is satisfied
that each person specified in the
application as likely to be dealing with a
radiation source is a fit and proper person
to be dealing with the radiation source
having regard to any prescribed criteria;
and
(d) in the case of an application for a licence
to use a radiation source, a current
certificate of compliance is provided for
the radiation source to which the
authority is to relate or has been sighted
previously by the Director of Public
Health; and
(e) in the case of an application for a licence
to possess a radiation source to carry out
a radiation practice, the Director of
Public Health is satisfied that the
proposed radiation management plan for
the radiation practice contains the
prescribed information and complies
with the prescribed requirements; and
(f) in the case of an application for a
certificate of registration, a current
31
s. 21 No. Radiation Protection 2005
certificate of compliance is provided for
the radiation place to which the authority
is to relate or has been sighted previously
by the Director of Public Health; and
(g) the Director of Public Health is satisfied
of any prescribed matter; and
(h) the Director of Public Health is satisfied
that, after having regard to any other
matter he or she considers relevant, it is
proper to grant the application.
(3) Before determining an application for an
authority, the Director of Public Health may
(a) request advice from the Council on the
application; and
(b) request a report on any matter concerning
the application from the Commissioner
of Police; and
(c) request a report on any matter concerning
the application from
(i) any government department,
statutory authority or other
agency of Tasmania, another
State, a Territory or the
Commonwealth; and
(ii) any prescribed person; and
(d) require the applicant, by written notice,
to allow an authorised officer to inspect
(i) any premises where the radiation
source is to be used,
manufactured, sold, acquired,
32
2005 Radiation Protection No. s. 21
stored, installed, serviced,
repaired, disposed of or otherwise
dealt with; and
(ii) any vehicle in which the radiation
source is to be transported; and
(iii) any equipment or other thing in
or on those premises or vehicle.
(4) For the purposes of requesting advice or a report
under subsection (3), the Director of Public
Health may provide the Council, Commissioner
of Police or department, organisation or statutory
authority with
(a) the names of the applicant and any
person specified in subsection (2)(b); and
(b) any information and documentation
relating to the application.
(5) In determining an application for an authority,
the Director of Public Health is to
(a) consider any advice given by the Council
in response to a request under
subsection (3)(a); and
(b) consider any report provided by the
Commissioner of Police under
subsection (6); and
(c) consider any report provided in response
to a request under subsection (3)(c); and
(d) have regard to applicable guidelines
issued under section 56.
33
s. 22 No. Radiation Protection 2005
(6) On receipt of a request under subsection (3)(b),
the Commissioner of Police must inquire into
and report to the Director of Public Health on
any matters concerning the application specified
in the request.
(7) If the Director of Public Health refuses to grant
an application, he or she is to give the applicant
a review notice in relation to that decision as
soon as practicable.
22. Issue of authority
(1) If the Director of Public Health grants an
application for an authority, he or she is to issue
the authority to the applicant.
(2) The Director of Public Health may issue the
authority subject to any conditions specified in
it.
(3) Without limiting subsection (2), conditions may
be imposed in respect of the following matters:
(a) compliance with a code of practice
applicable to the activities of the holder
of the authority under the authority;
(b) radiation monitoring to be carried out by
the holder of the authority;
(c) testing of the radiation source, or
inspection of the radiation place, to
which the authority relates;
(d) for an authority that is a licence to
possess a radiation source, radiation
protection measures to be taken by the
34
2005 Radiation Protection No. s. 23
holder of the authority under the
approved radiation management plan.
(4) If the Director of Public Health issues an
authority subject to conditions, he or she is to
give the applicant a review notice in relation to
the decision as soon as practicable.
(5) An authority takes effect on the day it is issued
or a later day specified in it.
23. Activities authorised by authority
(1) A licence to use, manufacture, sell, acquire,
possess, store, transport, install, service, repair,
dispose of or otherwise deal with a radiation
source authorises the holder to perform that
activity as specified, and subject to any
conditions specified, in the licence.
(2) A certificate of registration for a place authorises
the use of that place for the purposes of using or
storing in that place the radiation source, or
radiation sources of a class, specified in the
certificate subject to any conditions specified in
the certificate.
(3) A certificate of accreditation authorises the
holder
(a) to issue certificates of compliance for
radiation sources, or radiation places, of
a class specified in the certificate subject
to any conditions specified in the
certificate; and
(b) to do all things necessary for the
purposes of determining whether or not a
35
s. 24 No. Radiation Protection 2005
certificate of compliance should be
issued in respect of such a radiation
source or radiation place, including the
use, storage and transport of that source
or a source that is in that place.
24. Approval of radiation management plan
(1) If the Director of Public Health issues a licence
to possess a radiation source, the Director of
Public Health is taken to have approved the
radiation management plan that accompanied the
application for the licence.
(2) The holder of a licence to possess a radiation
source may apply to the Director of Public
Health to amend or substitute the approved
radiation management plan.
(3) An application must be
(a) in the approved form; and
(b) accompanied by the documents and
information stated in the approved form;
and
(c) accompanied by any prescribed fee.
(4) The Director of Public Health, by written notice,
may require the applicant to give the Director of
Public Health further documents or information
within the period stated in the notice.
(5) The Director of Public Health must
(a) grant the application; or
36
2005 Radiation Protection No. s. 24
(b) grant part of the application and refuse to
grant the remainder of the application; or
(c) refuse to grant the application.
(6) The Director of Public Health may only grant the
application or part of the application if he or she
is satisfied that the radiation management plan if
amended or substituted as proposed by the
application or part of the application would
contain the information, and comply with the
requirements, prescribed for the purposes of
section 21(2)(e).
(7) If the Director of Public Health grants an
application or part of an application
(a) the Director of Public Health is to give
the applicant notice of the decision as
soon as practicable; and
(b) the Director of Public Health is to amend
or substitute the approved radiation
management plan as proposed in the
application or part of the application; and
(c) if appropriate amend the licence held by
the application to reflect that amendment
or substitution.
(8) The amendment or substitution takes effect when
the notice referred to in subsection (7)(a) is
given to the applicant.
(9) If the Director of Public Health refuses to grant
the application or part of the application, the
Director of Public Health is to give the applicant
a review notice in relation to the decision as
soon as practicable.
37
s. 25 No. Radiation Protection 2005
(10) The power of the Director of Public Health to
amend an approved radiation management plan
and licence under subsection (7) includes the
power to insert matter, omit matter and omit
matter and substitute other matter.
25. Duration
(1) A licence remains in force for the period, not
exceeding one year, specified in it.
(2) A certificate of registration remains in force until
the radiation source used or stored at the
radiation place is no longer housed at that place.
(3) A certificate of accreditation remains in force for
the period, not exceeding 3 years, specified in it.
Division 2 Renewal of licences and certificates of
accreditation
26. Renewal of licence or certificate of accreditation
(1) A holder of a licence or certificate of
accreditation may apply for the renewal of the
licence or certificate of accreditation.
(2) Division 1 applies, with all necessary
modifications and adaptations, to an application
for the renewal of a licence or certificate of
accreditation.
38
2005 Radiation Protection No. s. 27
27. Licence or certificate of accreditation continues
until application for renewal decided
If an application for the renewal of a licence or
certificate of accreditation is made before the
term of the licence or certificate ends, the licence
or certificate continues in force until the
application is determined.
Division 3 Amendment of authorities
28. Amendment of authority on initiative of Director of
Public Health
(1) The Director of Public Health may amend an
authority, including the conditions specified in
the authority, if he or she is satisfied that it is
necessary to do so to protect persons or the
environment from the harmful effects of
radiation emitted from the radiation source to
which the authority relates.
(2) Before amending an authority, the Director of
Public Health is to
(a) give to the holder of the authority written
notice stating
(i) the particulars of the proposed
amendment; and
(ii) that the holder may make written
submissions to the Director of
Public Health about the proposed
amendment within the period of
not less than 21 days stated in the
notice; and
39
s. 29 No. Radiation Protection 2005
(b) have regard to written submissions made
to the Director of Public Health by the
holder within that period.
(3) If the Director of Public Health amends an
authority, the Director of Public Health is to give
the holder of the authority, as soon as
practicable, a review notice in relation to the
determination.
(4) An amendment of an authority takes effect when
the review notice is given to the holder.
(5) The power of the Director of Public Health to
amend an authority under subsection (1) includes
the power to
(a) insert matter, omit matter and omit
matter and substitute other matter; and
(b) omit or substitute some or all of the
conditions, add further conditions,
impose conditions where the authority
was not previously subject to any
conditions and insert matter in, omit
matter from and substitute matter in
conditions specified in the authority.
29. Amendment of authority on application by holder
(1) The holder of an authority may apply to the
Director of Public Health for the amendment of
the authority, including the conditions specified
in the authority.
(2) The application must be
(a) in the approved form; and
40
2005 Radiation Protection No. s. 29
(b) accompanied by the documents and
information stated in the approved form;
and
(c) accompanied by any prescribed fee.
(3) The Director of Public Health, by written notice,
may require the applicant to give the Director of
Public Health further documents or information
within the period stated in the notice.
(4) The Director of Public Health must
(a) grant the application; or
(b) grant part of the application and refuse to
grant the remainder of the application; or
(c) refuse to grant the application.
(5) The Director of Public Health may only grant the
application or part of the application if
(a) the Director of Public Health has had
regard to any criteria prescribed for the
purposes of section 21(2)(a) or (b) that he
or she considers relevant; and
(b) the Director of Public Health is satisfied
that the proposed amendment of the
authority would not, or would not be
likely to, result in a failure to protect
persons or the environment from the
harmful effects of radiation emitted from
the radiation source to which the
authority relates.
(6) Section 21(3), (4), (5) and (6) applies, with
necessary adaptations, in relation to the
41
s. 29 No. Radiation Protection 2005
determination of an application under this
section.
(7) If the Director of Public Health grants the
application or part of the application
(a) the Director of Public Health is to give
the holder notice of the decision as soon
as practicable; and
(b) the Director of Public Health is to amend
the authority as proposed in the
application or the part of the application.
(8) The amendment of the authority takes effect
when the notice referred to in subsection (7)(a) is
given to the holder.
(9) If the Director of Public Health refuses to grant
the application or part of an application, the
Director of Public Health is to give the applicant
a review notice in relation to the decision as
soon as practicable.
(10) The power of the Director of Public Health to
amend an authority under subsection (7)(b)
includes the power to
(a) insert matter, omit matter and omit
matter and substitute other matter; and
(b) omit or substitute some or all of the
conditions, add further conditions,
impose conditions where the authority
was not previously subject to any
conditions and insert matter in, omit
matter from and substitute matter in
conditions specified in the authority.
42
2005 Radiation Protection No. s. 30
30. Recording amendment of authority
(1) If the holder of an authority receives a review
notice under section 28(3) or a notice under
section 29(7), the holder must return the
authority or that portion of the authority, as
specified in that notice, to the Director of Public
Health within 14 days after receiving the notice
unless the holder has a reasonable excuse.
Penalty: Fine not exceeding 10 penalty units.
(2) On receiving the authority or portion of the
authority, the Director of Public Health is to
amend the authority or the portion to give effect
to the amendment of the authority and return the
authority or portion to the holder of the
authority.
(3) An amendment of an authority may be done by
(a) amending the authority or a portion of
the authority; or
(b) endorsing the amendment on the
authority or a portion of the authority; or
(c) issuing a replacement authority, or
replacement portion of the authority, that
incorporates the amendment.
Division 4 Suspension and cancellation of authorities
31. Grounds for suspending or cancelling authority
Each of the following is a ground for suspending
or cancelling an authority:
43
s. 31 No. Radiation Protection 2005
(a) the holder of the authority has not
complied with a condition of the
authority;
(b) the holder has been found guilty of an
offence against this Act or other
legislation relating to radiation;
(c) the holder has contravened a provision of
this Act, being a provision a
contravention of which is not an offence
against this Act;
(d) the authority was issued or renewed
because of a materially false or
misleading representation;
(e) the Director of Public Health becomes
aware of information that, if it had been
known by the Director of Public Health
when the application for the authority or
its renewal was granted, the Director of
Public Health would have refused the
application;
(f) if the authority is a licence or certificate
of registration, the Director of Public
Health considers it necessary to suspend
or cancel the licence or certificate to
protect persons or the environment from
the harmful effects of radiation emitted
from the radiation source to which the
authority relates;
(g) if the authority is a licence or a certificate
of accreditation, the Director of Public
Health considers that the holder is not, or
is no longer, a fit and proper person to
hold the authority.
44
2005 Radiation Protection No. s. 32
32. Show cause notice
(1) If the Director of Public Health believes a
ground exists to suspend or cancel an authority,
the Director of Public Health must give the
holder of the authority written notice stating the
following:
(a) the action that the Director of Public
Health proposes taking under this
Division;
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances
forming the basis for the grounds;
(d) if the proposed action is suspension of
the authority, the proposed suspension
period;
(e) an invitation to the holder to show cause,
within a period specified in the notice,
why the proposed action should not be
taken.
(2) For the purposes of subsection (1)(e), the period
specified in the notice must not be less than 28
days commencing on the day the notice is given
to the holder of the authority.
33. Representations about show cause notices
If the holder of an authority receives a show
cause notice, the holder may make written
representations to the Director of Public Health
in the period specified in that notice showing
45
s. 34 No. Radiation Protection 2005
cause why the authority should not be suspended
or cancelled.
34. Ending show cause process without further action
If, after considering all representations made
under section 33, the Director of Public Health
no longer believes a ground exists to suspend or
cancel the authority, the Director of Public
Health
(a) may not suspend or cancel the authority;
and
(b) is to give written notice to the holder of
the authority stating that the authority
will not be suspended or cancelled.
35. Suspension or cancellation
(1) If, after considering any representations made
under section 33, the Director of Public Health
believes that a ground exists to suspend or cancel
the authority and that a suspension or
cancellation of the authority is warranted, the
Director of Public Health may
(a) if the proposed action stated in the show
cause notice was to suspend the authority
for a period specified in that notice,
suspend the authority for not longer than
the stated period; or
(b) if the proposed action stated in the show
cause notice was to cancel the authority,
either cancel the authority or suspend it
for a period.
46
2005 Radiation Protection No. s. 36
(2) The Director of Public Health must give a
review notice in relation to the decision to
suspend or cancel the authority to the holder of
the authority as soon as practicable.
(3) The decision to suspend or cancel an authority
takes effect
(a) on the day the review notice is given to
the holder; or
(b) if a later day is specified in the review
notice, on the later day.
36. Return of suspended or cancelled authority
If the Director of Public Health has suspended or
cancelled an authority and has given a review
notice in relation to the decision to the holder of
the authority, the holder must return the
authority to the Director of Public Health within
14 days after receiving the review notice unless
the holder has a reasonable excuse.
Penalty: Fine not exceeding 10 penalty units.
37. Immediate suspension of authority in urgent
circumstances
(1) In this section, urgent circumstances exist if a
ground exists to suspend or cancel a licence,
certificate of registration or certificate of
accreditation and it is necessary, to protect
persons or the environment from the harmful
effects of radiation, to immediately suspend the
authority until the suspension or cancellation
47
s. 37 No. Radiation Protection 2005
procedure under sections 32, 33, 34 and 35 is
completed.
(2) If the Director of Public Health is satisfied that
urgent circumstances exist in respect of an
authority, he or she may immediately suspend
the authority.
(3) The Director of Public Health is to give a review
notice in relation to the decision to immediately
suspend an authority under subsection (2) to the
holder of the authority.
(4) A suspension under subsection (2) takes effect
when the review notice in relation to the decision
is given to the holder.
(5) If the Director of Public Health gives the holder
a show cause notice within 14 days after the
Director of Public Health suspends an authority
under subsection (2), the suspension remains in
force until the first of the following occurs:
(a) the Director of Public Health cancels the
suspension;
(b) a decision under section 35 to cancel or
suspend the authority takes effect;
(c) a decision under section 35 is made not
to cancel or suspend the authority.
(6) If a show cause notice is not given to the holder
of the authority within the period mentioned in
subsection (5), the suspension lapses at the end
of that period unless the Director of Public
Health has already cancelled the suspension.
48
2005 Radiation Protection No. s. 38
Division 5 Miscellaneous provisions
38. Prohibition on abandoning radiation source
A person must not abandon a radiation source.
Penalty: Fine not exceeding 5 000 penalty
units.
39. Procedure if radiation source abandoned
(1) If the Director of Public Health is of the opinion
that a radiation source has been abandoned
(a) an authorised officer may seize the
radiation source; or
(b) the Director of Public Health, if a person
agrees to it, may direct the person to
dispose of the radiation source.
(2) After seizing a radiation source under
subsection (1)(a), an authorised officer may do
any one or more of the following:
(a) keep possession of the source for such
time as is necessary for the institution
and final determination of legal
proceedings relating to the abandonment;
(b) destroy the source;
(c) otherwise render the source harmless and
dispose of it;
(d) dispose of the source.
(3) If a person is directed under subsection (1)(b) to
dispose of the radiation source, that person
49
s. 39 No. Radiation Protection 2005
(a) may dispose of it in a manner approved
by the Director of Public Health or may
render it harmless and then dispose of it;
and
(b) is taken to hold a licence in respect of the
radiation source authorising the person to
take the action specified in paragraph (a)
and to possess, store and transport the
radiation source for the purposes of
taking that action.
(4) The reasonable costs and expenses of a person
taking action under subsection (3) are to be paid
out of money provided by Parliament for the
purpose.
(5) The person who abandoned the radiation source
is liable for
(a) the reasonable costs and expenses
incurred by the Crown in seizing the
radiation source under subsection (1)(a)
and taking any action under
subsection (2); and
(b) the reimbursement of the Crown for any
amount paid to a person under
subsection (4).
(6) The Director of Public Health may recover the
costs and expenses or the amount of the
reimbursement specified in subsection (5) in a
court of competent jurisdiction as a debt due to
the Crown.
(7) In determining the costs and expenses incurred
by the Crown in the taking of action under
subsection (2), or by a person taking action
50
2005 Radiation Protection No. s. 40
under subsection (3), any proceeds earned from
the disposal of the radiation source are to be
taken into account.
40. Surrender of authority
(1) The holder of an authority may surrender the
authority by written notice given to the Director
of Public Health.
(2) The surrender takes effect
(a) on the day the notice is given to the
Director of Public Health; or
(b) if a later day is specified in the notice, on
the later day.
(3) The holder must return the authority to the
Director of Public Health within 14 days after
the day the surrender takes effect unless the
holder has a reasonable excuse.
Penalty: Fine not exceeding 10 penalty units.
41. Replacement of authority
(1) The holder of an authority is to apply to the
Director of Public Health for a replacement of
the authority if it has been lost, stolen or
destroyed.
(2) The Director of Public Health may issue a
replacement authority, marked as such, on
payment of any prescribed fee.
51
s. 42 No. Radiation Protection 2005
42. Failure to decide application
The Director of Public Health is taken to have
decided to refuse to grant an application under
Division 1, 2 or 3 of this Part if he or she has
failed to determine the application
(a) within 90 days after its receipt; or
(b) in a case where the Director of Public
Health has given the applicant notice
requiring the provision of further
documents or information in the period
specified in the notice
(i) within 90 days after receiving the
further documents or information;
or
(ii) if the further documents or
information is not provided
within the period specified in that
notice, within 90 days after the
end of that period.
43. Contravention of condition
The holder of an authority must not contravene a
condition of the authority.
Penalty: Fine not exceeding 500 penalty units.
44. Transfer of authority prohibited
An authority may not be transferred.
52
2005 Radiation Protection No. s. 45
45. Holder of authority to give notice of prescribed
change
Within 14 days after a prescribed change in
circumstances happens for an authority, the
holder of the authority must give written notice
to the Director of Public Health of the change.
Penalty: Fine not exceeding 10 penalty units.
53
s. 46 No. Radiation Protection 2005
PART 5 ADMINISTRATION
Division 1 Radiation Advisory Council
46. Establishment of Radiation Advisory Council
The Radiation Advisory Council is established.
47. Constitution of Council
(1) The Council consists of not more than 9 persons
appointed by the Minister.
(2) The Council may appoint a member of the
Council as its chairperson.
(3) Schedule 1 has effect in respect of the
membership of the Council.
(4) Schedule 2 has effect in respect of meetings of
the Council.
48. Function of Council
The Council's function is to advise the Director
of Public Health and the Minister on
(a) radiation protection and nuclear safety
matters; and
(b) matters relating to the administration of
this Act, including
(i) applications for authorities
referred to it by the Director of
Public Health; and
54
2005 Radiation Protection No. s. 49
(ii) the issue of guidelines under
section 56; and
(iii) codes of practice.
49. Powers of Council
The Council has power to do all things necessary
or convenient to be done in connection with the
performance of its function.
50. Acting members of Council
(1) For the purposes of this section, a member of the
Council is absent if he or she
(a) is absent from duty; or
(b) is otherwise unable to perform the
functions of the office of member.
(2) The Minister may appoint a person to act as a
member of the Council during all absences, or a
particular absence, of a member of the Council.
(3) The appointment of a person to act as a member
of the Council during the absence of the
chairperson is not an appointment to act in the
position of chairperson.
(4) While a person appointed to act as a member of
the Council is so acting as a member that person
is taken to be a member of the Council.
55
s. 51 No. Radiation Protection 2005
Division 2 Director of Public Health
51. General functions and powers of Director of Public
Health
(1) The functions of the Director of Public Health
are as follows:
(a) to ensure that the provisions of this Act
are complied with;
(b) to advise the Minister on any changes to
this Act that may be necessary or
appropriate;
(c) to carry out any other function for the
purposes of this Act as the Minister
determines.
(2) The Director of Public Health has power to do
all things necessary or convenient to be done in
connection with the performance of his or her
functions under this Act.
(3) The Minister may give the Director of Public
Health directions in respect of any power or
function of the Director of Public Health under
this Act and the Director of Public Health is to
comply with those directions.
52. Delegation by Director of Public Health
The Director of Public Health may delegate to
any person, class of persons or State Service
Agency any of his or her functions or powers
under this Act, other than this power of
delegation.
56
2005 Radiation Protection No. s. 53
Division 3 Authorised officers
53. Appointment of authorised officers
(1) The Director of Public Health may appoint a
State Service officer or State Service employee
employed in the Department to be an authorised
officer for the purposes of this Act, and that
officer or employee may hold that office in
conjunction with State Service employment.
(2) The Director of Public Health, with the consent
of a Head of a State Service Agency other than
the Department, may appoint a State Service
officer or State Service employee employed in
that Agency to be an authorised officer for the
purposes of this Act, and that officer or
employee may hold that office in conjunction
with State Service employment.
(3) The Director of Public Health may authorise a
person who is not a State Service officer or State
Service employee to perform the functions and
exercise the powers of an authorised officer for
the purposes of this Act.
54. Certificates of authorisation
(1) The Director of Public Health is to provide each
authorised officer with a certificate of
authorisation.
(2) The certificate of authorisation may limit the
powers and functions that an authorised officer
may exercise and perform under this Act.
57
s. 55 No. Radiation Protection 2005
(3) An authorised officer, when exercising a power
or performing a function under this Act, is to
produce his or her certificate of authorisation if
requested to do so by any person.
55. Issuing certificates of compliance
(1) A certificate of authorisation under section 54
may authorise the authorised officer to issue
certificates of compliance for radiation sources,
or radiation places, of the class specified in the
authorisation.
(2) An authorised officer who holds an authorisation
that authorises him or her to issue certificates of
compliance for radiation sources, or radiation
places, of the class specified in the authorisation
is taken to hold a certificate of accreditation
(a) in respect of that class of radiation source
or radiation place; and
(b) which is subject to the condition that the
authorised officer may only issue a
certificate of compliance for a particular
radiation source or radiation place if the
Director of Public Health has given the
authorised officer a further written
authority to issue such a certificate for
that source or place.
(3) The Director of Public Health may give a further
written authority to an authorised officer to issue
a certificate of compliance in relation to a
particular radiation source or radiation place if
satisfied
58
2005 Radiation Protection No. s. 56
(a) that there is no person holding a
certificate of accreditation authorising
him or her to issue such a certificate of
compliance; or
(b) that
(i) special circumstances exist; and
(ii) although there is a person holding
a certificate of accreditation
authorising the issue of such a
certificate of compliance, there
would be a significant delay in
the issue of the certificate; and
(iii) the delay in issuing the certificate
would cause undue hardship to
any person or would pose a risk
of harm to the health and safety
of people or to the environment.
(4) The Director of Public Health may charge a fee,
determined by the Director of Public Health, for
the issue of a certificate of compliance by an
authorised officer.
Division 4 Other matters of administration
56. Guidelines
(1) The Director of Public Health may issue
guidelines in respect of administrative matters
for this Act.
(2) Without limiting subsection (1), guidelines may
be issued in respect of the following matters:
59
s. 56 No. Radiation Protection 2005
(a) the type of information to be included in
or to accompany an application for an
authority;
(b) the assessing of an application for an
authority.
(3) The guidelines may authorise any matter to be
from time to time determined, applied or
regulated by any person specified in the
guidelines.
(4) The guidelines may adopt, apply or incorporate,
either wholly or in part and with or without
modification, and either specifically or by
reference, any document, whether the document
is published or issued before or after the
guidelines take effect.
(5) The Director of Public Health may amend or
revoke any guidelines.
(6) The Director of Public Health is to notify, by
public notice
(a) the issue, amendment or revocation of
any guidelines; and
(b) the subject matter of the guidelines; and
(c) the place where copies of issued
guidelines may be obtained.
(7) The guidelines
(a) are not a statutory rule for the purposes
of the Rules Publication Act 1953; and
(b) may not be declared under the
Subordinate Legislation Act 1992 to be
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2005 Radiation Protection No. s. 57
subordinate legislation for the purposes
of that Act.
(8) The Acts Interpretation Act 1931 applies to the
interpretation of the guidelines as if the
guidelines were by-laws.
57. Codes of practice
(1) The Director of Public Health, by public notice,
may approve as a code of practice the whole or
part of any code of practice, standard, rule,
specification or guidelines, with or without
modification, that is issued, prescribed, made or
published by any person that relates to any of the
following matters:
(a) the use, manufacture, sale, acquisition,
possession, storage, transport,
installation, servicing, repairing or
disposal of, or other dealing with, a
radiation source;
(b) standards of compliance for
(i) a radiation source for carrying out
a radiation practice; or
(ii) a radiation place.
(2) The public notice must state where copies of the
code of practice, standard, rule, specification or
guidelines may be inspected during normal
business hours.
(3) The Director of Public Health is to ensure copies
of the code of practice, standard, rule,
specification or guidelines are available for
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inspection, free of charge, at the place stated in
the notice during normal business hours.
(4) A contravention of a code of practice, standard,
rule or specification does not of itself constitute
an offence against this Act.
(5) A public notice under subsection (1)
(a) is not a statutory rule for the purposes of
the Rules Publication Act 1953; and
(b) may not be declared under the
Subordinate Legislation Act 1992 to be
subordinate legislation for the purposes
of that Act.
58. Protection from liability
The Crown, the Director of Public Health, an
authorised officer, a member of the Council or
another person engaged in the administration of
this Act does not incur any liability in respect of
any act done or omitted in good faith in the
performance or exercise, or the purported
performance or exercise, of any function or
power or in the administration or execution, or
purported administration or execution, of this
Act.
59. Confidentiality
(1) In this section
"information" includes a document;
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2005 Radiation Protection No. s. 59
"person involved in the administration of
this Act" means
(a) the Director of Public Health; or
(b) an authorised officer; or
(c) a person assisting an authorised
officer under Part 6; or
(d) a member of the Council; or
(e) another person involved in the
administration this Act.
(2) A person involved in the administration of this
Act must not directly or indirectly disclose any
information acquired because of that
involvement in the administration of this Act if
(a) the disclosure of the information would
be likely to damage the commercial
activities, or adversely affect the
intellectual property rights, of the person
to whom the information relates; or
(b) the information is about a person's health
and identifies, or is likely to allow
another person to identify, that person.
Penalty: Fine not exceeding 500 penalty units.
(3) Subsection (2) does not apply
(a) to the disclosure of information by a
person involved in the administration of
this Act in, or for the purposes of, the
performance of his or her functions under
this Act; or
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(b) if the person involved in the
administration of this Act is authorised or
required by law to disclose the
information; or
(c) if the person to whom the information
relates consents in writing to the
disclosure; or
(d) if the disclosure is made to the person to
whom the information relates; or
(e) if the information is otherwise publicly
available; or
(f) if the information is disclosed to a person
who is responsible under the laws of
another jurisdiction for the licensing or
other authorisation of a radiation source,
a dealing with a radiation source, a place
where a radiation source is used or
stored, the testing of a radiation source or
the issue of a certificate that has
substantially the same effect as a
certificate of compliance; or
(g) if the information is disclosed to a
prescribed person, or a person of a
prescribed class, for a prescribed
purpose.
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2005 Radiation Protection No. s. 60
PART 6 ENFORCEMENT
Division 1 Preliminary
60. Interpretation
In this Part
"occupier", in relation to a place, includes a
person who reasonably appears to be an
occupier of the place.
61. When thing connected with an offence
For the purposes of this Part, a thing is
connected with an offence if
(a) the offence has been committed in
relation to the thing; or
(b) the thing will afford evidence of the
commission of the offence; or
(c) the thing was used, is being used or is
intended to be used for the purpose of
committing the offence.
Division 2 Inspection and seizure powers of authorised
officers
62. Powers of authorised officers
(1) For the purposes of this Act, an authorised
officer, at any reasonable time, may do any one
or more of the following:
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(a) alone, or with such police officers or
other persons as the authorised officer
considers necessary, enter and inspect
any place that the authorised officer
reasonably believes is used in connection
with the manufacture, possession, sale,
acquisition, use, storage, transport,
service, repair or disposal of, or other
dealing with, a radiation source;
(b) alone, or with such police officers or
other persons as the authorised officer
considers necessary, enter and inspect
any place in which the authorised officer
reasonably believes that there are any
records or documents that relate to the
manufacture, possession, use, sale,
acquisition, storage, transport,
installation, servicing, repair or disposal
of, or other dealing with, a radiation
source.
(2) In any place lawfully entered, an authorised
officer may do any one or more of the following:
(a) inspect or examine that place or anything
found in or on that place;
(b) take measurements of, or conduct tests in
relation to, that place or anything found
in or on that place;
(c) take photographs, films or audio, video
or other recordings of that place or
anything found in or on that place;
(d) take and remove from that place samples
for analysis of anything found in or on
that place;
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2005 Radiation Protection No. s. 62
(e) subject to section 66, seize any thing
found in or on that place;
(f) if that place is a vehicle
(i) subject to section 66, seize the
vehicle; and
(ii) stop, move or not move the
vehicle; and
(iii) bring the vehicle to a place and
remain in control of the vehicle
until the authorised officer
permits the vehicle to depart;
(g) take copies of or extracts from
documents found in or on that place;
(h) require a person in or on that place to
(i) answer questions or provide
information; or
(ii) make available documents kept in
or on that place; or
(iii) give the authorised officer
reasonable assistance in the
exercise of his or her powers
under this section;
(i) direct a person apparently in charge of
any equipment found in or on that place
not to operate the equipment
(i) until the repairs specified in the
direction have been made; or
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(ii) until the equipment meets the
requirements specified in the
direction;
(j) direct the occupier of that place to do the
following until the period specified in the
direction or an extension of that period,
neither period exceeding 14 days, has
expired:
(i) to stop using a thing found in or
on that place and to store it in the
manner specified in the direction;
(ii) to use a thing found in or on that
place in the way specified in the
direction and in no other way;
(k) direct the occupier of that place not to
remove a thing found in or on that place
for the period, not exceeding 14 days,
specified in the direction;
(l) destroy or render harmless, or direct the
occupier of that place to destroy or
render harmless, a thing found in or on
that place that poses, or is likely to pose,
a threat of harm to the health or safety of
persons or to the environment;
(m) generally make such investigations and
inquiries as may be necessary to
ascertain whether an offence under this
Act is being or has been committed.
(3) After taking a sample under subsection (2)(d) or
seizing a thing or vehicle under subsection (2)(e)
or (f), the authorised officer is to give a receipt
for the sample, thing or vehicle to
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2005 Radiation Protection No. s. 62
(a) the occupier of the place from which the
sample, thing or vehicle was taken or
seized; or
(b) the person who the authorised officer
reasonably believes was in possession of
the sample, thing or vehicle immediately
before it was taken or seized.
(4) If an authorised officer makes or gives a
requirement or direction under subsection (2)
orally, the authorised officer, as soon as
practicable, is to confirm the requirement or
direction by written notice given to the person.
(5) When making a requirement or giving a
direction under subsection (2), the authorised
officer is to inform the person that it is an
offence not to comply with the requirement or
direction unless the person has a reasonable
excuse.
(6) A person, unless he or she has a reasonable
excuse, must comply with a requirement or
direction made or given to him or her under
subsection (2) regardless of whether or not the
authorised officer has complied with
subsection (4).
Penalty: Fine not exceeding 500 penalty units.
(7) This section does not authorise entry into any
part of premises that is being used solely for
residential purposes except
(a) with the consent of the occupier of the
premises; or
(b) under the authority of a warrant.
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(8) A person is not excused from a requirement
under this section to provide information or
answer questions, or to produce any record,
document or thing, on the ground that the
information, answer, record, document or thing
might incriminate the person or make the person
liable to a penalty.
(9) Any information or answer furnished, or record,
document or thing produced, by a natural person
in compliance with a requirement under this
section to provide information or answer
questions, or to produce a record, document or
thing, is not admissible in evidence against the
person in criminal proceedings other than for an
offence against subsection (6) or section 71 or
72.
63. Warrant to enter place
(1) An authorised officer may apply to a justice of
the peace, by information on oath, for a warrant
in respect of a place if the authorised officer
reasonably believes that an offence against this
Act is about to be, is being or has been
committed in or on the place.
(2) The magistrate may issue a warrant if satisfied
about the matters set out in the information.
(3) A warrant authorises the authorised officer
named in the warrant and any other person
assisting the authorised officer, using such force
as is reasonable
(a) to enter, remain in and inspect the place
specified in the warrant; and
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2005 Radiation Protection No. s. 64
(b) to exercise any powers the authorised
officer may exercise in or on, or in
respect of, any place lawfully entered
under this Part.
(4) The warrant must state
(a) the purpose for which it is issued; and
(b) the nature of the offence or contravention
for which the entry is authorised; and
(c) the hours during which entry to the place
is authorised or state that the entry is
authorised at any time of the day or
night; and
(d) the date, within 28 days after the
warrant's issue, on which the warrant
ceases to have effect.
(5) An authorised officer executing the warrant must
produce the warrant for inspection if asked by
the occupier of the place or another person in or
on the place.
64. Emergency powers
(1) Despite any other provision of this Act, an
authorised officer, without a warrant or the
consent of the occupier of a place, may enter the
place, including a residence, with such other
persons as the authorised officer considers
appropriate and using such force as is reasonable
in the circumstances if the Director of Public
Health reasonably suspects that
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(a) there is a radiation source in or on a
place; and
(b) it is necessary to exercise powers under
this Part
(i) to avoid or minimise an imminent
risk of death or serious illness of,
or serious injury to, any person
from radiation emitted from the
source; or
(ii) to avoid or minimise an imminent
risk of serious harm to the
environment from the source.
(2) An authorised officer or person assisting an
authorised officer who enters a place under
subsection (1) may
(a) enter, remain in and inspect the place;
and
(b) exercise any powers he or she may
exercise in or on, or in respect of, any
place lawfully entered under this Part.
65. Power to search person
(1) In this section, a reference to a search of a
person includes a reference to a search of the
clothes of the person and any article in the
possession of the person but does not include a
reference to a strip search of the person.
(2) If an authorised officer reasonably believes that
a person has in his or her possession a radiation
source, the officer may search that person
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2005 Radiation Protection No. s. 66
without warrant and with such assistance as the
officer considers appropriate.
(3) For the purposes of conducting a search under
subsection (2), the authorised officer may do one
or more of the following:
(a) detain the person;
(b) require the person to accompany the
officer to a place which the officer
considers appropriate for conducting the
search.
(4) On conducting a search under this section, the
authorised officer may seize a radiation source
found in the possession of the person.
66. Seizure of things
(1) An authorised officer may seize a thing or
vehicle under this Part only if the authorised
officer reasonably believes that the thing or
vehicle
(a) is connected with an offence against this
Act and the seizure is necessary to
prevent the thing or vehicle from being
(i) concealed, lost, damaged or
destroyed; or
(ii) used to commit the offence; or
(b) is connected with an offence against this
Act and the seizure is necessary to
conduct tests for adducing evidence for a
prosecution for the offence; or
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(c) poses a threat of harm to the health or
safety of persons or to the environment.
(2) After seizing a thing or vehicle under this Part,
an authorised officer may
(a) take, or direct another person to take, the
thing or vehicle to the place stated by the
authorised officer; or
(b) give such directions about the handling
and storage of the thing or vehicle as the
authorised officer considers appropriate.
(3) Without the written consent of the Director of
Public Health, a person must not
(a) interfere with or dispose of a thing or
vehicle seized under this Part; or
(b) remove a thing or vehicle seized under
this Part from the place in or on which it
was seized or to which it was taken by or
under the direction of the authorised
officer.
Penalty: Fine not exceeding 500 penalty units.
67. Retention of thing seized
(1) If a thing or vehicle is seized under this Part
because it is connected with an offence against
this Act
(a) the thing or vehicle is to be held by the
authorised officer for adducing evidence
for a prosecution for an offence against
this Act unless the Director of Public
Health authorises its release to its owner
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2005 Radiation Protection No. s. 67
or the person who had possession of it
immediately before its seizure; and
(b) if a prosecution for an offence against
this Act is started within 12 months after
the seizure and the defendant is found
guilty, the court may order that
(i) the thing or vehicle be forfeited
to the Crown; or
(ii) the defendant pay to the Crown
an amount equal to the market
value of the thing or vehicle
when seized, being the value
decided by the court; and
(c) the authorised officer is to release the
thing or vehicle to its owner or the
person who had possession of it
immediately before its seizure if
(i) a prosecution for an offence
against this Act is not started
within 12 months after the
seizure; or
(ii) on a prosecution being started
within that period, the defendant
is not found guilty or the court
does not make an order under
paragraph (b).
(2) If a thing or vehicle is seized under this Part
because it poses a threat of harm to the health or
safety of persons or to the environment
(a) the authorised officer is to destroy it,
otherwise render it harmless or dispose
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of it in accordance with the regulations;
and
(b) if it has been rendered harmless
otherwise than by destroying it, the
authorised officer is to release it to its
owner or the person who had possession
of it immediately before its seizure.
68. Recovery of costs
(1) If an authorised officer under this Part destroys,
renders harmless or disposes of a thing or
vehicle, the owner or the person who had
possession of the thing or vehicle immediately
before it was seized, destroyed, rendered
harmless or disposed of by the authorised
officer, as the case requires, is liable for the costs
and expenses reasonably incurred as a result of
an authorised officer taking that action.
(2) The Director of Public Health may recover the
costs and expenses specified in subsection (1) in
a court of competent jurisdiction as a debt due to
the Crown.
(3) The Crown is not liable in respect of any costs
and expenses incurred by a person in complying
with a direction given under this Part.
(4) If the Director of Public Health receives any
proceeds as a consequence of disposing of a
thing or vehicle as referred to in subsection (1),
those proceeds less the costs and expenses
reasonably incurred in disposing of that thing or
vehicle are to be paid to the owner or the person
who had possession of that thing or vehicle
immediately before it was seized or disposed of
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2005 Radiation Protection No. s. 69
by the authorised officer, as the Director of
Public Health determines appropriate.
Division 3 Other powers of authorised officers
69. Power to require name and address
(1) An authorised officer may require a person to
state his or her name and address if the
authorised officer
(a) finds the person committing an offence
against this Act; or
(b) finds the person in circumstances that
lead the authorised officer to reasonably
suspect that the person has just
committed an offence against this Act; or
(c) has information that leads the authorised
officer to reasonably suspect that the
person has just committed an offence
against this Act.
(2) When making the requirement under
subsection (1), the authorised officer must
inform the person that it is an offence not to
comply with the requirement.
(3) The authorised officer may require the person to
provide evidence of the correctness of his or her
name or address if the authorised officer
reasonably suspects the name or address given is
false.
(4) A person must comply with the requirement of
an authorised officer made under subsection (1)
or (3).
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Penalty: Fine not exceeding 10 penalty units.
70. Power to require information from certain persons
(1) If an authorised officer reasonably suspects
that
(a) an offence against this Act has been
committed; and
(b) a person may be able to give information
about the offence
the authorised officer may require the person to
give information about the suspected offence.
(2) When making the requirement, the authorised
officer must inform the person that it is an
offence to fail to give the information unless the
person has a reasonable excuse.
(3) The person must comply with the requirement
unless the person has a reasonable excuse.
Penalty: Fine not exceeding 500 penalty units.
(4) Without limiting what constitutes a reasonable
excuse for the person to fail to comply with the
requirement, it is a reasonable excuse if
complying with the requirement might
incriminate the person.
Division 4 General enforcement matters
71. False or misleading documents
(1) A person must not give the Director of Public
Health or an authorised officer a document
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2005 Radiation Protection No. s. 72
containing information that the person knows is
false or misleading in a material particular.
Penalty: Fine not exceeding 500 penalty units.
(2) Subsection (1) does not apply to a person who,
when giving the document to the Director of
Public Health or authorised officer
(a) tells the Director of Public Health or
authorised officer, to the best of the
person's ability, how the document is
false or misleading; and
(b) gives the correct information to the
authorised officer if the person has, or
can reasonably obtain, the correct
information.
(3) It is enough for a complaint against a person for
an offence against subsection (1) to state that the
document is, to the person's knowledge, false or
misleading in a material particular without
specifying whether the document is false or
whether it is misleading.
72. False or misleading statements
(1) A person must not
(a) state anything to the Director of Public
Health or an authorised officer that the
person knows is false or misleading in a
material particular; or
(b) omit from a statement made to the
Director of Public Health or an
authorised officer anything without
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which the statement is, to the person's
knowledge, misleading in a material
particular.
Penalty: Fine not exceeding 500 penalty units.
(2) It is enough for a complaint against a person for
an offence against subsection (1)(a) to state that
the statement is, to the person's knowledge, false
or misleading without specifying whether the
statement is false or whether it is misleading.
73. Offences relating to authorised officer
(1) A person must not, without reasonable excuse
(a) impede, obstruct or assault, or attempt to
impede, obstruct or assault an authorised
officer who is exercising any power
under this Act or a person assisting that
officer; or
(b) use threatening, abusive or insulting
language to such an officer or assistant;
or
(c) prevent, or attempt to prevent, a person
from answering questions, giving
information or providing documents to
such an officer or assistant; or
(d) impersonate an authorised officer.
Penalty: Fine not exceeding 500 penalty units.
(2) In subsection (1)
"obstruct" includes
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2005 Radiation Protection No. s. 73
(a) hinder; and
(b) resist; and
(c) attempt to obstruct.
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PART 7 REVIEWS OF DECISIONS
74. Reviews of decisions
A person who is given, or entitled to be given, a
review notice in relation to a decision of the
Director of Public Health may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of the decision and that
decision is a reviewable decision for the
purposes of the Magistrates Court
(Administrative Appeals Division) Act 2001.
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2005 Radiation Protection No. s. 75
PART 8 LEGAL PROCEEDINGS
Division 1 Evidentiary provisions
75. Signatures
For the purposes of this Act, a signature
purporting to be the signature of the Director of
Public Health or an authorised officer is
evidence of the signature it purports to be.
76. Evidentiary certificates
(1) In this section
"specified" means specified in the certificate
referred to in subsection (2).
(2) A certificate purporting to be signed by the
Director of Public Health stating any of the
following matters is evidence of the matter:
(a) that a specified person was the Director
of Public Health or an authorised officer
on a specified day;
(b) that a specified document is an authority
or notice issued or given under this Act;
(c) that on a specified day or during a
specified period a specified person was
or was not the holder of an authority;
(d) that on a specified day or during a
specified period an authority
(i) was or was not in force; or
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(ii) was or was not subject to a
condition;
(e) that on a specified day an authority was
suspended or cancelled;
(f) that on a specified day a specified person
was given a notice under this Act.
Division 2 Criminal liability
77. Conduct of representatives
(1) In this section
"engaging in conduct" includes failing or
refusing to engage in conduct;
"representative" means
(a) in the case of a body corporate,
an executive officer, employee or
agent of the body corporate; or
(b) in the case of a partnership, a
partner, employee or agent of the
partnership; or
(c) in the case of a natural person, an
employee or agent of the person;
"state of mind of a person" includes
(a) the knowledge, intention,
opinion, belief or purpose of the
person; and
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2005 Radiation Protection No. s. 78
(b) the person's reasons for the
intention, opinion, belief or
purpose.
(2) If in a proceeding for an offence against this Act
it is necessary to establish the state of mind of a
person in relation to particular conduct, it is
sufficient to show that
(a) the conduct was engaged in by a
representative of the person, within the
scope of the representative's actual or
apparent authority; and
(b) the representative had that state of mind.
(3) For a proceeding for an offence against this Act,
conduct engaged in on behalf of a person by a
representative within the scope of the
representative's actual or apparent authority is
taken to have been engaged in also by the
person.
78. Liability of executive officers of body corporate
(1) If a body corporate commits an offence against
this Act, each person concerned in the
management of the body corporate is taken to
have also committed the offence and may be
convicted of the offence unless the person
shows
(a) that the body corporate would not have
been found guilty of the offence because
it would have been able to establish a
defence; or
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(b) that the person could not reasonably be
expected to have known, and did not
know, that the act or omission
constituting the offence would take
place; or
(c) that the person used all due diligence to
prevent that act or omission by the body
corporate.
(2) A person referred to in subsection (1) may be
convicted of an offence against this Act whether
or not the body corporate is charged with or
convicted of the offence.
(3) If a person concerned in the management of the
body corporate (in this subsection called the
"offending person") commits an offence against
this Act in the course of the activities of the body
corporate, each other person concerned in the
management of the body corporate is taken to
have also committed the offence and may be
convicted of the offence unless that other person
shows
(a) that the offending person would not have
been found guilty of the offence because
he or she would have been able to
establish a defence; or
(b) that the other person could not
reasonably be expected to have known,
and did not know, that the act or
omission constituting the offence would
take place; or
(c) the other person used all due diligence to
prevent that act or omission by the
offending person.
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2005 Radiation Protection No. s. 79
79. Liability of partners in partnership
(1) If a partnership holding an authority commits an
offence against this Act, each partner in the
partnership is taken to have also committed the
offence and may be convicted of the offence
unless the partner shows
(a) that the partnership would not have been
found guilty of the offence because it
would have been able to establish a
defence; or
(b) that the partner could not reasonably be
expected to have known, and did not
know, that the act or omission
constituting the offence would take
place; or
(c) that the partner used all due diligence to
prevent that act or omission by the
partnership.
(2) A partner referred to in subsection (1) may be
convicted of an offence against this Act whether
or not the partnership is charged with or
convicted of the offence.
(3) If a person who is a partner in a partnership (in
this subsection called the "offending partner")
commits an offence against this Act in the course
of the activities of the partnership, each other
partner in the partnership is taken to have also
committed the offence and may be convicted of
the offence unless that other partner shows
(a) that the offending partner would not have
been found guilty of the offence because
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he or she would have been able to
establish a defence; or
(b) that the other partner could not
reasonably be expected to have known,
and did not know, that the act or
omission constituting the offence would
take place; or
(c) that the other partner used all due
diligence to prevent that act or omission
by the offending partner.
Division 3 Proceedings generally
80. Time for making complaint
A complaint for an offence against this Act may
be made within 12 months after the Director of
Public Health became aware of the commission
of the offence.
81. Additional court orders
(1) In this section
"prescribed offence" means an offence
against this Act that results in
(a) the loss of, or damage to, another
person's property or income; or
(b) harm to the health or safety of
persons or to the environment.
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(2) In addition to the penalty that may otherwise be
imposed for a prescribed offence, the court
may
(a) order the person found guilty of the
offence to pay to another person the
amount determined by the court as
compensation for one or more of the
following:
(i) the loss of, or damage to, the
other person's property or
income;
(ii) costs reasonably incurred by the
other person in taking action to
mitigate or prevent such loss or
damage;
(iii) costs reasonably incurred by the
other person in taking action to
prevent harm to his or her health
or safety or the health or safety of
persons supported financially by
him or her; or
(b) order the person found guilty of the
offence to pay to the Crown the amount
determined by the court to be the
reasonable costs and expenses incurred
by the Crown in taking action to remedy
or mitigate the harm to the health or
safety of persons or to the environment
or to prevent further harm to the health or
safety of persons or to the environment.
(3) In addition, the court may make any other order
the court considers necessary or convenient for
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the enforcement of an order under
subsection (2).
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2005 Radiation Protection No. s. 82
PART 9 MISCELLANEOUS PROVISIONS
82. Register
(1) The Director of Public Health is to keep a
register of authorities.
(2) The register may be in any form, including an
electronic form.
(3) The register is to contain the information
prescribed by the regulations.
(4) The Director of Public Health must not
(a) make available for inspection by any
person any entry in the register that does
not relate to that person; or
(b) otherwise publish the register or any part
of it.
(5) Subsection (4) does not apply to the inspection
or publication of
(a) the register; or
(b) an entry in the register; or
(c) any part of the register
by or to a prescribed person or a person of a
prescribed class.
83. Annual report
(1) As soon as practicable after the end of each
financial year and not later than 1 November, the
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Director of Public Health is to give the Minister
a written report on the operation of this Act
during that financial year.
(2) The report is to contain
(a) any information required by the Minister;
and
(b) any other information the Director of
Public Health considers appropriate.
(3) The Minister is to table a copy of the report in
each House of Parliament.
84. Service of documents
(1) A document that is required or permitted under
this Act to be given to a person is effectively
given if
(a) in the case of a natural person, it is
(i) given to the person; or
(ii) left at, or sent by post to, the
person's postal or residential
address or place or address of
business or employment last
known to the giver of the
document; or
(iii) faxed to the person's fax number;
or
(iv) emailed to the person's email
address; and
(b) in the case of any other person, it is
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2005 Radiation Protection No. s. 85
(i) left at, or sent by post to, the
person's principal or registered
office or principal place of
business; or
(ii) faxed to the person's fax number;
or
(iii) emailed to the person's email
address.
(2) A document is taken to be given to a person
(a) if it is given to the person, on the day it is
so given; or
(b) if it is left at an address, office or place
under subsection (1)(a)(ii) or
subsection (1)(b)(i), on the day it is so
left; or
(c) if it is sent by post under
subsection (1)(a)(ii) or
subsection (1)(b)(i), on the day the
document would have been delivered in
the ordinary course of post; or
(d) if it is faxed or emailed under
subsection (1)(a)(iii) or (iv) or
subsection (1)(b)(ii) or (iii), on the day it
is faxed or emailed.
85. Exemptions
(1) The regulations may exempt from the operation
of this Act, or a provision of this Act or the
regulations, any of the following or a class of
any of the following:
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(a) a person;
(b) a radiation source;
(c) a radioactive material or an amount of
radioactive material;
(d) a radiation apparatus;
(e) an activity or dealing with a radiation
source;
(f) a level of exposure to a radiation source.
(2) An exemption must not be one that could
reasonably be expected to pose any, or more
than a negligible, threat of harm to the health or
safety of persons or to the environment.
(3) The exemption may be given on conditions
stated in the regulation.
(4) A person must not contravene a condition of the
exemption.
Penalty: Fine not exceeding 50 penalty units.
86. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may be made in relation to one or
more of the following:
(a) the disposal of radiation sources;
(b) radiation protection measures;
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2005 Radiation Protection No. s. 86
(c) radiation monitoring required to be
carried out by persons;
(d) the safety and security of radiation
sources;
(e) the use, manufacture, sale, acquisition,
possession, storage, transport,
installation, service, repair or disposal of,
or other dealing with, a radiation source,
or a radiation source of a prescribed
class;
(f) all matters relating to certificates of
compliance including, in particular, their
term and renewal;
(g) all matters relating to the protection from
the harmful effects of radiation of
persons working in an industry or
business where they are exposed to
radiation that occurs naturally in the
environment;
(h) the records to be kept and returns to be
made by persons and the inspection of
the records;
(i) the fees payable, the waiver (wholly or
partly) of fees payable and the refund
(wholly or partly) of fees paid under this
Act.
(3) The regulations may provide for the review of a
decision made under the regulations and, for that
purpose, may confer jurisdiction on the
Magistrates Court (Administrative Appeals
Division).
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(4) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(5) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of such an offence, provide for
the imposition of a fine not exceeding
500 penalty units and, if it is a continuing
offence, a further fine not exceeding 100
penalty units for each day during which
the offence continues; and
(c) provide for the payment of a prescribed
amount, instead of a penalty that may
otherwise be imposed, for an offence
against this Act and for the service and
acceptance of an infringement notice in
respect of that offence.
(6) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by the Director of Public Health or
another person specified in the regulations.
(7) The regulations may adopt, either wholly or in
part and with or without modification, and either
specifically or by reference, any document,
whether the document is published or issued
before or after the commencement of this Act.
87. Transitional and savings provisions
(1) The transitional and savings provisions relating
to initial members of the Council and initial
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2005 Radiation Protection No. s. 88
authorised officers set out in Schedule 3 have
effect.
(2) The transitional and savings provisions set out in
Schedule 4 have effect.
88. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Health and Human
Services; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Health
and Human Services.
89. Consequential Amendments
The legislation specified in Schedule 5 is
amended as specified in that Schedule.
90. Legislation repealed
The legislation specified in Schedule 6 is
repealed.
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91. Legislation rescinded
The legislation specified in Schedule 7 is
rescinded.
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2005 Radiation Protection No. sch. 1
SCHEDULE 1 MEMBERSHIP OF COUNCIL
Section 47(3)
1. Interpretation
In this Schedule
"member" means a member of the Council.
2. Term of office
A member is appointed for such period, not
exceeding 3 years, as is specified in the
member's instrument of appointment and may be
reappointed.
3. Holding other office
The holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
4. State Service Act 2000
(1) The State Service Act 2000 does not apply in
relation to a member in his or her capacity as a
member.
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(2) A person may hold the office of a member in
conjunction with State Service employment.
5. Remuneration and conditions of appointment
(1) A member is entitled to be paid such
remuneration and allowances as the Minister
determines.
(2) A member who is a State Service employee or
State Service officer is not entitled to
remuneration or allowances under this clause
except with the approval of the Minister
administering the State Service Act 2000.
(3) A member holds office on such conditions in
relation to matters not provided for by this Act
as are specified in the member's instrument of
appointment.
6. Vacation of office
(1) A member vacates office if he or she
(a) dies; or
(b) resigns by written notice given to the
Director of Public Health; or
(c) is removed from office under
subclause (2) or (3).
(2) The Minister may remove a member from office
if the member
(a) is absent from 3 consecutive meetings of
the Council without its permission; or
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2005 Radiation Protection No. sch. 1
(b) becomes bankrupt, applies to take the
benefit of any law for the relief of
bankrupt or insolvent debtors,
compounds with the member's creditors
or makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) is convicted, in Tasmania or elsewhere,
of a crime or an offence punishable by
imprisonment for 12 months or longer or
a fine of 300 penalty units or more; or
(d) is convicted of an offence under this Act;
or
(e) fails to disclose a pecuniary interest as
required under clause 8 of Schedule 2; or
(f) has had an authority under this Act
suspended or cancelled.
(3) The Minister may remove a member from office
if satisfied that the member is unable to perform
adequately or competently the duties of office.
(4) A member must not be removed from office
otherwise than in accordance with this clause.
7. Validation of proceedings, &c.
(1) An act or proceeding of the Council or of a
person acting under any direction of the Council
is not invalidated by reason only that at the time
when the act or proceeding was done, taken or
commenced there was a vacancy in the office of
a member.
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(2) All acts and proceedings of the Council or of a
person acting under a direction of the Council
are, despite the subsequent discovery of a defect
in the appointment of a member or that any other
person was disqualified from acting as, or
incapable of being, a member, as valid as if the
member had been duly appointed and was
qualified to act as, or capable of being, a
member, and as if the Council had been fully
constituted.
8. Presumptions
In any proceeding involving the Council, unless
evidence is given to the contrary, proof is not
required of
(a) the constitution of the Council; or
(b) the appointment of any member.
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SCHEDULE 2 MEETINGS OF COUNCIL
Section 47(4)
1. Interpretation
In this Schedule
"member" means a member of the Council.
2. Convening of meetings
(1) The chairperson, after giving each member
reasonable notice of a meeting
(a) may convene a meeting at any time; and
(b) must convene a meeting when requested
to do so by 2 or more other members.
(2) If the chairperson is absent from duty or
otherwise unable to perform the duties of the
office, a meeting may be convened, after
reasonable notice of the meeting has been given,
by
(a) two or more other members; or
(b) a person authorised by the Council to do
so.
(3) For the purposes of subclauses (1) and (2), what
constitutes reasonable notice is to be determined
by the Council.
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3. Presiding at meetings
(1) The chairperson of the Council is to preside at
all meetings of the Council at which he or she is
present.
(2) If the chairperson is not present at a meeting of
the Council, a member elected by the members
present at the meeting is to preside.
4. Quorum and voting at meetings
(1) Five members constitute a quorum at a meeting
of the Council.
(2) A meeting of the Council at which a quorum is
present is competent to transact any business of
the Council.
(3) At a meeting of the Council
(a) the member presiding has a deliberative
vote only; and
(b) a question is decided by a majority of
votes of the members present and voting;
and
(c) if there is an equality of votes of the
members present and voting, the matter
stands adjourned until the next meeting.
(4) At a meeting of the Council where, under
clause 8, members are excluded from being
present and taking part in the consideration and
decision of the Council in relation to a matter, a
quorum for the purposes of considering and
making a decision in relation to that matter is
constituted by the number of members specified
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2005 Radiation Protection No. sch. 2
as constituting a quorum in subclause (1) less the
number of members so excluded.
5. Conduct of meetings
(1) Subject to this Act, the Council may regulate the
calling of, and the conduct of business at, its
meetings as it considers appropriate.
(2) The Council may permit members to participate
in a particular meeting or all meetings by
(a) telephone; or
(b) video conference; or
(c) any other means of communication
approved by the Council.
(3) A member who participates in a meeting under a
permission granted under subclause (2) is taken
to be present at the meeting.
(4) Without limiting subclause (1), the Council may
allow a person to attend a meeting for the
purpose of advising or informing it on any
matter.
6. Resolutions without meetings
(1) If all members appointed sign a document
containing a statement that they are in favour of
a resolution in the terms set out in the document,
a resolution in those terms is taken to have been
passed at a meeting of the Council held on the
day on which the document is signed or, if the
members do not sign it on the same day, on the
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day on which the last of the members signs the
document.
(2) If a resolution is taken to have been passed under
subclause (1), each member is to be
(a) advised immediately of the matter; and
(b) given a copy of the terms of the
resolution.
(3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one
or more members, is taken to constitute one
document.
7. Minutes
The Council is to keep accurate minutes of its
meetings.
8. Disclosure of interests
(1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to
be considered, by the Council, the member must,
as soon as practicable after the relevant facts
come to the member's knowledge, disclose the
nature of the interest to the Council.
Penalty: Fine not exceeding 100 penalty.
(2) Unless the Council otherwise determines, a
member who has made a disclosure under
subclause (1) in relation to a matter must not
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2005 Radiation Protection No. sch. 2
(a) be present during any deliberation of the
Council in relation to the matter; or
(b) take part in any decision of the Council
in relation to the matter.
(3) For the purpose of making a determination under
subclause (2), the member to whom the
determination relates must not
(a) be present during any deliberation of the
Council for the purpose of making the
determination; or
(b) take part in making the determination.
9. General procedure
Except as provided by this Act, the Council may
regulate its own proceedings.
10. Presumptions
In any proceeding involving the Council, unless
evidence is given to the contrary, proof is not
required of
(a) any resolution of the Council; and
(b) the presence of a quorum at any meeting
of the Council.
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SCHEDULE 3 TRANSITIONAL AND SAVINGS
PROVISIONS RELATING TO INITIAL MEMBERS OF
COUNCIL AND INITIAL AUTHORISED OFFICERS
Section 87(1)
1. Interpretation
In this Schedule
"commencement day" means the day on
which this Act commences;
"previous Council" means the Radiation
Advisory Council established under
section 4 of the repealed Act;
"repealed Act" means the Radiation Control
Act 1977 as in force immediately before
the commencement day.
2. Membership of Council
(1) Each person who was a member of the previous
Council immediately before the commencement
day, including the chairperson of the previous
Council
(a) becomes a member of the Council; and
(b) is taken to have been appointed under
section 47(1)
(i) on the same conditions as his or
her appointment as a member of
the previous Council; and
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2005 Radiation Protection No. sch. 3
(ii) for a term ending when his or her
appointment as a member would
have ended had not the repealed
Act been repealed, unless that
term is otherwise ended under
and in accordance with this Act.
(2) The person who was the chairperson of the
previous Council immediately before the
commencement day becomes the chairperson of
the Council and is taken to have been appointed
as chairperson of the Council under
section 47(2).
(3) Each person who, immediately before the
commencement day, held an appointment as a
deputy of a member of the previous Council,
including the chairperson of the previous
Council, is taken to have been appointed under
section 50 to act as a member of the Council on
the same terms and conditions as his or her
appointment as a deputy of a member of the
previous Council.
3. Initial authorised officers
A person who was an authorized officer under
the repealed Act immediately before the
commencement day is taken to have been
appointed as an authorised officer under
section 53(1) or (2) or authorised to perform the
functions and exercise the powers of an
authorised officer under section 53(3), as the
case requires
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(a) on the same conditions as his or her
appointment or authorization under the
repealed Act; and
(b) for a term ending when his or her
appointment or authorization under the
repealed Act would have ended had not
the repealed Act been repealed, unless
that term is otherwise ended under and in
accordance with this Act.
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2005 Radiation Protection No. sch. 4
SCHEDULE 4 GENERAL TRANSITIONAL AND
SAVINGS PROVISIONS
Section 87(2)
1. Interpretation
In this Schedule
"commencement day" means the day on
which this Act commences;
"previous Council" means the Radiation
Advisory Council established under
section 4 of the repealed Act;
"repealed Act" means the Radiation Control
Act 1977 as in force immediately before
the commencement day.
2. Pending licence applications
An application for, or for the renewal of, a
licence under the repealed Act in relation to a
radioactive material or electronic product, within
the meaning of the repealed Act, is taken to be
an application for, or for the renewal of, a
licence under this Act in relation to a radiation
source comprised of that radioactive material or
electronic product.
3. Existing licences
(1) A licence under the repealed Act that authorises
the use, possession, sale, supply, purchase or
storage of a radioactive material or electronic
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product, within the meaning of the repealed Act,
is taken to be a licence under this Act
authorising the carrying out of that activity in
relation to a radiation source comprised of that
radioactive material or electronic product.
(2) Except as provided by or under any other
provision of this Act, a licence referred to in
subclause (1) that is taken to be a licence under
this Act continues in force until 31 August 2006
on the same conditions.
(3) The holder of a licence referred to in
subclause (1) must pay any difference between
the annual licence fee already paid by the holder
in respect of that licence and the annual licence
fee payable under this Act for the year
commencing on the commencement day in
respect of a licence to carry on the activities
specified in the licence held.
(4) The holder of a licence required to pay an
amount under subclause (3) must pay that
amount within 30 days after the commencement
day or, if the Director of Public Health allows
the holder to do so, by a later day determined by
the Director of Public Health by notice provided
to the holder.
(5) If the holder of a licence referred to in
subclause (1) fails to pay an amount as required
by subclause (3) by the day the holder is
required to do so under subclause (4), the licence
is cancelled.
4. Quality assurance assessments
(1) In this clause
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2005 Radiation Protection No. sch. 4
"quality assurance assessment" means a
quality assurance assessment that
(a) was issued
(i) in respect of a radiation
source that is a
radioactive material or
electronic product, within
the meaning of the
repealed Act; and
(ii) by an authorized officer
under the repealed Act;
and
(iii) within 4 years before the
commencement day; and
(b) had effect immediately before the
commencement day.
(2) For the purposes of section 20(1)(b)(i) and
section 21(2)(d), a quality assurance assessment
in respect of a radiation source is taken to be a
certificate of compliance in respect of that
source and is valid until the end of the relevant
following period that commences on the day on
which the assessment was issued:
(a) if the source is an ionising radiation
apparatus used for medical diagnosis,
other than a mammography unit, bone
densitometry unit or ionising radiation
apparatus used for dentistry, the period
of 2 years;
(b) if the source is a mammography unit, the
period of one year;
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(c) if the source is a bone densitometry unit,
the period of 4 years;
(d) if the source is an ionising radiation
apparatus used for dentistry, the period
of 4 years;
(e) if the source is an ionising radiation
apparatus used for medical therapy, the
period of 2 years;
(f) if the source is an ionising radiation
apparatus used for a purpose, other than
medical diagnosis, medical therapy or
industrial radiography, the period of 4
years;
(g) if the source is an ionising radiation
apparatus used for industrial
radiography, the period of 2 years;
(h) if the source is a sealed source, the period
of one year;
(i) if the source is a non-ionising radiation
apparatus, the period of 4 years;
(j) in the case of any other source that is
prescribed in the regulations, the
prescribed period.
5. Approved stores
(1) This clause applies to an approval of storage
accommodation for the storage of radioactive
material or an electronic product
(a) under regulations 6 and 7 of the
Radiation Control Regulations 1994; and
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2005 Radiation Protection No. sch. 4
(b) in force immediately before the
commencement day.
(2) The approval is taken to be a certificate of
registration under this Act authorising the
occupier of the place to which the approval
relates to store at the place the radiation source
that is the radioactive material or electronic
product to which the approval relates.
(3) Except as otherwise provided by or under this
Act, the certificate of registration is subject to
the same conditions that applied to the approval
immediately before the commencement day.
6. References to repealed Act
In an Act or document, a reference to the
repealed Act or a provision of that Act is to be
taken to be a reference to this Act or the
corresponding provision of this Act if the
context requires it.
7. Previous Council
(1) The previous Council is abolished.
(2) As soon as practicable after the commencement
day, the Council is to report to the Minister on
the proceedings of the previous Council during
the period commencing on 1 July 2005 and
ending on the day before the commencement
day.
(3) The Minister is to lay a copy of the report
referred to in subclause (2) before each House of
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Parliament within a reasonable time after
receiving it.
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2005 Radiation Protection No. sch. 5
SCHEDULE 5 CONSEQUENTIAL AMENDMENTS
Section 89
Approvals (Deadlines) Act 1993
1. Schedule 1 is amended by omitting
Radiation Control Act 1977
Licence to deal with 60 days from the day on
radioactive material or which an application under
electronic product section 12 (1) of the
Radiation Control Act 1977
is received by the
responsible Minister.
.
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SCHEDULE 6 LEGISLATION REPEALED
Section 90
Radiation Control Act 1977 (No. 66 of 1977)
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2005 Radiation Protection No. sch. 7
SCHEDULE 7 LEGISLATION RESCINDED
Section 91
Radiation Control Regulations 1994 (No. 237 of 1994)
Radiation Control Amendment Regulations 1999 (No. 171 of
1999)
Radiation Control Amendment Regulations 2002 (No. 105 of
2002)
Government Printer, Tasmania 119