RADIATION ACT 2005

Victorian Consolidated Legislation

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RADIATION ACT 2005

No. 62 of 2005
Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Declarations that certain materials and apparatuses are not radiation sources
5. Tabling and disallowance of declarations under section 4.
6. Crown to be bound

PART 2-THE RADIATION PROTECTION PRINCIPLE

7. The Radiation Protection Principle
8. Interpretation that promotes the Radiation Protection Principle to be preferred

PART 3-THE ROLE OF THE SECRETARY

9. Functions of the Secretary
10. General powers of the Secretary
11. Secretary must have regard to the Radiation Protection Principle and NDRP

PART 4-LICENSED ACTIVITIES

12. Conduct of radiation practice prohibited unless licensed
13. Use of a radiation source prohibited unless licensed
14. Construction of radiation facilities prohibited in certain cases
15. Licence holders must comply with conditions of licence
16. Exemptions from holding a licence
17. Persons must not falsely represent that they are licence holders
18. Offence to allow persons who do not hold a use licence to use a radiation source
19. Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence
20. Secretary to be notified of loss or theft of radiation source
21. Offence to abandon radiation source
22. Offences to cause another person to receive a higher radiation dose than is prescribed
23. Offences to cause serious harm to the environment

PART 5-APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES

Division 1-Introductory

24. Definitions

Division 2-Approved testers

25. Role of approved testers
26. Approved testers must comply with conditions of tester's approval
27. Only approved testers who hold testers' approvals that are in force may issue certificates of compliance
28. Offence to impersonate approved tester

Division 3-Radiation safety standards and tests

29. Secretary may specify radiation safety standards
30. Secretary may specify radiation safety tests
31. Standards and tests specified by Secretary may incorporate documents and other material

Division 4-Testing and certificates of compliance

32. Testing in accordance with specified radiation safety tests
33. Certificates of compliance
34. Approved testers to provide certificate information to Secretary
35. Approved tester must not knowingly issue a certificate of compliance that is false

Division 5-Use of prescribed radiation sources

36. Use of prescribed radiation sources prohibited unless there is a certificate of compliance

PART 6-AUTHORITIES UNDER THE ACT

Division 1-Issue of authorities

37. Who may apply for an authority?
38. Form of application
39. Further information for management licence applications
40. Further information for use licence applications
41. Further information for facility construction licence
applications
42. Further information for a tester's approval application
43. Consideration of application for and issue of authority
44. Further considerations in relation to use licence applications
45. Requests for certain information from a relevant health practitioner board about an applicant
46. Further considerations in relation to a tester's approval application
47. Conditions of authority
48. Period and date of expiry of authority
49. When authority takes effect
50. Content of authority

Division 2-Renewal of authorities

51. Application for renewal of authority
52. Consideration of application for and issue of renewal of
authority
53. Period and date of expiry of renewed authority
54. Conditions of renewed authority
55. Content of renewed authority

Division 3-Suspension and cancellation of authorities

56. Suspension or cancellation of authority
57. Show cause notice
58. Representations about show cause notices
59. Ending show cause process without further action
60. Suspension or cancellation
61. Return of cancelled authority to Secretary
62. Immediate suspension of authority in urgent circumstances
63. Effect of suspension on authorities

Division 4-Other actions in relation to authorities

64. Transfer of management licence or facility construction
licence
65. Variation of authority by Secretary on his or her own
initiative
66. Variation of authority by Secretary on application of authority holder
67. Surrender of authority

PART 7-ENFORCEMENT

Division 1-Introductory

68. Definitions

Division 2-Authorised officers

69. Appointment
70. Authorised officer's identity card
71. Production of identity card
72. Authorised officers must cease exercising powers if they do not produce identity card on request
73. Authorised officers subject to Secretary's direction

Division 3-Entry powers of authorised officers

74. Power to enter places
75. Procedure for entry without consent
76. Procedure for entry with consent

Division 4-Investigation and enforcement powers of authorised officers

77. General powers of authorised officers
78. Power to direct persons to produce documents, operate equipment, answer questions etc.

Division 5-Search warrants

79. Issue of search warrants
80. Announcement before entry on warrant
81. Copy of warrant to be given to occupier

Division 6-Seized things and samples taken

82. Authorised officers to give receipts for seized things and samples taken
83. Copies of seized documents
84. Retention and return of seized documents or things
85. Magistrates' Court may extend 3 month period
86. Forfeiture and destruction of seized things
87. Secretary may cause forfeited things to be destroyed or otherwise disposed of

Division 7-Examinations, analyses, measurement and testing

88. Examination, analysis, measurement or testing of things seized or samples taken
89. Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place
90. Certificates must indicate methodology used

Division 8-Miscellaneous

91. Offence to impersonate an authorised officer

PART 8-RADIATION EMERGENCIES

92. Definition
93. Secretary to give authorisation for exercise of emergency
powers
94. How may an authorisation be given?
95. Extension of period of time authorisation is in force
96. What is authorised?
97. Authorised officers to display identity cards at all times when exercising emergency powers
98. Use of reasonable and necessary force
99. Compensation

PART 9-REVIEW OF DECISIONS

100. Definitions
101. Review
102. VCAT review of certain decisions of Secretary

PART 10-THE RADIATION ADVISORY COMMITTEE

103. Radiation Advisory Committee
104. Membership
105. Acting appointments
106. Proceedings of the Committee
107. Function of the Committee
108. Consultation in carrying out its function
109. Assistance
110. Annual reports
111. Minister to lay annual reports before Houses of Parliament

PART 11-GENERAL

Division 1-Radiation analysts

112. Appointment of radiation analysts
113. Radiation analyst's terms and conditions
114. Functions of radiation analysts

Division 2-Other offences

115. Tampering with radiation sources sealed by authorised officers
116. False and misleading information
117. Offence to hinder or obstruct an authorised officer

Division 3-Infringements

118. Definition
119. Power to serve a notice
120. Repealed
121. Infringement penalties
122-126 Repealed

Division 4-Provisions relating to offences

127. Self-incrimination
128. Offences by corporations
129. Time within which proceedings for offences may be brought
130. Evidence of signatures
131. Evidentiary certificates

Division 5-Compensation and recovery of costs

132. Orders for compensation and the recovery of certain costs immediately after a finding of guilt
133. Cost recovery by Secretary in certain cases where persons do not comply with a direction

Division 6-Reporting

134. Annual report
135. Secretary to notify CEO of ARPANSA of prescribed radiation incidents

Division 7-Miscellaneous

136. Disclosure of information to other agencies
137. Secretary and authorised officers need not be licensed to exercise powers or perform duties
137A. Service of notices, orders and other documents
138. Register
139. Regulations

PART 12-SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS

Division 1-Amendment of Acts

140. Repeal of Health Act 1958 radiation provisions
141. Dangerous Goods Act 1985-Consequential amendment
142. Environment Protection Act 1970-Consequential
amendment
143. Magistrates' Court Act 1989-Indictable offences under
this Act triable summarily
144. Nuclear Activities (Prohibitions) Act 1983-Consequential amendments
145. Repealed

Division 2-Savings and transitionals

146. Continued operation of Health (Radiation Safety)
Regulations 1994 until repeal of Health Act provisions
147. Other savings and transitional matters
__________________
SCHEDULE-Savings and Transitionals

PART 1-INTRODUCTION
1. Definitions
2. General transitional provision
3. Savings and transitional regulations

PART 2-THE RADIATION ADVISORY COMMITTEE
4. Old RAC abolished
5. The old RAC members become members of new RAC
6. Matters and things commenced by old RAC but not
completed before its abolition
7. Annual report

PART 3-LICENCES
8. Operator licences converted to use licences
9. Other licences converted to management licences
10. Certain registrations converted to management licences
11. Secretary may consolidate two or more management licences
12. Pending licence and registration application decisions at the
time of the commencement of this Act

PART 4-OTHER
13. Certain references in Acts, instruments and other documents
to be reconstrued
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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