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Queensland
Radiation Safety Amendment
Bill 2009
Queensland
Radiation Safety Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 4 (Main object of Act and its achievement) . . . . 8
5 Amendment of pt 1, div 4, heading. . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 5 (Guiding principles) . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 6 (Interpretation to promote radiation safety
and protection principles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Amendment of s 12 (Requirement for possession licence) . . . . . 9
9 Amendment of s 13 (Requirement for use licence . . . . . . . . . . . . 10
10 Amendment of s 14 (Requirement for transport
licence--transport by road) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 15 (Requirement for transport
licence--transport otherwise than by road) . . . . . . . . . . . . . . . . . 10
12 Amendment of s 23 (Who may acquire a radiation source) . . . . . 10
13 Amendment of s 24 (Supply of radiation sources) . . . . . . . . . . . . 11
14 Amendment of s 25 (Person must not relocate radiation source
without approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15 Amendment of pt 5, heading (Disposal of radioactive material
and radiation apparatus) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
27A Person must not abandon radiation source . . . . . . . . 12
17 Amendment of pt 6, heading (Other radiation safety and
protection provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
18 Amendment of s 29 (Approval of plan) . . . . . . . . . . . . . . . . . . . . . 12
19 Amendment of s 30 (Changing plan--chief executive's initiative) 12
20 Amendment of s 31 (Changing plan--application by possession
licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 32 (Recording change of plan) . . . . . . . . . . . . . 13
Radiation Safety Amendment Bill 2009
Contents
22 Insertion of new pt 6, divs 1A and 1B. . . . . . . . . . . . . . . . . . . . . . 13
Division 1A Security plans
Subdivision 1 Interpretation
34A What is a security plan . . . . . . . . . . . . . . . . . . . . . . . . 13
Subdivision 2 Approval of, and amendment of approved,
security plans
34B Approval of security plan . . . . . . . . . . . . . . . . . . . . . . 14
34C Changing approved security plan--chief executive's
initiative ........................... 15
34D Changing approved security plan--application by
possession licensee . . . . . . . . . . . . . . . . . . . . . . . . . . 16
34E Recording change of approved security plan . . . . . . . 16
Subdivision 3 Obligations in relation to approved security
plans
34F Obligations in relation to approved security
plan--possession licensees . . . . . . . . . . . . . . . . . . . . 17
34G Obligations in relation to approved security
plan--access of persons to security enhanced
source ............................. 17
Division 1B Transport security plans
Subdivision 1 Interpretation
34H What is a transport security plan . . . . . . . . . . . . . . . . 18
Subdivision 2 Approval of, and amendment of approved,
transport security plans
34I When a person must have a transport security plan . 19
34J Application for approval of transport security plan . . . 20
34K Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . 21
34L Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34M Failure to decide applications . . . . . . . . . . . . . . . . . . . 21
34N Changing approved transport security plan--chief
executive's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34O Changing approved transport security
plan--application by transport security plan holder . . 23
34P Recording change of approved transport security
plan ................................ 24
Subdivision 3 Obligations in relation to approved transport
security plans
34Q Obligations in relation to approved transport security
plan--transport security plan holder . . . . . . . . . . . . . 24
Page 2
Radiation Safety Amendment Bill 2009
Contents
34R Obligations in relation to approved transport security
plan--access of persons to security enhanced
source .............................. 25
23 Amendment of pt 6, div 6, heading (Additional obligations of
possession licensees and persons carrying out radiation
practices) .................................... 25
24 Amendment of s 43 (Additional obligations of possession
licensees) .................................. 26
25 Amendment of s 44 (Additional obligation of persons carrying
out radiation practices) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Insertion of new ss 44A and 44B . . . . . . . . . . . . . . . . . . . . . . . . . 26
44A Additional obligations of persons for security
enhanced sources . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
44B Requirement to have a nominated person . . . . . . . . . 28
27 Amendment of s 45 (Notification of dangerous events) . . . . . . . . 28
28 Replacement of s 51 (Procedural requirements for applications). 30
51 Procedural requirements for applications . . . . . . . . . . 30
29 Amendment of s 53 (Criteria for applications--possession
licences) ..................................... 32
30 Amendment of s 54 (Criteria for applications--use licences). . . . 33
31 Amendment of s 55 (Criteria for applications--transport
licences) .................................... 34
32 Amendment of s 56 (Criteria for applications--accreditation
certificates) .................................... 35
33 Amendment of s 57 (Criteria for applications--approvals to
acquire) ..................................... 35
34 Amendment of s 58 (Criteria for applications--approvals to
dispose) .................................... 35
35 Amendment of s 59 (Criteria for applications--approvals to
relocate) ..................................... 36
36 Amendment of s 60 (Criteria for applications--radiation safety
officer certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
37 Amendment of s 61 (Inquiries into applications) . . . . . . . . . . . . . 37
38 Amendment of s 66 (Additional information for possession
licences) ..................................... 38
39 Amendment of s 76 (Imposition of conditions by chief executive) 38
40 Amendment of s 88 (Immediate suspension of licence or
accreditation certificate pending formal cancellation procedure) . 39
41 Amendment of s 95 (Changing conditions of conditional Act
instruments--chief executive acting on own initiative) . . . . . . . . . 39
42 Insertion of new pt 7, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Page 3
Radiation Safety Amendment Bill 2009
Contents
Division 10 Security and criminal history checks for
applicants for Act instruments
103A Persons for whom security and criminal history
checks may be conducted . . . . . . . . . . . . . . . . . . . . . 40
103B Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . 41
103C Security check . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
103D Commissioner of police must notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
103E When chief executive must give a person details of
information received about the person . . . . . . . . . . . . 43
103F Representations about information in notice . . . . . . . 44
103G When chief executive may give information to
possession licensee or transport security plan holder 44
103H Changes in criminal history . . . . . . . . . . . . . . . . . . . . 44
103I Requirements for disclosure of changes in criminal
history ............................... 44
103J Failure to disclose changes in criminal history . . . . . . 45
43 Amendment of s 117 (General powers after entering places) . . . 45
44 Amendment of s 119 (Failure to comply with requirement not to
enter or remain at a place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
45 Amendment of s 124 (Stopping vehicle). . . . . . . . . . . . . . . . . . . . 47
46 Amendment of s 148 (Emergency powers) . . . . . . . . . . . . . . . . . 47
47 Amendment of s 163 (Membership of council). . . . . . . . . . . . . . . 48
48 Amendment of s 198 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 48
49 Amendment of s 200 (Recovery of costs of avoiding or
minimising adverse health effects) . . . . . . . . . . . . . . . . . . . . . . . . 48
50 Amendment of s 209 (Confidentiality of information) . . . . . . . . . . 49
51 Amendment of s 211 (Protecting officials from liability) . . . . . . . . 49
52 Amendment of s 215 (Regulation-making power) . . . . . . . . . . . . 49
53 Replacement of pt 14, div 3, heading. . . . . . . . . . . . . . . . . . . . . . 49
54 Insertion of new pt 14, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 4 Transitional provisions for Radiation Safety
Amendment Act 2009
231 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
232 Transitional provision relating to security plans for
possession licensees . . . . . . . . . . . . . . . . . . . . . . . . . 50
233 Transitional provision for use licensees . . . . . . . . . . . 51
234 Transitional provision for transport licensees . . . . . . . 51
235 Transitional provision for transport security plans. . . . 52
Page 4
Radiation Safety Amendment Bill 2009
Contents
55 Amendment of sch 1 (Decisions for which information notices
must be given) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
56 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Page 5
2009
A Bill
for
An Act to amend the Radiation Safety Act 1999
Radiation Safety Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Radiation Safety Amendment Act 3
2009. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Radiation Safety Act 1999. 8
Clause 4 Amendment of s 4 (Main object of Act and its 9
achievement) 10
(1) Section 4(2)(e) to (g)-- 11
renumber as (g) to (i) 12
(2) Section 4-- 13
insert-- 14
`(e) requiring a person who possesses a security enhanced 15
source to have an approved security plan for the source; 16
and 17
(f) requiring a person to have an approved transport 18
security plan for the transport of a security enhanced 19
source; and'. 20
Clause 5 Amendment of pt 1, div 4, heading 21
Part 1, division 4, heading, `and protection'-- 22
omit, insert-- 23
`, protection and security'. 24
Page 8
Radiation Safety Amendment Bill 2009
[s 6]
Clause 6 Amendment of s 5 (Guiding principles) 1
(1) Section 5, `(the radiation safety and protection 2
principles)'-- 3
omit, insert-- 4
`(the radiation safety, protection and security principles)'. 5
(2) Section 5-- 6
insert-- 7
`(c) People should be protected from unnecessary exposure 8
to radiation resulting from a malevolent event by 9
ensuring that radiation sources are safely managed and 10
securely protected at all times, including after the end of 11
their useful life.'. 12
Clause 7 Amendment of s 6 (Interpretation to promote radiation 13
safety and protection principles) 14
(1) Section 6, heading, `and protection'-- 15
omit, insert-- 16
`, protection and security'. 17
(2) Section 6, `and protection'-- 18
omit, insert-- 19
`, protection and security'. 20
Clause 8 Amendment of s 12 (Requirement for possession licence) 21
Section 12(1), penalty-- 22
omit, insert-- 23
`Maximum penalty-- 24
(a) for a radiation source that is not a security enhanced 25
source--1000 penalty units; or 26
(b) for a security enhanced source--2500 penalty units.'. 27
Page 9
Radiation Safety Amendment Bill 2009
[s 9]
Clause 9 Amendment of s 13 (Requirement for use licence 1
Section 13(1), penalty-- 2
omit, insert-- 3
`Maximum penalty-- 4
(a) for a radiation source that is not a portable security 5
enhanced source--400 penalty units; or 6
(b) for a portable security enhanced source--2500 penalty 7
units.'. 8
Clause 10 Amendment of s 14 (Requirement for transport 9
licence--transport by road) 10
Section 14(2), penalty-- 11
omit, insert-- 12
`Maximum penalty-- 13
(a) for a radioactive substance that is not a security 14
enhanced source--400 penalty units; or 15
(b) for a radioactive substance that is a security enhanced 16
source--2500 penalty units.'. 17
Clause 11 Amendment of s 15 (Requirement for transport 18
licence--transport otherwise than by road) 19
Section 15(1), penalty-- 20
omit, insert-- 21
`Maximum penalty-- 22
(a) for a radioactive substance that is not a security 23
enhanced source--400 penalty units; or 24
(b) for a radioactive substance that is a security enhanced 25
source--2500 penalty units.'. 26
Clause 12 Amendment of s 23 (Who may acquire a radiation source) 27
Section 23(1), penalty-- 28
Page 10
Radiation Safety Amendment Bill 2009
[s 13]
omit, insert-- 1
`Maximum penalty-- 2
(a) for a radiation source that is not a security enhanced 3
source--400 penalty units; or 4
(b) for a security enhanced source--2500 penalty units.'. 5
Clause 13 Amendment of s 24 (Supply of radiation sources) 6
Section 24(1), penalty-- 7
omit, insert-- 8
`Maximum penalty-- 9
(a) for a radiation source that is not a security enhanced 10
source--400 penalty units; or 11
(b) for a security enhanced source--2500 penalty units.'. 12
Clause 14 Amendment of s 25 (Person must not relocate radiation 13
source without approval) 14
(1) Section 25, heading, `radiation'-- 15
omit, insert-- 16
`a radiation'. 17
(2) Section 25, penalty-- 18
omit, insert-- 19
`Maximum penalty-- 20
(a) for a radiation source that is not a security enhanced 21
source--400 penalty units; or 22
(b) for a security enhanced source--2500 penalty units.'. 23
Clause 15 Amendment of pt 5, heading (Disposal of radioactive 24
material and radiation apparatus) 25
Part 5, heading, after `apparatus'-- 26
Page 11
Radiation Safety Amendment Bill 2009
[s 16]
insert-- 1
`and abandoning of radiation sources'. 2
Clause 16 Insertion of new s 27A 3
Part 5-- 4
insert-- 5
`27A Person must not abandon radiation source 6
`(1) A person must not abandon a radiation source. 7
Maximum penalty--2500 penalty units. 8
`(2) A person does not contravene subsection (1) if the person 9
disposes of a radiation source under this Act.'. 10
Clause 17 Amendment of pt 6, heading (Other radiation safety and 11
protection provisions) 12
Part 6, heading, `and protection'-- 13
omit, insert-- 14
`, protection and security'. 15
Clause 18 Amendment of s 29 (Approval of plan) 16
Section 29, heading, `plan'-- 17
omit, insert-- 18
`radiation safety and protection plan'. 19
Clause 19 Amendment of s 30 (Changing plan--chief executive's 20
initiative) 21
Section 30, heading, `plan'-- 22
omit, insert-- 23
`approved radiation safety and protection plan'. 24
Page 12
Radiation Safety Amendment Bill 2009
[s 20]
Clause 20 Amendment of s 31 (Changing plan--application by 1
possession licensee) 2
Section 31, heading, `plan'-- 3
omit, insert-- 4
`approved radiation safety and protection plan'. 5
Clause 21 Amendment of s 32 (Recording change of plan) 6
Section 32, heading, `plan'-- 7
omit, insert-- 8
`approved radiation safety and protection plan'. 9
Clause 22 Insertion of new pt 6, divs 1A and 1B 10
Part 6-- 11
insert-- 12
`Division 1A Security plans 13
`Subdivision 1 Interpretation 14
`34A What is a security plan 15
`(1) A security plan is a plan for the security of a security 16
enhanced source that a possession licensee is allowed to 17
possess under the licence. 18
`(2) The plan must state the following-- 19
(a) particulars of the security enhanced source the licensee 20
is allowed to possess; 21
(b) the radiation practice for which the licensee is allowed 22
to possess the source; 23
(c) particulars, and an assessment, of all the security risks 24
relating to the practice and source the licensee knows, or 25
ought reasonably to know, exist or might arise; 26
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Radiation Safety Amendment Bill 2009
[s 22]
(d) persons who have access to the source under the 1
possession licensee's licence and the type of access each 2
person has to the source; 3
(e) other persons to whom the plan applies; 4
(f) the security measures for the source; 5
(g) any other measures necessary to deal with risks to the 6
security of the source; 7
(h) how the licensee proposes to monitor and review the 8
implementation and effectiveness of the measures; 9
(i) particulars of a training program for persons to whom 10
the plan applies; 11
(j) if the possession licensee is a corporation--the name of 12
the nominated person for the licensee; 13
(k) other particulars prescribed under a regulation. 14
`(3) The plan must be written in a way likely to be easily 15
understood by persons required to comply with the plan. 16
`(4) The plan must be dated and signed by the licensee. 17
`(5) In this section-- 18
security measures are measures, prescribed under a 19
regulation, for ensuring the security of a security enhanced 20
source. 21
`Subdivision 2 Approval of, and amendment of 22
approved, security plans 23
`34B Approval of security plan 24
`(1) This section applies if the chief executive issues a possession 25
licence for a security enhanced source. 26
`(2) The chief executive is taken to have approved the security 27
plan identified in the licence. 28
`(3) The chief executive must endorse the plan with the chief 29
executive's written approval and give the endorsed plan to the 30
possession licensee. 31
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Radiation Safety Amendment Bill 2009
[s 22]
Note-- 1
See section 51(3)(b), for the requirement for an application for a 2
possession licence for a radiation source that is a security enhanced 3
source to be accompanied by the proposed security plan for the source. 4
`34C Changing approved security plan--chief executive's 5
initiative 6
`(1) The chief executive may change a possession licensee's 7
approved security plan if the chief executive considers it 8
necessary or desirable to make the change, having regard to 9
the requirements for a security plan mentioned in section 10
34A(2). 11
`(2) Before changing the plan, the chief executive must-- 12
(a) give a written notice to the licensee, stating-- 13
(i) the particulars of the proposed change; and 14
(ii) the day it is proposed the change is to take effect; 15
and 16
(iii) that the licensee may make written submissions to 17
the chief executive about the proposed change 18
before a stated day; and 19
(b) have regard to written submissions made to the chief 20
executive by the licensee before the stated day. 21
`(3) The stated day must not be earlier than 21 days after the notice 22
is given to the licensee. 23
`(4) If the chief executive decides to change the plan, the chief 24
executive must immediately give the licensee an information 25
notice about the decision. 26
`(5) The change takes effect on the day stated for the change in the 27
information notice and does not depend on-- 28
(a) the plan being amended to incorporate the change; or 29
(b) the licence being amended to identify the amended plan. 30
`(6) The day mentioned in subsection (5) must not be earlier than 31
35 days after the notice is given to the licensee. 32
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Radiation Safety Amendment Bill 2009
[s 22]
`34D Changing approved security plan--application by 1
possession licensee 2
`(1) A possession licensee may apply to the chief executive to 3
change the licensee's approved security plan. 4
`(2) The application must-- 5
(a) be in the approved form; and 6
(b) be accompanied by the fee prescribed under a 7
regulation. 8
`(3) In deciding whether to grant the application, the chief 9
executive must have regard to the requirements for a security 10
plan mentioned in section 34A(2). 11
`(4) If the chief executive decides to grant the application, the 12
chief executive must immediately give the licensee notice of 13
the decision. 14
`(5) The change takes effect on the day stated for the change in the 15
notice and does not depend on-- 16
(a) the plan being amended to incorporate the change; or 17
(b) the licence being amended to identify the amended plan. 18
`(6) The day mentioned in subsection (5) must not be earlier than 19
35 days after the notice is given to the licensee. 20
`(7) If the chief executive decides not to grant the application, the 21
chief executive must immediately give the licensee an 22
information notice about the decision. 23
`(8) If the chief executive fails to decide the application within 90 24
days after its receipt, the failure is taken to be a decision by 25
the chief executive not to grant the application. 26
`34E Recording change of approved security plan 27
`(1) This section applies if a possession licensee receives an 28
information notice under section 34C(4), or a notice under 29
section 34D(4), about a change to the licensee's approved 30
security plan. 31
`(2) Within 14 days after receiving the notice, the licensee must 32
return the following documents to the chief executive-- 33
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Radiation Safety Amendment Bill 2009
[s 22]
(a) the plan, incorporating the change; 1
(b) the licensee's possession licence in which the plan is 2
identified. 3
Maximum penalty--50 penalty units. 4
`(3) On receiving the plan, incorporating the change, the chief 5
executive must immediately endorse the plan with the chief 6
executive's written approval and give the endorsed plan to the 7
licensee. 8
`(4) On receiving the licence, the chief executive must 9
immediately amend the licence to identify the amended plan 10
and give the amended licence to the licensee. 11
`Subdivision 3 Obligations in relation to approved 12
security plans 13
`34F Obligations in relation to approved security 14
plan--possession licensees 15
`(1) This section applies to a possession licensee who, under the 16
licence, possesses a security enhanced source. 17
`(2) The licensee must take reasonable steps to ensure a person to 18
whom the approved security plan for the source applies-- 19
(a) has always available for inspection a copy of the parts of 20
the plan relevant to the person; and 21
(b) has undergone the training program mentioned in the 22
plan. 23
Maximum penalty for subsection (2)--2500 penalty units. 24
`34G Obligations in relation to approved security 25
plan--access of persons to security enhanced 26
source 27
`(1) This section applies if a possession licensee, under the 28
licence, possesses a security enhanced source. 29
`(2) A person (the first person) must not personally access, or 30
allow another person access to, the source unless-- 31
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Radiation Safety Amendment Bill 2009
[s 22]
(a) the approved security plan provides for the first person 1
and the other person to access the source; and 2
(b) the first person has available for inspection a copy of the 3
parts of the approved security plan relevant to the access 4
to the source; and 5
(c) the first person has undergone the training program 6
mentioned in the plan. 7
Maximum penalty for subsection (2)--2500 penalty units. 8
`Division 1B Transport security plans 9
`Subdivision 1 Interpretation 10
`34H What is a transport security plan 11
`(1) A transport security plan is a plan for the security of a 12
radioactive substance that is a security enhanced source 13
during the transport of the source. 14
`(2) The plan must state the following-- 15
(a) particulars of the security enhanced source to be 16
transported; 17
(b) particulars of the transport arrangements for the source; 18
(c) particulars, and an assessment, of all the security risks 19
relating to the transport of the source the transport 20
security plan holder of the plan knows, or ought 21
reasonably to know, exist or might arise; 22
(d) persons who have access to the source and the type of 23
access each person has to the source; 24
(e) other persons to whom the plan applies; 25
(f) the period for which the plan applies; 26
(g) the transport security measures for the source; 27
(h) any other measures necessary to deal with risks to the 28
security of the source; 29
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Radiation Safety Amendment Bill 2009
[s 22]
(i) how the transport security plan holder proposes to 1
monitor and review the implementation and 2
effectiveness of the measures; 3
(j) particulars of a training program for persons to whom 4
the plan applies; 5
(k) if the transport security plan holder is a 6
corporation--the name of the nominated person for the 7
holder; 8
(l) other particulars prescribed under a regulation. 9
`(3) The plan must be written in a way likely to be easily 10
understood by persons required to comply with the plan. 11
`(4) The plan must be dated and signed by the transport security 12
plan holder. 13
`(5) In this section-- 14
transport security measures are measures, prescribed under a 15
regulation, for ensuring the security of a security enhanced 16
source during its transport. 17
`Subdivision 2 Approval of, and amendment of 18
approved, transport security plans 19
`34I When a person must have a transport security plan 20
`(1) This section applies to the following persons-- 21
(a) a possession licensee acquiring a security enhanced 22
source that needs to be transported to effect the 23
acquisition; 24
(b) a possession licensee relocating a security enhanced 25
source that needs to be transported to effect the 26
relocation; 27
(c) a possession licensee whose security enhanced source is 28
being transported between locations for the licensee's 29
radiation practice; 30
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Radiation Safety Amendment Bill 2009
[s 22]
(d) a transport licensee who is transporting 2 or more 1
radioactive substances that have become a security 2
enhanced source as a result of their aggregation; 3
(e) another person who is transporting 2 or more radioactive 4
substances that have become a security enhanced source 5
as a result of their aggregation. 6
`(2) A person to whom this section applies must not transport a 7
security enhanced source unless the person has an approved 8
transport security plan for the transport of the source. 9
Maximum penalty--2500 penalty units. 10
Note-- 11
Sections 14 and 15 state the circumstances in which a person must hold 12
a transport licence to transport a radioactive substance that is a security 13
enhanced source. 14
`34J Application for approval of transport security plan 15
`(1) An application for approval of a transport security plan 16
must-- 17
(a) be made to the chief executive; and 18
(b) be in the approved form; and 19
(c) be accompanied by-- 20
(i) the proposed transport security plan; and 21
(ii) if the applicant is a possession licensee whose 22
security enhanced source is to be transported 23
between locations for the licensee's radiation 24
practice--the licensee's licence; and 25
(iii) the fee prescribed under a regulation. 26
`(2) The chief executive must consider the application and either 27
grant, or refuse to grant, the application. 28
`(3) The chief executive may grant the application only if the chief 29
executive is satisfied the plan is adequate for the transport of 30
the security enhanced source to which it relates, having regard 31
to the requirements for a transport security plan mentioned in 32
section 34H(2). 33
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Radiation Safety Amendment Bill 2009
[s 22]
`34K Inquiries into applications 1
`(1) Before deciding the application, the chief executive-- 2
(a) may investigate the applicant; and 3
(b) may, by written notice given to the applicant, require the 4
applicant to give the chief executive, within a reasonable 5
period of at least 30 days stated in the notice, further 6
information or a document the chief executive 7
reasonably requires to decide the application. 8
`(2) The applicant is taken to have withdrawn the application if, 9
within the stated period, the applicant does not comply with a 10
requirement under subsection (1)(b). 11
`(3) A notice under subsection (1)(b) must be given to the 12
applicant within 90 days after the chief executive receives the 13
application. 14
`34L Decision 15
`(1) If the chief executive decides to grant the application, the 16
chief executive must-- 17
(a) endorse the transport security plan with the chief 18
executive's written approval and give the endorsed plan 19
to the applicant; and 20
(b) if the applicant is a possession licensee whose security 21
enhanced source is being transported between locations 22
for the licensee's radiation practice--amend the 23
licensee's licence to identify the plan and give the 24
amended licence to the applicant. 25
`(2) If the chief executive decides to refuse to grant the 26
application, the chief executive must immediately give the 27
applicant an information notice about the decision. 28
`34M Failure to decide applications 29
`(1) Subject to subsections (2) and (3), if the chief executive fails 30
to decide the application within 90 days after its receipt, the 31
failure is taken to be a decision by the chief executive to 32
refuse to grant the application. 33
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Radiation Safety Amendment Bill 2009
[s 22]
`(2) Subsection (3) applies if-- 1
(a) a person has made an application for approval of a 2
transport security plan; and 3
(b) the chief executive has, under section 34K(1)(b), 4
required the applicant to give the chief executive further 5
information or a document. 6
`(3) The chief executive is taken to have refused to grant the 7
application if the chief executive does not decide the 8
application within 90 days after the chief executive receives 9
the further information or document. 10
`34N Changing approved transport security plan--chief 11
executive's initiative 12
`(1) The chief executive may change an approved transport 13
security plan if the chief executive considers it necessary or 14
desirable to make the change having regard to the 15
requirements for a transport security plan mentioned in 16
section 34H(2). 17
`(2) Before changing the plan, the chief executive must-- 18
(a) give a written notice to the transport security plan 19
holder, stating-- 20
(i) the particulars of the proposed change; and 21
(ii) the day it is proposed the change is to take effect; 22
and 23
(iii) that the transport security plan holder may make 24
written submissions to the chief executive about 25
the proposed change before a stated day; and 26
(b) have regard to written submissions made to the chief 27
executive by the transport security plan holder before 28
the stated day. 29
`(3) The stated day must not be earlier than 21 days after the notice 30
is given to the transport security plan holder. 31
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Radiation Safety Amendment Bill 2009
[s 22]
`(4) If the chief executive decides to change the plan, the chief 1
executive must immediately give the transport security plan 2
holder an information notice about the decision. 3
`(5) The change takes effect on the day stated for the change in the 4
information notice and does not depend on the plan being 5
amended to incorporate the change. 6
`(6) The day mentioned in subsection (5) must not be earlier than 7
35 days after the notice is given to the transport security plan 8
holder. 9
`34O Changing approved transport security 10
plan--application by transport security plan holder 11
`(1) A transport security plan holder may apply to the chief 12
executive to change the transport security plan holder's 13
approved transport security plan. 14
`(2) The application must-- 15
(a) be in the approved form; and 16
(b) be accompanied by the fee prescribed under a 17
regulation. 18
`(3) In deciding whether to grant the application, the chief 19
executive must have regard to the requirements for a transport 20
security plan mentioned in section 34H(2). 21
`(4) If the chief executive decides to grant the application, the 22
chief executive must immediately give the transport security 23
plan holder notice of the decision. 24
`(5) The change takes effect on the day stated for the change in the 25
notice and does not depend on the plan being amended to 26
incorporate the change. 27
`(6) The day mentioned in subsection (5) must not be earlier than 28
35 days after the notice is given to the transport security plan 29
holder. 30
`(7) If the chief executive decides not to grant the application, the 31
chief executive must immediately give the transport security 32
plan holder an information notice about the decision. 33
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Radiation Safety Amendment Bill 2009
[s 22]
`(8) If the chief executive fails to decide the application within 90 1
days after its receipt, the failure is taken to be a decision by 2
the chief executive not to grant the application. 3
`34P Recording change of approved transport security 4
plan 5
`(1) This section applies if a transport security plan holder receives 6
an information notice under section 34N(4), or a notice under 7
section 34O(4), about a change to the transport security plan 8
holder's approved transport security plan. 9
`(2) Within 14 days after receiving the notice, the transport 10
security plan holder must return the following documents to 11
the chief executive-- 12
(a) the plan incorporating the change; and 13
(b) if the applicant is a possession licensee whose security 14
enhanced source is being transported between locations 15
for the licensee's radiation practice--the licensee's 16
possession licence in which the plan is identified. 17
Maximum penalty--50 penalty units. 18
`(3) On receiving the plan, incorporating the change, the chief 19
executive must immediately endorse the plan with the chief 20
executive's written approval and give the endorsed plan to the 21
transport security plan holder. 22
`(4) On receiving the licence, the chief executive must 23
immediately amend the licence to identify the amended plan 24
and give the amended licence to the licensee. 25
`Subdivision 3 Obligations in relation to approved 26
transport security plans 27
`34Q Obligations in relation to approved transport security 28
plan--transport security plan holder 29
`A transport security plan holder must take reasonable steps to 30
ensure a person to whom the approved transport security plan 31
applies-- 32
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Radiation Safety Amendment Bill 2009
[s 23]
(a) has always available for inspection a copy of the parts of 1
the plan relevant to the person; and 2
(b) has undergone the training program mentioned in the 3
plan. 4
Maximum penalty--2500 penalty units. 5
`34R Obligations in relation to approved transport security 6
plan--access of persons to security enhanced 7
source 8
`(1) This section applies if there is an approved transport security 9
plan for the transport of a security enhanced source. 10
`(2) A person (the first person) must not personally access, or 11
allow another person access to, the source unless-- 12
(a) the approved transport security plan provides for the 13
first person and the other person to access the source; 14
and 15
(b) the first person has available for inspection a copy of the 16
parts of the approved transport security plan relevant to 17
the access to the source; and 18
(c) the first person has undergone the training program 19
mentioned in the plan. 20
Maximum penalty for subsection (2)--2500 penalty units.'. 21
Clause 23 Amendment of pt 6, div 6, heading (Additional obligations 22
of possession licensees and persons carrying out 23
radiation practices) 24
Part 6, division 6, heading, `persons carrying out radiation 25
practices'-- 26
omit, insert-- 27
`other persons'. 28
Page 25
Radiation Safety Amendment Bill 2009
[s 24]
Clause 24 Amendment of s 43 (Additional obligations of possession 1
licensees) 2
Section 43(2)-- 3
omit, insert-- 4
`(2) The licensee must take reasonable steps to ensure that neither 5
of the following is adversely affected by exposure to radiation 6
because of the carrying out of the practice with the source-- 7
(a) the health or safety of any person; 8
(b) the environment. 9
Maximum penalty--500 penalty units.'. 10
Clause 25 Amendment of s 44 (Additional obligation of persons 11
carrying out radiation practices) 12
Section 44(2)-- 13
omit, insert-- 14
`(2) A person carrying out the practice with the source must take 15
reasonable steps to ensure that neither of the following is 16
adversely affected by exposure to radiation because of the 17
way the person carries out the practice-- 18
(a) the health or safety of any person; 19
(b) the environment. 20
Maximum penalty--500 penalty units.'. 21
Clause 26 Insertion of new ss 44A and 44B 22
Part 6, division 6-- 23
insert-- 24
`44A Additional obligations of persons for security 25
enhanced sources 26
`(1) This section applies to the following persons-- 27
(a) a possession licensee who, under the licence, possesses 28
a security enhanced source; 29
Page 26
Radiation Safety Amendment Bill 2009
[s 26]
(b) the possession licensee's employees and other persons 1
who have access, or control access, to the source under 2
the licensee's approved security plan or approved 3
transport security plan for the source; 4
(c) other persons to whom the possession licensee's 5
approved security plan or approved transport security 6
plan applies; 7
(d) a transport licensee who is transporting 2 or more 8
radioactive substances that have become a security 9
enhanced source as a result of their aggregation; 10
(e) the transport licensee's employees and other persons 11
who have access, or control access, to the source under 12
the licensee's approved transport security plan for the 13
source; 14
(f) other persons to whom the transport licensee's approved 15
transport security plan applies; 16
(g) another person (the transporter) who is transporting 2 17
or more radiation sources that have become a security 18
enhanced source as a result of their aggregation; 19
(h) the transporter's employees and other persons who have 20
access, or control access, to the source under the 21
transporter's approved transport security plan for the 22
source; 23
(i) other persons to whom the transporter's approved 24
transport security plan applies. 25
`(2) A person to whom this section applies must take reasonable 26
steps to ensure the security of the security enhanced source. 27
Maximum penalty--2500 penalty units. 28
`(3) Without limiting the ways in which a person may comply with 29
subsection (2), a person is taken to comply with subsection (2) 30
if, at the relevant time, the person is complying with the parts 31
of the following that apply to the person-- 32
(a) the licensee's approved security plan; 33
(b) an approved transport security plan applying to the 34
transport of the source. 35
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Radiation Safety Amendment Bill 2009
[s 27]
`(4) In this section-- 1
employees, of a licensee or transporter, include agents of the 2
licensee or transporter and the agents' employees. 3
`44B Requirement to have a nominated person 4
`(1) This section applies to the following licensees if the licensee 5
is a corporation-- 6
(a) a possession licensee who is allowed to possess a 7
security enhanced source under the licence; 8
(b) a transport licensee who is allowed to transport a 9
radioactive substance that is a security enhanced source 10
other than by road. 11
`(2) The licensee must appoint and retain an individual (a 12
nominated person) to oversee the security of the security 13
enhanced source. 14
Maximum penalty--2500 penalty units. 15
`(3) If the appointment of the licensee's nominated person ends, 16
the licensee must give the chief executive written notice of the 17
ending of the appointment within 7 days of its ending. 18
`(4) If the licensee gives the chief executive written notice under 19
subsection (3), the licensee does not contravene subsection (2) 20
in relation to any period, before the start of a new 21
appointment, that may be reasonably necessary for the 22
appointment to be made or take effect.'. 23
Clause 27 Amendment of s 45 (Notification of dangerous events) 24
(1) Section 45(1)(b)-- 25
insert-- 26
`(iv) the source is damaged; 27
(v) the source is subject to access that is not provided 28
for under an approved security plan or approved 29
transport security plan.'. 30
(2) Section 45(2), penalty-- 31
Page 28
Radiation Safety Amendment Bill 2009
[s 27]
omit, insert-- 1
`Maximum penalty-- 2
(a) if the dangerous event relates to a radiation source that is 3
not a security enhanced source--100 penalty units; or 4
(b) if the dangerous event relates to a radiation source that is 5
a security enhanced source--2500 penalty units.'. 6
(3) Section 45(3)(b)-- 7
omit, insert-- 8
`(b) state the following-- 9
(i) particulars adequate to identify the source; 10
(ii) if the licensee knows the location of the source, its 11
location; 12
(iii) if the licensee does not know the location of the 13
source, the last location known to the licensee; 14
(iv) the circumstances surrounding the dangerous 15
event; 16
(v) the steps taken, or proposed to be taken, to remedy 17
the consequences of the dangerous event and to 18
prevent the event happening again; 19
Example-- 20
The possession licensee may initiate a review of the relevant 21
security plan and submit changes to the plan to the chief 22
executive for approval. 23
(vi) if a source is lost or stolen, other information 24
relevant to the recovery of the source.'. 25
(4) Section 45-- 26
insert-- 27
`(4A) If a notice under subsection (2) relates to a security enhanced 28
source, the chief executive must immediately advise each 29
relevant authority the chief executive considers appropriate of 30
the details contained in the notice.'. 31
(5) Section 45(5), definition radiation incident-- 32
omit. 33
Page 29
Radiation Safety Amendment Bill 2009
[s 28]
(6) Section 45(5)-- 1
insert-- 2
`radiation incident means an incident adversely affecting, or 3
likely to adversely affect, either of the following because of 4
the emission of radiation-- 5
(a) the health or safety of any person; 6
(b) the environment. 7
relevant authority means-- 8
(a) the Queensland Police Service; or 9
(b) a body that has power under an Act of the 10
Commonwealth or a State to deal with a radiation 11
incident or dangerous event; or 12
(c) another body prescribed by regulation.'. 13
Clause 28 Replacement of s 51 (Procedural requirements for 14
applications) 15
Section 51-- 16
omit, insert-- 17
`51 Procedural requirements for applications 18
`(1) An application for an Act instrument must-- 19
(a) be made to the chief executive; and 20
(b) be in the approved form; and 21
(c) be accompanied by the following-- 22
(i) the fees prescribed under a regulation; 23
(ii) if the applicant is an individual--the documents 24
prescribed under a regulation to prove the 25
applicant's identity; 26
(iii) if the applicant is required to appoint a nominated 27
person--the documents prescribed under a 28
regulation to prove the nominated person's 29
identity; 30
Page 30
Radiation Safety Amendment Bill 2009
[s 28]
(iv) other documents prescribed under a regulation. 1
`(2) If the application is for a possession licence for a radiation 2
source that is not a security enhanced source, the application 3
must also be accompanied by the proposed radiation safety 4
and protection plan for the radiation practice for which the 5
applicant wants to possess the radiation source. 6
`(3) If the application is for a possession licence for a radiation 7
source that is a security enhanced source, the application must 8
also be accompanied by-- 9
(a) the proposed radiation safety and protection plan for the 10
radiation practice for which the applicant wants to 11
possess the radiation source; and 12
(b) the proposed security plan for the radiation source. 13
`(4) If the application is for an approval to relocate, the application 14
must also be accompanied by the written approval for the 15
proposed relocation given by the regulatory authority 16
responsible for preventing or minimising health risks to any 17
person or harm to the environment, in so far as exposure to 18
radiation is concerned, in the locality to which the applicant 19
proposes to relocate the radiation source concerned. 20
`(5) If the application is for a possession licence or transport 21
licence for a security enhanced source or a use licence for a 22
portable security enhanced source-- 23
(a) the application must also be accompanied by the fee 24
prescribed under a regulation for the security check and 25
criminal history check under division 10; and 26
(b) the approved form must require-- 27
(i) the disclosure of the applicant's criminal history; 28
and 29
(ii) if the applicant is a corporation-- 30
(A) the nomination by the corporation of the 31
individual who will oversee the security of 32
the security enhanced source; and 33
(B) the disclosure of that individual's criminal 34
history. 35
Page 31
Radiation Safety Amendment Bill 2009
[s 29]
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 1
does not apply to a disclosure under subsection (5)(b). 2
`(7) The chief executive must consider the application and either 3
grant, or refuse to grant, the application. 4
`(8) The chief executive may grant the application only if the chief 5
executive is satisfied the applicant is a suitable person to hold 6
the instrument.'. 7
Clause 29 Amendment of s 53 (Criteria for 8
applications--possession licences) 9
(1) Section 53(d), `and 43'-- 10
omit, insert-- 11
`34F, 34Q, 43, 44A and 44B'. 12
(2) Section 53(g) and (h)-- 13
omit, insert-- 14
`(g) the outcome of the security check and criminal history 15
check under division 10 for-- 16
(i) the applicant; or 17
(ii) if the applicant is a corporation, the nominated 18
person for the applicant; 19
(h) whether the applicant held an Act instrument under this 20
Act, or a similar instrument under the repealed Act or a 21
corresponding law, that was suspended or cancelled; 22
(i) if the application relates to a security enhanced source, 23
the adequacy of the proposed security plan for the 24
source, having regard to section 34A; 25
(j) anything else relevant to the security of the radiation 26
source to which the application relates; 27
(k) anything else relevant to the following in so far as 28
exposure to radiation is concerned-- 29
(i) the health or safety of any person; 30
(ii) harm to the environment.'. 31
Page 32
Radiation Safety Amendment Bill 2009
[s 30]
(3) Section 53-- 1
insert-- 2
`(2) For subsection (1)(g), the chief executive must have regard to 3
whether-- 4
(a) a person mentioned in that provision has been convicted 5
of, or charged with, a relevant offence in Queensland or 6
elsewhere; and 7
(b) it is an unacceptable security risk for the person to 8
possess a security enhanced source.'. 9
Clause 30 Amendment of s 54 (Criteria for applications--use 10
licences) 11
(1) Section 54(e) and (f)-- 12
omit, insert-- 13
`(e) the outcome of the security check and criminal history 14
check under division 10 for the applicant; 15
(f) whether the applicant held an Act instrument under this 16
Act, or a similar instrument under the repealed Act or a 17
corresponding law, that was suspended or cancelled; 18
(g) anything else relevant to the security of the radiation 19
source to which the application relates; 20
(h) anything else relevant to the following in so far as 21
exposure to radiation is concerned-- 22
(i) the health or safety of any person; 23
(ii) harm to the environment.'. 24
(2) Section 54-- 25
insert-- 26
`(2) For subsection (1)(e), the chief executive must have regard to 27
whether-- 28
(a) the applicant has been convicted of, or charged with, a 29
relevant offence in Queensland or elsewhere; and 30
Page 33
Radiation Safety Amendment Bill 2009
[s 31]
(b) it is an unacceptable security risk for the applicant to use 1
a security enhanced source.'. 2
Clause 31 Amendment of s 55 (Criteria for applications--transport 3
licences) 4
(1) Section 55(f) and (g)-- 5
omit, insert-- 6
`(f) the outcome of the security check and criminal history 7
check under division 10 for-- 8
(i) the applicant; and 9
(ii) if the applicant is a corporation, the nominated 10
person for the applicant; 11
(g) whether the applicant held an Act instrument under this 12
Act, or a similar instrument under the repealed Act or a 13
corresponding law, that was suspended or cancelled; 14
(h) anything else relevant to the security of the radioactive 15
substance to which the application relates; 16
(i) anything else relevant to the following in so far as 17
exposure to radiation is concerned-- 18
(i) the health or safety of any person; 19
(ii) harm to the environment.'. 20
(2) Section 55-- 21
insert-- 22
`(2) For subsection (1)(f), the chief executive must have regard to 23
whether-- 24
(a) a person mentioned in that provision has been convicted 25
of, or charged with, a relevant offence in Queensland or 26
elsewhere; and 27
(b) it is an unacceptable security risk for the person to 28
transport a security enhanced source.'. 29
Page 34
Radiation Safety Amendment Bill 2009
[s 32]
Clause 32 Amendment of s 56 (Criteria for 1
applications--accreditation certificates) 2
Section 56(e)-- 3
omit, insert-- 4
`(e) anything else relevant to the following in so far as 5
exposure to radiation is concerned-- 6
(i) the health or safety of any person; 7
(ii) harm to the environment.'. 8
Clause 33 Amendment of s 57 (Criteria for applications--approvals 9
to acquire) 10
Section 57(f)-- 11
omit, insert-- 12
`(f) whether the radiation source to which the application 13
relates, when aggregated with radiation sources already 14
in the applicant's possession, will result in the applicant 15
being in possession of a security enhanced source; 16
(g) if the application relates to a security enhanced source-- 17
(i) the adequacy of the approved security plan for the 18
source, having regard to section 34A; and 19
(ii) the adequacy of any approved transport security 20
plan for the source, having regard to section 34H; 21
(h) anything else relevant to the security of the radiation 22
source to which the application relates; 23
(i) anything else relevant to the following in so far as 24
exposure to radiation is concerned-- 25
(i) the health or safety of any person; 26
(ii) harm to the environment.'. 27
Clause 34 Amendment of s 58 (Criteria for applications--approvals 28
to dispose) 29
Section 58(f)-- 30
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Radiation Safety Amendment Bill 2009
[s 35]
omit, insert-- 1
`(f) anything relevant to the security of the radioactive 2
material to which the application relates; 3
(g) anything else relevant to the following in so far as 4
exposure to radiation is concerned-- 5
(i) the health or safety of any person; 6
(ii) harm to the environment.'. 7
Clause 35 Amendment of s 59 (Criteria for applications--approvals 8
to relocate) 9
Section 59(1)(e)-- 10
omit, insert-- 11
`(e) if the application relates to a security enhanced source-- 12
(i) the adequacy of the approved security plan for the 13
source, having regard to section 34A; and 14
(ii) the adequacy of the approved transport security 15
plan for the source, having regard to section 34H; 16
(f) anything else relevant to the security of the radiation 17
source to which the application relates; 18
(g) anything else relevant to the following in so far as 19
exposure to radiation is concerned-- 20
(i) the health or safety of any person; 21
(ii) harm to the environment.'. 22
Clause 36 Amendment of s 60 (Criteria for applications--radiation 23
safety officer certificates) 24
(1) Section 60(b)(iii), `and protection'-- 25
omit, insert-- 26
`, protection and security'. 27
(2) Section 60(h)-- 28
omit, insert-- 29
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Radiation Safety Amendment Bill 2009
[s 37]
`(h) anything else relevant to the following in so far as 1
exposure to radiation is concerned-- 2
(i) the health or safety of any person; 3
(ii) harm to the environment.'. 4
Clause 37 Amendment of s 61 (Inquiries into applications) 5
(1) Section 61(2)(a)(ii)-- 6
omit, insert-- 7
`(ii) the applicant's knowledge of issues relevant to the 8
following in so far as exposure to radiation is 9
concerned-- 10
(A) the health or safety of any person; 11
(B) harm to the environment; and 12
(iii) the applicant's knowledge of issues relevant to the 13
security of the source; or'. 14
(2) Section 61(2)(b)(ii)-- 15
omit, insert-- 16
`(ii) the applicant's knowledge of issues relevant to the 17
following in so far as exposure to radiation is 18
concerned-- 19
(A) the health or safety of any person; 20
(B) harm to the environment; and 21
(iii) the applicant's knowledge of issues relevant to the 22
security of the substance; or'. 23
(3) Section 61(2)(c)(iii)-- 24
omit, insert-- 25
`(iii) the applicant's knowledge of issues relevant to the 26
following in so far as exposure to radiation is 27
concerned-- 28
(A) the health or safety of any person; 29
(B) harm to the environment; and 30
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Radiation Safety Amendment Bill 2009
[s 38]
(iv) the applicant's knowledge of issues relevant to the 1
security of a radiation source; or'. 2
(4) Section 61(2)(d)(ii)(C), `and protection'-- 3
omit, insert-- 4
`, protection and security'. 5
(5) Section 61(2)(d)(v)-- 6
omit, insert-- 7
`(v) the applicant's knowledge of issues relevant to the 8
following in so far as exposure to radiation is 9
concerned-- 10
(A) the health or safety of any person; 11
(B) harm to the environment.'. 12
Clause 38 Amendment of s 66 (Additional information for 13
possession licences) 14
Section 66(2)-- 15
omit, insert-- 16
`(2) Also, the approved form must identify-- 17
(a) the approved radiation safety and protection plan for the 18
radiation practice; and 19
(b) if the licensee is in possession of a security enhanced 20
source-- 21
(i) the approved security plan for the source; and 22
(ii) the approved transport security plan for the source 23
if the licensee's security enhanced source is being 24
transported between locations for the licensee's 25
radiation practice.'. 26
Clause 39 Amendment of s 76 (Imposition of conditions by chief 27
executive) 28
Section 76(1)-- 29
omit, insert-- 30
Page 38
Radiation Safety Amendment Bill 2009
[s 40]
`(1) The chief executive may issue an Act instrument on 1
conditions the chief executive considers necessary or 2
desirable-- 3
(a) to protect persons, or the environment, from the harmful 4
effects of radiation; or 5
(b) to ensure the security of a radiation source.'. 6
Clause 40 Amendment of s 88 (Immediate suspension of licence or 7
accreditation certificate pending formal cancellation 8
procedure) 9
Section 88(1)(b)-- 10
omit, insert-- 11
`(b) it is necessary to immediately suspend the licence until 12
the formal cancellation procedure is completed-- 13
(i) in the interests of the health or safety of any person 14
who may be exposed to radiation emitted from the 15
radiation source to which the licence relates; or 16
(ii) because the environment may be harmed by 17
exposure to radiation emitted from the radiation 18
source to which the licence relates; or 19
(iii) because the security of a radiation source to which 20
the licence relates is at risk.'. 21
Clause 41 Amendment of s 95 (Changing conditions of conditional 22
Act instruments--chief executive acting on own 23
initiative) 24
Section 95(1)-- 25
omit, insert-- 26
`(1) The chief executive may decide to change the conditions of a 27
conditional Act instrument imposed by the chief executive if 28
the chief executive considers it necessary or desirable to make 29
the change-- 30
Page 39
Radiation Safety Amendment Bill 2009
[s 42]
(a) to protect persons, or the environment, from the harmful 1
effects of radiation; or 2
(b) to ensure the security of a radiation source.'. 3
Clause 42 Insertion of new pt 7, div 10 4
Part 7-- 5
insert-- 6
`Division 10 Security and criminal history 7
checks for applicants for Act 8
instruments 9
`103A Persons for whom security and criminal history 10
checks may be conducted 11
(1) The chief executive may conduct a security check and 12
criminal history check for the following-- 13
(a) an applicant for a possession licence for a security 14
enhanced source; 15
(b) an applicant for a transport licence for a security 16
enhanced source; 17
(c) if an applicant mentioned in paragraph (a) or (b) is a 18
corporation, the nominated person for the applicant; 19
(d) an applicant for a use licence for a portable security 20
enhanced source; 21
(e) a person who is to have access to a portable security 22
enhanced source under the approved security plan for 23
the source if-- 24
(i) requested in the approved form by the possession 25
licensee for the source; and 26
(ii) the request is accompanied by the written consent 27
of the person who is to have access to the source; 28
(f) a person who is to have access to a security enhanced 29
source under the approved transport security plan for the 30
transport of the source if-- 31
Page 40
Radiation Safety Amendment Bill 2009
[s 42]
(i) requested in the approved form by the transport 1
security plan holder for the source; and 2
(ii) the request is accompanied by the written consent 3
of the person who is to have access to the source. 4
`(2) The chief executive may conduct a criminal history check for 5
an applicant for an Act instrument if the chief executive 6
knows, or reasonably suspects, that the applicant has been 7
convicted of an indictable offence. 8
`(3) A regulation may prescribe a fee for a security check or 9
criminal history check and the person by whom the fee must 10
be paid. 11
`103B Criminal history check etc. 12
`(1) The chief executive may ask the commissioner of police or 13
other entity for a written report about the criminal history of a 14
person for section 103A(1) or (2). 15
`(2) Also, the chief executive may ask the commissioner of police 16
or other entity for a brief description of the circumstances of a 17
conviction or charge mentioned in the person's criminal 18
history. 19
`(3) For subsections (1) and (2), the chief executive's request may 20
include the following information-- 21
(a) the person's name and any other name the chief 22
executive believes the person may use or have used; 23
(b) the person's residential address; 24
(c) the person's gender and date and place of birth. 25
`(4) After receiving the written report about the criminal history of 26
the person, the chief executive may request further 27
information about the person's criminal history from the 28
commissioner of police or other entity. 29
`(5) Further information provided under subsection (4) is taken to 30
be part of the person's criminal history check. 31
`(6) Subject to subsection (7), the commissioner of police must 32
comply with a request under this section. 33
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Radiation Safety Amendment Bill 2009
[s 42]
`(7) The commissioner of police's obligation to comply with the 1
request applies only to information in the possession of the 2
commissioner or to which the commissioner has access. 3
`(8) The Criminal Law (Rehabilitation of Offenders) Act 1986 4
does not apply to the asking for, or giving of, the information 5
mentioned under this section. 6
`103C Security check 7
`(1) The chief executive may ask the commissioner of police or 8
other entity to-- 9
(a) conduct a security check for a person for section 10
103A(1); and 11
(b) advise the chief executive of the outcome of the security 12
check for the person. 13
`(2) After receiving the outcome of the security check for the 14
person, the chief executive may request further information 15
about the security check from the commissioner of police or 16
other entity. 17
`(3) Further information provided under subsection (2) is taken to 18
be part of the person's security check. 19
`(4) Subject to subsection (5), the commissioner of police must 20
comply with a request under this section. 21
`(5) The commissioner of police's obligation to comply with the 22
request applies only to information in the possession of the 23
commissioner or other entity or to which the commissioner or 24
other entity has access. 25
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 26
does not apply to the asking for, or giving of, the information 27
mentioned in this section. 28
`103D Commissioner of police must notify changes in 29
criminal history 30
`(1) This section applies if a person who is charged with an 31
offence is a person for whom a security check or criminal 32
history check has been conducted under this division. 33
Page 42
Radiation Safety Amendment Bill 2009
[s 42]
`(2) The commissioner of police must notify the chief executive 1
about the change in the person's criminal history. 2
`(3) The notice must state the following-- 3
(a) the person's name and address; 4
(b) the person's date of birth; 5
(c) the offence the person is charged with; 6
(d) particulars of the offence; 7
(e) the date of the charge. 8
`(4) On receiving a notice under subsection (2) about the person, 9
the chief executive may write to the person to inform the 10
person of their obligation under section 103H. 11
`(5) The Criminal Law (Rehabilitation of Offenders) Act 1986 12
does not apply to the giving of a notification under subsection 13
(2). 14
`103E When chief executive must give a person details of 15
information received about the person 16
`(1) This section applies to information about a person received by 17
the chief executive under sections 103B, 103C or 103D. 18
`(2) Before using the information to make a decision under this 19
Act the chief executive must give written notice to the person 20
stating-- 21
(a) details of the information received; and 22
(b) that the person may, within a stated period of not less 23
than 28 days, make representations to the chief 24
executive about the information. 25
`(3) However, subsection (2) does not apply if under a law of the 26
Commonwealth-- 27
(a) the person has already been given the opportunity to 28
make representations about the information; or 29
(b) a decision has been made that the information should 30
not be given to the person because it would be 31
prejudicial to the interests of national security. 32
Page 43
Radiation Safety Amendment Bill 2009
[s 42]
`103F Representations about information in notice 1
`(1) The person receiving a notice under section 103E may make 2
written representations about the information contained in the 3
notice within the period stated in the notice. 4
`(2) The chief executive must consider all representations made 5
under subsection (1). 6
`103G When chief executive may give information to 7
possession licensee or transport security plan holder 8
`(1) Subsection (2) applies if the chief executive has conducted a 9
security check and criminal history check for a person at the 10
request of a possession licensee or transport security plan 11
holder under section 103A(1)(e) or (f). 12
`(2) The chief executive may advise the possession licensee or 13
transport security plan holder of the outcome of the security 14
check and criminal history check for the person. 15
`103H Changes in criminal history 16
`(1) This section applies if there is a change in the criminal history 17
of a person for whom a criminal history check has been, or is 18
being, conducted under this division. 19
`(2) The person must immediately disclose the details of the 20
change to the chief executive. 21
`(3) For a person who does not have a criminal history, there is 22
taken to be a change in the person's criminal history if the 23
person acquires a criminal history. 24
`(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 25
does not apply to disclosure under this section. 26
`103I Requirements for disclosure of changes in criminal 27
history 28
`(1) To comply with section 103H, the person must give the 29
disclosure in the approved form. 30
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Radiation Safety Amendment Bill 2009
[s 43]
`(2) The information disclosed by the person about a conviction or 1
charge for an offence in the person's criminal history must 2
include each of the following-- 3
(a) the existence of the conviction or charge; 4
(b) when the offence was committed or alleged to have been 5
committed; 6
(c) details adequate to identify the offence or alleged 7
offence; 8
(d) for a conviction-- 9
(i) whether or not a conviction was recorded; and 10
(ii) the sentence imposed on the person. 11
`103J Failure to disclose changes in criminal history 12
`A person must not fail to give the chief executive a disclosure 13
required under section 103H unless the person has a 14
reasonable excuse. 15
Maximum penalty--100 penalty units.'. 16
Clause 43 Amendment of s 117 (General powers after entering 17
places) 18
(1) Section 117(3)(d)-- 19
omit, insert-- 20
`(d) take an extract from, or copy, a document at the place or 21
take the document to another place to copy it; or 22
(da) if a video surveillance device is installed at the place to 23
monitor the security of a security enhanced 24
source--take a tape, disc or other thing from the device 25
for checking compliance with the approved security 26
plan for the source; or'. 27
(2) Section 117(3)(e)(i), after `person'-- 28
insert-- 29
`, or the environment,'. 30
Page 45
Radiation Safety Amendment Bill 2009
[s 43]
(3) Section 117(3)(e)(iii), after `persons'-- 1
insert-- 2
`, or the levels of risk of harm to the environment,'. 3
(4) Section 117(3)(e)-- 4
insert-- 5
`(v) if there is a security risk concerning a radiation 6
source, the level of the risk; or'. 7
(5) Section 117(3)-- 8
insert-- 9
`(ea) test a security device or other thing at the place to assess 10
the adequacy of measures to deal with the security of a 11
radiation source at the place; or'. 12
(6) Section 117(3)(f)-- 13
omit, insert-- 14
`(f) inquire into the circumstances and probable causes of 15
the following at the place-- 16
(i) a radiation hazard; 17
(ii) a security risk, or a security breach, concerning a 18
radiation source; 19
(iii) a risk of harm to the environment concerning a 20
radiation source; or'. 21
(7) Section 117(3)-- 22
insert-- 23
`(ga) if there is or has been an increased security risk, or a 24
security breach, concerning a radiation source at the 25
place-- 26
(i) require a person not to enter, or remain at or near, 27
the place; or 28
(ii) direct the actions of a person at or near the place; 29
or'. 30
(8) Section 117(4), after `(g),'-- 31
Page 46
Radiation Safety Amendment Bill 2009
[s 44]
insert-- 1
`(ga),'. 2
(9) Section 117-- 3
insert-- 4
`(5) If an inspector takes a document from a place to copy it, the 5
document must be copied and returned to the place as soon as 6
practicable. 7
`(6) If an inspector takes a tape, disc or other thing from a video 8
surveillance device, it must be copied and returned to the 9
place as soon as practicable.'. 10
Clause 44 Amendment of s 119 (Failure to comply with requirement 11
not to enter or remain at a place) 12
Section 119, after `(g)'-- 13
insert-- 14
`or (ga)'. 15
Clause 45 Amendment of s 124 (Stopping vehicle) 16
(1) Section 124(1)(c), after `safety'-- 17
insert-- 18
`, or the environment,'. 19
(2) Section 124(1)-- 20
insert-- 21
`(d) the security of radioactive material is at risk because of 22
the way the material is being transported in or on a 23
vehicle.'. 24
Clause 46 Amendment of s 148 (Emergency powers) 25
Section 148(1)(b)-- 26
insert-- 27
Page 47
Radiation Safety Amendment Bill 2009
[s 47]
`(iii) for a source that has been lost or stolen, to recover the 1
source because it poses, or may pose, a threat to national 2
security.'. 3
Clause 47 Amendment of s 163 (Membership of council) 4
Section 163(1)(b)(iii)-- 5
omit, insert-- 6
`(iii) ways of preventing or minimising health risks to 7
any person, or harm to the environment, in so far as 8
exposure to radiation is concerned; and'. 9
Clause 48 Amendment of s 198 (Evidentiary aids) 10
(1) Section 198(1)(d) to (k)-- 11
renumber as (f) to (m). 12
(2) Section 198(1)-- 13
insert-- 14
`(d) a stated document is an approved security plan for a 15
security enhanced source; 16
(e) a stated document is an approved transport security plan 17
for the transport of a security enhanced source;'. 18
(3) Section 198(1)(f) as renumbered, `or (c)'-- 19
omit, insert-- 20
`, (c), (d) or (e)'. 21
Clause 49 Amendment of s 200 (Recovery of costs of avoiding or 22
minimising adverse health effects) 23
(1) Section 200, heading, `health'-- 24
omit. 25
(2) Section 200(1)(a)(i)-- 26
omit, insert-- 27
Page 48
Radiation Safety Amendment Bill 2009
[s 50]
`(i) the court finds the defendant caused a situation that 1
resulted, or could have resulted, in either of the 2
following being adversely affected by committing 3
the offence-- 4
(A) the health or safety of any person; 5
(B) the environment; and'. 6
Clause 50 Amendment of s 209 (Confidentiality of information) 7
Section 209-- 8
insert-- 9
`(6A) However, subsection (6)(a) does not prevent the 10
Commonwealth or another State or entity giving the protected 11
information to someone else if the Commonwealth, State or 12
entity reasonably considers the giving of the information is 13
necessary to protect national security.'. 14
Clause 51 Amendment of s 211 (Protecting officials from liability) 15
Section 211(3), definition official-- 16
insert-- 17
`(f) a member; or 18
(g) a member of a committee.'. 19
Clause 52 Amendment of s 215 (Regulation-making power) 20
Section 215(2)-- 21
insert-- 22
`(fa) matters relating to the security of radiation sources to 23
prevent or minimise risks to any person or harm to the 24
environment;'. 25
Clause 53 Replacement of pt 14, div 3, heading 26
Part 14, division 3, heading-- 27
Page 49
Radiation Safety Amendment Bill 2009
[s 54]
omit, insert-- 1
`Division 3 Transitional provisions for Act No. 2
20 of 1999'. 3
Clause 54 Insertion of new pt 14, div 4 4
Part 14-- 5
insert-- 6
`Division 4 Transitional provisions for 7
Radiation Safety Amendment Act 8
2009 9
`231 Definitions for div 4 10
commencement means the commencement of this section. 11
transitional period means the period ending 6 months after 12
the commencement. 13
`232 Transitional provision relating to security plans for 14
possession licensees 15
`(1) This section applies to a possession licensee who, at the 16
commencement, is in possession of a security enhanced 17
source under the licensee's licence (the existing licence). 18
`(2) The provisions of this Act relating to security plans do not 19
apply to the possession licensee's existing licence while it 20
remains in force during the transitional period. 21
`(3) However, the provisions of the Act relating to security plans 22
apply to the existing licence if it is renewed during the 23
transitional period. 24
`(4) The possession licensee may, within the transitional period, 25
apply to have a new possession licence issued by the chief 26
executive. 27
`(5) The licensee's existing licence expires on the earliest of the 28
following-- 29
Page 50
Radiation Safety Amendment Bill 2009
[s 54]
(a) the expiry of the existing licence; 1
(b) the issue of a new licence to the licensee; 2
(c) the end of the transitional period. 3
`(6) Subsection (5) applies subject to section 81. 4
`233 Transitional provision for use licensees 5
`(1) This section applies to a use licensee who, at the 6
commencement, is authorised to use a radiation source that is 7
a portable security enhanced source under the licensee's 8
licence (the existing licence). 9
`(2) The use licensee may, within the transitional period, apply to 10
have a new use licence issued by the chief executive. 11
`(3) The licensee's existing licence is taken to expire on the earlier 12
of the following-- 13
(a) the issue of a new licence to the licensee; 14
(b) the end of the transitional period. 15
`234 Transitional provision for transport licensees 16
`(1) This section applies to a transport licensee who, at the 17
commencement, is authorised to transport a radioactive 18
substance that is a security enhanced source under the 19
licensee's licence (the existing licence). 20
`(2) The transport licensee may, within the transitional period, 21
apply to have a new transport licence issued by the chief 22
executive. 23
`(3) The licensee's existing licence is taken to expire on the earlier 24
of the following-- 25
(a) the issue of a new licence to the licensee; 26
(b) the end of the transitional period. 27
Page 51
Radiation Safety Amendment Bill 2009
[s 55]
`235 Transitional provision for transport security plans 1
`(1) Section 34I does not apply to the transport of a security 2
enhanced source by a person if the transport happens during 3
the transitional period. 4
`(2) However, nothing prevents the following during the 5
transitional period-- 6
(a) a person applying for approval of a transport security 7
plan; or 8
(b) the chief executive deciding the application. 9
`(3) Also, the provisions of part 6, division 1B apply to the 10
following-- 11
(a) an application made for an approval of a transport 12
security plan during the transitional period; 13
(b) a transport security plan approved by the chief executive 14
during the transitional period.'. 15
Clause 55 Amendment of sch 1 (Decisions for which information 16
notices must be given) 17
Schedule 1-- 18
insert-- 19
`34C changing an approved security plan for a
security enhanced source
34D refusing to grant an application to change an
approved security plan for a security enhanced
source
34L decision to refuse to grant an application for
approval of a transport security plan
34N changing an approved transport security plan
for the transport of a security enhanced source
34O refusing to grant an application to change an
approved transport security plan for the
transport of a security enhanced source'.
Page 52
Radiation Safety Amendment Bill 2009
[s 56]
Clause 56 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definition radiation safety and protection 2
principles-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
`approved security plan, for a security enhanced source, 7
means a security plan approved by the chief executive for the 8
source, and includes the plan as changed under section 34C or 9
34D. 10
approved transport security plan for a security enhanced 11
source, means a transport security plan approved by the chief 12
executive for the transport of the source, and includes the plan 13
as changed under section 34N or 34O. 14
commissioner of police means the commissioner of the police 15
service appointed under the Police Service Administration Act 16
1990. 17
conviction means a finding of guilt by a court, or the 18
acceptance of a plea of guilty by a court, whether or not a 19
conviction is recorded. 20
criminal history, of a person, means all the following-- 21
(a) every conviction of the person for an offence, in 22
Queensland or elsewhere, and whether before or after 23
the commencement of this Act; 24
(b) every charge made against the person for an offence, in 25
Queensland or elsewhere, and whether before or after 26
the commencement of this Act. 27
criminal history check, for a person, means a check of the 28
person's criminal history. 29
firearm see the Weapons Act 1990, schedule 2. 30
nominated person, for an applicant or a licensee that is a 31
corporation, means the individual nominated by the applicant 32
or licensee as the individual who will oversee the security of a 33
security enhanced source. 34
Page 53
Radiation Safety Amendment Bill 2009
[s 56]
other entity means an entity authorised to conduct a criminal 1
history check or security check under a law of a State or the 2
Commonwealth. 3
portable security enhanced source means a security 4
enhanced source that-- 5
(a) is able to be carried by a person from place to place; and 6
(b) is used, or intended for use, to carry out a radiation 7
practice; and 8
(c) if the source is a radioactive substance, is incorporated 9
in a sealed source apparatus designed to allow the 10
source to be carried by the person safely. 11
Example of portable security enhanced source-- 12
An industrial radiography gamma camera that is used to test for defects 13
in pipelines at different locations. 14
prescribed activity means an activity that is or is associated 15
with-- 16
(a) the use, handling or transport of a drug, chemical, 17
explosive, radiation source or biological agent; or 18
(b) the storage, collection or manufacture of a drug, 19
chemical, explosive, radiation source or biological 20
agent; or 21
(c) the sale, import or export of a drug, chemical, explosive, 22
radiation source or biological agent. 23
radiation safety, protection and security principles see 24
section 5. 25
relevant offence means-- 26
(a) an offence involving a prescribed activity; or 27
(b) an offence involving violence or threatened violence; or 28
(c) an offence involving the use, carriage, discharge or 29
possession of a firearm; or 30
(d) another offence prescribed under a regulation. 31
Page 54
Radiation Safety Amendment Bill 2009
[s 56]
security check means a check of a person's background and 1
activities to assess whether a person is, or may be, a threat to 2
national security. 3
security enhanced source means a radiation source, or an 4
aggregation of radiation sources, prescribed under a 5
regulation to be a security enhanced source. 6
security plan see section 34A(1). 7
transport, a security enhanced source, includes the 8
following-- 9
(a) prepare the source for transport; 10
(b) load and unload the source before, during and at the end 11
of its transport; 12
(c) temporarily store the source before, during and at the 13
end of its transport. 14
transport security plan see section 34H(1). 15
transport security plan holder means a person who has had a 16
transport security plan approved by the chief executive.'. 17
(3) Schedule 2, definition information notice-- 18
insert-- 19
`(h) if the decision is that an approved security plan be 20
changed--a direction to the person to return the 21
following documents to the chief executive, within 14 22
days after receiving the notice-- 23
(i) the plan, incorporating the change; 24
(ii) the person's possession licence in which the plan is 25
identified; 26
`(i) if the decision is that an approved transport security plan 27
be changed--a direction to the person to return the plan 28
incorporating the change to the chief executive, within 29
14 days after receiving the notice.'. 30
(4) Schedule 2, definition radiation hazard, after `person-- 31
insert-- 32
`, or the environment,'. 33
Page 55
© State of Queensland 2009
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