Australian Capital Territory Numbered Acts

RADIATION PROTECTION ACT 2006 (NO. 33 OF 2006 )

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Commencement  
   3.      Object of Act  
   4.      Radiation protection principle  
   5.      Dictionary  
   6.      Notes  
   7.      Offences against Act—application of Criminal Code etc  

   PART 2--IMPORTANT TERMS

   8.      Meaning of radiation and ionising and non-ionising  
   9.      Meaning of radiation source etc  
   10.     Meaning of prohibited radiation source and regulated radiation  
   11.     Meaning of deal with radiation source  

   PART 3--RADIATION SAFETY

           Division 3.1--Safety duties

   12.     General duty to ensure no harm  
   13.     Radiation exposure  
   14.     Diagnostic or therapeutic procedures  
   15.     Incorporated documents, approved codes of practice etc may be considered  

           Division 3.2--Licensing

   16.     Application for licence  
   17.     Decision about licence application  
   18.     Form of licence  
   19.     Licence conditions  
   20.     Term of licence  
   21.     Licensee to notify change of name or address  
   22.     Amendment of licence by council on its own initiative  
   23.     Amendment of licence on application  
   24.     Automatic cancellation of licence  

           Division 3.3--Registration of radiation sources

   25.     Application for registration of radiation source  
   26.     Decision about radiation source registration application  
   27.     Form of registration  
   28.     Registration conditions  
   29.     Term of registration  
   30.     Registered owner to notify change of name or address  
   31.     Amendment of registration by council on its own initiative  
   32.     Amendment of registration on application  
   33.     Automatic cancellation of registration  

           Division 3.4--Disciplinary action

   34.     Grounds for disciplinary action  
   35.     Disciplinary action  
   36.     Taking disciplinary action  
   37.     Immediate suspension of licence or registration  
   38.     Effect of suspension of licence or dealing  
   39.     Effect on licensee of suspension of registration  
   40.     Return of amended, suspended or cancelled licences  
   41.     Action by council in relation to amended, suspended or cancelled  

           Division 3.5--Abandoning a radiation source

   42.     Prohibition on abandoning radiation source  
   43.     Procedure if radiation source abandoned  
   44.     Person abandoning radiation source liable for recovery costs  

           Division 3.6--Disposal of prohibited radiation source

   45.     Disposal etc of prohibited radiation source  
   46.     Person in possession of prohibited radiation source liable for disposal  

           Division 3.7--Emergency powers

   47.     Emergency orders  
   48.     Compensation—emergency orders  
   49.     Minister's decision on claim for compensation  
   50.     Acceptance or rejection of offer of compensation  
   51.     Recovery of compensation in court  

   PART 4--OFFENCES

   52.     Meaning of safety duty  
   53.     Failure to comply with safety duty—general offence  
   54.     Failure to comply with safety duty—exposing people to substantial risk of death or  
   55.     Failure to comply with safety duty—causing death or serious harm to  
   56.     Failure to comply with safety duty—exposing property or environment to substantial  
   57.     Alternative verdicts for failure to comply with safety duties  
   58.     Failure to comply with condition of licence  
   59.     Dealing with regulated radiation source without licence  
   60.     Owning unregistered radiation source  
   61.     Failure to comply with condition of registration of radiation  
   62.     Dealings with prohibited radiation source  
   63.     Failure to notify council of dangerous event  
   64.     Criminal liability of corporation officers  

   PART 5--ADMINISTRATION

           Division 5.1--Radiation council

   65.     Establishment of radiation council  
   66.     Council functions  
   67.     Delegation of certain council functions  

           Division 5.2--Council members

   68.     Council members  
   69.     Term of council member appointments  
   70.     Chair and deputy chair of council  
   71.     Ending appointment of council member  

           Division 5.3--Functions of council members

   72.     Chair's functions  
   73.     Deputy chair's functions  
   74.     Honesty, care and diligence of council members  
   75.     Conflicts of interest by council members  
   76.     Agenda to require disclosure of interest item  
   77.     Disclosure of interests by council members  
   78.     Reporting of disclosed interests to Minister  
   79.     Protection of council members from liability  

           Division 5.4--Council proceedings

   80.     Time and place of council meetings  
   81.     Presiding member at council meetings  
   82.     Quorum at council meetings  
   83.     Voting at council meetings  
   84.     Conduct of council meetings etc  
   85.     Reports to Minister on radiation protection issues  

           Division 5.5--Radiation register

   86.     Radiation register  
   87.     Correction of register  

   PART 6--ENFORCEMENT

           Division 6.1--General

   88.     Definitions—pt 6  

           Division 6.2--Authorised people

   89.     Appointment of authorised people  
   90.     Identity cards  

           Division 6.3--Powers of authorised people

   91.     Power to enter premises  
   92.     Production of identity card  
   93.     Consent to entry  
   94.     General powers on entry to premises  
   95.     Power to seize things  

           Division 6.4--Search warrants

   96.     Warrants generally  
   97.     Warrants—application made other than in person  
   98.     Search warrants—announcement before entry  
   99.     Details of search warrant to be given to occupier etc  
   100.    Occupier entitled to be present during search etc  

           Division 6.5--Return and forfeiture of things seized

   101.    Receipt for things seized  
   102.    Moving things to another place for examination or processing under search  
   103.    Access to things seized  
   104.    Return of things seized  
   105.    Forfeiture of seized things  
   106.    Power to destroy unsafe things  
   107.    Application for order disallowing seizure  
   108.    Order for return of seized thing  

           Division 6.6--Miscellaneous

   109.    Damage etc to be minimised  
   110.    Compensation for exercise of enforcement powers  

   PART 7--REVIEW OF DECISIONS

   111.    Reviewable decisions  
   112.    Review of decisions  
   113.    Notice of reviewable decisions  

   PART 8--MISCELLANEOUS

   114.    Minister may exempt people, radiation sources etc  
   115.    Divulging of information by council  
   116.    Codes of practice  
   117.    Notification of certain incorporated documents  
   118.    Inspection of incorporated documents  
   119.    Evidentiary certificates  
   120.    Determination of fees  
   121.    Approved forms  
   122.    Regulation-making power  
   123.    Regulations may exempt people, radiation sources etc  
   124.    Regulations may impose conditions to licensing and registration regimes  
   125.    Review of Act  

   PART 9--CONSEQUENTIAL AMENDMENTS AND REPEALS

   126.    Legislation amended—sch 1  
   127.    Legislation repealed  

   PART 10--TRANSITIONAL

   128.    Definitions—pt 10  
   129.    Existing licences  
   130.    Registration of radiation sources etc  
   131.    Transitional regulations  
   132.     Expiry—pt 10  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES