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RADIATION PROTECTION ACT 2005

- Act 48 of 2005 - Royal Assent 1 December 2005

Table of Provisions

Long Title

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

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

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
  • 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
  • 70A Infringement notices

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
  • 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

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