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PARLIAMENT OF VICTORIA
Radiation Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Declarations that certain materials and apparatuses are not
radiation sources 10
5. Tabling and disallowance of declarations under section 4 11
6. Crown to be bound 12
PART 2--THE RADIATION PROTECTION PRINCIPLE 13
7. The Radiation Protection Principle 13
8. Interpretation that promotes the Radiation Protection Principle
to be preferred 14
PART 3--THE ROLE OF THE SECRETARY 15
9. Functions of the Secretary 15
10. General powers of the Secretary 16
11. Secretary must have regard to the Radiation Protection
Principle and NDRP 16
PART 4--LICENSED ACTIVITIES 17
12. Conduct of radiation practice prohibited unless licensed 17
13. Use of a radiation source prohibited unless licensed 17
14. Construction of radiation facilities prohibited in certain cases 18
15. Licence holders must comply with conditions of licence 18
16. Exemptions from holding a licence 19
17. Persons must not falsely represent that they are licence holders 20
18. Offence to allow persons who do not hold a use licence to use
a radiation source 20
19. Offence to allow a use licence holder to use a radiation source
in a manner not permitted by licence 21
20. Secretary to be notified of loss or theft of radiation source 21
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21. Offence to abandon radiation source 22
22. Offences to cause another person to receive a higher radiation
dose than is prescribed 22
23. Offences to cause serious harm to the environment 23
PART 5--APPROVED TESTERS AND TESTING AND USE OF
PRESCRIBED RADIATION SOURCES 24
Division 1--Introductory 24
24. Definitions 24
Division 2--Approved Testers 24
25. Role of approved testers 24
26. Approved testers must comply with conditions of tester's
approval 25
27. Only approved testers who hold testers' approvals that are in
force may issue certificates of compliance 25
28. Offence to impersonate approved tester 25
Division 3--Radiation Safety Standards and Tests 25
29. Secretary may specify radiation safety standards 25
30. Secretary may specify radiation safety tests 26
31. Standards and tests specified by Secretary may incorporate
documents and other material 27
Division 4--Testing and Certificates of Compliance 27
32. Testing in accordance with specified radiation safety tests 27
33. Certificates of compliance 28
34. Approved testers to provide certificate information to
Secretary 28
35. Approved tester must not knowingly issue a certificate of
compliance that is false 29
Division 5--Use of Prescribed Radiation Sources 29
36. Use of prescribed radiation sources prohibited unless there is
a certificate of compliance 29
PART 6--AUTHORITIES UNDER THE ACT 30
Division 1--Issue of Authorities 30
37. Who may apply for an authority? 30
38. Form of application 30
39. Further information for management licence applications 30
40. Further information for use licence applications 31
41. Further information for facility construction licence applications 31
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42. Further information for a tester's approval application 32
43. Consideration of application for and issue of authority 32
44. Further considerations in relation to use licence applications 33
45. Requests for certain information from a relevant health
practitioner board about an applicant 36
46. Further considerations in relation to a tester's approval
application 36
47. Conditions of authority 37
48. Period and date of expiry of authority 37
49. When authority takes effect 38
50. Content of authority 38
Division 2--Renewal of Authorities 39
51. Application for renewal of authority 39
52. Consideration of application for and issue of renewal of
authority 40
53. Period and date of expiry of renewed authority 41
54. Conditions of renewed authority 41
55. Content of renewed authority 41
Division 3--Suspension and Cancellation of Authorities 42
56. Suspension or cancellation of authority 42
57. Show cause notice 43
58. Representations about show cause notices 43
59. Ending show cause process without further action 44
60. Suspension or cancellation 44
61. Return of cancelled authority to Secretary 48
62. Immediate suspension of authority in urgent circumstances 48
63. Effect of suspension on authorities 50
Division 4--Other Actions in Relation to Authorities 50
64. Transfer of management licence or facility construction licence 50
65. Variation of authority by Secretary on his or her own initiative 52
66. Variation of authority by Secretary on application of
authority holder 52
67. Surrender of authority 54
PART 7--ENFORCEMENT 55
Division 1--Introductory 55
68. Definitions 55
Division 2--Authorised Officers 55
69. Appointment 55
70. Authorised officer's identity card 55
71. Production of identity card 56
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72. Authorised officers must cease exercising powers if they do
not produce identity card on request 56
73. Authorised officers subject to Secretary's direction 56
Division 3--Entry Powers of Authorised Officers 56
74. Power to enter places 56
75. Procedure for entry without consent 57
76. Procedure for entry with consent 58
Division 4--Investigation and Enforcement Powers of Authorised
Officers 59
77. General powers of authorised officers 59
78. Power to direct persons to produce documents, operate
equipment, answer questions etc. 61
Division 5--Search Warrants 62
79. Issue of search warrants 62
80. Announcement before entry on warrant 63
81. Copy of warrant to be given to occupier 64
Division 6--Seized Things and Samples Taken 64
82. Authorised officers to give receipts for seized things and
samples taken 64
83. Copies of seized documents 65
84. Retention and return of seized documents or things 65
85. Magistrates' Court may extend 3 month period 66
86. Forfeiture and destruction of seized things 67
87. Secretary may cause forfeited things to be destroyed or
otherwise disposed of 67
Division 7--Examinations, Analyses, Measurement and Testing 68
88. Examination, analysis, measurement or testing of things
seized or samples taken 68
89. Examination, analysis, measurement or testing of things, or
testing for emissions of radiation, at a place 69
90. Certificates must indicate methodology used 69
Division 8--Miscellaneous 69
91. Offence to impersonate an authorised officer 69
PART 8--RADIATION EMERGENCIES 70
92. Definition 70
93. Secretary to give authorisation for exercise of emergency
powers 70
94. How may an authorisation be given? 70
95. Extension of period of time authorisation is in force 71
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96. What is authorised? 71
97. Authorised officers to display identity cards at all times when
exercising emergency powers 73
98. Use of reasonable and necessary force 73
99. Compensation 73
PART 9--REVIEW OF DECISIONS 76
100. Definitions 76
101. Review 77
102. VCAT review of certain decisions of Secretary 79
PART 10--THE RADIATION ADVISORY COMMITTEE 80
103. Radiation Advisory Committee 80
104. Membership 80
105. Acting appointments 80
106. Proceedings of the Committee 81
107. Function of the Committee 81
108. Consultation in carrying out its function 82
109. Assistance 82
110. Annual reports 82
111. Minister to lay annual reports before Houses of Parliament 82
PART 11--GENERAL 83
Division 1--Radiation Analysts 83
112. Appointment of radiation analysts 83
113. Radiation analyst's terms and conditions 83
114. Functions of radiation analysts 84
Division 2--Other Offences 84
115. Tampering with radiation sources sealed by authorised officers 84
116. False and misleading information 85
117. Offence to hinder or obstruct an authorised officer 85
Division 3--Infringements 85
118. Definition 85
119. Power to serve a notice 85
120. Form of notice 86
121. Infringement penalties 87
122. Late payment of penalty 87
123. Withdrawal of notice 87
124. Payment expiates offence 88
125. Payment not to have certain consequences 88
126. Prosecution after service of infringement notice 89
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Division 4--Provisions Relating to Offences 89
127. Self-incrimination 89
128. Offences by corporations 89
129. Time within which proceedings for offences may be brought 90
130. Evidence of signatures 90
131. Evidentiary certificates 91
Division 5--Compensation and Recovery of Costs 93
132. Orders for compensation and the recovery of certain costs
immediately after a finding of guilt 93
133. Cost recovery by Secretary in certain cases where persons do
not comply with a direction 95
Division 6--Reporting 96
134. Annual report 96
135. Secretary to notify CEO of ARPANSA of prescribed radiation
incidents 96
Division 7--Miscellaneous 97
136. Disclosure of information to other agencies 97
137. Secretary and authorised officers need not be licensed to
exercise powers or perform duties 99
138. Register 99
139. Regulations 100
PART 12--SAVINGS, TRANSITIONALS AND AMENDMENT
OF ACTS 105
Division 1--Amendment of Acts 105
140. Repeal of Health Act 1958 radiation provisions 105
141. Dangerous Goods Act 1985--Consequential amendment 105
142. Environment Protection Act 1970--Consequential
amendment 106
143. Magistrates' Court Act 1989--Indictable offences under
this Act triable summarily 106
144. Nuclear Activities (Prohibitions) Act 1983--Consequential
amendments 107
145. Road Transport (Dangerous Goods) Act 1995--
Consequential amendment 107
Division 2--Savings and Transitionals 107
146. Continued operation of Health (Radiation Safety) Regulations
1994 until repeal of Health Act provisions 107
147. Other savings and transitional matters 108
__________________
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SCHEDULE--Savings and Transitionals 109
ENDNOTES 116
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PARLIAMENT OF VICTORIA
Initiated in Assembly 9 August 2005
As amended by Assembly 7 September 2005
A BILL
to protect the health and safety of persons and the environment from
the harmful effects of radiation, to make consequential amendments to
the Health Act 1958, the Dangerous Goods Act 1985, the
Environment Protection Act 1970, the Magistrates' Court Act
1989, the Nuclear Activities (Prohibitions) Act 1983, the Road
Transport (Dangerous Goods) Act 1995 and for other purposes.
Radiation Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to protect the health and
safety of persons and the environment from the
harmful effects of radiation.
5
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Section 1, section 146 and this section come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
5
operation on 1 September 2007.
3. Definitions
(1) In this Act--
"approved tester" means a person who holds a
tester's approval;
10
"authorised officer" means a person appointed
under section 69;
"authority" means--
(a) a facility construction licence;
(b) a management licence;
15
(c) a use licence;
(d) a tester's approval;
"authority holder" means a licence holder or
approved tester;
"certificate of compliance" means a certificate
20
issued under section 33(1);
"certificate of examination and analysis" means
a certificate completed in accordance with
section 88 or 89;
"clean up" includes any measures--
25
(a) to remove, destroy or otherwise dispose
of any radiation source; and
(b) to restore a place to a state as close as
practicable to the state it was in
immediately before the emission of
30
radiation from a radiation source; and
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
(c) to assess the nature and extent of the
damage and risk caused by any
emission of radiation from a radiation
source; and
(d) to take any measurement, recording or
5
sample or to prepare any report, plan,
drawing or other document, or to make
any inspection, calculation, test or
analysis relating to the emission of
radiation from a radiation source; and
10
(e) to retain any consultant, contractor,
expert, agency or person for the
purpose of taking any clean up
measures referred to in paragraphs (a)
to (d); and
15
(f) to determine the most appropriate
action to take in relation to the
measures set out in paragraphs (a)
to (e);
"Committee" means the Radiation Advisory
20
Committee established under section 103;
"Department" means the Department of Human
Services;
"facility construction licence" means a licence
issued under Part 6 allowing the licence
25
holder to construct a radiation facility;
"facility construction licence holder" means a
person who holds a facility construction
licence;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
"ionising radiation" means electromagnetic or
particulate radiation capable of producing
ions directly or indirectly but does not
include electromagnetic radiation of a
wavelength of greater than 100 nanometres;
5
"ionising radiation apparatus" means an
apparatus that produces ionising radiation
when energised but does not include--
(a) a sealed source apparatus; or
(b) an apparatus that is--
10
(i) prescribed by the regulations not
to be an ionising radiation
apparatus; or
(ii) declared not to be an ionising
radiation apparatus under
15
section 4;
"licence" means a facility construction licence, a
management licence or a use licence;
"licence holder" means a facility construction
licence holder, a management licence holder
20
or a use licence holder;
"management licence" means a licence issued
under Part 6 allowing the licence holder to
conduct the radiation practice specified in
that licence;
25
"management licence holder" means a person
who holds a management licence;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
"National Directory for Radiation Protection"
or "NDRP" means the National Directory
for Radiation Protection--
(a) published from time to time by the
Chief Executive Officer within the
5
meaning of the Australian Radiation
Protection and Nuclear Safety Act 1998
of the Commonwealth; and
(b) as amended from time to time--
and includes any matter contained in any
10
document, code, standard, guideline, rule,
specification or method formulated, issued,
prescribed or published by any person,
authority or body that is applied, adopted or
incorporated by the National Directory for
15
Radiation Protection whether that document,
code, standard, guideline, rule, specification
or method is formulated, issued, prescribed
or published--
(c) at the time the National Directory for
20
Radiation Protection is published or at
any time before then; or
(d) from time to time;
"non-ionising radiation" means electromagnetic
radiation of a wavelength of greater than
25
100 nanometres;
"non-ionising radiation apparatus" means an
apparatus that--
(a) produces non-ionising radiation when
energised; and
30
(b) is prescribed by the regulations to be a
non-ionising radiation apparatus;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
"place" includes a public place, residential
premises, a building or a part of a building or
a vehicle;
"public place" means a place, or part of a place,
that the public is entitled to use, that is open
5
to members of the public or that is used by
the public, whether or not on payment of
money;
Examples
10 Examples of public places include--
(a) streets, roads, footpaths and passages (whether
or not on private property);
(b) forecourts of public and commercial buildings;
(c) carparks;
15 (d) parks, gardens and recreation reserves;
"radiation analyst" means a person appointed
under section 112;
"radiation apparatus" means an ionising
radiation apparatus or non-ionising radiation
apparatus;
20
"radiation facility" means a facility that is
prescribed by the regulations to be a
radiation facility but does not include--
(a) a mill or facility of the kind described
in section 8 of the Nuclear Activities
25
(Prohibitions) Act 1983; or
(b) a nuclear reactor or nuclear power
reactor within the meaning of the
Nuclear Activities (Prohibitions)
Act 1983--
30
the construction or operation of which is
prohibited by section 8 of that Act;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
"radiation practice" means any of the following
activities--
(a) possessing a radiation source;
(b) selling a radiation source;
(c) transporting radioactive material;
5
(d) repairing a radiation source;
(e) maintaining a radiation source;
(f) testing a radiation source where that
testing does not involve using a
radiation source;
10
(g) mining radioactive material;
(h) processing radioactive material;
(i) disposing of a radiation source;
(j) decommissioning a radiation facility;
(k) procuring or arranging research
15
involving the irradiation of persons;
(l) any activity (not referred to in
paragraphs (a) to (k)) conducted in
relation to a radiation source that may
result in exposing a person or the
20
environment to radiation--
but does not include--
(m) an activity referred to in paragraphs (a)
to (l) that is prescribed by the
regulations not to be a radiation
25
practice; or
(n) using a radiation source;
Note: A person who carries out an activity referred to
paragraphs (b) to (l) during the course of his or
30 her employment is not to be taken to be
conducting a radiation practice: see sub-
section (2).
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
"Radiation Protection Principle" means the
principle set out in section 7;
"radiation source" means--
(a) radioactive material;
(b) a radiation apparatus;
5
(c) a sealed source apparatus;
"radioactive material" means--
(a) any material that spontaneously emits
ionising radiation that--
(i) has an activity concentration equal
10
to, or greater than, the amount
prescribed by the regulations; and
(ii) consists of, or contains, an activity
equal to, or greater than, the
amount prescribed by the
15
regulations; or
(b) any material that spontaneously emits
ionising radiation that--
(i) has an activity concentration, or
consists of, or contains, an
20
activity, less than the amount
prescribed by the regulations; and
(ii) occurs in prescribed
circumstances--
but does not include--
25
(c) raw material with unmodified
concentrations of radionuclides unless
that material is prescribed by the
regulations to be radioactive material;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 3
(d) material that is--
(i) prescribed by the regulations not
to be radioactive material; or
(ii) declared not to be radioactive
material under section 4;
5
"register" means the register established and
maintained under section 138;
"sealed source" means radioactive material that
is--
(a) permanently sealed in a capsule; or
10
(b) closely bound and in solid form;
"sealed source apparatus" means an apparatus
that produces ionising radiation because it
contains a sealed source but does not include
an apparatus that is--
15
(a) prescribed by the regulations not to be a
sealed source apparatus; or
(b) declared not to be a sealed source
apparatus under section 4;
"Secretary" means the Secretary to the
20
Department;
"tester's approval" means an approval issued
under Part 6;
"Tribunal" means Victorian Civil and
Administrative Tribunal established by the
25
Victorian Civil and Administrative
Tribunal Act 1998;
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 4
"use", in relation to a radiation source, means
actual use by a natural person of a radiation
source and includes--
(a) the use of radiation emitted from a
radiation source;
5
(b) the injection, or implanting, of
radioactive material into a person or
animal;
"use licence" means a licence issued under Part 6
allowing the licence holder to use a radiation
10
source;
"use licence holder" means a person who holds a
use licence.
(2) For the purposes of this Act, a person who carries
out an activity referred to paragraphs (b) to (l) of
15
the definition of "radiation practice" during the
course of his or her employment is not to be taken
to be conducting a radiation practice.
4. Declarations that certain materials and apparatuses
are not radiation sources
20
(1) The Secretary, by notice published in the
Government Gazette, may declare--
(a) a material or class of material that
spontaneously emits ionising radiation not to
be a radioactive material for the purposes of
25
this Act;
(b) an apparatus or class of apparatus that
produces ionising radiation because it
contains a sealed source not to be a sealed
source apparatus for the purposes of this Act;
30
(c) an apparatus or class of apparatus that
produces ionising radiation when energised
not to be an ionising radiation apparatus for
the purposes of this Act.
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 5
(2) The Secretary may only make a declaration under
sub-section (1) if he or she is satisfied that the
ionising radiation--
(a) emitted by the material or class of material;
or
5
(b) produced by the apparatus or class of
apparatus--
does not pose a significant risk to the health or
safety of any person or the safety of the
environment.
10
5. Tabling and disallowance of declarations under
section 4
(1) On or before the 6th sitting day after a declaration
under section 4 is published in the Government
Gazette, the Minister must ensure that a copy of
15
that declaration is laid before each House of the
Parliament.
(2) A failure to comply with sub-section (1) does not
affect the operation or effect of the declaration but
the Scrutiny of Acts and Regulations Committee
20
of the Parliament may report the failure to each
House of the Parliament.
(3) A declaration under section 4 may be disallowed
in whole or in part by either House of Parliament.
(4) Part 5 of the Subordinate Legislation Act 1994
25
applies to a declaration under section 4 as if--
(a) a reference in that Part to a "statutory rule"
were a reference to a declaration under
section 4; and
(b) a reference in section 23(1)(c) of that Act to
30
"section 15(1)" were a reference to sub-
section (1).
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Radiation Act 2005
Act No.
Part 1--Preliminary
s. 6
(5) A reference to a declaration under section 4 in this
section includes a reference to any amendment to
a declaration under section 4.
6. Crown to be bound
This Act binds the Crown, not only in right of the
5
State of Victoria but also, so far as the legislative
power of the Parliament permits, the Crown in all
its other capacities.
__________________
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Radiation Act 2005
Act No.
Part 2--The Radiation Protection Principle
s. 7
PART 2--THE RADIATION PROTECTION PRINCIPLE
7. The Radiation Protection Principle
The Radiation Protection Principle is the principle
that persons and the environment should be
protected from unnecessary exposure to radiation
5
through the processes of justification, limitation
and optimisation where--
(a) justification involves assessing whether the
benefits of a radiation practice or the use of a
radiation source outweigh the detriment;
10
(b) limitation involves setting radiation dose
limits, or imposing other measures, so that
the health risks to any person or the risk to
the environment exposed to radiation are
below levels considered unacceptable;
15
(c) optimisation--
(i) in relation to the conduct of a radiation
practice, or the use of a radiation
source, that may expose a person or the
environment to ionising radiation,
20
means keeping--
(A) the magnitude of individual doses
of, or the number of people that
may be exposed to, ionising
radiation; or
25
(B) if the magnitude of individual
doses, or the number of people
that may be exposed, is uncertain,
the likelihood of incurring
exposures of ionising radiation--
30
as low as reasonably achievable taking
into account economic, social and
environmental factors;
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Radiation Act 2005
Act No.
Part 2--The Radiation Protection Principle
s. 8
(ii) in relation to the conduct of a radiation
practice, or the use of a radiation
source, that may expose a person or the
environment to non-ionising radiation,
equates to cost-effectiveness.
5
8. Interpretation that promotes the Radiation
Protection Principle to be preferred
In interpreting a provision of this Act or the
regulations, a construction that would promote the
Radiation Protection Principle is to be preferred to
10
a construction that would not promote the
Radiation Protection Principle.
__________________
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Radiation Act 2005
Act No.
Part 3--The Role of the Secretary
s. 9
PART 3--THE ROLE OF THE SECRETARY
9. Functions of the Secretary
The functions of the Secretary under this Act and
the regulations are to--
(a) exempt certain radioactive material and
5
apparatuses from being radioactive material
or sealed source apparatuses or ionising
radiation apparatuses under this Act; and
(b) regulate activities relating to the
management, operation or use of radiation
10
sources and the construction of radiation
facilities through the licensing of these
activities; and
(c) approve testers of prescribed radiation
sources within the meaning of Part 5; and
15
(d) specify radiation safety standards and
radiation safety tests for the testing of
prescribed radiation sources within the
meaning of Part 5; and
(e) appoint authorised officers to--
20
(i) monitor and enforce compliance with
this Act and the regulations; and
(ii) exercise the emergency powers under
this Act in relation to radiation events;
and
25
(f) give authorisations to authorised officers to
exercise their emergency powers under this
Act in relation to radiation events; and
(g) appoint radiation analysts; and
(h) serve infringement notices in relation to
30
offences which have been prescribed as
offences for which an infringement notices
may be served; and
15
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Radiation Act 2005
Act No.
Part 3--The Role of the Secretary
s. 10
(i) advise the Minister on matters relating to
radiation safety; and
(j) promote or conduct studies, investigations
and research relating to radiation protection
and nuclear safety, including the health and
5
safety of persons and the safety of the
environment; and
(k) perform any other function conferred on the
Secretary under this Act or the regulations.
10. General powers of the Secretary
10
The Secretary may do all things that are necessary
or convenient to enable him or her to carry out his
or her functions under this Act or the regulations.
11. Secretary must have regard to the Radiation
Protection Principle and NDRP
15
The Secretary, in performing or exercising a
function or power conferred on him or her under
this Act or the regulations, must have regard to--
(a) the Radiation Protection Principle; and
(b) the NDRP to the extent that the NDRP is not
20
inconsistent with this Act or the regulations.
__________________
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Radiation Act 2005
Act No.
Part 4--Licensed Activities
s. 12
PART 4--LICENSED ACTIVITIES
12. Conduct of radiation practice prohibited unless
licensed
(1) A person must not conduct a radiation practice
unless the person--
5
(a) holds a management licence, that is in force,
that allows the person to conduct that
radiation practice; or
(b) is exempted under section 16 from the
requirement to hold a licence in respect of
10
that radiation practice and the person
conducts the radiation practice in accordance
with the exemption.
Penalty: In the case of a natural person,
1800 penalty units;
15
In the case of a body corporate,
9000 penalty units.
(2) An offence under this section is an indictable
offence.
13. Use of a radiation source prohibited unless licensed
20
(1) A natural person must not use a radiation source
unless the person--
(a) holds a use licence, that is in force, that
allows that use; or
(b) is exempted under section 16 from the
25
requirement to hold a licence in respect of
that use and the person uses the radiation
source in accordance with the exemption; or
(c) is an approved tester and uses the radiation
source in accordance with a tester's approval
30
he or she holds that is in force.
Penalty: 1200 penalty units.
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Part 4--Licensed Activities
s. 14
(2) An offence under this section is an indictable
offence.
14. Construction of radiation facilities prohibited in
certain cases
(1) An owner or occupier of land must not--
5
(a) construct a radiation facility on land that they
own or occupy unless they hold a facility
construction licence, that is in force, that
allows them to construct the radiation
facility; or
10
(b) permit or allow another person to construct a
radiation facility on land that they own or
occupy unless the other person holds a
facility construction licence, that is in force,
in relation to the radiation facility to be
15
constructed.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
3000 penalty units.
20
(2) An offence under this section is an indictable
offence.
15. Licence holders must comply with conditions of
licence
(1) A management licence holder must comply with
25
every condition of their licence.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
30
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Part 4--Licensed Activities
s. 16
(2) A use licence holder must comply with every
condition of his or her licence.
Penalty: 600 penalty units.
(3) A facility construction licence holder must
comply with every condition of their licence.
5
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
3000 penalty units.
10 Note: The Secretary may impose licence conditions on licences
under section 47.
(4) An offence under sub-section (1), (2) or (3) is an
indictable offence.
16. Exemptions from holding a licence
(1) The Secretary, by notice published in the
15
Government Gazette, may exempt a person or a
class of person from the requirement to hold--
(a) a management licence in respect of the
radiation practice specified in the notice; or
(b) a use licence in respect of the use of a
20
radiation source specified in the notice.
(2) An exemption may be of general or specific
application.
(3) The Secretary may only exempt a person under
sub-section (1) if he or she is satisfied that the
25
radiation practice or use will not pose a significant
risk to the health or safety of any person or the
safety of the environment.
(4) An exemption is subject to the terms, conditions
and limitations that are specified in the notice.
30
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s. 17
17. Persons must not falsely represent that they are
licence holders
A person must not directly or indirectly represent
that he or she is a licence holder unless the person
is a licence holder.
5
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
18. Offence to allow persons who do not hold a use
10
licence to use a radiation source
(1) A management licence holder must not direct,
request or knowingly allow a person who the
management licence holder knows is not a use
licence holder, or is a use licence holder whose
15
licence is suspended, to use a radiation source in
the management licence holder's possession.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
20
6000 penalty units.
(2) An offence under sub-section (1) is an indictable
offence.
(3) Sub-section (1) does not apply if the person who
uses a radiation source in the management licence
25
holder's possession--
(a) is exempted under section 16 from holding a
use licence in respect of that use; and
(b) uses that source in accordance with that
exemption.
30
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Part 4--Licensed Activities
s. 19
19. Offence to allow a use licence holder to use a
radiation source in a manner not permitted by
licence
(1) A management licence holder must not direct,
request or knowingly allow a use licence holder to
5
use a radiation source in the management licence
holder's possession in a manner that the
management licence holder knows is contrary to
the conditions of the use licence holder's use
licence.
10
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
(2) An offence under sub-section (1) is an indictable
15
offence.
20. Secretary to be notified of loss or theft of radiation
source
(1) A management licence holder, on becoming aware
that a radiation source that was in their possession
20
is lost or has been stolen, must immediately notify
the Secretary of the loss or theft.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
25
3000 penalty units.
(2) An offence under this section is an indictable
offence.
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21. Offence to abandon radiation source
(1) A management licence holder must not
knowingly, recklessly or negligently abandon a
radiation source that is in their possession.
Penalty: In the case of a natural person,
5
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
(2) An offence under this section is an indictable
offence.
10
22. Offences to cause another person to receive a higher
radiation dose than is prescribed
(1) A person must not, when conducting a radiation
practice in relation to a radiation source,
knowingly, recklessly or negligently cause
15
another person to receive a radiation dose that is
greater than the dose limit that is prescribed.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
20
3000 penalty units.
(2) A person must not, when using a radiation source,
knowingly, recklessly or negligently cause
another person to receive a radiation dose that is
greater than the dose limit that is prescribed.
25
Penalty: 240 penalty units.
(3) An offence under sub-section (1) is an indictable
offence.
(4) Sub-section (1) or (2) does not apply if the other
person receives the radiation dose during the
30
course, or for the purposes, of any treatment for,
or diagnosis of, an illness or injury.
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23. Offences to cause serious harm to the environment
(1) A person must not, when conducting a radiation
practice in relation to a radiation source,
knowingly, recklessly or negligently cause serious
harm to the environment.
5
Penalty: In the case of a natural person,
1800 penalty units;
In the case of a body corporate,
9000 penalty units.
(2) A person must not, when using a radiation source,
10
knowingly, recklessly or negligently cause serious
harm to the environment.
Penalty: 1200 penalty units.
(3) An offence under sub-section (1) or (2) is an
indictable offence.
15
__________________
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Radiation Act 2005
Act No.
Part 5--Approved Testers and Testing and Use of Prescribed Radiation
s. 24
Sources
PART 5--APPROVED TESTERS AND TESTING AND USE OF
PRESCRIBED RADIATION SOURCES
Division 1--Introductory
24. Definitions
In this Part--
5
"prescribed radiation source" means a radiation
source that is prescribed to be a prescribed
radiation source;
"radiation safety standard" means a standard
specified under section 29(1);
10
"specified radiation safety test" means a test
specified under section 30(1).
Division 2--Approved Testers
25. Role of approved testers
The role of an approved tester is to--
15
(a) conduct tests on prescribed radiation sources
to determine whether the prescribed radiation
sources meet the relevant radiation safety
standards; and
(b) issue certificates of compliance in respect of
20
prescribed radiation sources if the prescribed
radiation sources meet the relevant radiation
safety standards.
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Sources
26. Approved testers must comply with conditions of
tester's approval
(1) An approved tester must comply with every
condition of his or her tester's approval.
Penalty: 600 penalty units.
5
Note: The Secretary may impose conditions on a tester's approval
under section 47.
(2) An offence under this section is an indictable
offence.
27. Only approved testers who hold testers' approvals
10
that are in force may issue certificates of compliance
(1) A person must not issue a certificate of
compliance in relation to a prescribed radiation
source unless he or she holds a tester's approval
that is in force.
15
Penalty: 600 penalty units.
(2) An offence under this section is an indictable
offence.
28. Offence to impersonate approved tester
A person must not directly or indirectly represent
20
that he or she is an approved tester unless the
person is an approved tester.
Penalty: 60 penalty units.
Division 3--Radiation Safety Standards and Tests
29. Secretary may specify radiation safety standards
25
(1) The Secretary must, in respect of every prescribed
radiation source, specify the standard that must be
met by the prescribed radiation source when it is
tested by an approved tester.
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Sources
(2) On specifying a radiation safety standard, the
Secretary must publish--
(a) notice of that specification in the
Government Gazette; and
(b) the radiation safety standard on the Internet.
5
(3) A radiation safety standard specified under this
section takes effect on and from the date on which
notice of its specification is published in the
Government Gazette or a later date that is
specified in the notice.
10
30. Secretary may specify radiation safety tests
(1) The Secretary may specify the method, form or
manner of test to be conducted on a prescribed
radiation source to determine whether the
prescribed radiation source meets the radiation
15
safety standard applicable to that prescribed
radiation source.
(2) If the Secretary specifies a specified radiation
safety test, the Secretary must publish--
(a) notice of that specification in the
20
Government Gazette; and
(b) the specified radiation safety test on the
Internet.
(3) A specified radiation safety test takes effect on
and from the date on which notice of its
25
specification is published in the Government
Gazette or a later date that is specified in the
notice.
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Sources
31. Standards and tests specified by Secretary may
incorporate documents and other material
(1) A radiation safety standard or a specified radiation
safety test may apply, adopt or incorporate any
matter contained in any document, code, standard,
5
rule, specification or method formulated, issued,
prescribed or published by any person, authority
or body whether--
(a) wholly or partially or as amended by the
standard or test; or
10
(b) as formulated, issued, prescribed or
published at the time the standard or test is
specified or at any time before the standard
or test is specified; or
(c) as amended from time to time.
15
(2) Section 32 of the Interpretation of Legislation
Act 1984 does not apply to a radiation safety
standard or a specified radiation safety test.
Division 4--Testing and Certificates of Compliance
32. Testing in accordance with specified radiation safety
20
tests
If an approved tester--
(a) employed by a person who possesses a
prescribed radiation source is requested or
directed by that person to test a prescribed
25
radiation source; or
(b) is engaged to test a prescribed radiation
source--
and there is a specified radiation safety test
applicable to that prescribed radiation source, the
30
approved tester must conduct that test in
accordance with the specified radiation safety test.
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Sources
33. Certificates of compliance
(1) If, following the conduct of a test to determine
whether a prescribed radiation source meets the
radiation safety standard applicable to that source,
the approved tester is of the view that the
5
prescribed radiation source meets the applicable
radiation safety standard, the approved tester must
issue a certificate of compliance in respect of that
prescribed radiation source.
(2) A certificate of compliance must--
10
(a) be in a form approved by the Secretary; and
(b) contain any information required by the
Secretary; and
(c) specify the date of expiry prescribed for
certificates of compliance issued in respect
15
of the prescribed radiation source.
(3) An approved tester must give a certificate of
compliance to the person who is in possession of
the prescribed radiation source to which the
certificate relates within 7 days of issuing the
20
certificate.
34. Approved testers to provide certificate information
to Secretary
An approved tester must provide to the Secretary
the information contained in a certificate of
25
compliance--
(a) in writing; and
(b) within 7 days of issuing the certificate.
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Sources
35. Approved tester must not knowingly issue a
certificate of compliance that is false
(1) An approved test must not knowingly issue a
certificate of compliance that is false or
misleading in a material particular.
5
Penalty: 600 penalty units.
(2) An offence under this section is an indictable
offence.
Division 5--Use of Prescribed Radiation Sources
36. Use of prescribed radiation sources prohibited
10
unless there is a certificate of compliance
(1) A person who is in possession of a prescribed
radiation source must not require, direct, allow or
permit a person to use the prescribed radiation
source unless there is a certificate of compliance
15
in respect of that source that has not expired.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
20
(2) An offence under this section is an indictable
offence.
__________________
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Radiation Act 2005
Act No.
Part 6--Authorities under the Act
s. 37
PART 6--AUTHORITIES UNDER THE ACT
Division 1--Issue of Authorities
37. Who may apply for an authority?
(1) Any person may apply to the Secretary for--
(a) a management licence; or
5
(b) a facility construction licence.
(2) Only a natural person may apply to the Secretary
for--
(a) a use licence; or
(b) a tester's approval.
10
38. Form of application
An application for an authority must--
(a) be in a form approved by the Secretary; and
(b) set out which authority is being applied for;
and
15
(c) be accompanied by--
(i) any information required by the
Secretary that relates to the authority;
and
(ii) the prescribed fee (if any).
20
39. Further information for management licence
applications
An application under section 37 for a management
licence must also include--
(a) a description of the proposed radiation
25
practice that will be conducted; and
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Part 6--Authorities under the Act
s. 40
(b) information (as determined by the Secretary)
about the radiation sources or kinds of
radiation sources in relation to which the
applicant will conduct a radiation practice.
40. Further information for use licence applications
5
An application under section 37 for a use licence
must also include--
(a) information (as determined by the Secretary)
about--
(i) the radiation sources or kinds of
10
radiation sources the applicant will use;
and
(ii) the purpose for which the radiation
sources or kinds of radiation sources
will be used; and
15
(b) evidence of the applicant's qualifications
(if any) that may be relevant to the proposed
use of a radiation source.
41. Further information for facility construction licence
applications
20
An application under section 37 for a facility
construction licence must also--
(a) include--
(i) a description of the radiation facility to
be constructed; and
25
(ii) a description of the location where the
proposed radiation facility is to be
constructed; and
(iii) a description of every radiation practice
that will be conducted at the proposed
30
radiation facility; and
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Part 6--Authorities under the Act
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(iv) information (as determined by the
Secretary) about the radiation sources
or kinds of radiation sources in relation
to which a radiation practice will be
conducted at the proposed radiation
5
facility; and
(b) in the case of a radiation facility to be
constructed on land owned or occupied by a
person other than the applicant, be
accompanied by evidence of the written
10
consent of the owner or occupier of the land
on which the proposed radiation facility will
be constructed for the construction of that
facility.
42. Further information for a tester's approval
15
application
An application under section 37 for a tester's
approval must also include evidence of the
applicant's qualifications (if any) that may be
relevant to an approved tester carrying out his or
20
her duties under this Act or the regulations.
43. Consideration of application for and issue of
authority
(1) Subject to this section and sections 44 to 46, on
receipt of an application under section 37, the
25
Secretary may issue an authority to the applicant.
(2) The Secretary may refuse to issue an authority
if--
(a) the Secretary considers that the applicant is
not a fit and proper person to hold the
30
authority; or
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Part 6--Authorities under the Act
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(b) in the case of an application for a licence, the
Secretary considers that--
(i) it is necessary to do so in the interests
of the health or safety of persons or the
safety of the environment; or
5
(ii) the application does not comply with
the requirements of this Division; or
(iii) the proposed radiation practice or use
described in the application is
inappropriate or not justified.
10
(3) If the Secretary refuses to issue an authority, the
Secretary must--
(a) notify the applicant--
(i) of his or her refusal; and
(ii) about how the applicant may seek
15
review of the Secretary's decision; and
(b) give the applicant a statement of reasons for
refusing to issue the authority.
(4) A notification under sub-section (3)(a) and a
statement of reasons given under sub-section
20
(3)(b) must be--
(a) in writing; and
(b) given to the applicant within 14 days of the
Secretary deciding to refuse the application.
44. Further considerations in relation to use licence
25
applications
(1) Without limiting section 43(2)(a), in considering
whether an applicant for a use licence is a fit and
proper person to hold a use licence, the Secretary
may have regard to--
30
(a) information about the applicant given to the
Secretary by a relevant practitioner
registration board under section 45; and
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Part 6--Authorities under the Act
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(b) the qualifications (if any) of the applicant
and the relevance of those qualifications to
the proposed use described in the
application.
(2) In this section--
5
"relevant practitioner registration board"
means, in relation to an applicant for a use
licence who is or was--
(a) a registered practitioner within the
meaning of the Chinese Medicine
10
Registration Act 2000--the Chinese
Medicine Registration Board of
Victoria established under Part 6 of that
Act;
(b) a registered chiropractor within the
15
meaning of the Chiropractors
Registration Act 1996--the
Chiropractors Registration Board of
Victoria established under Part 6 of that
Act;
20
(c) a registered dental care provider within
the meaning of the Dental Practice Act
1999--the Dental Practice Board
established under Part 6 of that Act;
(d) a registered medical practitioner within
25
the meaning of the Medical Practice
Act 1994--the Medical Practitioners
Board of Victoria established under
Part 6 of that Act;
(e) a medical imaging technologist, a
30
radiation therapy technologist or a
nuclear medicine technologist--the
Medical Radiation Technologists
Board of Victoria established under
section 108AL of the Health Act 1958;
35
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Part 6--Authorities under the Act
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(f) a registered nurse within the meaning
of the Nurses Act 1993--the Nurses
Board of Victoria established under
Part 6 of that Act;
(g) a registered optometrist within the
5
meaning of the Optometrists
Registration Act 1996--the
Optometrists Registration Board of
Victoria established under Part 6 of that
Act;
10
(h) a registered osteopath within the
meaning of the Osteopaths
Registration Act 1996--the
Osteopaths Registration Board of
Victoria established under Part 6 of that
15
Act;
(i) a registered pharmacist within the
meaning of the Pharmacy Practice
Act 2004--the Pharmacy Board of
Victoria established under Part 7 of that
20
Act;
(j) a registered physiotherapist within the
meaning of the Physiotherapists
Registration Act 1998--the
Physiotherapists Registration Board of
25
Victoria established under Part 6 of that
Act;
(k) a registered podiatrist within the
meaning of the Podiatrists
Registration Act 1997--the Podiatrists
30
Registration Board of Victoria
established under Part 6 of that Act;
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Part 6--Authorities under the Act
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(l) a registered veterinary practitioner
within the meaning of the Veterinary
Practice Act 1997--the Veterinary
Practitioners Registration Board of
Victoria established under Part 6 of that
5
Act.
45. Requests for certain information from a relevant
health practitioner board about an applicant
(1) The Secretary may request information about an
applicant for a use licence from a relevant
10
practitioner registration board for the purpose of
determining whether the applicant is a fit and
proper person to hold a use licence.
(2) A relevant practitioner registration board may, on
receiving a request under sub-section (1), disclose
15
to the Secretary information about the applicant
obtained by the board under the Act under which
the board is established.
(3) In this section--
"relevant practitioner registration board" has
20
the same meaning as in section 44(2).
46. Further considerations in relation to a tester's
approval application
Without limiting section 43(2)(a), in considering
whether an applicant for a tester's approval is a fit
25
and proper person to hold a tester's approval, the
Secretary may have regard to the qualifications
(if any) of the applicant and the relevance of those
qualifications to the duties of an approved tester
under this Act or the regulations.
30
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Part 6--Authorities under the Act
s. 47
47. Conditions of authority
(1) An authority is subject to any conditions that the
Secretary considers appropriate.
(2) Without limiting sub-section (1), an authority may
be subject to a condition requiring the authority
5
holder to comply with--
(a) a document, code, standard, guideline, rule,
specification or method applied, adopted or
incorporated by the NDRP at the time the
authority is issued; or
10
(b) a code, standard or guideline not referred to
in paragraph (a) as in force at the time the
authority is issued relating to the protection
of human health or the environment from the
harmful effects of radiation; or
15
(c) any matter that the Secretary considers the
authority holder must comply with in order
to protect human health or the environment
from the harmful effects of radiation.
(3) A code, standard or guideline referred to in sub-
20
section (2)(b) may be a code, standard or
guideline formulated, issued, prepared, prescribed
or published by any person or body.
48. Period and date of expiry of authority
(1) An authority--
25
(a) may be issued by the Secretary for a period
not exceeding 3 years that is specified in the
authority; and
(b) expires on the date specified in the authority.
(2) However, the Secretary may, in accordance with
30
Division 3, cancel or suspend an authority before
the period specified in the authority expires.
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49. When authority takes effect
(1) An authority takes effect on--
(a) the day on which it is issued by the
Secretary; or
(b) a date specified in the authority.
5
(2) The date specified in the authority must not be a
date before the day on which the authority is
issued by the Secretary.
50. Content of authority
(1) An authority issued under section 43 must--
10
(a) set out the name of the authority holder; and
(b) specify the period the authority is in force
and the date the authority expires; and
(c) include the conditions of the authority; and
(d) include any other information the Secretary
15
considers appropriate.
(2) A management licence issued under section 43
must also--
(a) describe the radiation practice allowed to be
conducted under the licence; and
20
(b) identify and describe every radiation source
or kinds of radiation sources in relation to
which the management licence holder will
conduct a radiation practice under the
licence.
25
(3) A use licence issued under section 43 must also--
(a) describe the use allowed under the licence;
and
(b) identify or describe--
(i) every kind of radiation source that the
30
use licence holder may use under the
licence; or
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(ii) the purpose for which a radiation
source identified or described in the
licence may be used.
Division 2--Renewal of Authorities
51. Application for renewal of authority
5
(1) An authority holder may apply to the Secretary for
the renewal of their authority.
(2) An application may be made--
(a) before the authority expires; or
(b) despite anything to the contrary in an
10
authority, within 60 days after the authority
expires.
(3) The application must be--
(a) in the form approved by the Secretary; and
(b) accompanied by--
15
(i) any information required by the
Secretary that relates to the authority;
and
(ii) the prescribed fee (if any).
(4) If there is a prescribed fee that must be paid for an
20
application made within 60 days after the
authority expires (a "late application"), that
prescribed fee must be the same as the prescribed
fee that must be paid for an authority that is
renewed--
25
(a) on an application that is made before that
authority expired; and
(b) with the same date of expiry as specified in
the authority that is renewed on the late
application.
30
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(5) If the application is made before the authority
expires, then despite anything to the contrary in
the authority, the authority continues in force until
the Secretary renews the authority or refuses to
renew the authority under section 52.
5
52. Consideration of application for and issue of
renewal of authority
(1) In considering an application for the renewal of an
authority, the Secretary must renew the authority,
unless, having regard to the information
10
accompanying the application, there are good
reasons not to do so.
(2) If the Secretary renews an authority on an
application made before the authority expires, the
authority must be taken to have been renewed on
15
the day on which the current authority was due to
expire, and must be dated accordingly.
(3) If the Secretary renews an authority on an
application made within 60 days after the
authority expires, the authority must be taken--
20
(a) to have been renewed on the day the
Secretary renewed the authority; and
(b) not to have been in force between the expiry
of the authority and the renewal of the
authority.
25
(4) If the Secretary refuses to renew an authority, the
Secretary must--
(a) notify the applicant--
(i) of his or her decision; and
(ii) about how the applicant may seek
30
review of the Secretary's decision; and
(b) give the applicant a statement of reasons for
refusing to renew the authority.
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(5) A notification under sub-section (4)(a) and a
statement of reasons given under sub-section
(4)(b) must be--
(a) in writing; and
(b) given to the applicant within 14 days of the
5
Secretary deciding to refuse the application.
53. Period and date of expiry of renewed authority
(1) An authority that is renewed under this Division--
(a) may be renewed by the Secretary for a
period not exceeding 3 years that is specified
10
in the authority; and
(b) expires on the date specified in the authority.
(2) However, the Secretary may, in accordance with
Division 3, cancel or suspend the authority before
the period specified in the authority expires.
15
54. Conditions of renewed authority
Section 47 applies to an authority renewed under
this Division as if it were an authority issued
under Division 1.
55. Content of renewed authority
20
Section 50 applies to an authority renewed under
this Division as if it were an authority issued
under Division 1.
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Division 3--Suspension and Cancellation of Authorities
56. Suspension or cancellation of authority
The Secretary may suspend or cancel an authority
under this Division--
(a) if the Secretary reasonably believes any one
5
of the following grounds exists--
(i) the authority holder is no longer a fit
and proper person to hold the authority;
or
(ii) the authority was issued to the authority
10
holder or renewed on the basis of
information that was false and
misleading in a material particular; or
(iii) the authority holder has breached a
condition of their authority; or
15
(iv) the authority holder has not complied
with a provision of this Act or the
regulations; or
(v) there is a risk to the health or safety of
persons or the safety of the
20
environment if the authority is not
suspended or cancelled; or
(vi) the authority holder no longer meets the
requirements that the Secretary
considered in issuing or renewing the
25
authority (as the case requires); or
(b) by agreement between the Secretary and the
authority holder.
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57. Show cause notice
(1) On forming a belief that a ground specified in
section 56(a) exists, the Secretary must give an
authority holder written notice stating the
following--
5
(a) the action the Secretary proposes taking
under this Division; and
(b) the grounds for the proposed action; and
(c) an outline of the facts and circumstances
forming the basis for the grounds; and
10
(d) if the proposed action is suspension of the
authority, the proposed suspension period;
and
(e) an invitation to the holder to show cause,
within a period specified in the notice, why
15
the proposed action should not be taken.
(2) For the purposes of sub-section (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 authority holder.
20
58. Representations about show cause notices
If the authority holder receives a notice under
section 57(1), the holder may make written
representations to the Secretary in the period
specified in that notice showing cause why the
25
authority should not be suspended or cancelled.
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59. Ending show cause process without further action
(1) If, after considering all representations made
under section 58, the Secretary no longer believes
a ground exists to suspend or cancel the authority,
the Secretary--
5
(a) may not suspend or cancel the authority; and
(b) must, as soon as practicable, give notice to
the authority holder stating that the authority
will not be suspended or cancelled.
(2) A notice given under sub-section (1)(b) must be in
10
writing.
60. Suspension or cancellation
(1) If, after considering any representations made
under section 58, the Secretary believes that a
ground exists to suspend or cancel the authority
15
and that a suspension or cancellation of the
authority is warranted, the Secretary may--
(a) if the proposed action stated in the show
cause notice under section 57(1) was to
suspend the authority for a period specified
20
in the show cause notice, decide to 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,
25
decide to either cancel the authority or
suspend it for a period.
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(2) On suspending or cancelling an authority under
sub-section (1), the Secretary must--
(a) notify the authority holder and the relevant
practitioner registration board of--
(i) the decision to suspend or cancel the
5
authority; and
(ii) the day on which the suspension or
cancellation is to take effect; and
(b) notify the authority holder about how the
authority holder may seek review of the
10
Secretary's decision; and
(c) give the authority holder a statement of
reasons for the suspension or cancellation of
the authority.
(3) A notification to the authority holder under sub-
15
section (2)(a) and (b) and a statement of reasons
under sub-section (2)(c) must be--
(a) in writing; and
(b) given to the authority holder as soon as
practicable after the authority holder's
20
authority is suspended or cancelled.
(4) The day on which a suspension or cancellation
takes effect may be--
(a) the day on which the authority holder is
notified under sub-section (2); or
25
(b) a later day the authority holder is notified of
under that sub-section.
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(5) In this section--
"relevant practitioner registration board"
means, in relation to an authority holder who
is--
(a) a registered practitioner within the
5
meaning of the Chinese Medicine
Registration Act 2000--the Chinese
Medicine Registration Board of
Victoria established under Part 6 of that
Act;
10
(b) a registered chiropractor within the
meaning of the Chiropractors
Registration Act 1996--the
Chiropractors Registration Board of
Victoria established under Part 6 of that
15
Act;
(c) a registered dental care provider within
the meaning of the Dental Practice Act
1999--the Dental Practice Board
established under Part 6 of that Act;
20
(d) a registered medical practitioner within
the meaning of the Medical Practice
Act 1994--the Medical Practitioners
Board of Victoria established under
Part 6 of that Act;
25
(e) a medical imaging technologist, a
radiation therapy technologist or a
nuclear medicine technologist--the
Medical Radiation Technologists
Board of Victoria established under
30
section 108AL of the Health Act 1958;
(f) a registered nurse within the meaning
of the Nurses Act 1993--the Nurses
Board of Victoria established under
Part 6 of that Act;
35
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(g) a registered optometrist within the
meaning of the Optometrists
Registration Act 1996--the
Optometrists Registration Board of
Victoria established under Part 6 of that
5
Act;
(h) a registered osteopath within the
meaning of the Osteopaths
Registration Act 1996--the
Osteopaths Registration Board of
10
Victoria established under Part 6 of that
Act;
(i) a registered pharmacist within the
meaning of the Pharmacy Practice
Act 2004--the Pharmacy Board of
15
Victoria established under Part 7 of that
Act;
(j) a registered physiotherapist within the
meaning of the Physiotherapists
Registration Act 1998--the
20
Physiotherapists Registration Board of
Victoria established under Part 6 of that
Act;
(k) a registered podiatrist within the
meaning of the Podiatrists
25
Registration Act 1997--the Podiatrists
Registration Board of Victoria
established under Part 6 of that Act;
(l) a registered veterinary practitioner
within the meaning of the Veterinary
30
Practice Act 1997--the Veterinary
Practitioners Registration Board of
Victoria established under Part 6 of that
Act.
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61. Return of cancelled authority to Secretary
If the Secretary cancels an authority, the authority
holder must return the authority to the Secretary
within 14 days after being notified under section
60(2)(a) unless the holder has a reasonable
5
excuse.
Penalty: 20 penalty units.
62. Immediate suspension of authority in urgent
circumstances
(1) In this section, urgent circumstances exist if a
10
ground exists to suspend or cancel an authority
and it is necessary, to protect the health or safety
of persons or the environment from the harmful
effects of radiation, to immediately suspend the
authority until the suspension or cancellation
15
procedure under sections 57 to 60 is completed.
(2) If the Secretary is satisfied that urgent
circumstances exist in respect of an authority, he
or she may decide to immediately suspend the
authority.
20
(3) On suspending an authority under sub-section (2),
the Secretary must--
(a) notify the authority holder and the relevant
practitioner registration board of the
immediate suspension; and
25
(b) notify the authority holder about how the
authority holder may seek review of the
Secretary's decision; and
(c) give the authority holder a statement of
reasons for the immediate suspension.
30
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(4) A notification to the authority holder under sub-
section (3)(a) and (b) and a statement of reasons
under sub-section (3)(c) must be--
(a) in writing; and
(b) given to the authority holder as soon as
5
practicable after the authority holder's
authority is suspended.
(5) A suspension under sub-section (2) takes effect
when the authority holder is notified under sub-
section (3)(a) of the decision to immediately
10
suspend the authority.
(6) If the Secretary gives the authority holder a show
cause notice under section 57(1) within 14 days
after the Secretary suspends an authority under
this section, the suspension remains in force until
15
the first of the following occurs--
(a) the Secretary cancels the suspension;
(b) a decision under section 60 to cancel or
suspend the authority takes effect;
(c) a decision under section 59 is made not to
20
cancel or suspend the authority.
(7) If a show cause notice under section 57(1) is not
given to an authority holder within the period
referred to in sub-section (6), the suspension
lapses at the end of that period unless the
25
Secretary has already cancelled the suspension.
(8) In this section--
"relevant practitioner registration board" has
the same meaning as in section 60(5).
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63. Effect of suspension on authorities
(1) A management licence is deemed to not be in
force for the purposes of section 12 while it is
suspended but the suspension does not affect the
licence for any other purposes.
5
(2) A use licence is deemed to not be in force for the
purposes of section 13 while it is suspended but
the suspension does not affect the licence for any
other purposes.
(3) A facility construction licence is deemed to not be
10
in force for the purposes of section 14 while it is
suspended but the suspension does not affect the
licence for any other purposes.
(4) A tester's approval is deemed to not be in force for
the purposes of section 13 or 27 while it is
15
suspended but the suspension does not affect the
tester's approval for any other purposes.
Division 4--Other Actions in Relation to Authorities
64. Transfer of management licence or facility
construction licence
20
(1) A management licence holder or a facility
construction licence holder may apply to the
Secretary for approval to transfer their licence to
another person.
(2) An application under this section must be--
25
(a) in a form approved by the Secretary; and
(b) accompanied by--
(i) any information required by the
Secretary; and
(ii) the prescribed fee (if any).
30
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(3) On receipt of an application under this section, the
Secretary may approve, or refuse to approve, the
transfer of the licence.
(4) The Secretary may refuse to approve the transfer
of the licence if the Secretary considers that--
5
(a) the person to whom the licence is to be
transferred is not a fit and proper person to
hold the licence; or
(b) it is necessary to do so in the interests of the
health or safety of persons or the safety of
10
the environment; or
(c) the application does not comply with the
requirements of this Part.
(5) The Secretary must notify the applicant within
14 days after his or her decision to approve, or
15
refuse to approve, the transfer of the licence.
(6) If the Secretary refuses to approve the transfer of
the licence, the Secretary must also--
(a) notify the applicant about how the applicant
may seek review of the Secretary's decision
20
to refuse to approve the transfer of the
licence; and
(b) give the applicant a statement of reasons for
refusing to approve the transfer of the
licence.
25
(7) A notification under this section and the statement
of reasons given under sub-section (6)(b) must be
in writing.
(8) A transfer of a licence takes effect on--
(a) the day on which it is approved by the
30
Secretary; or
(b) a date specified in the approval.
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(9) The date specified in the approval must not be a
date before the day on which the transfer of the
licence is approved.
65. Variation of authority by Secretary on his or her
own initiative
5
(1) The Secretary may vary an authority or the
conditions of an authority on his or her own
initiative.
(2) If the Secretary decides to vary an authority or the
conditions of an authority on his or her own
10
initiative, the Secretary must immediately notify
the authority holder of that decision and the
variation to the authority or the conditions of the
authority (as the case requires).
(3) The notification must--
15
(a) be in writing; and
(b) state how the authority holder may seek
review of the Secretary's decision to vary the
authority or the conditions of an authority.
(4) A variation of an authority, or to the conditions of
20
the authority, under this section takes effect
14 days after the day on which the authority
holder is notified of the variation.
66. Variation of authority by Secretary on application
of authority holder
25
(1) An authority holder may apply to the Secretary for
a variation to the authority or the conditions of an
authority.
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(2) An application under this section must be--
(a) in a form approved by the Secretary; and
(b) accompanied by--
(i) any information required by the
Secretary; and
5
(ii) the prescribed fee (if any).
(3) On receipt of an application under this section, the
Secretary may agree, or refuse to agree, to the
variation of the authority or the conditions of an
authority.
10
(4) The Secretary must notify the applicant within
14 days after his or her decision to agree or refuse
to agree to the variation of the authority or the
conditions of an authority.
(5) If the Secretary refuses to agree to the variation,
15
the Secretary must also--
(a) notify the applicant about how the applicant
may seek review of the Secretary's decision
to refuse to agree to the variation; and
(b) give the applicant a statement of reasons for
20
refusing to agree to the variation.
(6) A notification under this section and the statement
of reasons given under sub-section (5)(b) must be
in writing.
(7) If the Secretary agrees to the variation, the
25
variation takes effect on--
(a) the day on which the authority holder is
notified of the variation; or
(b) a day specified in the variation.
(8) The date specified in the variation must not be a
30
date before the day on which the variation is
agreed to be the Secretary.
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67. Surrender of authority
An authority holder may surrender their authority
by notice in writing given to the Secretary.
__________________
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PART 7--ENFORCEMENT
Division 1--Introductory
68. Definitions
In this Part--
"occupier", in relation to a place that is a vehicle,
5
means the driver or person who is in charge
of the vehicle;
"regulated activity" means any activity
conducted under or in accordance with an
authority or an exemption under section 16.
10
Division 2--Authorised Officers
69. Appointment
(1) The Secretary, by instrument, may appoint a
person employed under Part 3 of the Public
Administration Act 2004 as an authorised
15
officer.
(2) The Secretary must not appoint a person as an
authorised officer unless the Secretary is satisfied
the person is suitably qualified or trained to
exercise the powers of an authorised officer under
20
this Act.
70. Authorised officer's identity card
(1) The Secretary must issue an identity card to an
authorised officer appointed under section 69.
(2) An identity card must--
25
(a) contain the name and a photograph of the
authorised officer to whom it is issued; and
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(b) identify the authorised officer to whom it is
issued as an authorised officer under this
Act; and
(c) be signed by the Secretary.
71. Production of identity card
5
An authorised officer must produce his or her
identity card for inspection--
(a) before exercising a power under this Part; or
(b) if asked to do so by any person at any time
during the exercise of a power under this
10
Part.
72. Authorised officers must cease exercising powers if
they do not produce identity card on request
An authorised officer must not perform or
exercise a function or power under this Part if the
15
authorised officer does not immediately produce
his or her identity card after being asked to do so.
73. Authorised officers subject to Secretary's direction
(1) The Secretary may give a direction to an
authorised officer in relation to the officer's
20
performance or exercise of a function or power
under this Act.
(2) A direction under sub-section (1) may be of a
general nature or may relate to a specified matter
or specified class of matter.
25
Division 3--Entry Powers of Authorised Officers
74. Power to enter places
(1) For the purpose of monitoring compliance with
this Act or the regulations, or investigating a
possible contravention of this Act or the
30
regulations, an authorised officer may--
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(a) enter, without consent, any place that is a
non-residential premises that the authorised
officer reasonably believes is being used in
connection with a regulated activity at--
(i) any reasonable hour in the daytime; or
5
(ii) any time that those premises are open
for business;
(b) enter a public place at any time without the
consent of the occupier of the public place;
(c) enter any other place (including residential
10
premises) if--
(i) the occupier or apparent occupier of the
place consents to the entry of the place;
or
(ii) the authorised officer is authorised to
15
do so under a search warrant.
(2) For the purpose of asking the occupier of a place
that is a residential premises for consent to enter,
the authorised officer may, without the occupier's
consent or a warrant--
20
(a) enter land around residential premises at the
place to an extent that is reasonable to
contact the occupier; or
(b) enter part of the place the officer reasonably
considers members of the public ordinarily
25
are allowed to enter when they wish to
contact the occupier.
75. Procedure for entry without consent
(1) Subject to Division 4, before entering any place in
accordance with section 74(1)(a), an authorised
30
officer must--
(a) announce that he or she is an authorised
officer under this Act and is authorised to
enter that place; and
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(b) inform any person at the place of the purpose
of the entry; and
(c) give any person at the place an opportunity
to allow that entry.
(2) However, the authorised officer need not comply
5
with sub-section (1) if he or she believes on
reasonable grounds that immediate entry to the
place is needed to ensure the safety of any person.
76. Procedure for entry with consent
(1) This section applies if an authorised officer
10
intends to ask an occupier or apparent occupier of
a place to consent to that officer entering the place
in accordance with section 74(1)(c)(i).
(2) Before asking for the consent, the officer must
inform the occupier or apparent occupier--
15
(a) of the purpose of the entry; and
(b) that the occupier or apparent occupier is not
required to consent; and
(c) that the occupier or apparent occupier may
refuse to consent to the taking of--
20
(i) any thing or sample of, or from, any
thing found during a search at the
place; or
(ii) any copy or extract from a document
found during a search at the place; and
25
(d) that anything seized or taken during a search
of the place with the consent of the occupier
or apparent occupier may be used in
evidence in proceedings.
(3) If the consent is given, the authorised officer may
30
ask the occupier or apparent occupier to sign an
acknowledgment of the consent.
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(4) The acknowledgment must state--
(a) that the occupier or apparent occupier (as the
case requires) has been informed--
(i) of the purpose of the entry; and
(ii) that the occupier or apparent occupier is
5
not required to consent; and
(b) the purpose of the entry; and
(c) that the occupier or apparent occupier gives
the officer consent to enter the place and
exercise powers under this Part; and
10
(d) the time and date the consent was given.
(5) If the occupier or apparent occupier signs the
acknowledgment, the authorised officer must
immediately give a copy to the person.
Division 4--Investigation and Enforcement Powers of
15
Authorised Officers
77. General powers of authorised officers
(1) An authorised officer who enters any place under
this Part, or under this Part under an authorisation
under Part 8, may do any of the following--
20
(a) inspect, examine, or make enquiries, at the
place;
(b) examine or inspect any thing (including a
document or part of a document) at the
place;
25
(c) bring any equipment or materials to the place
that may be required;
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(d) seize any thing (including a radiation source
or a document) at the place if the authorised
officer reasonably believes--
(i) the seized thing is connected with an
alleged contravention of this Act or the
5
regulations; or
(ii) there is serious risk to the health or
safety of any person or the safety of the
environment if the thing is not seized;
(e) seize any thing (including a radiation
10
source), or take a sample of, or from, any
thing, at the place for examination, analysis,
measurement or testing;
(f) analyse, measure or test, with equipment
brought to the place or already at the place--
15
(i) any thing at the place; or
(ii) for the emission of radiation from a
radiation source at the place;
(g) seal a radiation source at the place;
(h) make a radiation source at the place
20
inoperative;
(i) take any photographs or make any audio or
visual recordings at the place;
(j) make copies of, or take extracts from, any
document kept at the place;
25
(k) use or test any equipment at the place;
(l) exercise any other power conferred on the
authorised officer by this Act;
(m) do any other thing that is reasonably
necessary for the purpose of the authorised
30
officer performing or exercising his or her
functions or powers under this Act.
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(2) In doing any thing referred to in sub-section (1),
an authorised officer may be assisted by any
person.
78. Power to direct persons to produce documents,
operate equipment, answer questions etc.
5
(1) An authorised officer who enters a place under
this Part, or under this Part under an authorisation
under Part 8, may direct a person at the place to--
(a) produce a document or part of a document
located at the place that is in the person's
10
possession or control;
(b) operate equipment to access information
from that equipment;
(c) provide a list of all persons who use
radiation sources at the place;
15
(d) answer any questions put by the authorised
officer.
(2) A person must not refuse or fail to comply with a
direction under sub-section (1) unless the person
has a reasonable excuse.
20
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(3) Before directing a person to produce a document
25
or part of a document or to answer questions
under sub-section (1), an authorised officer must
warn the person that a refusal or failure to comply
with the direction, without reasonable excuse, is
an offence.
30
Note: Before directing a person to do a thing under sub-
section (1), an authorised officer must also produce
his or her identity card for inspection if asked to do
so by any person: See section 71.
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(4) A person is not liable to be prosecuted for an
offence against sub-section (2) if the authorised
officer concerned failed to comply with section 71
and sub-section (3).
Division 5--Search Warrants
5
79. Issue of search warrants
(1) An authorised officer may apply to a magistrate
for the issue of a search warrant in relation to a
place if the authorised officer believes on
reasonable grounds that there is, or may be within
10
the next 72 hours, a particular thing (including a
document) at the place that may afford evidence
of the commission of an offence against this Act
or the regulations.
(2) A magistrate may issue the search warrant if he or
15
she is satisfied by evidence on oath, whether oral
or by affidavit, that there are reasonable grounds
for suspecting that there is, or may be within
72 hours, a particular thing (including a
document) at the place that may afford evidence
20
of the commission of an offence against this Act
or the regulations.
(3) The search warrant may authorise a named
authorised officer and any assistants the
authorised officer considers necessary--
25
(a) to enter the place or part of the place named
or described in the warrant; and
(b) to search for the thing named or described in
the warrant.
(4) In addition to any other requirement, the search
30
warrant must state--
(a) the offence suspected; and
(b) the place to be searched; and
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(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
5
time or during specified hours; and
(f) that the warrant authorises entry on only one
occasion; and
(g) a day, not later than 7 days after the warrant
is issued, on which it ceases to have effect.
10
(5) Subject to sub-section (6), a search warrant must
be issued in accordance with the Magistrates'
Court Act 1989 and in the form prescribed under
that Act.
(6) Despite section 78 of the Magistrates' Court Act
15
1989, a search warrant must not authorise an
authorised officer to arrest a person.
(7) The rules that apply to search warrants mentioned
in the Magistrates' Court Act 1989 extend and
apply to search warrants under this section.
20
80. Announcement before entry on warrant
(1) Before executing a search warrant, the authorised
officer named in the warrant, or a person assisting
the authorised officer, must--
(a) announce that he or she is authorised by the
25
warrant to enter the place; and
(b) give any person at the place an opportunity
to allow that entry.
(2) However, the authorised officer, or person
assisting the authorised officer, need not comply
30
with sub-section (1) if he or she believes on
reasonable grounds that immediate entry to the
place is needed to ensure--
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(a) the safety of any person or the environment;
or
(b) that the effective execution of the warrant is
not frustrated.
81. Copy of warrant to be given to occupier
5
If an occupier or apparent occupier is present at
the place when a search warrant is being executed,
the authorised officer must--
(a) identify himself or herself to that person by
producing his or her identity card for
10
inspection; and
(b) give that person a copy of the execution copy
of the warrant.
Division 6--Seized Things and Samples Taken
82. Authorised officers to give receipts for seized things
15
and samples taken
(1) If an authorised officer seizes a thing, or takes a
sample of, or from, a thing at a place under this
Part, the officer must give a receipt for the thing to
the person in charge of the thing or the place from
20
which it was taken.
(2) A receipt must--
(a) identify the thing seized or sample taken; and
(b) state the name of the authorised officer who
seized the thing or took the sample and the
25
reason why the thing was seized or the
sample was taken.
(3) If for any reason it is not practicable for an
authorised officer to comply with sub-section (1),
the authorised officer may--
30
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(a) leave the receipt at the place in a
conspicuous position and in a reasonably
secure way; or
(b) send the receipt, by post, to the occupier of
the place from where the thing was seized or
5
the sample was taken.
83. Copies of seized documents
(1) If an authorised officer retains possession of a
document seized from a person under this Part, the
authorised officer must give the person, within
10
21 days of the seizure, a copy of the document
certified as correct by the authorised officer.
(2) A copy of a document certified under sub-section
(1) shall be received in all courts and tribunals as
evidence of equal validity to the original.
15
84. Retention and return of seized documents or things
(1) If an authorised officer seizes a document or other
thing under this Part, the authorised officer must
take reasonable steps to return the document or
thing to the person from whom it was seized if the
20
reason for its seizure no longer exists.
(2) If the document or thing seized has not been
returned within 3 months after it was seized, the
authorised officer must take reasonable steps to
return it unless--
25
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
have not been completed; or
30
(b) the Magistrates' Court makes an order under
section 85 extending the period during which
the document or thing may be retained.
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(3) This section does not apply to a document or other
thing seized under this Part that is forfeited to the
Secretary under section 86.
85. Magistrates' Court may extend 3 month period
(1) An authorised officer may apply to the
5
Magistrates' Court--
(a) within 3 months after seizing a document or
other thing under this Part; or
(b) if an extension has been granted under this
section, before the end of the period of the
10
extension--
for an extension (not exceeding 3 months) of the
period for which the authorised officer may retain
the document or thing but so that the total period
of retention does not exceed 12 months.
15
(2) The Magistrates' Court may order such an
extension if it is satisfied that--
(a) it is in the interests of justice; and
(b) the total period of retention does not exceed
12 months; and
20
(c) retention of the document or other thing is
necessary--
(i) for the purposes of an investigation into
whether a contravention of this Act or
the regulations has occurred; or
25
(ii) to enable evidence of a contravention of
this Act or the regulations to be
obtained for the purposes of a
proceeding under this Act.
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(3) At least 7 days prior to the hearing of an
application under this section, notice of the
application must be sent to the owner of the
document or thing described in the application.
86. Forfeiture and destruction of seized things
5
(1) Any thing (including a document) that an
authorised officer has seized and retained under
this Part is forfeited to the Secretary if the
Secretary--
(a) cannot find its owner despite making
10
reasonable enquiries; or
(b) cannot return it to the owner despite making
reasonable efforts; or
(c) decides it is necessary to retain the thing to
prevent the commission of an offence against
15
this Act or the regulations.
(2) If a thing is forfeited to the Secretary under
sub-section (1)(c), the Secretary must notify (in
writing) the owner accordingly, setting out how
the owner may seek review of the decision
20
referred to in that sub-section, unless the Secretary
cannot find the owner despite making reasonable
enquiries.
87. Secretary may cause forfeited things to be destroyed
or otherwise disposed of
25
The Secretary may cause any thing that has been
seized and retained under this Part by an
authorised officer, and forfeited to the Secretary
by operation of section 86, to be destroyed or
otherwise disposed of.
30
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Division 7--Examinations, Analyses, Measurement and
Testing
88. Examination, analysis, measurement or testing of
things seized or samples taken
(1) An authorised officer who seizes a thing, or takes
5
a sample of, or from, a thing, at a place under
section 77(1)(e) or under the authority of a search
warrant may--
(a) if the authorised officer is not also a
radiation analyst, give the thing or sample to
10
a radiation analyst for examination, analysis,
measurement or testing; or
(b) if the authorised officer is also a radiation
analyst--
(i) complete a certificate of examination,
15
analysis, measurement or testing for the
thing or sample; or
(ii) give the thing or sample to a radiation
analyst for examination, analysis,
measurement or testing.
20
(2) A radiation analyst given a thing or sample under
sub-section (1) may complete a certificate of
examination, analysis, measurement or testing for
the thing or sample.
(3) If a radiation analyst completes a certificate of
25
examination and analysis under sub-section (2),
the radiation analyst must give the certificate to
the authorised officer who gave them the thing or
sample as soon as practicable after completing the
certificate.
30
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89. Examination, analysis, measurement or testing of
things, or testing for emissions of radiation, at a
place
An authorised officer who is a radiation analyst
and who--
5
(a) examines, analyses, measures or tests any
thing at a place under section 77(1); or
(b) analyses, measures or tests for the emission
of radiation from a radiation source at a
place under section 77(1)--
10
may complete a certificate of examination and
analysis for the thing or emission of radiation
from a radiation source.
90. Certificates must indicate methodology used
A certificate of examination and analysis must
15
include information about the methodology used
to conduct the analysis, measurement or testing.
Division 8--Miscellaneous
91. Offence to impersonate an authorised officer
A person who is not an authorised officer must
20
not, in any way, hold himself or herself out to be
an authorised officer.
Penalty: 60 penalty units.
__________________
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Part 8--Radiation Emergencies
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PART 8--RADIATION EMERGENCIES
92. Definition
In this Part--
"radiation event" means an incident or event
which results, or may result, in the emission
5
of radiation from a radiation source.
93. Secretary to give authorisation for exercise of
emergency powers
If the Secretary believes on reasonable grounds
that a radiation event has occurred that poses, or
10
may occur that would pose, a serious risk to the
health or safety of persons or the safety of the
environment, the Secretary may give an
authorisation to an authorised officer in relation to
the radiation event.
15
94. How may an authorisation be given?
(1) An authorisation under this Part may be given
orally or in writing.
(2) If the authorisation is given orally, it must be
confirmed in writing as soon as reasonably
20
practicable.
(3) An authorisation must--
(a) state that it is given under this Part; and
(b) generally describe the radiation event to
which it relates; and
25
(c) if the radiation event has occurred, name or
describe the place at which the radiation
event has occurred; and
(d) specify the time at which it is given; and
(e) specify the period of time it is in force.
30
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95. Extension of period of time authorisation is in force
(1) Subject to this section, the Secretary may extend
the period of time of an authorisation under this
Part.
(2) An authorisation under this Part may only be
5
extended before the period of time it is in force
expires.
(3) The Secretary must not extend the period of time
of an authorisation under this Part unless he or she
believes on reasonable grounds that the radiation
10
event to which the authorisation relates will
continue to pose a serious risk to the health or
safety of persons or the safety of the environment
after the expiry of the period of time the
authorisation is in force.
15
96. What is authorised?
(1) An authorisation may authorise an authorised
officer to--
(a) direct a person or group of people to enter,
not to enter or to leave any particular place;
20
and
(b) subject to sub-section (3), detain a person
(whether alone or with others); and
(c) direct a person to submit to decontamination
procedures carried out by a person specified
25
by the authorised officer; and
(d) direct the owner or occupier of a place to
decontaminate the place; and
(e) enter a place and exercise any or all of the
powers the authorised officer has under
30
section 77(1) or 78(1) at that place;
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(f) dispose of, or destroy, any radiation source
that caused the radiation incident or any
other thing seized that has been
contaminated by radiation as a result of the
radiation event; and
5
(g) give any direction to a person that is
reasonable or necessary to protect the health
or safety of another person or the safety of
the environment.
(2) An authorised officer must facilitate any
10
reasonable request for communication made by a
person subject to detention under sub-section
(1)(b).
(3) An authorised officer may only detain a person--
(a) to cause tests to be conducted on the person
15
to determine whether, by reason of the
radiation event, the person has been
contaminated and poses a serious risk to the
health or safety of another person or the
safety of the environment; and
20
(b) if the person is contaminated such that they
pose a serious risk to the health or safety of
another person or the safety of the
environment, to prevent the person
contaminating other persons or the
25
environment.
(4) In doing any thing referred to in sub-section (1),
an authorised officer may be assisted by any
person.
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(5) A person must not refuse or fail to comply with a
direction under sub-section (1)(a), (c), (d) or (g)
unless the person has a reasonable excuse.
Penalty: In the case of a natural person,
60 penalty units;
5
In the case of a body corporate,
300 penalty units.
97. Authorised officers to display identity cards at all
times when exercising emergency powers
(1) An authorised officer must at all times display his
10
or her identity card when exercising a power
under an authorisation.
(2) However, if it is impracticable for an authorised
officer to display his or her identity card when
exercising a power under an authorisation, the
15
authorised officer need not do so.
98. Use of reasonable and necessary force
(1) If a person refuses to comply with a direction
given under this Part, an authorised officer or a
person assisting the authorised officer may request
20
a member of the police force to use reasonable
and necessary force to ensure compliance with
that direction.
(2) If requested to do so under sub-section (1), a
member of the police force may use reasonable
25
and necessary force to ensure compliance with a
direction under this Part.
99. Compensation
(1) A person who suffers loss as a result of the giving
of an authorisation to an authorised officer under
30
this Part, may apply to the Secretary for
compensation if the person considers that there
were insufficient grounds for the giving of that
authorisation.
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(2) If there were insufficient grounds for the giving of
an authorisation to an authorised officer under this
Part, the Secretary is to pay just and reasonable
compensation to the applicant.
(3) The Secretary is to send written notification of his
5
or her determination as to the payment of
compensation under this section to each applicant
for the payment of compensation.
(4) If the Secretary has not determined an application
for compensation under this section within--
10
(a) 28 days of receiving the application; or
(b) the period agreed to by the Secretary and the
applicant for the payment of compensation
under sub-section (5)--
the Secretary is taken to have refused to pay any
15
compensation.
(5) The Secretary and the applicant for the payment
of compensation may agree that the Secretary may
determine the applicant's application for the
payment of compensation within a period that
20
is greater than the 28 days specified in sub-
section (4)(a).
(6) An applicant for the payment of compensation
under this section who is dissatisfied with a
determination by the Secretary as to the refusal to
25
pay compensation or as to the amount of
compensation may apply to the Magistrates' Court
for a review of the determination--
(a) within 28 days after the day on which
notification of the determination was
30
received; or
(b) in a case to which sub-section (4) applies,
within 28 days after the relevant period.
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(7) In sub-section (6)(b)--
"relevant period" means--
(a) 28 days after the Secretary receives the
application for the payment of
compensation; or
5
(b) the period agreed to by the Secretary
and the applicant for the payment of
compensation under sub-section (5).
(8) If the amount of compensation sought exceeds the
jurisdictional limit of the Magistrates' Court, the
10
application under sub-section (6) is to be made to
the Supreme Court.
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s. 100
PART 9--REVIEW OF DECISIONS
100. Definitions
In this Part--
"eligible person" means--
(a) an applicant for an authority under
5
section 37;
(b) an authority holder;
(c) the owner of a thing seized under Part 7
and forfeited to the Secretary under
section 86 because of a decision under
10
section 86(1)(c);
"relevant applicant or licensee" means--
(a) an applicant for--
(i) a facility construction licence; or
(ii) a management licence to conduct
15
a radiation practice at a radiation
facility; or
(b) a facility construction licence holder; or
(c) a management licence holder who
conducts a radiation practice at a
20
radiation facility under a management
licence;
"reviewable decision" means--
(a) in relation to an eligible person who is
an applicant for an authority under
25
section 37, a decision made under
section 43 to refuse to issue an
authority;
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(b) in relation to an eligible person who is
an authority holder--
(i) a decision made under Division 1
of Part 6 to impose a condition on
the authority holder's authority;
5
(ii) a decision made under section 52
not to renew an authority;
(iii) a decision made under Division 2
of Part 6 to impose a condition on
an authority that is renewed under
10
that Division;
(iv) a decision under section 60 or 62
to suspend or cancel an authority;
(v) a decision made under section 64
to refuse to transfer a management
15
licence or a facility construction
licence;
(vi) a decision made under section 65
or 66 to vary an authority, or the
conditions of, an authority;
20
(c) in relation to a person who is the owner
of a thing seized under Part 7 and
forfeited to the Secretary under
section 86, a decision made by the
Secretary under section 86(1)(c) that
25
results in the forfeiture of that thing to
the Secretary.
101. Review
(1) An eligible person in relation to a reviewable
decision may apply to the Secretary for a review
30
of the decision.
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(2) An application for review must be made within
28 days after the later of--
(a) the day on which the applicant was notified
of the decision; and
(b) the day on which the eligible person is
5
notified by the Secretary of the eligible
person's right to a review.
(3) The Secretary must, on receiving an application,
review the reviewable decision.
(4) The Secretary may--
10
(a) make a decision affirming, varying or
revoking the reviewable decision; and
(b) if the Secretary revokes the decision, make
such other decision as the Secretary
considers appropriate under the provision
15
under which the reviewable decision was
made.
(5) The Secretary must--
(a) notify an applicant for review in writing of
his or her decision within 28 days after he or
20
she receives the application for review; and
(b) at the same time give a statement of reasons,
in writing, for his or her decision to the
applicant for review.
(6) If the Secretary does not make a decision within
25
28 days after he or she receives the application for
review, the Secretary is deemed to have affirmed
the decision.
(7) The Secretary must inform an applicant for review
(other than a relevant applicant or licensee) in
30
writing of the applicant's right to external review
under section 102.
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102. VCAT review of certain decisions of Secretary
(1) An eligible person (other than a relevant applicant
or licensee) whose interests are affected by a
decision of the Secretary under section 101 may
apply to the Tribunal for review of the decision.
5
(2) An authority holder (other than a relevant
applicant or licensee) whose authority is
suspended or cancelled under section 60 or 62
may apply to the Tribunal for review of the
decision of the Secretary to suspend or cancel
10
their authority.
(3) An application for review must be made within
28 days after the latest of--
(a) the day on which the decision is made; and
(b) in the case of--
15
(i) an eligible person referred to in sub-
section (1), the day on which the person
is informed by the Secretary of the
person's right to an external review
under section 101; or
20
(ii) an authority holder referred to in sub-
section (2), the day on which the person
is notified by the Secretary of the
holder's right to an external review
under this section; and
25
(c) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons if given to the person or the person is
30
informed under section 46(5) of that Act that
a statement of reasons will not be given.
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Part 10--The Radiation Advisory Committee
s. 103
PART 10--THE RADIATION ADVISORY COMMITTEE
103. Radiation Advisory Committee
The Radiation Advisory Committee is established.
104. Membership
(1) The Committee consists of at least 5 members
5
appointed by the Minister.
(2) A member is appointed for the term, not
exceeding 3 years, specified in the instrument of
appointment, but is eligible for re-appointment.
(3) Subject to sub-sections (4) and (5), a member is
10
appointed on the terms and conditions that are
specified in the instrument of appointment.
(4) The Minister may remove a member from office
at any time.
(5) A member may resign from office by notice in
15
writing signed by him or her and delivered to the
Minister.
(6) A member is entitled to be paid the fees and
allowances from time to time determined by the
Governor in Council.
20
(7) The Public Administration Act 2004 (other than
Part 5 or except in accordance with Part 7 of that
Act) does not apply to a member in respect of the
office of member.
105. Acting appointments
25
(1) The Minister may appoint a person to act in the
place of a member who is absent from duty or
who, for any other reason, is unable to perform the
duties of the office.
(2) An acting member is appointed for the term, and
30
on such other terms and conditions, as are
specified in the instrument of appointment.
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(3) A person appointed under sub-section (1) has all
the powers, and may perform all the duties, of the
member for whom he or she is acting.
(4) The Minister may at any time terminate an acting
appointment.
5
106. Proceedings of the Committee
Subject to this Act, the Committee may regulate
its own proceedings.
107. Function of the Committee
(1) The function of the Committee is to consider,
10
advise and report to the Minister or the Secretary
on any matter relating to the administration of this
Act or the regulations referred to it by the Minister
or the Secretary.
(2) Without limiting sub-section (1), the Minister or
15
the Secretary may refer the following kinds of
matters to the Committee to consider, advise and
report on--
(a) the promotion of radiation safety procedures
and practices;
20
(b) recommending the criteria for the licensing
of persons to use radiation sources and the
qualifications, training or experience
required by those persons to do so;
(c) recommending which radiation sources
25
should be prescribed as prescribed radiation
sources;
(d) the radiation safety standards to be specified
under section 29;
(e) the nature, extent and frequency of tests to be
30
conducted on prescribed radiation sources
and the specification of radiation safety tests
under section 30;
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(f) codes of practice, standards or guidelines
with respect to particular radiation sources,
radiation practices or uses.
108. Consultation in carrying out its function
In carrying out its function, the Committee may
5
consult with or consider submissions from any
person or body.
109. Assistance
(1) The Committee may, with the consent of the
Minister, request a person to assist the Committee
10
with the Committee's work or a sub-committee of
the Committee with the sub-committee's work.
(2) A person who assists the Committee or a sub-
committee of the Committee under sub-section (1)
is entitled to be paid the fees and allowances from
15
time to time determined by the Governor in
Council.
110. Annual reports
The Committee must give the Minister a report on
its activities during a financial year no later than
20
1 November following that year.
111. Minister to lay annual reports before Houses of
Parliament
The Minister must cause every report under
section 110 to be laid before each House of the
25
Parliament as soon as practicable after it is
received.
__________________
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PART 11--GENERAL
Division 1--Radiation Analysts
112. Appointment of radiation analysts
(1) The Secretary, by instrument, may appoint a
person as a radiation analyst. The person
5
appointed need not be a person employed under
Part 3 of the Public Administration Act 2004.
(2) The Secretary may appoint a person as a radiation
analyst only if the Secretary considers the person
has the necessary expertise or experience to be a
10
radiation analyst.
113. Radiation analyst's terms and conditions
(1) A radiation analyst holds office on the terms and
conditions specified in the instrument of
appointment.
15
(2) The Secretary may revoke an appointment at any
time.
(3) A radiation analyst ceases to hold office--
(a) if the appointment provides for a term of
appointment--at the end of the term; or
20
(b) as provided for in the terms and conditions
specified in the instrument of appointment;
or
(c) if the Secretary revokes his or her
appointment under sub-section (2).
25
(4) A radiation analyst may resign by signed notice of
resignation given to the Secretary.
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114. Functions of radiation analysts
A radiation analyst has the following functions
certifying the results of examinations, analyses,
measurements or tests conducted--
(a) to decide the type, activity concentration or
5
activity of a radionuclide present that is, or
was, in a thing or a sample of, or from, a
thing;
(b) to decide the type, and energy spectrum, of
radiation that is, or was, being emitted, and
10
rate at which the radiation is, or was, being
emitted, from a thing or a sample of, or from,
a thing;
(c) to calculate the amount of radiation to which
a person has, or may have, been exposed or
15
which a person has, or may have, received
from a radiation source.
Division 2--Other Offences
115. Tampering with radiation sources sealed by
authorised officers
20
(1) A person must not open, alter, break or remove
any seal placed on a radiation source by an
authorised officer unless the person has a
reasonable excuse.
Penalty: In the case of a natural person,
25
600 penalty units;
In the case of a body corporate,
3000 penalty units.
(2) An offence under this section is an indictable
offence.
30
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116. False and misleading information
(1) A person must not knowingly give the Secretary
or an authorised officer information that is false or
misleading in a material particular.
Penalty: In the case of a natural person,
5
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
(2) An offence under this section is an indictable
offence.
10
117. Offence to hinder or obstruct an authorised officer
A person must not hinder or obstruct an
authorised officer who is exercising a power under
this Act unless the person has a reasonable excuse.
Penalty: 60 penalty units.
15
Division 3--Infringements
118. Definition
In this Division--
"prescribed offence" means an offence against
this Act or the regulations which is
20
prescribed for the purposes of this Division.
119. Power to serve a notice
(1) The Secretary may serve an infringement notice
on any person that he or she has reason to believe
has committed a prescribed offence.
25
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the person; or
(b) by sending it by post addressed to the
person's last known place of residence or
30
business.
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120. Form of notice
An infringement notice must contain the
prescribed particulars--
(a) the date of the notice;
(b) that the alleged offence is a prescribed
5
offence within the meaning of section 118;
(c) the nature, and a brief description, of the
alleged offence;
(d) the date, time and place of the alleged
offence;
10
(e) the infringement penalty for the alleged
offence;
(f) the manner in which the infringement
penalty may be paid;
(g) the time (being not less than 28 days after the
15
date on which the notice is served) within
which the infringement penalty must be paid;
(h) that, if the amount of the infringement
penalty is paid before the end of the time
specified in the notice, the matter will not be
20
brought before the Magistrates' Court unless
the notice is withdrawn within 28 days after
the date on which it was served;
(i) that the person is entitled to disregard the
notice and defend any proceedings in respect
25
of the offences in the Magistrates' Court;
(j) any other prescribed particulars.
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121. Infringement penalties
The infringement penalty for an offence against a
prescribed offence is the lesser of--
(a) 10 penalty units; or
(b) one fifth of the maximum penalty that could
5
be imposed by a court for the prescribed
offence.
122. Late payment of penalty
The Secretary may accept payment of the
infringement penalty even after the expiration of
10
the time for payment stated in the infringement
notice if--
(a) a charge has not been filed in respect of the
offence to which the infringement penalty
relates; and
15
(b) the infringement notice has not been
withdrawn.
123. Withdrawal of notice
(1) The Secretary may withdraw an infringement
notice at any time within 28 days after the date on
20
which the notice was served by serving a
withdrawal notice on the person served with the
infringement notice.
(2) A withdrawal notice may be served on a person--
(a) by delivering it personally to the person; or
25
(b) by sending it by post addressed to the
person's last known place of residence or
business.
(3) An infringement notice may be withdrawn even if
the infringement penalty has been paid.
30
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(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid must be
refunded and the Consolidated Fund is, to the
necessary extent, appropriated accordingly.
124. Payment expiates offence
5
If an infringement notice is not withdrawn and the
infringement penalty is paid within the time for
payment stated in the notice or is accepted in
accordance with section 122 then--
(a) the person on whom the notice was served
10
has expiated the offence by that payment;
and
(b) no proceedings may be taken against that
person in respect of that offence; and
(c) no conviction is to be taken to have been
15
recorded against that person for that offence.
125. Payment not to have certain consequences
(1) The payment of an infringement penalty under
this Division is not and must not be taken to be--
(a) an admission of guilt in relation to the
20
offence; or
(b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence and the payment does
not in any way affect or prejudice any such
25
claim or proceeding.
(2) The payment of an infringement penalty under
this Division must not be referred to in any report
provided to a court for the purpose of determining
sentence for an offence.
30
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126. Prosecution after service of infringement notice
A charge may be filed in respect of an offence to
which an infringement notice relates if--
(a) the infringement penalty has not been paid
within the time for payment stated in the
5
notice or in accordance with section 122; or
(b) the notice is withdrawn.
Division 4--Provisions Relating to Offences
127. Self-incrimination
(1) A natural person is not excused from complying
10
with a direction of an authorised officer given
under section 78, or an authorisation under Part 8,
on the ground that to do so may result in
information being provided that might incriminate
the person.
15
(2) Any information provided by a natural person
in complying with a direction given under
section 78, or an authorisation under Part 8, is not
admissible in evidence against the person in
criminal proceedings other than in proceedings in
20
respect of the provision of false information.
(3) Despite sub-section (2), any information provided
by a natural person in complying with a direction
given under section 78, or an authorisation under
Part 8, that is contained in any document that is
25
required to be kept by any law is admissible in
evidence against the person in criminal
proceedings.
128. Offences by corporations
(1) If a corporation commits an offence against this
30
Act or the regulations, each officer of the
corporation is to be taken to have committed that
offence if the officer knowingly authorised or
permitted the commission of that offence.
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(2) An officer of a corporation may be proceeded
against under this Act pursuant to this section
whether or not the corporation has been proceeded
against under this Act.
(3) Nothing in this section affects the liability of a
5
corporation for the commission of an offence
against this Act or the regulations.
(4) In this section--
"officer" means a director of the corporation or a
person who is otherwise concerned in its
10
management.
129. Time within which proceedings for offences may be
brought
(1) Despite section 26 of the Magistrates' Court Act
1989, proceedings for a summary offence against
15
this Act or the regulations may be commenced
within 3 years of the commission of the alleged
offence or a further period being within 1 year
after the day on which the Secretary first obtains
evidence of the commission of the alleged offence
20
considered sufficient by the Secretary to warrant
commencing proceedings.
(2) For the purposes of sub-section (1), a certificate
given by the Secretary as to the date on which the
Secretary first obtained evidence considered
25
sufficient to warrant commencing proceedings is
to be taken to be evidence of that fact.
130. Evidence of signatures
A signature purporting to be the signature of the
Minister, the Secretary, an authorised officer or a
30
radiation analyst is evidence of the signature it
purports to be.
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131. Evidentiary certificates
(1) In any proceeding for an offence against this Act
or the regulations, a certificate signed by the
Secretary stating any of the following matters is
evidence of the matter--
5
(a) a stated document is one of the following
things made, given or issued under this Act
or the regulations--
(i) an appointment or a decision;
(ii) a notice, direction or requirement;
10
(iii) an authority;
(iv) a record or an extract from a record;
(v) the register or an extract from the
register;
(b) a stated document is a copy of a thing
15
referred to in paragraph (a);
(c) on a stated day, or during a stated period, a
stated person was or was not the holder of an
authority;
(d) on a stated day, or during a stated period, an
20
authority--
(i) was or was not in force; or
(ii) was or was not subject to a stated
condition;
(e) on a stated day, or during a stated period, an
25
authority was suspended;
(f) on a stated day an authority was cancelled,
varied, transferred or surrendered;
(g) on a stated day, or during a stated period, an
appointment as an authorised officer or a
30
radiation analyst was, or was not, in force for
a stated person;
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(h) on a stated day, a stated person was given a
stated notice or direction under this Act;
(i) on a stated day, a stated requirement was
made of a stated person;
(j) a stated amount is payable under this Act by
5
a stated person and has not been paid.
(2) A certificate of examination and analysis signed
by a radiation analyst stating any of the following
matters is evidence of the matters--
(a) the analyst's qualifications;
10
(b) the analyst took, or received from a stated
person, a thing or sample;
(c) a thing or sample was examined, analysed,
measured or tested at a stated place on a
stated day or during a stated period;
15
(d) the methodology used to examine, analyse,
measure or test a thing or sample;
(e) the results of the examination, analysis,
measurement or test;
(f) the type, activity concentration or activity of
20
a radionuclide present that is, or was, in a
thing or a sample of, or from, a thing;
(g) the type, and energy spectrum, of radiation
emission, and the rate of radiation emission,
from a radiation source, at a stated place on
25
stated day or during a stated period;
(h) the amount of radiation to which a person
has, or may have, been exposed to or
received at a stated place on a stated day or
during a stated period.
30
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(3) In any proceeding for an offence against this Act
or the regulations where an application for an
order under section 86 of the Sentencing Act
1991 is made, a certificate signed by the Secretary
stating that costs were incurred for--
5
(a) a clean up following an incident involving
the emission of radiation from a radiation
source;
(b) the storage of a radiation source;
(c) destroying or disposing of a radiation
10
source--
and the way in which, and purpose for which, they
were incurred, is evidence of the matters stated.
Division 5--Compensation and Recovery of Costs
132. Orders for compensation and the recovery of
15
certain costs immediately after a finding of guilt
(1) For the purposes of this Act, in section 86 of the
Sentencing Act 1991--
(a) "loss" includes--
(i) the reasonable costs of a clean up
20
following an incident involving the
emission of radiation from a radiation
source;
(ii) the reasonable costs for the storage of a
radiation source;
25
(iii) the reasonable costs of destroying or
otherwise disposing of a radiation
source or any thing that has been
contaminated by the emission of
radiation from a radiation source;
30
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(b) "compensation for the loss" and "value of
the property lost" includes the estimated
costs to--
(i) complete a clean up or part of a clean
up following an incident involving the
5
emission of radiation from a radiation
source;
(ii) store a radiation source;
(iii) destroy or otherwise dispose of a
radiation source or any thing that has
10
been contaminated by the emission of
radiation from a radiation source.
(2) The court may only make an order against a
person under section 86 of the Sentencing Act
1991 with respect to an offence against this Act or
15
the regulations if it is satisfied that the person was
served with notice of--
(a) the applicant's intention to make the
application; and
(b) the amount and details of the amount sought
20
by the applicant--
at least 28 days before the application is made.
(3) The applicant may use an affidavit by any witness
or an affidavit as to particular facts if--
(a) the applicant served notice of intention to use
25
the affidavit with a copy of the affidavit
attached on the person at least 28 days before
the application is made; and
(b) the person did not serve notice of objection
to the use of the affidavit on the applicant at
30
least 14 days before the application is made.
(4) The court may make an order even though the
amount of the order exceeds the upper monetary
limit of the court's civil jurisdiction.
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(5) If--
(a) an order of the court includes an amount for
estimated costs; and
(b) the costs incurred are less than the estimated
costs--
5
the applicant must refund the difference to the
person.
(6) A person entitled to a refund may recover the
refund in any court of competent jurisdiction as a
debt due to the person.
10
(7) Any money recovered by the Secretary under this
section is to be paid into the Consolidated Fund.
(8) Any sum required by the Secretary to refund a
person under this section is to be paid out of the
Consolidated Fund and the Consolidated Fund is,
15
to the necessary extent, appropriated accordingly.
(9) If any property of the Crown or resource of the
State is damaged or injured in the course of the
commission of an offence against this Act or the
regulations, the Secretary may make an
20
application under section 86 of the Sentencing
Act 1991 on behalf of the Crown.
133. Cost recovery by Secretary in certain cases where
persons do not comply with a direction
(1) If a person given a direction by an authorised
25
officer under section 96(1)(d) or (g) fails or
refuses to comply with the direction, the
Secretary, or a person authorised by the Secretary,
may do the thing the person was directed to do.
(2) Any reasonable costs incurred by the Secretary, or
30
a person authorised by the Secretary, in doing the
thing referred to in sub-section (1), are a debt
payable to the Secretary by the person given the
direction.
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(3) The Secretary may recover the costs referred to in
sub-section (2) in a court of competent
jurisdiction.
Division 6--Reporting
134. Annual report
5
(1) The Secretary, in respect of each financial year,
must publish a report that--
(a) describes the activities of the Secretary under
this Act; and
(b) includes a summary of all authorities issued,
10
renewed, suspended, cancelled, varied,
transferred or surrendered during that year;
and
(c) includes all radiation incidents investigated
in that year; and
15
(d) includes a summary of all prosecutions for
offences against this Act or the regulations
commenced in that year; and
(e) includes any other prescribed matter.
(2) The report must be published no later than
20
1 November following that year.
135. Secretary to notify CEO of ARPANSA of prescribed
radiation incidents
The Secretary, on becoming aware of a prescribed
radiation incident, must notify the Chief Executive
25
Officer within the meaning of the Australian
Radiation Protection and Nuclear Safety Act 1998
of the Commonwealth of that incident.
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Division 7--Miscellaneous
136. Disclosure of information to other agencies
(1) The Secretary may disclose information that he or
she, or an authorised officer, collects or is given
under this Act or the regulations to--
5
(a) the Health Services Commissioner appointed
under section 5 of the Health Services
(Conciliation and Review) Act 1987;
(b) a relevant practitioner registration board;
(c) the Health Insurance Commission
10
established by section 4 of the Health
Insurance Commission Act 1974 of the
Commonwealth;
(d) the Environment Protection Authority
established by section 5 of the Environment
15
Protection Act 1970;
(e) the Victorian WorkCover Authority
established by section 18 of the Accident
Compensation Act 1985;
(f) the Secretary to the Department of Primary
20
Industries;
(g) the Secretary to the Department of
Sustainability and Environment;
(h) a person or body established under a law of
another jurisdiction that has functions or
25
powers that correspond to the functions or
powers of the Secretary under this Act or a
person or body referred to in paragraphs (a)
to (e);
(i) a person or body established under a law of
30
another jurisdiction that has functions or
powers relating to radiation safety (other
than a person or body referred to in
paragraphs (a) to (e) and (h)).
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(2) The Secretary may only disclose information in
accordance with this section for the purpose of--
(a) fulfilling his or her functions under this Act
or the regulations;
(b) assisting a person or body referred to in sub-
5
section (1)(a) to (i) to fulfil their functions.
(3) In this section--
"relevant practitioner registration board"
means--
(a) the Chinese Medicine Registration
10
Board of Victoria established under
Part 6 of the Chinese Medicine
Registration Act 2000;
(b) the Chiropractors Registration Board of
Victoria established under Part 6 of the
15
Chiropractors Registration Act 1996;
(c) the Dental Practice Board established
under Part 6 of the Dental Practice Act
1999;
(d) the Medical Practitioners Board of
20
Victoria established under Part 6 of the
Medical Practice Act 1994;
(e) the Medical Radiation Technologists
Board of Victoria established under
section 108AL of the Health Act 1958;
25
(f) the Nurses Board of Victoria
established under Part 6 of the Nurses
Act 1993;
(g) the Optometrists Registration Board of
Victoria established under Part 6 of the
30
Optometrists Registration Act 1996;
(h) the Osteopaths Registration Board of
Victoria established under Part 6 of the
Osteopaths Registration Act 1996;
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(i) the Pharmacy Board of Victoria
established under Part 7 of the
Pharmacy Practice Act 2004;
(j) the Physiotherapists Registration Board
of Victoria established under Part 6 of
5
the Physiotherapists Registration Act
1998;
(k) the Podiatrists Registration Board of
Victoria established under Part 6 of the
Podiatrists Registration Act 1997;
10
(l) the Veterinary Practitioners
Registration Board of Victoria
established under Part 6 of the
Veterinary Practice Act 1997.
137. Secretary and authorised officers need not be
15
licensed to exercise powers or perform duties
The Secretary, or an authorised officer, are not
required to hold any authority to exercise any
power or perform any duty under this Act or the
regulations.
20
138. Register
(1) The Secretary must establish and maintain a
register of--
(a) declarations in force made under section 4;
and
25
(b) exemptions granted under section 16; and
(c) authorities issued or renewed under
Divisions 1 or 2 of Part 6; and
(d) authorities suspended or cancelled under
Division 3 of Part 6; and
30
(e) facility construction licences and
management licences transferred under
Division 4 of Part 6; and
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(f) authorities that have been varied and the
variations of conditions of authorities under
Division 4 of Part 6; and
(g) authorities surrendered under Division 4 of
Part 6.
5
(2) The register must contain the information that is
prescribed.
139. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
10
(a) the matters or things contained in the NDRP;
(b) the prescription of a facility as a radiation
facility;
(c) requiring authority holders and persons who
were authority holders to keep information
15
or records specified by the regulations--
(i) in a specified manner or form specified
by the regulations; and
(ii) for periods of time specified by the
regulations;
20
(d) requiring authority holders and persons who
were authority holders to give information or
records specified by the regulations to the
Secretary;
(e) radiation dose limits that may be received by
25
a person;
(f) regulating the transportation and storage of
radiation sources;
(g) regulating the securing and sealing of
radiation sources;
30
(h) regulating the disposal and destruction of
radiation sources;
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(i) regulating the personal monitoring of
persons exposed or likely to be exposed to
radiation emitted from a radiation source;
(j) regulating the supply and use of personal
monitoring devices;
5
(k) giving the Secretary access to records
relating to personal monitoring or exposure
to radiation emitted from a radiation source;
(l) the examination, testing, analysis,
maintenance, repair and labelling of
10
radiation sources;
(m) regulating the supply of protective clothing
or equipment or the use of protective
clothing or equipment in the vicinity of a
radiation source;
15
(n) regulating the use of radiation sources or
exposure to radiation emitted from radiation
sources;
(o) prescribing action to be taken in
circumstances where--
20
(i) a person has been subject to an
excessive dose of radiation emitted
from a radiation source;
(ii) there has been contamination of a place
by the emission of radiation from a
25
radiation source;
(p) generally protecting persons from the effects
caused by or relating to radiation emitted
from a radiation source, including--
(i) safeguarding the health of persons at a
30
place, or in the vicinity of a place,
where there is a radiation source;
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(ii) requiring special facilities, equipment
and radiation safety precautions to be
adopted or implemented at a place
where there is a radiation source;
(q) regulating the use of equipment that is
5
ancillary to a radiation source;
(r) radiation safety officers, including their
appointment, functions, duties and
qualifications;
(s) the surrender or delivery to the Secretary of a
10
radiation source and the circumstances of
that surrender or delivery;
(t) information to be given to the Secretary
about radiation incidents;
(u) the date of expiry of certificates of
15
compliance;
(v) the imposition of duties on approved testers;
(w) fees for the purposes of this Act and the
refund or waiver of such fees;
(x) any matter or thing required or permitted to
20
be prescribed or necessary to be prescribed
to give effect to this Act.
(2) The regulations may--
(a) be of general or of limited application; and
(b) differ according to differences in time, place
25
or circumstance; and
(c) apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification, or method, formulated,
issued, prescribed or published by any
30
person whether--
(i) wholly or partially or as amended by
the regulations; or
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(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time; and
5
(d) confer a discretionary authority or impose a
duty on a specified person or a specified
class of person; and
(e) provide in a specified case or class of case
for the exemption of people or things from
10
any of the provisions of this Act or the
regulations, whether unconditionally or on
specified conditions, and either wholly or to
such an extent as is specified; and
(f) if this section authorises or requires
15
regulations that regulate any matter or thing,
prohibit that matter or thing or any aspect of
that matter or thing;
(g) impose a penalty not exceeding 20 penalty
units for a contravention of the regulations.
20
(3) A power conferred by this Act to make
regulations providing for the imposition of fees
may be exercised by providing for all or any of
the following matters--
(a) specific fees;
25
(b) the payment of fees either generally or under
specified conditions or in specified
circumstances;
(c) the reduction, waiver or refund, in whole or
in part, of the fees.
30
(4) A fee imposed by the regulations in relation to the
issue or renewal of an authority may be more than
the amount that is related to the cost of providing
a service in relation to the issue or renewal of the
authority.
35
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s. 139
(5) If under sub-section (3)(c) regulations provide for
a reduction, waiver or refund, in whole or in part,
of a fee, the reduction, waiver or refund may be
expressed to apply either generally or
specifically--
5
(a) in respect of certain authorities or classes of
authorities; or
(b) when an event happens; or
(c) in respect of certain persons or classes of
persons; or
10
(d) in respect of any combination of such
authorities, events or persons--
and may be expressed to apply subject to specified
conditions or in the discretion of any specified
person or body.
15
__________________
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Act No.
Part 12--Savings, Transitionals and Amendment of Acts
s. 140
PART 12--SAVINGS, TRANSITIONALS AND AMENDMENT
OF ACTS
Division 1--Amendment of Acts
See:
140. Repeal of Health Act 1958 radiation provisions Act No.
6270.
Sections 108AA to 108AK of the Health Act
5 Reprint No. 10
1958 are repealed. as at
1 July 2002
and
amending
Act Nos
48/1988,
46/2003,
36/2004,
108/2004,
12/2005 and
42/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
141. Dangerous Goods Act 1985--Consequential Act No.
amendment 10189.
Reprint No. 6
For section 9(a) of the Dangerous Goods Act as at
27 July 2005
1985 substitute--
10 and
amending
"(a) a radiation source within the meaning of the Act Nos
Radiation Act 2005;". 67/2004 and
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
105
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Act No.
Part 12--Savings, Transitionals and Amendment of Acts
s. 142
142. Environment Protection Act 1970--Consequential
See:
amendment
Act No.
8056.
Reprint No. 14 In section 2(2) of the Environment Protection
as at
Act 1970, for "any radio-active substance or
1 July 2002
and radiation apparatus within the meaning of
5 amending
Division 2AA of Part V of the Health Act 1958"
Act Nos
37/2002, substitute "a radiation source within the meaning
59/2003,
of the Radiation Act 2005".
10/2004,
81/2004,
107/2004,
108/2004 and
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 143. Magistrates' Court Act 1989--Indictable offences
Act No.
under this Act triable summarily
10 51/1989.
Reprint No. 11
(1) In Schedule 4 to the Magistrates' Court Act
as at
1 July 2005
1989, after item 53A insert--
and
amending
"53B. Radiation Act 2005
Act Nos
77/2004, Indictable offences under the Radiation Act 2005 but
2/2005,
15 the maximum penalty that the Court may impose is--
16/2005,
18/2005 and
(a) in the case of a natural person, 240 penalty
19/2005.
units; and
LawToday:
www.dms.
(b) in the case of a body corporate, 1200 penalty
dpc.vic.
units.".
gov.au
(2) In Schedule 5 to the Magistrates' Court Act
20
1989, after clause 8(1)(b)(vif) insert--
"(vig) an authorised officer within the meaning of the
Radiation Act 2005; or".
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Radiation Act 2005
Act No.
Part 12--Savings, Transitionals and Amendment of Acts
s. 144
144. Nuclear Activities (Prohibitions) Act 1983-- See:
Consequential amendments Act No.
9923.
Reprint No. 2
(1) For section 9(1)(g) and (h) of the Nuclear as at
Activities (Prohibitions) Act 1983 substitute-- 26 April 2001
and
"(g) the person holds a management licence or
5 amending
Act No.
use licence (as the case requires) to do so; 7/2005.
LawToday:
(h) the person may do so under an exemption www.dms.
under section 16 of the Radiation Act dpc.vic.
gov.au
2005;".
(2) After section 9(1) of the Nuclear Activities
10
(Prohibitions) Act 1983 insert--
'(1A) In sub-section (1)(g) "management
licence" and "use licence" have the same
meaning as in the Radiation Act 2005.'.
See:
145. Road Transport (Dangerous Goods) Act 1995--
15 Act No.
Consequential amendment 84/1995.
Reprint No. 2
For section 9(1A)(b) of the Road Transport as at
6 January
(Dangerous Goods) Act 1995 substitute-- 2000
and
"(b) a radiation source within the meaning of the amending
Radiation Act 2005;".
20 Act No.
49/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
Division 2--Savings and Transitionals
146. Continued operation of Health (Radiation Safety)
Regulations 1994 until repeal of Health Act
provisions
Despite the Subordinate Legislation Act 1994,
25
the Health (Radiation Safety) Regulations 1994,
as in force immediately before the commencement
of this section, continue until the commencement
of section 140.
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Act No.
Part 12--Savings, Transitionals and Amendment of Acts
s. 147
147. Other savings and transitional matters
The Schedule has effect.
__________________
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SCHEDULE
Section 147
SAVINGS AND TRANSITIONALS
PART 1--INTRODUCTION
5 1. Definitions
In this Schedule--
"commencement day" means 1 September 2007;
"new RAC" means the Committee;
"old RAC" means the Radiation Advisory Committee
10 appointed under section 108AK of the Health Act
1958;
"old radiation provisions" means sections 108AA to
108AK of the Health Act 1958 (as in force
immediately before the commencement day);
15 "old regulations" means the Health (Radiation Safety)
Regulations 1994;
"operator licence" has the same meaning as in the old
regulations.
2. General transitional provision
20 Except where the contrary intention appears, this Schedule
does not affect or take away from the Interpretation of
Legislation Act 1984.
3. Savings and transitional regulations
The regulations may contain provisions of a savings and
25 transitional nature consequent on the enactment of this Act
and the repeal of the old radiation provisions.
PART 2--THE RADIATION ADVISORY COMMITTEE
4. Old RAC abolished
On the commencement day, the old RAC is abolished and
30 its members go out of office as members.
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5. The old RAC members become members of new RAC
(1) On the commencement day each person who, immediately
before that day was a member of the old RAC, becomes a
member of the new RAC.
5 (2) A person referred to in sub-clause (1)--
(a) holds office as a member of the new RAC for the
balance of the term of his or her appointment to the
old RAC;
(b) holds office as a member of the new RAC on the
10 same terms and conditions as applied to his or her
appointment to the old RAC, but may resign or be
removed in accordance with Part 10;
(c) is eligible for re-appointment to the new RAC at the
expiry of his or her term.
15 6. Matters and things commenced by old RAC but not completed
before its abolition
On the commencement day the new RAC may continue or
complete any matter or thing commenced by the old RAC as
if that matter or thing were commenced by the new RAC
20 under Part 10.
7. Annual report
If, before the commencement day, the old RAC had not
made its report on its activities under section 108AK(10) of
the Health Act 1958, the new RAC must make a report on
25 those activities under section 110 as if the activities of the
old RAC were the activities of the new RAC.
PART 3--LICENCES
8. Operator licences converted to use licences
On the commencement day, an operator licence issued under
30 section 108AF(2) of the old radiation provisions in force
immediately before that day is deemed to be a use licence--
(a) subject to conditions that are the same as only those
conditions, limitations or restrictions that applied to
the operator licence that are not inconsistent with this
35 Act or the regulations; and
(b) with the same date of expiry as the date of expiry of
the operator licence.
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9. Other licences converted to management licences
Subject to clause 11, on the commencement day, a licence
issued under section 108AF(2) of the old radiation
provisions and referred to in regulation 12 of the old
5 regulations in force immediately before the commencement
day is deemed to be a management licence--
(a) subject to conditions that are the same as only those
conditions, limitations or restrictions that applied to
the relevant licence issued under that section that are
10 not inconsistent with this Act or the regulations; and
(b) with the same date of expiry as the date of expiry of
the relevant licence issued under that section.
10. Certain registrations converted to management licences
(1) Subject to clause 11, on the commencement day, every
15 person in whose name a sealed radio-active source is
registered under section 108AE(2) of the old radiation
provisions immediately before the commencement day is
deemed to be issued with a management licence allowing
the person to possess a sealed source that is the same as that
20 sealed radio-active source.
(2) A management licence deemed to be issued under sub-
clause (1) is deemed to--
(a) be subject to conditions that are the same as only
those conditions that applied to the registration of the
25 sealed radio-active source that are not inconsistent
with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for
the registration of the sealed radio-active source.
(3) Subject to clause 11, on the commencement day, every
30 person in whose name an ionizing radiation apparatus is
registered under section 108AE(2) of the old radiation
provisions immediately before the commencement day is
deemed to be issued with a management licence allowing
the person to possess an ionising radiation apparatus that is
35 the same as that ionizing radiation apparatus.
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(4) A management licence deemed to be issued under sub-
clause (3) is deemed to--
(a) be subject to conditions that are the same as only
those conditions that applied to the registration of the
5 ionizing radiation apparatus that are not inconsistent
with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for
the registration of the ionizing radiation apparatus.
(5) Subject to clause 11, on the commencement day, every
10 person in whose name a non-ionizing radiation apparatus is
registered under section 108AE(2) of the old radiation
provisions immediately before the commencement day is
deemed to be issued with a management licence allowing
the person to possess a non-ionising radiation apparatus that
15 is the same as that non-ionizing radiation apparatus.
(6) A management licence deemed to be issued under sub-
clause (5) is deemed to--
(a) be subject to conditions that are the same as only
those conditions that applied to the registration of the
20 non-ionizing radiation apparatus that are not
inconsistent with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for
the registration of the non-ionizing radiation
apparatus.
25 (7) In this clause--
"ionizing radiation apparatus", "non-ionizing radiation
apparatus" and "sealed radio-active source" have
the same meaning as in section 108AB of the old
radiation provisions.
30 11. Secretary may consolidate two or more management licences
(1) Subject to this clause, if, because of clause 9 or 10, a person
holds 2 or more management licences, the Secretary may
cancel those licences and issue one management licence to
the person that allows the person to conduct the radiation
35 practices allowed to be conducted under the cancelled
licences.
(2) Division 3 of Part 6 of this Act does not apply to the
cancellation of a management licence under this clause.
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(3) Division 1 of Part 6 (other than sections 38(c)(ii), 43(2)
and 48) applies to the issue of a management licence under
this clause as if the management licence had been issued on
an application under that Division.
5 (4) The date of expiry of a management licence issued under
this clause is the latest date a cancelled licence would have
expired but for the cancellation of that licence under this
clause.
12. Pending licence and registration application decisions at the
10 time of the commencement of this Act
(1) On the commencement day--
(a) every application under section 108AF of the old
radiation provisions for an operator licence in respect
of which the Secretary has not made a decision
15 whether to issue the licence, is deemed to be an
application under section 37 for a use licence and
must be dealt with by the Secretary as if it were an
application made under section 37;
(b) every application under section 108AF of the old
20 radiation provisions for a licence referred to in
regulation 12 of the old regulations in respect of
which the Secretary has not made a decision whether
to issue the licence, is deemed to be an application
under section 37 for a management licence and must
25 be dealt with by the Secretary as if it were an
application made under section 37;
(c) every application under section 108AE of the old
radiation provisions for the registration of a relevant
apparatus or source in respect of which the Secretary
30 has not made a decision whether to register the
relevant apparatus or source, is deemed to be an
application under section 37 for a management
licence to possess the relevant apparatus or source and
must be dealt with by the Secretary as if it were an
35 application made under section 37.
(2) In this clause--
"relevant apparatus or source" means an ionizing
radiation apparatus, a non-ionizing radiation apparatus
of a prescribed class prescribed under the old
40 regulations or a sealed radio-active source;
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"ionizing radiation apparatus", "non-ionizing radiation
apparatus" and "sealed radio-active source" have
the same meaning as in section 108AB of the old
radiation provisions.
PART 4--OTHER
5
13. Certain references in Acts, instruments and other documents
to be reconstrued
(1) Unless the context otherwise requires, on and from the
commencement day, in any Act (other than this Act), or in
10 any instrument made under any Act (other than this Act) or
in any other document of any kind--
(a) a reference to Division 2AA of Part 5 of the Health
Act 1958 (as in force immediately before the
commencement day) is to be taken to be a reference to
15 the Radiation Act 2005;
(b) a reference to a radio-active substance is to be taken
to be a reference to radioactive material;
(c) a reference to a radiation apparatus (within the
meaning of section 108AB of the old radiation
20 provisions) is to be taken to be a reference to a
radiation apparatus within the meaning of this Act;
(d) a reference to an ionizing radiation apparatus is to be
taken to be a reference to an ionising radiation
apparatus;
25 (e) a reference to a non-ionizing radiation apparatus of a
prescribed class is to be taken to be a reference to a
non-ionising radiation apparatus;
(f) a reference to an unsealed radio-active source is to be
taken to be a reference to radioactive material that is
30 not a sealed source;
(g) a reference to a sealed radio-active source is to be
taken to be a reference to a sealed source;
(h) a licence issued under the old radiation provisions is
to be taken to be a reference to a licence issued under
35 this Act;
(i) a reference to an exemption under the old radiation
provisions is to be taken to be a reference to an
exemption under section 16.
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(2) In this clause--
"ionizing radiation apparatus", "non-ionizing radiation
apparatus", "radio-active substance", "sealed
radio-active source" and "unsealed radio-active
5 source" have the same meaning as in section 108AB
of the old radiation provisions.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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