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RADIATION ACT 2005

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purpose  
  • 2 Commencement  
  • 3 Definitions  
  • 3A Activity ratios for sealed sources  
  • 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

PART 3--THE ROLE OF THE SECRETARY

PART 4--LICENSED ACTIVITIES

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

Division 1--Introductory

  • 24 Definitions  

Division 2--Approved testers

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

Division 5--Use of prescribed radiation sources

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

PART 5A--APPROVED ASSESSORS OF SECURITY PLANS AND TRANSPORT SECURITY PLANS

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  
  • 42A Further information for an assessor's approval  
  • 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

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

Division 5--Other matters

  • 67A Guidelines on evidence as to identity  

PART 6A--SECURITY PLANS AND TRANSPORT SECURITY PLANS

Division 1--Security plans

Division 2--Transport security plans

Division 3--Assessment of security plans and transport security plans

Division 4--Compliance with security plans and transport security plans

Division 5--Standards for security plans and transport security plans and security compliance certificate

PART 7--ENFORCEMENT

Division 1--Introductory

  • 68 Definitions  

Division 2--Authorised officers

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 7A--Improvement notices and prohibition notices

  • 90A Secretary may issue improvement notice or prohibition notice  
  • 90B Person must comply with improvement notice or prohibition notice  
  • 90C Proceedings for offences affected by notices  

Division 8--Miscellaneous

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

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

Division 2--Other offences

Division 3--Infringement notices

  • 118 Definition  
  • 119 Power to serve a notice  
  • 121 Infringement penalties  

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

PART 12--SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS

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  
  • 148 Radiation Amendment Act 2013—transitional provision—security plans and transport security plans  
  • 149 Radiation Amendment Act 2013—transitional provision—commercial tanning units  

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