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This is a Bill, not an Act. For current law, see the Acts databases.


RADIATION SAFETY BILL 1999

       Queensland




RADIATION SAFETY BILL
        1999

 


 

 

Queensland RADIATION SAFETY BILL 1999 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY Division 1--Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 2--Operation of Act 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3--Objects 4 Main object of Act and its achievement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4--Radiation safety and protection principles 5 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 5--Interpretation 6 Interpretation to promote radiation safety and protection principles . . . . . . 16 7 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 8 When a possession licensee is taken to remain in possession of a radiation source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9 Meaning of "use" in relation to a radiation source or the carrying out of a radiation practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 Meaning of "carry out" in relation to a radiation practice . . . . . . . . . . . . . . 18 11 Meaning of "radiation practice" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 2--LICENCES 12 Requirement for possession licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 13 Requirement for use licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Requirement for transport licence--transport by road . . . . . . . . . . . . . . . . . 19 15 Requirement for transport licence--transport otherwise than by road . . . . . 20

 


 

2 Radiation Safety PART 3--RADIATION SAFETY STANDARDS AND CERTIFICATES OF COMPLIANCE Division 1--Radiation safety standards 16 Making of radiation safety standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2--Obligations of possession licensees in relation to radiation safety standards 17 Obligations of possession licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3--Certificates of compliance 18 When a possession licensee must obtain a certificate of compliance . . . . 22 19 Circumstances for giving certificate of compliance . . . . . . . . . . . . . . . . . . . 22 20 Assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 21 Amendment of assessment report--all requirements complied with . . . . . . 24 22 Amendment of assessment report--some requirements complied with . . . 25 PART 4--ACQUISITION, SUPPLY AND RELOCATION OF RADIATION SOURCES 23 Who may acquire a radiation source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Supply of radiation sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 25 Person must not relocate radiation source without approval . . . . . . . . . . . . 27 PART 5--DISPOSAL OF RADIOACTIVE MATERIAL AND RADIATION APPARATUS 26 Disposal of radioactive material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 Notification of disposal of radiation apparatus . . . . . . . . . . . . . . . . . . . . . . . 27 PART 6--OTHER RADIATION SAFETY AND PROTECTION PROVISIONS Division 1--Radiation safety and protection plans Subdivision 1--Interpretation 28 What is a "radiation safety and protection plan" . . . . . . . . . . . . . . . . . . . . . 28 Subdivision 2--Approval of, and amendment of approved, radiation safety and protection plans 29 Approval of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 Changing plan--chief executive's initiative . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Changing plan--application by possession licensee . . . . . . . . . . . . . . . . . . 31 32 Recording change of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

 


 

3 Radiation Safety Subdivision 3--Obligations in relation to approved radiation safety and protection plans 33 Obligations in relation to approved radiation safety and protection plan--possession licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 34 Obligations in relation to approved radiation safety and protection plan--persons carrying out a radiation practice . . . . . . . . . . . . . 32 Division 2--Radiation safety officers Subdivision 1--Appointment of radiation safety officers 35 When radiation safety officers must be appointed . . . . . . . . . . . . . . . . . . . . 33 36 Who may be appointed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Subdivision 2--Functions of radiation safety officers 37 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 3--Radiation monitoring 38 Radiation monitoring--possession and use licensees . . . . . . . . . . . . . . . . . . 35 39 Obligations about personal monitoring records--certain possession licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 40 Other obligations in relation to personal monitoring records . . . . . . . . . . . . 38 Division 4--Diagnostic or therapeutic procedures involving the irradiation of persons 41 Diagnostic or therapeutic procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Division 5--Limitation on exposure of any person to radiation 42 Causing radiation exposure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 6--Additional obligations of possession licensees and persons carrying out radiation practices 43 Additional obligations of possession licensees . . . . . . . . . . . . . . . . . . . . . . . 40 44 Additional obligation of persons carrying out radiation practices . . . . . . . . 41 Division 7--Mandatory reporting requirements 45 Notification of dangerous events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 46 False or misleading notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 8--Banned radiation sources 47 Banning of certain radiation sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 PART 7--ACT INSTRUMENTS Division 1--Preliminary 48 What is an "Act instrument" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

 


 

4 Radiation Safety 49 Who may apply for Act instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 50 Act instrument issued jointly to more than 1 person . . . . . . . . . . . . . . . . . . . 45 Division 2--Applications for, and issue of, Act instruments Subdivision 1--Applications 51 Procedural requirements for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 52 Different types of approval to acquire a radiation source . . . . . . . . . . . . . . . 46 Subdivision 2--Criteria for applications 53 Criteria for applications--possession licences . . . . . . . . . . . . . . . . . . . . . . . 46 54 Criteria for applications--use licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 55 Criteria for applications--transport licences . . . . . . . . . . . . . . . . . . . . . . . . . 48 56 Criteria for applications--accreditation certificates . . . . . . . . . . . . . . . . . . . 48 57 Criteria for applications--approvals to acquire . . . . . . . . . . . . . . . . . . . . . . . 49 58 Criteria for applications--approvals to dispose . . . . . . . . . . . . . . . . . . . . . . . 50 59 Criteria for applications--approvals to relocate . . . . . . . . . . . . . . . . . . . . . . 50 60 Criteria for applications--radiation safety officer certificates . . . . . . . . . . . 51 Subdivision 3--Decision on applications 61 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 62 Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 63 Failure to decide applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 64 Further consideration of applications for licences . . . . . . . . . . . . . . . . . . . . 55 Subdivision 4--Information in Act instruments 65 Forms of Act instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 66 Additional information for possession licences . . . . . . . . . . . . . . . . . . . . . . . 57 67 Additional information for use licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 68 Additional information for transport licences . . . . . . . . . . . . . . . . . . . . . . . . 57 69 Additional information for accreditation certificates . . . . . . . . . . . . . . . . . . 57 70 Additional information for approvals to acquire . . . . . . . . . . . . . . . . . . . . . . 58 71 Additional information for approvals to dispose . . . . . . . . . . . . . . . . . . . . . . 58 72 Additional information for approvals to relocate . . . . . . . . . . . . . . . . . . . . . . 58 73 Additional information for radiation safety officer certificates . . . . . . . . . . 58 Subdivision 5--Terms of Act instruments 74 Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

 


 

5 Radiation Safety Subdivision 6--Conditions of Act instruments 75 Standard conditions for certain Act instruments . . . . . . . . . . . . . . . . . . . . . . 59 76 Imposition of conditions by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . 60 77 Contravention of condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3--Renewal of certain Act instruments 78 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 79 Applications for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 80 Inquiries into applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 81 Renewable Act instrument taken to be in force while application is considered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 4--Provisions about suspension and cancellation of Act instruments Subdivision 1--Suspension and cancellation of Act instruments 82 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 83 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 84 Representations about show cause notices . . . . . . . . . . . . . . . . . . . . . . . . . . 63 85 Ending show cause process without further action . . . . . . . . . . . . . . . . . . . . 64 86 Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 87 Return of cancelled Act instrument to chief executive . . . . . . . . . . . . . . . . 65 88 Immediate suspension of licence or accreditation certificate pending formal cancellation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Subdivision 2--Effect of suspension or cancellation of possession licences on certain other Act instruments 89 Effect of suspension or cancellation of possession licences--approvals to acquire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 90 Effect of suspension or cancellation of possession licences--approvals to relocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Subdivision 3--Effect of suspension or cancellation of radiation safety officer certificates on radiation safety officer appointments 91 Effect of suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 5--Change in circumstances of holders of certain Act instruments 92 Notification of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 93 Endorsement of change on Act instrument . . . . . . . . . . . . . . . . . . . . . . . . . . 68

 


 

6 Radiation Safety Division 6--Changing conditions of certain Act instruments 94 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 95 Changing conditions of conditional Act instruments--chief executive acting on own initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 96 Changing conditions of conditional Act instruments--application by holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 97 Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 98 Further consideration of applications under s 96 . . . . . . . . . . . . . . . . . . . . . . 70 Division 7--Surrender of Act instruments 99 Surrender of Act instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 100 Obligations on surrender of radiation safety officer certificates . . . . . . . . . 71 Division 8--General provisions about Act instruments 101 Replacement of Act instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 102 Transfer of Act instrument prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 9--False or misleading statements by applicants 103 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 PART 8--MONITORING, INVESTIGATION AND ENFORCEMENT Division 1--Inspectors 104 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 105 Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 2--Appointment of inspectors and other matters 106 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 107 Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 108 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 109 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 110 Production or display of inspector's identity card . . . . . . . . . . . . . . . . . . . . . 75 Division 3--Powers of inspectors Subdivision 1--Entry of places 111 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Subdivision 2--Procedure for entry 112 Consent to entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 113 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

 


 

7 Radiation Safety 114 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 115 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 116 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Subdivision 3--Powers after entry 117 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 118 Additional power after entering public place under s 111(1)(b) . . . . . . . . . 81 119 Failure to comply with requirement not to enter or remain at a place . . . . 82 120 Failure to help inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 121 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Subdivision 4--Restrictions on exercise of powers 122 Restrictions--places where persons are irradiated during a diagnostic or therapeutic procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 123 Restrictions--inspection of health records . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Subdivision 5--Vehicles 124 Stopping vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Subdivision 6--Power to seize evidence and dangerous things 125 Seizing evidence at a place that may be entered without consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 126 Seizing evidence at a place that may only be entered with consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 127 Inspector's power to seize dangerous things . . . . . . . . . . . . . . . . . . . . . . . . . 86 128 Waiver of requirement for possession licence or transport licence . . . . . . . 87 129 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 130 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 131 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 132 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 133 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 134 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 135 When forfeited thing is a radiation source . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 136 Dealing with forfeited things etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 137 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 138 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

 


 

8 Radiation Safety Subdivision 7--Improvement and prohibition notices 139 Improvement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 140 Prohibition notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 141 Orders to secure compliance with notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Subdivision 8--Power to obtain information 142 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 143 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 144 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 145 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 146 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 147 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Subdivision 9--Emergency powers of inspectors 148 Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 149 Failure to comply with authorised person's direction in emergency . . . . . . 99 Division 4--General enforcement matters 150 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 151 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 152 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 153 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . 101 154 Obstructing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 155 Impersonation of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Division 5--State radiation analysts 156 Functions of State radiation analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 157 Appointment of State radiation analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 158 State radiation analyst's appointment conditions . . . . . . . . . . . . . . . . . . . . 103 159 Measurements, tests and analyses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 160 Certificates must indicate methodology used . . . . . . . . . . . . . . . . . . . . . . . 104 PART 9--RADIATION ADVISORY COUNCIL Division 1--Establishment and functions 161 Establishment of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 162 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

 


 

9 Radiation Safety Division 2--Membership 163 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 164 Term of appointment for appointed members . . . . . . . . . . . . . . . . . . . . . . . 105 165 Chairperson and deputy chairperson of council . . . . . . . . . . . . . . . . . . . . . . 105 166 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 167 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 168 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 169 Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 3--Council business 170 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 171 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 172 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 173 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 174 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 175 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 176 Disclosure of interests by council members . . . . . . . . . . . . . . . . . . . . . . . . 108 Division 4--Council committees 177 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 178 Remuneration of committee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 5--Other provisions about the council 179 Administrative support for council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 180 Giving information to council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 181 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 PART 10--REVIEWS AND APPEALS Division 1--Internal review of decisions 182 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . 111 183 Application for review to be made to the chief executive . . . . . . . . . . . . . 111 184 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 185 Referral of application for review to council for advice . . . . . . . . . . . . . . . 112 186 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 187 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

 


 

10 Radiation Safety Division 2--Appeals 188 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 189 Court to which appeal may be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 190 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 191 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 192 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 193 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 194 Appeals to Supreme Court only on questions of law . . . . . . . . . . . . . . . . . 115 PART 11--LEGAL PROCEEDINGS Division 1--Evidence 195 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 196 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 197 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 198 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 2--Proceedings 199 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 200 Recovery of costs of avoiding or minimising adverse health effects . . . . 118 201 Court may order payment of compensation etc. . . . . . . . . . . . . . . . . . . . . . 119 202 Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 203 Application for order for payment of costs or compensation under s 200, 201 or 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 204 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . 120 205 Executive officers must ensure corporation complies with Act . . . . . . . . . 121 206 Allegations of false or misleading information or statements . . . . . . . . . . 122 PART 12--REGISTER AND INFORMATION Division 1--Register 207 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 208 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Division 2--Information 209 Confidentiality of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 PART 13--MISCELLANEOUS 210 Limited exemption for radiation source . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 211 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

 


 

11 Radiation Safety 212 Impersonation of accredited person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 213 Limitation on delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 214 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 215 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 PART 14--REPEAL, SAVING AND TRANSITIONAL PROVISIONS Division 1--Repeal 216 Repeal of Radioactive Substances Act 1958 . . . . . . . . . . . . . . . . . . . . . . . 128 Division 2--Saving of certain regulation 217 Exemption from expiry of Radioactive Substances Regulation 1961 . . . . 128 Division 3--Transitional provisions 218 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 219 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 220 Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 221 Existing applications for column 1 licences . . . . . . . . . . . . . . . . . . . . . . . . 130 222 Carrying out radiation practice--holder of deemed possession licence . . 130 223 Successful application by holder of deemed possession licence for new possession licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 224 Radiation safety officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 225 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 226 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 227 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 228 Things seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 229 Suspended licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 230 Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 231 Transitional regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 PART 15--CONSEQUENTIAL AMENDMENTS 232 Amendment of Environmental Protection Act 1994 . . . . . . . . . . . . . . . . . . 136 233 Amendment of Fire Rescue and Authority Act 1990 . . . . . . . . . . . . . . . . . 136 234 Amendment of Medical Act 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 235 Amendment of Transport Operations (Road Use Management) Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 236 Amendment of Workplace Health and Safety Act 1995 . . . . . . . . . . . . . . 137

 


 

12 Radiation Safety SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 138 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 140 DICTIONARY

 


 

1999 A BILL FOR An Act to provide for the control generally of sources of ionising radiation and harmful non-ionising radiation, and for other purposes

 


 

s1 14 s4 Radiation Safety The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 Division 1--Introduction 3 title 4 Short 1. This Act may be cited as the Radiation Safety Act 1999. 5 6 Commencement 2. This Act commences on a day to be fixed by proclamation. 7 2--Operation of Act 8 Division binds all persons 9 Act 3.(1) This Act binds all persons, including the State. 10 (2) Nothing in this Act makes the State liable to be prosecuted for an 11 offence. 12 3--Objects 13 Division object of Act and its achievement 14 Main 4.(1) The main object of this Act is to protect persons from health risks 15 associated with exposure to particular sources of ionising radiation and 16 harmful non-ionising radiation. 17 (2) The object is to be achieved mainly by-- 18 (a) establishing a licensing regime to regulate-- 19 (i) the possession and use of radiation sources; and 20

 


 

s5 15 s5 Radiation Safety (ii) the transportation of radioactive substances; and 1 (b) establishing a legislative framework to ensure radiation sources 2 and the premises at which they are used, and the premises at 3 which radioactive substances are stored, comply with radiation 4 safety standards; and 5 (c) imposing restrictions on-- 6 (i) the acquisition and relocation of radiation sources; and 7 (ii) the disposal of radiation apparatus and radioactive material; 8 and 9 (d) requiring a person who possesses a radiation source for a 10 radiation practice to have an approved radiation safety and 11 protection plan for the practice; and 12 (e) ensuring the health and safety of any person are not adversely 13 affected by the carrying out of radiation practices with radiation 14 sources; and 15 (f) establishing a legislative framework within which compliance 16 monitoring, and investigative and enforcement activities, may be 17 undertaken; and 18 (g) establishing the Radiation Advisory Council. 19 4--Radiation safety and protection principles 20 Division principles 21 Guiding 5. The principles intended to guide the achievement of this Act's main 22 object (the "radiation safety and protection principles") are the 23 following-- 24 (a) People should be protected from unnecessary exposure to 25 ionising radiation through the processes of justification, limitation 26 and optimisation. 27 Justification 28 Justification involves assessing whether more good than 29 harm results from a radiation practice. 30

 


 

s6 16 s6 Radiation Safety Limitation 1 Limitation involves setting radiation dose limits, or 2 imposing other measures, so that the health risks to any 3 person exposed to radiation are below levels considered 4 unacceptable. 5 Optimisation 6 Optimisation involves minimising health risks to any 7 person, with the broad objective that the degree of exposure 8 to radiation, number of persons exposed and likelihood of 9 exposure be kept as low as reasonably achievable, having 10 regard to economic and social factors. 11 (b) People should be protected from unnecessary exposure to 12 harmful non-ionising radiation through the processes of 13 specifying emission or absorption standards, limitation and 14 avoidance. 15 Specifying emission or absorption standards 16 Specifying emission or absorption standards involves 17 deciding thresholds above which exposure to radiation may 18 result in unacceptable health risks to any person. 19 Limitation 20 Limitation involves setting radiation dose limits, or 21 imposing other measures, so that the health risks to any 22 person exposed to radiation are below levels considered 23 unacceptable. 24 Avoidance 25 Avoidance involves minimising, as far as practicable, 26 exposures to radiation. 27 Division 5--Interpretation 28 to promote radiation safety and protection principles 29 Interpretation 6. In interpreting a provision of this Act, a construction that would 30 promote radiation safety and protection principles is to be preferred to a 31

 


 

s7 17 s9 Radiation Safety construction that would not promote radiation safety and protection 1 principles. 2 3 Dictionary 7. The dictionary in schedule 2 defines particular words used in this Act. 4 a possession licensee is taken to remain in possession of a 5 When radiation source 6 8.(1) For this Act, a possession licensee who allows another person to 7 carry out a radiation practice with a radiation source in compliance with the 8 licensee's approved radiation safety and protection plan for the practice is 9 taken to remain in possession of the source while the other person has the 10 source for the purpose of the practice. 11 (2) For subsection (1), a reference to a radiation source or radiation 12 practice is a reference to the source or practice to which the licence relates. 13 (3) Also, for this Act, a possession licensee who allows another person 14 to transport a radioactive substance to which the licence relates is taken to 15 remain in possession of the substance while the other person has the 16 substance for the purpose of the transportation. 17 of "use" in relation to a radiation source or the carrying out 18 Meaning of a radiation practice 19 9.(1) "Use" a radiation source, means actual use by an individual of 20 radiation emitted from the source, and includes, for a radiation source that is 21 a radioactive substance, administer the substance to, or inject or implant the 22 substance into, an animal or person. 23 (2) "Use", in relation to the carrying out of a radiation practice with a 24 radiation source, means actual use by an individual of radiation emitted 25 from the source to carry out the practice. 26 (3) For subsections (1) and (2), it is immaterial whether the individual is 27 using the radiation in the capacity of an agent or employee. 28

 


 

s 10 18 s 12 Radiation Safety of "carry out" in relation to a radiation practice 1 Meaning 10.(1) "Carry out", in relation to a radiation practice, means the actual 2 performance of the practice by an individual. 3 (2) For subsection (1), it is immaterial whether the individual is carrying 4 out the practice in the capacity of an agent or employee. 5 of "radiation practice" 6 Meaning 11.(1) "Radiation practice" means an activity in relation to a radiation 7 source that may result, whether or not intentionally, in exposing anyone to 8 radiation, but does not include the transport of a radioactive substance. 9 (2) To remove doubt, it is declared that the storing of a radioactive 10 substance is a radiation practice. 11 ART 2--LICENCES 12 P for possession licence 13 Requirement 12.(1) A person must not possess a radiation source, unless the person is 14 allowed to possess it under a possession licence.1 15 Maximum penalty--1 000 penalty units. 16 (2) For subsection (1), a person is not in possession of a radiation source 17 merely because the person is being allowed by a possession licensee for the 18 source-- 19 (a) to carry out a radiation practice, to which the licence relates, with 20 the source in compliance with the licensee's approved radiation 21 safety and protection plan for the practice; or 22 (b) if the source is a radioactive substance--to transport the 23 substance. 24 1 Part 7 states the requirements to be complied with to obtain a possession licence and other types of licences.

 


 

s 13 19 s 14 Radiation Safety (3) Also, for subsection (1), a person is not in possession of a radiation 1 source merely because the person, or an animal kept by the person, has 2 been injected with a radioactive substance, or a radioactive substance has 3 been administered to or implanted in the person or animal, as part of a 4 diagnostic or therapeutic procedure. 5 for use licence 6 Requirement 13.(1) A person must not use a radiation source, unless the person is 7 allowed to use it under a use licence.2 8 Maximum penalty--400 penalty units. 9 10 Example of when a person needs a use licence-- 11 A person who uses a radiation source to irradiate another person as part of a 12 diagnostic or therapeutic procedure must do so under a use licence allowing the use 13 of the source to carry out the procedure. (2) Subsection (1) does not apply to a person if-- 14 (a) the person is using the source in the presence, and under the 15 personal supervision, of a use licensee who is allowed, under the 16 licence, to use the source to carry out a radiation practice; and 17 (b) the use is for the purpose of-- 18 (i) helping the licensee to carry out the practice, if the practice is 19 a prescribed radiation practice; or 20 (ii) the person undergoing training prescribed under a regulation. 21 (3) In this section-- 22 "prescribed radiation practice" means a radiation practice, other than the 23 carrying out of a diagnostic or therapeutic procedure involving the 24 irradiation of another person, prescribed under a regulation. 25 for transport licence--transport by road 26 Requirement 14.(1) Subsection (2) applies if a radioactive substance is being 27 transported by road in a vehicle. 28 2 Under section 49(2), only an individual may apply for a use licence.

 


 

s 15 20 s 16 Radiation Safety (2) The person in charge of the vehicle must hold a transport licence to 1 transport the substance.3 2 Maximum penalty--400 penalty units. 3 (3) However, the person is not required to hold a transport licence if the 4 person is helping a transport licensee to transport a radioactive substance, to 5 which the licence relates, by road and the person is in the licensee's 6 presence. 7 for transport licence--transport otherwise than by road 8 Requirement 15.(1) A person must not transport a radioactive substance other than by 9 road, unless the person is the holder of a transport licence to transport the 10 substance. 11 Maximum penalty--400 penalty units. 12 (2) Subsection (1) does not apply to a person who transports the 13 substance merely as an employee. 14 ART 3--RADIATION SAFETY STANDARDS AND 15 P CERTIFICATES OF COMPLIANCE 16 Division 1--Radiation safety standards 17 of radiation safety standards 18 Making 16.(1) The Minister may make radiation safety standards about-- 19 (a) radiation sources in relation to the carrying out of radiation 20 practices; or 21 (b) the sealing of radioactive substances; or 22 (c) sealed source apparatus; or 23 3 Under section 49(2), only an individual may apply for a transport licence that allows the transport of a radioactive substance by road.

 


 

s 17 21 s 17 Radiation Safety (d) premises at which radiation sources are used to carry out radiation 1 practices; or 2 (e) premises at which radioactive substances are stored. 3 (2) A radiation safety standard must state the day the standard expires. 4 (3) The stated day must not be more than 10 years after the standard is 5 made. 6 (4) The Minister must, by gazette notice, notify the making of a radiation 7 safety standard. 8 (5) A radiation safety standard takes effect-- 9 (a) on the day the gazette notice is published in the gazette; or 10 (b) if a later day is stated in the gazette notice--on that day. 11 (6) The gazette notice must state the places where copies of the standard 12 and the provisions of any document applied, adopted or incorporated by the 13 standard are available for inspection, without charge, during normal 14 business hours at the places. 15 (7) The gazette notice is subordinate legislation. 16 2--Obligations of possession licensees in relation to radiation 17 Division safety standards 18 of possession licensees 19 Obligations 17.(1) A possession licensee who, under the licence, possesses a 20 radiation source for a radiation practice must ensure the source is not used 21 to carry out the practice unless-- 22 (a) the source complies with the relevant radiation safety standard; 23 and 24 (b) if the source is to be used to carry out the practice at 25 premises--the premises comply with the relevant radiation safety 26 standard. 27 Maximum penalty--200 penalty units. 28 (2) A possession licensee who, under the licence, possesses a radioactive 29

 


 

s 18 22 s 19 Radiation Safety substance must not store the substance, or allow the substance to be stored, 1 on premises that do not comply with the relevant radiation safety standard. 2 Maximum penalty--200 penalty units. 3 Division 3--Certificates of compliance 4 a possession licensee must obtain a certificate of compliance 5 When 18.(1) Subsection (2) applies in relation to a radiation source if there is a 6 relevant radiation safety standard for the source. 7 (2) A possession licensee who, under the licence, possesses the source 8 for a radiation practice must ensure the source is not used to carry out the 9 practice unless, within the period prescribed under a regulation before the 10 day of use, the licensee has obtained a certificate of compliance for the 11 source. 12 Maximum penalty--50 penalty units. 13 (3) Subsections (4) and (5) apply in relation to premises if there is a 14 relevant radiation safety standard for the premises. 15 (4) A possession licensee who, under the licence, possesses a radiation 16 source for a radiation practice must ensure the source is not used to carry 17 out the practice at the premises unless, within the period prescribed under a 18 regulation before the day of use, the licensee has obtained a certificate of 19 compliance for the premises. 20 Maximum penalty--50 penalty units. 21 (5) A possession licensee who, under the licence, possesses a radioactive 22 substance must not store the substance, or allow the substance to be stored, 23 at the premises unless, within the period prescribed under a regulation 24 before the day of storage, the licensee has obtained a certificate of 25 compliance for the premises. 26 Maximum penalty for subsection (5)--50 penalty units. 27 for giving certificate of compliance 28 Circumstances 19.(1) An accredited person may issue a certificate of compliance for-- 29

 


 

s 20 23 s 20 Radiation Safety (a) a radiation source to be used to carry out a radiation practice; or 1 (b) the premises at which a radiation source is to be used to carry out 2 a radiation practice; or 3 (c) the premises at which a radioactive substance is to be stored. 4 (2) The certificate of compliance must state that the source or premises 5 comply with the relevant radiation safety standard. 6 (3) However, an accredited person must not issue a certificate of 7 compliance for a radiation source or premises unless, under the person's 8 accreditation certificate, the person is allowed to issue the certificate of 9 compliance for the source or premises. 10 (4) Subsection (5) applies in relation to a radiation source or premises if 11 there is a relevant radiation safety standard for the source or premises. 12 (5) An accredited person must not issue a certificate of compliance for 13 the source or premises unless the person is satisfied the source or premises 14 comply with the standard.4 15 (6) A certificate of compliance must be in the approved form. 16 report 17 Assessment 20.(1) This section applies if an accredited person is acting on a request 18 for a certificate of compliance for a radiation source or premises. 19 (2) The accredited person must assess whether the source or premises 20 comply with the relevant radiation safety standard. 21 (3) The accredited person must prepare a report (an "assessment 22 report"), for the source or premises, stating the following-- 23 (a) whether or not the source or premises comply with the relevant 24 radiation safety standard; 25 (b) if the source or premises do not comply with the relevant 26 radiation safety standard--particulars of what needs to be done 27 for the source or premises to comply with the standard (the 28 "requirements"). 29 4 See section 82(1)(c) for an effect of a contravention of subsection (3) or (5).

 


 

s 21 24 s 21 Radiation Safety (4) The assessment report must be in the approved form. 1 (5) If the report contains requirements, the accredited person must, as 2 soon as practicable, give a copy of the report to the person who asked for 3 the certificate of compliance. 4 (6) If the report does not contain requirements, the accredited person 5 must issue a certificate of compliance for the source or premises. 6 (7) The accredited person must give the chief executive a copy of the 7 report mentioned in subsection (6) as soon as practicable after the issue of 8 the certificate of compliance, stating the date the certificate was issued. 9 Maximum penalty--50 penalty units. 10 (8) If the report contains requirements and none of the requirements are 11 complied with within 30 days after a copy of the report is given to a person 12 under subsection (5), the accredited person must as soon as practicable give 13 the chief executive a copy of the report. 14 Maximum penalty for subsection (8)--50 penalty units. 15 of assessment report--all requirements complied with 16 Amendment 21.(1) This section applies if-- 17 (a) the assessment report states requirements; and 18 (b) the accredited person is satisfied, within 30 days after giving a 19 copy of the report to the person who asked for the certificate of 20 compliance, all the requirements have been complied with. 21 (2) The accredited person must-- 22 (a) amend the report to indicate all the requirements have been 23 complied with; and 24 (b) issue a certificate of compliance for the source or premises. 25 (3) The accredited person must give the chief executive a copy of the 26 amended report as soon as practicable after the issue of the certificate of 27 compliance, stating the date the certificate was issued. 28 Maximum penalty for subsection (3)--50 penalty units. 29

 


 

s 22 25 s 23 Radiation Safety of assessment report--some requirements complied with 1 Amendment 22.(1) This section applies if-- 2 (a) the assessment report states requirements; and 3 (b) the accredited person is satisfied, within 30 days after giving a 4 copy of the report to the person who asked for the certificate of 5 compliance, that some, but not all, the requirements have been 6 complied with. 7 (2) The accredited person must amend the report to indicate the 8 requirements that have been complied with. 9 (3) The accredited person must give the chief executive a copy of the 10 amended report as soon as practicable after the 30 day period has ended. 11 Maximum penalty for subsection (3)--50 penalty units. 12 ART 4--ACQUISITION, SUPPLY AND 13 P RELOCATION OF RADIATION SOURCES 14 may acquire a radiation source 15 Who 23.(1) A person must not acquire a radiation source, unless the person is 16 a possession licensee for the source and the holder of an approval to acquire 17 the source.5 18 Maximum penalty--400 penalty units. 19 (2) For subsection (1), a person does not acquire a radiation source 20 merely because a possession licensee, under the licence, possesses the 21 source for a radiation practice and the person is being allowed by the 22 licensee-- 23 (a) to carry out the practice with the source in compliance with the 24 licensee's approved radiation safety and protection plan for the 25 practice; or 26 5 Part 7 states the requirements to be complied with to obtain an approval to acquire.

 


 

s 24 26 s 24 Radiation Safety (b) if the source is a radioactive substance--to transport the 1 substance. 2 (3) Also, for subsection (1), a person does not acquire a radiation source 3 merely because the person, or an animal kept by the person, has been 4 injected with a radioactive substance, or a radioactive substance has been 5 administered to or implanted in the person or animal, as part of a diagnostic 6 or therapeutic procedure. 7 of radiation sources 8 Supply 24.(1) A person must not supply a radiation source to another person, 9 unless the other person is a possession licensee for the source and the 10 holder of an approval to acquire the source. 11 Maximum penalty--400 penalty units. 12 (2) For subsection (1), a possession licensee who, under the licence, 13 possesses a radiation source for a radiation practice does not supply the 14 source to another person merely because the other person is being allowed 15 by the licensee-- 16 (a) to carry out the practice with the source in compliance with the 17 licensee's approved radiation safety and protection plan for the 18 practice; or 19 (b) if the source is a radioactive substance--to transport the 20 substance. 21 (3) Also, for subsection (1), a person (the "first person") does not 22 supply a radiation source to another person merely because the first person 23 injects the other person, or an animal kept by the other person, with a 24 radioactive substance, or a radioactive substance is administered to or 25 implanted in the other person or animal by the first person, as part of a 26 diagnostic or therapeutic procedure. 27 (4) In this section-- 28 "sell" includes give possession under a lease, exchange, hiring or other 29 commercial arrangement. 30 "supply", a radiation source, means sell, give away or otherwise give 31 possession of the source. 32

 


 

s 25 27 s 27 Radiation Safety must not relocate radiation source without approval 1 Person 25. A person must not relocate a radiation source from a place in 2 Queensland to a place outside Queensland (whether in or outside Australia), 3 unless the person is a possession licensee for the source and the holder of 4 an approval to relocate the source.6 5 Maximum penalty--400 penalty units. 6 ART 5--DISPOSAL OF RADIOACTIVE MATERIAL 7 P AND RADIATION APPARATUS 8 of radioactive material 9 Disposal 26.(1) A person must not dispose of radioactive material, unless-- 10 (a) the concentration or activity of a radionuclide in the material is not 11 more than the maximum concentration or activity prescribed 12 under a regulation; or 13 (b) the person is the holder of an approval to dispose of the material 14 and disposes of it as required under the approval.7 15 Maximum penalty--2 500 penalty units. 16 (2) For subsection (1)(a), a regulation may provide for the point of 17 disposal at which the concentration or activity of the radionuclide in the 18 material is to be decided. 19 of disposal of radiation apparatus 20 Notification 27.(1) A person who disposes of a radiation apparatus must give the 21 chief executive written notice of the disposal within 7 days after the 22 6 Other provisions of this Act deal with the possession, acquisition, supply, transport and disposal of a radiation source in the State. Also, part 7 states the requirements to be complied with to obtain an approval to relocate. 7 Part 7 states the requirements to be complied with to obtain an approval to dispose.

 


 

s 28 28 s 28 Radiation Safety disposal. 1 Maximum penalty--50 penalty units. 2 (2) For subsection (1), the notice must contain information adequate to 3 identify the apparatus disposed of. 4 5 Example of identifying information-- 6 The serial number of the radiation apparatus. PART 6--OTHER RADIATION SAFETY AND 7 PROTECTION PROVISIONS 8 Division 1--Radiation safety and protection plans 9 1--Interpretation 10 Subdivision is a "radiation safety and protection plan" 11 What 28.(1) A "radiation safety and protection plan", for a radiation 12 practice, is a plan for the practice for which a possession licensee is allowed 13 to possess a radiation source under the licence. 14 (2) The plan must state the following-- 15 (a) particulars, and an assessment, of all the radiation hazards specific 16 to the practice and source the licensee knows, or ought reasonably 17 to know, exist or might arise; 18 (b) the radiation safety and protection measures to deal with the 19 hazards; 20 (c) any other measures necessary to deal with the hazards; 21 (d) how the licensee proposes to monitor and review the 22 implementation and effectiveness of the measures; 23 (e) the functions of the radiation safety officer to be appointed for the 24

 


 

s 29 29 s 29 Radiation Safety practice;8 1 (f) particulars of a training program for persons carrying out the 2 practice; 3 (g) other particulars prescribed under a regulation. 4 (3) Also, if a person, other than a person being irradiated as part of a 5 diagnostic or therapeutic procedure, may receive from the carrying out of 6 the practice a radiation dose higher than the radiation dose limit prescribed 7 under a regulation, the plan must provide for-- 8 (a) the supply of a personal monitoring device to the person; and 9 (b) the assessment of the device. 10 (4) The plan must be written in a way likely to be understood easily by 11 persons who carry out the practice with the source.9 12 (5) The plan must be dated and signed by the licensee. 13 (6) In this section-- 14 "radiation safety and protection measures" are measures, prescribed 15 under a regulation, for preventing or minimising health risks to any 16 person arising from exposure to radiation from the carrying out of a 17 radiation practice. 18 2--Approval of, and amendment of approved, radiation 19 Subdivision safety and protection plans 20 of plan 21 Approval 29.(1) This section applies if the chief executive issues a possession 22 licence. 23 (2) The chief executive is taken to have approved the radiation safety and 24 8 Section 37 (Functions) lists the minimum functions of a radiation safety officer. 9 The plan may need to take into account persons with special needs, for example, non-English speaking persons.

 


 

s 30 30 s 30 Radiation Safety protection plan identified in the licence.10 1 (3) The chief executive must endorse the plan with the chief executive's 2 written approval and give the endorsed plan to the possession licensee. 3 plan--chief executive's initiative 4 Changing 30.(1) The chief executive may change a possession licensee's approved 5 radiation safety and protection plan for a radiation practice if the chief 6 executive considers it necessary or desirable to make the change, having 7 regard to the requirements for a radiation safety and protection plan 8 mentioned in section 28(2). 9 (2) Before changing the plan, the chief executive must-- 10 (a) give a written notice to the licensee, stating-- 11 (i) the particulars of the proposed change; and 12 (ii) the day it is proposed the change is to take effect; and 13 (iii) that the licensee may make written submissions to the chief 14 executive about the proposed change before a stated day; and 15 (b) have regard to written submissions made to the chief executive by 16 the licensee before the stated day. 17 (3) The stated day must not be earlier than 21 days after the notice is 18 given to the licensee. 19 (4) If the chief executive decides to change the plan, the chief executive 20 must immediately give the licensee an information notice about the 21 decision. 22 (5) The change takes effect on the day stated for the change in the 23 information notice and does not depend on-- 24 (a) the plan being amended to incorporate the change; or 25 (b) the licence being amended to identify the amended plan. 26 10 Under section 51(1)(c)(ii), an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source.

 


 

s 31 31 s 32 Radiation Safety (6) The day mentioned in subsection (5) must not be earlier than 35 days 1 after the notice is given to the licensee. 2 plan--application by possession licensee 3 Changing 31.(1) A possession licensee may apply to the chief executive to change 4 the licensee's approved radiation safety and protection plan for a radiation 5 practice. 6 (2) The application must-- 7 (a) be in the approved form; and 8 (b) be accompanied by the fee prescribed under a regulation. 9 (3) In deciding whether to grant the application, the chief executive must 10 have regard to the requirements for a radiation safety and protection plan 11 mentioned in section 28(2). 12 (4) If the chief executive decides to grant the application, the chief 13 executive must immediately give the licensee notice of the decision. 14 (5) The change takes effect on the day stated for the change in the notice 15 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 35 days 19 after the notice is given to the licensee. 20 (7) If the chief executive decides not to grant the application, the chief 21 executive must immediately give the licensee an information notice about 22 the decision. 23 (8) If the chief executive fails to decide the application within 90 days 24 after its receipt, the failure is taken to be a decision by the chief executive not 25 to grant the application. 26 change of plan 27 Recording 32.(1) This section applies if a possession licensee receives an 28 information notice under section 30(4), or a notice under section 31(4), 29 about a change to the licensee's approved radiation safety and protection 30

 


 

s 33 32 s 34 Radiation Safety plan for the radiation practice. 1 (2) Within 14 days after receiving the notice, the licensee must return the 2 following documents to the chief executive-- 3 (a) the plan, incorporating the change; 4 (b) the licensee's possession licence in which the plan is identified. 5 Maximum penalty--50 penalty units. 6 (3) On receiving the plan, incorporating the change, the chief executive 7 must immediately endorse the plan with the chief executive's written 8 approval and give the endorsed plan to the licensee. 9 (4) On receiving the licence, the chief executive must immediately amend 10 the licence to identify the amended plan and give the amended licence to the 11 licensee. 12 Subdivision 3--Obligations in relation to approved radiation safety and 13 protection plans 14 in relation to approved radiation safety and protection 15 Obligations plan--possession licensees 16 33.(1) This section applies to a possession licensee who, under the 17 licence, possesses a radiation source for a radiation practice. 18 (2) The licensee must take reasonable steps to ensure a person carrying 19 out the practice with the source-- 20 (a) has always available for inspection a copy of the licensee's 21 approved radiation safety and protection plan for the practice; and 22 (b) has undergone the training program mentioned in the plan. 23 Maximum penalty for subsection (2)--100 penalty units. 24 in relation to approved radiation safety and protection 25 Obligations plan--persons carrying out a radiation practice 26 34.(1) This section applies if a possession licensee, under the licence, 27 possesses a radiation source for a radiation practice. 28

 


 

s 35 33 s 36 Radiation Safety (2) A person must not carry out the practice with the source unless-- 1 (a) the person has available for inspection a copy of the approved 2 radiation safety and protection plan for the practice; and 3 (b) the person has undergone the training program mentioned in the 4 plan. 5 Maximum penalty for subsection (2)--100 penalty units. 6 Division 2--Radiation safety officers 7 Subdivision 1--Appointment of radiation safety officers 8 radiation safety officers must be appointed 9 When 35.(1) Subsection (2) applies to a possession licensee who, under the 10 licence, possesses a radiation source for a radiation practice. 11 (2) The licensee must ensure, whenever the practice is being carried out, 12 that a person has been appointed as, and is carrying out the functions of, a 13 radiation safety officer for the practice. 14 Maximum penalty--100 penalty units. 15 (3) If the appointment of the radiation safety officer ends, the licensee 16 does not contravene subsection (2) in relation to any period, before the start 17 of a new appointment, that may be reasonably necessary for the 18 appointment to be made or take effect. 19 may be appointed 20 Who 36.(1) Only a qualified person who holds a radiation safety officer 21 certificate relevant to a radiation practice may be appointed as a radiation 22 safety officer for the practice. 23 (2) Subject to subsection (1), a possession licensee who is a qualified 24 person may appoint himself or herself as a radiation safety officer for a 25 radiation practice. 26 (3) Despite subsection (1), a possession licensee who is not a qualified 27 person may appoint himself or herself as a radiation safety officer for a 28

 


 

s 37 34 s 37 Radiation Safety radiation practice if the licensee is the holder of a qualification, relevant to 1 the practice, prescribed under a regulation. 2 2--Functions of radiation safety officers 3 Subdivision unctions 4 F 37.(1) This section applies if a possession licensee, under the licence, 5 possesses a radiation source for a radiation practice. 6 (2) The licensee's approved radiation safety and protection plan for the 7 practice must state at least the following functions for a radiation safety 8 officer appointed by the licensee for the practice-- 9 (a) to identify ways, consistent with the plan, of minimising the 10 radiation doses received by persons from the source; 11 (b) to provide, or arrange for the provision of, training about radiation 12 hazards and safe working practices to-- 13 (i) persons carrying out the practice; and 14 (ii) the licensee's employees and other persons working for the 15 licensee who may be exposed to radiation emitted from the 16 source; and 17 (iii) other persons prescribed under a regulation; 18 (c) to provide, or arrange for the provision of, training to the persons 19 mentioned in paragraph (b) about precautions that need to be 20 taken to ensure radiation doses received by the persons and other 21 persons from the source, are-- 22 (i) for ionising radiation--below the radiation dose limit 23 prescribed under a regulation and as low as reasonably 24 achievable; or 25 (ii) for non-ionising radiation--below the radiation dose limit 26 prescribed under a regulation and minimised as far as is 27 practicable; 28 (d) to identify whether the plan is being complied with; 29 (e) to regularly review the plan to ensure its continued effectiveness; 30

 


 

s 38 35 s 38 Radiation Safety (f) to identify whether the relevant radiation safety standard for the 1 source, or premises at which the practice is being carried out, is 2 being complied with. 3 (3) If a radiation safety officer appointed for the practice is not also the 4 possession licensee for the practice, the plan must also state the following 5 functions for the officer-- 6 (a) to advise the licensee of the ways, identified under 7 subsection (2)(a), of minimising the radiation doses received by 8 persons from the source; 9 (b) to report to the licensee-- 10 (i) any contravention of the plan or the relevant radiation safety 11 standard identified under subsection (2)(d) or (f); and 12 (ii) what action needs to be taken to ensure compliance with the 13 plan or standard; 14 (c) to advise the licensee of the results of a review under 15 subsection (2)(e) and make recommendations to the licensee 16 about changes to the plan. 17 (4) In this section-- 18 "employees", of a possession licensee, include agents of the licensee and 19 the agents' employees. 20 Division 3--Radiation monitoring 21 monitoring--possession and use licensees 22 Radiation 38.(1) This section applies to the following persons-- 23 (a) a possession licensee who-- 24 (i) under the licence, possesses a radiation source for a radiation 25 practice; and 26 (ii) provides to another person (the "monitored person") a 27 personal monitoring device, as required by the licensee's 28 approved radiation safety and protection plan for the practice; 29 (b) a possession licensee who, under the licensee's approved 30

 


 

s 38 36 s 38 Radiation Safety radiation safety and protection plan for a radiation practice under 1 the licence, is a person (also the "monitored person") required 2 to be provided with a personal monitoring device; 3 (c) a use licensee (also the "monitored person") who, as a condition 4 of the licence, is required-- 5 (i) to wear a personal monitoring device when using a radiation 6 source to carry out a radiation practice under the licence; and 7 (ii) to have the device assessed from time to time. 8 (2) The licensee must, as soon as practicable after receiving the result of 9 an assessment of the device under the plan11 or condition, give the chief 10 executive written notice of the result. 11 Maximum penalty--50 penalty units. 12 (3) Without limiting subsection (2), the licensee is taken to comply with 13 subsection (2) if the notice is given to the chief executive, on the licensee's 14 behalf, by the person who conducted the assessment, as soon as practicable 15 after the assessment is carried out. 16 (4) The licensee must keep an up-to-date record for the monitored person 17 (a "personal monitoring record"), containing the following information-- 18 (a) the results of all the assessments; 19 (b) other information prescribed under a regulation. 20 Maximum penalty--100 penalty units. 21 (5) Without limiting the ways in which a possession licensee or use 22 licensee may comply with subsection (4), a possession licensee or use 23 licensee is taken to comply with subsection (4) if the personal monitoring 24 record is kept, on the licensee's behalf, by another person under 25 arrangements approved in writing by the chief executive. 26 (6) For subsection (4), the personal monitoring record must be kept until 27 the later of the following days-- 28 (a) the day that is 30 years after the day when the last assessment 29 happened; 30 11 Under section 28(3)(b), the radiation safety and protection plan is required to provide for the assessment of personal monitoring devices.

 


 

s 39 37 s 39 Radiation Safety (b) the day when the monitored person turns, or would have turned, 1 75 years. 2 (7) The licensee must make the personal monitoring record available for 3 inspection by the chief executive or an inspector at any reasonable time. 4 Maximum penalty for subsection (7)--50 penalty units. 5 about personal monitoring records--certain possession 6 Obligations licensees 7 39.(1) Subsections (2) and (3) apply to a possession licensee who-- 8 (a) under the licence, possesses a radiation source for a radiation 9 practice; and 10 (b) provides to another person a personal monitoring device, as 11 required under the licensee's approved radiation safety and 12 protection plan for the practice. 13 (2) The licensee must, as soon as practicable after receiving the result of 14 an assessment of the device under the plan, take reasonable steps to make 15 the person aware of the result. 16 Maximum penalty--50 penalty units. 17 (3) The licensee must allow the person to inspect, at any reasonable time, 18 the personal monitoring record kept by the licensee for the person. 19 Maximum penalty--50 penalty units. 20 (4) Subsection (5) applies if the person stops being a person to whom the 21 licensee is required to provide a personal monitoring device under the plan. 22 (5) If asked in writing by the person during the period for which a 23 personal monitoring record is required to be kept by the licensee for the 24 person,12 the licensee must as soon as practicable give the person a copy of 25 the record. 26 Maximum penalty for subsection (5)--50 penalty units. 27 12 Section 38(6) states the period for which a personal monitoring record is required to be kept by the licensee for the person.

 


 

s 40 38 s 41 Radiation Safety obligations in relation to personal monitoring records 1 Other 40.(1) This section applies if-- 2 (a) a person stops being a licensee who is required to keep a personal 3 monitoring record under section 38(4); and 4 (b) immediately before the person stopped being a licensee of that 5 type, the person was keeping a personal monitoring record under 6 the subsection. 7 (2) The person must as soon as practicable ask the chief executive for 8 directions about the keeping of the record. 9 Maximum penalty--50 penalty units. 10 (3) The chief executive must give the person written directions about the 11 keeping of the record. 12 (4) Without limiting subsection (3), a direction may require the person to 13 give the record to another person, including, for example, the chief 14 executive, who is to keep the record. 15 (5) The directions are to ensure the record will continue to be kept until 16 the later of the following days-- 17 (a) the day that is 30 years after the day when the last assessment of a 18 personal monitoring device, mentioned in the record, happened; 19 (b) the day when the person to whom the record relates turns, or 20 would have turned, 75 years. 21 (6) The person must comply with the written directions given to the 22 person by the chief executive, unless the person has a reasonable excuse. 23 Maximum penalty for subsection (6)--100 penalty units. 24 Division 4--Diagnostic or therapeutic procedures involving the 25 irradiation of persons 26 or therapeutic procedures 27 Diagnostic 41.(1) A person (the "first person") must not prescribe for another 28 person a therapeutic procedure, or request for another person a diagnostic 29 procedure, involving the irradiation of the other person, unless the first 30

 


 

s 41 39 s 41 Radiation Safety person is authorised to do so under a regulation (an "authorised person"). 1 Maximum penalty--200 penalty units. 2 (2) A use licensee who, under the licence, uses a radiation source to carry 3 out a diagnostic or therapeutic procedure involving the irradiation of a 4 person must not carry out the procedure unless the licensee reasonably 5 believes the diagnostic procedure has been requested, or the therapeutic 6 procedure has been prescribed, by an authorised person. 7 Maximum penalty--200 penalty units. 8 9 Examples of a diagnostic or therapeutic procedure involving the irradiation of a 10 person-- 11 1. Using an x-ray machine to identify bone fractures suffered by a person. 12 2. Using a radiopharmaceutical administered to a person to assess the person's 13 thyroid function. 14 3. Using an implanted radioactive substance to treat a person's cancer. (3) A use licensee who, under the licence, uses a radiation source to carry 15 out a diagnostic or therapeutic procedure involving the irradiation of a 16 person (the "treated person") must ensure the treated person does not 17 receive a radiation dose from the carrying out of the procedure in an 18 amount, or a way, that does not comply with the request for the diagnostic 19 procedure or prescription for the therapeutic procedure. 20 Maximum penalty--200 penalty units. 21 (4) Subsections (2) and (3) do not apply to a person who is an authorised 22 person for the procedure. 23 (5) Also, the licensee must not, in carrying out the procedure with the 24 source, allow another person involved in carrying out the procedure, other 25 than the treated person, to receive a radiation dose higher than the radiation 26 dose limit prescribed under a regulation. 27 Maximum penalty for subsection (5)--200 penalty units. 28 29 Example for subsection (5)-- 30 A parent of a child, who is holding the child while the child is undergoing 31 diagnostic radiography, is involved in carrying out the procedure.

 


 

s 42 40 s 43 Radiation Safety Division 5--Limitation on exposure of any person to radiation 1 radiation exposure 2 Causing 42.(1) This section applies if a possession licensee, under the licence, 3 possesses a radiation source for a radiation practice. 4 (2) A person, in carrying out the practice with the source, must not cause 5 another person to receive a radiation dose higher than the radiation dose 6 limit prescribed under a regulation. 7 Maximum penalty--500 penalty units. 8 (3) Subsection (2) does not apply if-- 9 (a) the other person receives the dose while being a treated person;13 10 or 11 (b) the other person receives the dose while involved in carrying out a 12 diagnostic or therapeutic procedure involving the irradiation of a 13 person.14 14 Division 6--Additional obligations of possession licensees and persons 15 carrying out radiation practices 16 obligations of possession licensees 17 Additional 43.(1) This section applies if a possession licensee, under the licence, 18 possesses a radiation source for a radiation practice. 19 (2) The licensee must take reasonable steps to ensure any person's health 20 and safety are not adversely affected by exposure to radiation because of the 21 carrying out of the practice with the source. 22 Maximum penalty--500 penalty units. 23 (3) Without limiting the ways in which a possession licensee may 24 comply with subsection (2), a possession licensee is taken to comply with 25 subsection (2) if at the relevant time-- 26 13 Section 41(3) deals with this situation. 14 Section 41(5) deals with this situation.

 


 

s 44 41 s 44 Radiation Safety (a) the source complies with the relevant radiation safety standard; 1 and 2 (b) if the practice is being carried out at premises--the premises 3 comply with the relevant radiation safety standard; and 4 (c) the licensee is complying with the licensee's approved radiation 5 safety and protection plan for the practice. 6 (4) Also, the licensee must take reasonable steps to ensure another 7 person does not use the source unless the person is allowed to do so under a 8 use licence or otherwise under this Act.15 9 Maximum penalty--500 penalty units. 10 (5) Subsection (6) applies if the source is a radioactive substance. 11 (6) The licensee must take reasonable steps to ensure another person 12 does not transport the substance unless the person is allowed to do so under 13 a transport licence or otherwise under this Act.16 14 Maximum penalty for subsection (6)--500 penalty units. 15 obligation of persons carrying out radiation practices 16 Additional 44.(1) This section applies if a possession licensee, under the licence, 17 possesses a radiation source for a radiation practice. 18 (2) A person carrying out the practice with the source must take 19 reasonable steps to ensure any person's health and safety are not adversely 20 affected by exposure to radiation because of the way the person carries out 21 the practice. 22 Maximum penalty--500 penalty units. 23 (3) Without limiting the ways in which a person carrying out the practice 24 with the source may comply with subsection (2), a person carrying out the 25 practice with the source is taken to comply with subsection (2) if, at the 26 15 Section 13(2) states circumstances in which a person is not required to hold a use licence to use a radiation source to carry out a radiation practice. 16 Section 14(3) states circumstances in which a person is not required to hold a transport licence to transport a radioactive substance.

 


 

s 45 42 s 45 Radiation Safety relevant time, the person is complying with the licensee's approved 1 radiation safety and protection plan for the practice. 2 Division 7--Mandatory reporting requirements 3 of dangerous events 4 Notification 45.(1) This section applies-- 5 (a) if a possession licensee, under the licence, possesses a radiation 6 source for a radiation practice; and 7 (b) any of the following events (a "dangerous event") happen-- 8 (i) the source is, or appears to have been, lost or stolen; 9 (ii) there is a radiation incident in relation to the source, for 10 which there are no remediation procedures stated in the 11 licensee's approved radiation safety and protection plan for 12 the practice being carried out with the source at the time; 13 (iii) equipment that uses, measures or controls radiation emitted 14 from the source malfunctions with the result, or likely result, 15 that there is, or will be, an unintended emission of the 16 radiation or a person is, or will be, unintentionally exposed 17 to the radiation. 18 (2) The licensee must give the chief executive notice, as required under 19 subsections (3) and (4), of the dangerous event, unless the licensee has a 20 reasonable excuse. 21 Maximum penalty--50 penalty units. 22 (3) The notice must-- 23 (a) be given immediately, orally or in writing; and 24 (b) state particulars adequate to identify the source and its location. 25 (4) If the notice is given orally, the licensee must give the chief executive 26 a written notice confirming the oral notice within 7 days after the dangerous 27 event happens. 28 (5) In this section-- 29

 


 

s 46 43 s 47 Radiation Safety "radiation incident" means an incident adversely affecting, or likely to 1 adversely affect, the health or safety of any person because of the 2 emission of radiation. 3 "remediation procedures", for a radiation incident, means procedures 4 designed to minimise the radiation hazard arising from the incident. 5 or misleading notices 6 False 46. A possession licensee must not give the chief executive a notice 7 under section 45 containing information the licensee knows is false or 8 misleading in a material particular. 9 Maximum penalty--50 penalty units. 10 8--Banned radiation sources 11 Division of certain radiation sources 12 Banning 47.(1) A person must not possess, supply or use a radiation source that 13 is prescribed under a regulation to be a banned radiation source. 14 Maximum penalty--400 penalty units. 15 (2) In this section-- 16 "sell" means sell by retail, wholesale or auction, and includes-- 17 (a) offer or agree to sell; and 18 (b) invite to treat or expose for sale; and 19 (c) cause or permit to be sold; and 20 (d) supply under a lease, exchange, hiring or other commercial 21 arrangement. 22 "supply" includes-- 23 (a) distribute, give or sell; and 24 (b) offer or agree to distribute or give; and 25 (c) cause or permit to be distributed or given; and 26 (d) attempt to supply or do an act mentioned in paragraphs (a) to (c). 27

 


 

s 48 44 s 49 Radiation Safety ART 7--ACT INSTRUMENTS 1 P 1--Preliminary 2 Division is an "Act instrument" 3 What 48. An "Act instrument" is-- 4 (a) a licence; or 5 (b) an accreditation certificate; or 6 (c) an approval; or 7 (d) a radiation safety officer certificate. 8 may apply for Act instruments 9 Who 49.(1) Any person may apply for the following Act instruments-- 10 (a) a possession licence; 11 (b) a transport licence that allows the transport of a radioactive 12 substance other than by road; 13 (c) an approval to dispose. 14 (2) An individual, and only an individual, may apply for the following 15 Act instruments-- 16 (a) a use licence; 17 (b) a transport licence that allows the transport of a radioactive 18 substance by road; 19 (c) an accreditation certificate; 20 (d) a radiation safety officer certificate. 21 (3) A possession licensee, and only a possession licensee, may apply for 22 the following Act instruments-- 23 (a) an approval to acquire; 24 (b) an approval to relocate. 25

 


 

s 50 45 s 51 Radiation Safety instrument issued jointly to more than 1 person 1 Act 50. If an Act instrument is issued jointly to more than 1 person, a 2 reference in this Act to the holder of the instrument is a reference to each of 3 the persons. 4 2--Applications for, and issue of, Act instruments 5 Division 1--Applications 6 Subdivision requirements for applications 7 Procedural 51.(1) An application for an Act instrument must-- 8 (a) be made to the chief executive; and 9 (b) be in the approved form; and 10 (c) be accompanied by-- 11 (i) the fee prescribed under a regulation; and 12 (ii) if the application is for a possession licence--the proposed 13 radiation safety and protection plan for the radiation practice 14 for which the applicant wants to possess a radiation source; 15 and 16 (iii) if the application is for an approval to relocate--the written 17 approval for the proposed relocation given by the regulatory 18 authority responsible for preventing or minimising health 19 risks to any person, in so far as exposure to radiation is 20 concerned, in the locality to which the applicant proposes to 21 relocate the radiation source concerned; and 22 (iv) other documents prescribed under a regulation. 23 (2) The chief executive must consider the application and either grant, or 24 refuse to grant, the application. 25 (3) The chief executive may grant the application only if the chief 26 executive is satisfied the applicant is a suitable person to hold the 27 instrument. 28

 


 

s 52 46 s 53 Radiation Safety types of approval to acquire a radiation source 1 Different 52. An application for an approval to acquire may be made for-- 2 (a) a single acquisition of a radiation source; or 3 (b) the periodic acquisition of an unsealed radioactive substance (a 4 "continuing approval to acquire"). 5 6 Example for paragraph (a)-- 7 A hospital may make application for an approval to acquire an x-ray machine. 8 Example for paragraph (b)-- 9 A hospital may make application for an approval to acquire quantities of an 10 unsealed radioactive substance, for use by a person in carrying out diagnostic or 11 therapeutic procedures, on a weekly basis during the term of the possession licence 12 held by the hospital for the substance. Subdivision 2--Criteria for applications 13 for applications--possession licences 14 Criteria 53. In deciding whether an applicant for a possession licence is a suitable 15 person to hold the licence, the chief executive may have regard to the 16 following-- 17 (a) the radiation practice for which the applicant wants to possess the 18 radiation source to which the application relates; 19 (b) for an ionising radiation source--the justification17 of the practice; 20 (c) the adequacy of the proposed radiation safety and protection plan 21 for the practice, having regard to section 28;18 22 (d) the applicant's ability to comply with a possession licensee's 23 17 Justification is a radiation safety and protection principle under section 5 (Guiding principles). 18 Section 28 (What is a "radiation safety and protection plan") Under section 51(1)(c)(ii), an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source.

 


 

s 54 47 s 54 Radiation Safety obligations under sections 17, 18, 33 and 43;19 1 (e) if the applicant has been convicted of an indictable offence--the 2 nature, and circumstances of the commission, of the offence; 3 (f) whether the applicant has been convicted of an offence against 4 this Act, the repealed Act or a corresponding law; 5 (g) whether the applicant held an Act instrument under this Act, or a 6 similar instrument under the repealed Act or a corresponding law, 7 that was suspended or cancelled; 8 (h) anything else relevant to the health and safety of any person, in so 9 far as exposure to radiation is concerned. 10 for applications--use licences 11 Criteria 54. In deciding whether an applicant for a use licence is a suitable person 12 to hold the licence, the chief executive may have regard to the following-- 13 (a) the qualifications, training, skills, competence, knowledge and 14 experience of the applicant that are relevant to the radiation 15 practice to which the application relates; 16 (b) if the applicant is a person registered as a veterinary surgeon 17 under the Veterinary Surgeons Act 1936 or a health 18 practitioner--any conditions attaching to the applicant's 19 registration, enrolment or accreditation as a veterinary surgeon or 20 health practitioner limiting the applicant's ability to carry out the 21 practice; 22 (c) if the applicant has been convicted of an indictable offence--the 23 nature, and circumstances of the commission, of the offence; 24 (d) whether the applicant has been convicted of an offence against 25 this Act, the repealed Act or a corresponding law; 26 (e) whether the applicant held an Act instrument under this Act, or a 27 similar instrument under the repealed Act or a corresponding law, 28 19 Sections 17 (Obligations of possession licensees), 18 (When a possession licensee must obtain a certificate of compliance), 33 (Obligations in relation to approved radiation safety and protection plan--possession licensees) and 43 (Additional obligations of possession licensees)

 


 

s 55 48 s 56 Radiation Safety that was suspended or cancelled; 1 (f) anything else relevant to the health and safety of any person, in so 2 far as exposure to radiation is concerned. 3 for applications--transport licences 4 Criteria 55. In deciding whether an applicant for a transport licence is a suitable 5 person to hold the licence, the chief executive may have regard to the 6 following-- 7 (a) how the radioactive substance, to which the application relates, is 8 to be transported by the applicant; 9 (b) the amount of the substance the licensee is to transport at a time; 10 (c) the applicant's competency in relation to the handling, packing, 11 transportation, storage and delivery of the substance; 12 (d) if the applicant has been convicted of an indictable offence--the 13 nature, and circumstances of the commission, of the offence; 14 (e) whether the applicant has been convicted of an offence against 15 this Act, the repealed Act or a corresponding law; 16 (f) whether the applicant held an Act instrument under this Act, or a 17 similar instrument under the repealed Act or a corresponding law, 18 that was suspended or cancelled; 19 (g) anything else relevant to the health and safety of any person, in so 20 far as exposure to radiation is concerned. 21 for applications--accreditation certificates 22 Criteria 56. In deciding whether an applicant for an accreditation certificate is a 23 suitable person to hold the certificate, the chief executive may have regard to 24 the following-- 25 (a) the qualifications, training, skills, knowledge and experience of 26 the applicant that are relevant to the applicant's competency to 27 assess whether the type of radiation source or premises, to which 28 the application relates, complies with the relevant radiation safety 29 standard; 30

 


 

s 57 49 s 57 Radiation Safety (b) if the applicant has been convicted of an indictable offence--the 1 nature, and circumstances of the commission, of the offence; 2 (c) whether the applicant has been convicted of an offence against 3 this Act, the repealed Act or a corresponding law; 4 (d) whether the applicant held an accreditation certificate under this 5 Act, or a similar instrument under a corresponding law, that was 6 suspended or cancelled; 7 (e) anything else relevant to the health and safety of any person, in so 8 far as exposure to radiation is concerned. 9 for applications--approvals to acquire 10 Criteria 57. In deciding whether an applicant for an approval to acquire is a 11 suitable person to hold the approval, the chief executive may have regard to 12 the following-- 13 (a) the following particulars of the applicant's possession licence-- 14 (i) the radiation source the applicant is allowed to possess; 15 (ii) the radiation practice for which the applicant is allowed to 16 possess the source; 17 (iii) the term of the licence; 18 (iv) any conditions of the licence; 19 (b) the applicant's reason for wanting to acquire the radiation source 20 to which the application relates; 21 (c) whether the application contains particulars adequate to identify 22 the source; 23 (d) the particulars, stated in the application, of how the applicant 24 proposes to eventually dispose of, relocate, sell or give away the 25 source; 26 (e) whether the applicant held an approval to acquire under this Act, 27 or a similar instrument under a corresponding law, that was 28 suspended or cancelled; 29 (f) anything else relevant to the health and safety of any person, in so 30 far as exposure to radiation is concerned. 31

 


 

s 58 50 s 59 Radiation Safety for applications--approvals to dispose 1 Criteria 58. In deciding whether an applicant for an approval to dispose is a 2 suitable person to hold the approval, the chief executive may have regard to 3 the following-- 4 (a) the applicant's reason for wanting to dispose of the radioactive 5 material to which the application relates; 6 (b) how the applicant proposes to dispose of the material; 7 (c) whether the material can be dealt with in another way that is more 8 conducive to ecological health or public amenity or safety; 9 (d) whether the disposal would, or is likely to, result in another Act 10 being contravened; 11 (e) whether the applicant held an approval to dispose under this Act, 12 or a similar instrument under the repealed Act or a corresponding 13 law, that was suspended or cancelled; 14 (f) anything else relevant to the health and safety of any person, in so 15 far as exposure to radiation is concerned. 16 17 Example of `dealt with in another way' for paragraph (c)-- 18 The re-encapsulation of a sealed radioactive substance for its re-use, instead of its 19 disposal. 20 Example for paragraph (d)-- 21 The disposal of solid radioactive material may result in other substances being 22 released into the environment in contravention of the Environmental Protection Act 23 1994. for applications--approvals to relocate 24 Criteria 59.(1) In deciding whether an applicant for an approval to relocate is a 25 suitable person to hold the approval, the chief executive may have regard to 26 the following-- 27 (a) the applicant's reason for wanting to relocate the radiation source 28 to which the application relates; 29 (b) the ability of the applicant to comply with any intergovernmental 30 agreement or international treaty about the movement of radiation 31 sources; 32

 


 

s 60 51 s 60 Radiation Safety (c) if the purpose of the proposed relocation is the eventual disposal 1 of the source--whether it can be dealt with in another way that is 2 more conducive to ecological health or public amenity or safety; 3 (d) whether the applicant held an approval to relocate under this Act, 4 or a similar instrument under a corresponding law, that was 5 suspended or cancelled; 6 (e) anything else relevant to the health and safety of any person, in so 7 far as exposure to radiation is concerned. 8 9 Examples of `reason for wanting to relocate the radiation source' for subsection (1)(a)-- 10 1. Relocate a sealed radioactive substance to a place outside Queensland for 11 re-encapsulation before its re-use in Queensland. 12 2. Relocate a radioactive substance for safe storage in a purpose-built facility 13 outside Queensland. 14 3. Relocate a radiation source for use outside Queensland. 15 Example of `dealt with in another way' for subsection (1)(c)-- 16 The re-encapsulation of a sealed radioactive substance for its re-use, instead of its 17 disposal. (2) In this section-- 18 "intergovernmental agreement" means an agreement entered into 19 between-- 20 (a) the State and a government of the locality to which the applicant 21 proposes to relocate the source or through which the applicant 22 proposes to transport the source; or 23 (b) the Commonwealth and a government of the locality to which the 24 applicant proposes to relocate the source. 25 "international treaty" means a treaty, dealing with the relocation of the 26 source, to which the Commonwealth is a party. 27 "treaty" includes a convention, protocol, agreement or arrangement. 28 for applications--radiation safety officer certificates 29 Criteria 60. In deciding whether an applicant for a radiation safety officer 30 certificate is a suitable person to hold the certificate, the chief executive may 31 have regard to the following-- 32

 


 

s 61 52 s 61 Radiation Safety (a) the applicant's knowledge of the legislation, guidelines, codes of 1 practice and standards relevant to the type of radiation practice to 2 which the application relates; 3 (b) the applicant's knowledge and skills in-- 4 (i) measuring and monitoring radiation; and 5 (ii) interpreting radiation measurements; and 6 (iii) applying radiation safety and protection principles; 7 (c) the applicant's knowledge of the biological effects of radiation; 8 (d) the applicant's competency to perform the functions of a radiation 9 safety officer in relation to the type of practice; 10 (e) if the applicant has been convicted of an indictable offence--the 11 nature, and circumstances of the commission, of the offence; 12 (f) whether the applicant has been convicted of an offence against 13 this Act, the repealed Act or a corresponding law; 14 (g) whether the applicant has held a radiation safety officer certificate 15 under this Act, or a similar instrument under a corresponding 16 law, that was suspended or cancelled; 17 (h) anything else relevant to the health and safety of any person, in so 18 far as exposure to radiation is concerned. 19 3--Decision on applications 20 Subdivision into applications 21 Inquiries 61.(1) Before deciding the application, the chief executive-- 22 (a) may investigate the applicant; and 23 (b) may, by written notice given to the applicant, require the applicant 24 to give the chief executive, within a reasonable period of at least 25 30 days stated in the notice, further information or a document the 26 chief executive reasonably requires to decide the application; and 27 (c) if the application is for a use licence, transport licence allowing the 28 transport of a radioactive substance by road, accreditation 29

 


 

s 61 53 s 61 Radiation Safety certificate or radiation safety officer certificate--may, by written 1 notice given to the applicant, require the applicant to undergo a 2 written, oral or practical examination within a reasonable period 3 of at least 30 days stated in the notice. 4 (2) The purpose of an examination under subsection (1)(c) must be to 5 assess-- 6 (a) for a use licence to use a radiation source to carry out a radiation 7 practice-- 8 (i) the applicant's competency to use the source to carry out the 9 practice; and 10 (ii) the applicant's knowledge of issues relevant to the health and 11 safety of any person, in so far as exposure to radiation is 12 concerned; or 13 (b) for a transport licence allowing the transport of a radioactive 14 substance by road-- 15 (i) the applicant's competency in relation to the handling, 16 packing, transportation, storage and delivery of the 17 substance; and 18 (ii) the applicant's knowledge of issues relevant to the health and 19 safety of any person, in so far as exposure to radiation is 20 concerned; or 21 (c) for an accreditation certificate-- 22 (i) for a type of radiation source--the applicant's competency to 23 assess whether a radiation source of that type complies with 24 the relevant radiation safety standard; and 25 (ii) for a type of premises--the applicant's competency to 26 assess whether premises of that type comply with the 27 relevant radiation safety standard; and 28 (iii) the applicant's knowledge of issues relevant to the health and 29 safety of any person, in so far as exposure to radiation is 30 concerned; or 31 (d) for a radiation safety officer certificate-- 32 (i) the applicant's knowledge of the legislation, guidelines, 33

 


 

s 62 54 s 63 Radiation Safety codes of practice and standards relevant to the type of 1 radiation practice to which the application relates; and 2 (ii) the applicant's knowledge and skills in-- 3 (A) measuring and monitoring radiation; and 4 (B) interpreting radiation measurements; and 5 (C) applying radiation safety and protection principles; and 6 (iii) the applicant's knowledge of the biological effects of 7 radiation; and 8 (iv) the applicant's competency to perform the functions of a 9 radiation safety officer in relation to the type of practice; and 10 (v) the applicant's knowledge of issues relevant to the health and 11 safety of any person, in so far as exposure to radiation is 12 concerned. 13 (3) The applicant is taken to have withdrawn the application if, within the 14 stated period, the applicant-- 15 (a) does not comply with a requirement under subsection (1)(b); or 16 (b) does not undergo an examination under subsection (1)(c). 17 (4) A notice under subsection (1)(b) or (c) must be given to the applicant 18 within 90 days after the chief executive receives the application. 19 20 Decision 62.(1) If the chief executive decides to grant the application, the chief 21 executive must immediately issue the Act instrument applied for to the 22 applicant. 23 (2) If the chief executive decides to refuse to grant the application, the 24 chief executive must immediately give the applicant an information notice 25 about the decision. 26 to decide applications 27 Failure 63.(1) Subject to subsections (2) and (3), if the chief executive fails to 28 decide the application within 90 days after its receipt, the failure is taken to 29

 


 

s 64 55 s 64 Radiation Safety be a decision by the chief executive to refuse to grant the application. 1 (2) Subsection (3) applies if-- 2 (a) a person has made an application for an Act instrument; and 3 (b) the chief executive has-- 4 (i) under section 61(1)(b), required the applicant to give the 5 chief executive further information or a document; or 6 (ii) under section 61(1)(c), required the applicant to undergo an 7 examination. 8 (3) The chief executive is taken to have refused to grant the application if 9 the chief executive does not decide the application by the later of the 10 following days-- 11 (a) the day that is 90 days after the chief executive receives the further 12 information or document; 13 (b) the day that is 90 days after the chief executive receives the results 14 of the examination. 15 (4) If the application is an application for a licence, this section is subject 16 to section 64. 17 consideration of applications for licences 18 Further 64.(1) This section applies if the chief executive considers he or she 19 needs further time to make a decision on an application for a licence because 20 of the complexity of the matters that need to be considered in deciding the 21 application. 22 23 Example of an application likely to raise complex matters-- 24 An application for a possession licence to possess radioactive substances for the 25 manufacture of radiopharmaceuticals. (2) The chief executive may at any time before the final consideration day 26 give written notice to the applicant that-- 27 (a) because of the complexity of the matters that need to be 28 considered in deciding the application, the chief executive needs 29 further time to decide the application; and 30 (b) the period within which the chief executive must decide the 31

 


 

s 65 56 s 65 Radiation Safety application is extended to a day (the "extended day") that is 1 90 days after the final consideration day. 2 (3) Also, the applicant and chief executive may at any time before the 3 final consideration day agree in writing on a day (the "agreed extended 4 day") by which the application is to be decided. 5 (4) The chief executive is taken to have refused to grant the application if 6 the chief executive does not decide the application by the latest of the 7 following days-- 8 (a) if the chief executive has given a notice to the applicant under 9 subsection (2)--the extended day; 10 (b) if there is an agreement between the applicant and chief executive 11 under subsection (3)--the agreed extended day. 12 (5) In this section-- 13 "final consideration day" means the later of the following days-- 14 (a) the day that is 90 days after receipt of the application; 15 (b) if the chief executive has, under section 61(1)(b), required the 16 applicant to give the chief executive further information or a 17 document--the day that is 90 days after the chief executive 18 receives the further information or document; 19 (c) if the chief executive has, under section 61(1)(c), required the 20 applicant to undergo an examination--the day that is 90 days after 21 the chief executive receives the results of the examination. 22 4--Information in Act instruments 23 Subdivision of Act instruments 24 Forms 65.(1) An Act instrument must be in the approved form. 25 (2) The approved form must provide for the inclusion of the following-- 26 (a) the name of the holder of the instrument; 27 (b) the term of the instrument; 28 (c) any conditions of the instrument imposed by the chief executive. 29

 


 

s 66 57 s 69 Radiation Safety information for possession licences 1 Additional 66.(1) The approved form for a possession licence must also provide for 2 the inclusion of the following-- 3 (a) particulars of the radiation source the licensee is allowed to 4 possess; 5 (b) the radiation practice for which the licensee is allowed to possess 6 the source. 7 (2) Also, the approved form must identify the approved radiation safety 8 and protection plan for the practice. 9 information for use licences 10 Additional 67. The approved form for a use licence must also provide for the 11 inclusion of the following-- 12 (a) particulars of the radiation source the licensee is allowed to use; 13 (b) the radiation practice the licensee is allowed to carry out using the 14 source. 15 information for transport licences 16 Additional 68. The approved form for a transport licence must also provide for the 17 inclusion of the following-- 18 (a) particulars of the radioactive substance the licensee is allowed to 19 transport; 20 (b) how the substance is to be transported; 21 (c) the amount of the substance the licensee is allowed to transport at 22 a time. 23 information for accreditation certificates 24 Additional 69. The approved form for an accreditation certificate must also provide 25 for the inclusion of particulars of the type of radiation source or premises 26 for which the holder of the certificate is allowed to issue a certificate of 27 compliance. 28

 


 

s 70 58 s 73 Radiation Safety 1 Example of a type of premises-- 2 Premises at which diagnostic radiography is, or is to be, carried out. information for approvals to acquire 3 Additional 70. The approved form for an approval to acquire must also provide for 4 the inclusion of particulars adequate to identify the radiation source allowed 5 to be acquired under the approval. 6 information for approvals to dispose 7 Additional 71. The approved form for an approval to dispose must also identify-- 8 (a) the radioactive material the licensee is allowed to dispose of; and 9 (b) the amount of the radioactive material the licensee is allowed to 10 dispose of. 11 information for approvals to relocate 12 Additional 72. The approved form for an approval to relocate must also provide for 13 the inclusion of the following-- 14 (a) particulars adequate to identify the radiation source allowed to be 15 relocated under the approval; 16 (b) the location to which the holder of the approval is allowed to 17 relocate the source. 18 information for radiation safety officer certificates 19 Additional 73. The approved form for a radiation safety officer certificate must also 20 provide for the inclusion of particulars adequate to identify the type of 21 radiation practice for which the holder of the certificate may perform the 22 functions of a radiation safety officer. 23

 


 

s 74 59 s 75 Radiation Safety Subdivision 5--Terms of Act instruments 1 2 Terms 74.(1) A licence remains in force-- 3 (a) for a licence of a kind prescribed under a regulation--for the 4 term, not more than 3 years, stated in the regulation; or 5 (b) otherwise--for the term, not more than 3 years, stated in the 6 licence. 7 (2) An accreditation certificate remains in force for the term, not more 8 than 3 years, stated in the certificate. 9 (3) An approval remains in force for the term stated in the approval. 10 (4) However, for an approval to acquire or approval to relocate, the term 11 must expire on or before the expiry of the term of the possession licence 12 under which the radiation source the subject of the approval may be 13 possessed. 14 (5) A radiation safety officer certificate remains in force for the term, not 15 more than 3 years, stated in the certificate. 16 6--Conditions of Act instruments 17 Subdivision conditions for certain Act instruments 18 Standard 75.(1) An approval to relocate is subject to the condition that the holder 19 of the approval must give the chief executive written notice of the relocation 20 of the radiation source to which the approval relates within 7 days after the 21 relocation happens. 22 (2) An approval to dispose is subject to the condition that the holder of 23 the approval must give the chief executive written notice of the disposal of 24 the radioactive material to which the approval relates within 7 days after the 25 disposal happens. 26 (3) A possession or use licence is subject to the condition that the holder 27 of the licence comply with a code, protocol, standard or document, 28 prescribed under a regulation about the radiation practice to which the 29

 


 

s 76 60 s 78 Radiation Safety licence relates. 1 (4) A transport licence is subject to the condition that the holder of the 2 licence comply with a code, protocol, standard or document, prescribed 3 under a regulation about the transport of radioactive substances to which the 4 licence relates. 5 of conditions by chief executive 6 Imposition 76.(1) The chief executive may issue an Act instrument on conditions the 7 chief executive considers necessary or desirable to protect persons from 8 health risks associated with exposure to radiation. 9 (2) If the chief executive decides to issue an Act instrument on 10 conditions, the chief executive must immediately give the applicant an 11 information notice about the decision. 12 of condition 13 Contravention 77.(1) A holder of an Act instrument must not contravene a condition of 14 the instrument, including a condition mentioned in section 75. 15 Maximum penalty--200 penalty units. 16 (2) The penalty under subsection (1) may be imposed whether or not the 17 instrument is cancelled or suspended because of the contravention. 18 3--Renewal of certain Act instruments 19 Division of div 3 20 Application 78. This division applies to the following Act instruments (the 21 "renewable Act instruments")-- 22 (a) a licence; 23 (b) an accreditation certificate; 24 (c) a continuing approval to acquire; 25 (d) a radiation safety officer certificate. 26

 


 

s 79 61 s 80 Radiation Safety for renewal 1 Applications 79.(1) The holder of a renewable Act instrument may apply to the chief 2 executive for the renewal of the instrument within the period starting 3 60 days before the term of the instrument ends. 4 (2) The application must-- 5 (a) be in the approved form; and 6 (b) be accompanied by-- 7 (i) the fee prescribed under a regulation; and 8 (ii) documents prescribed under a regulation. 9 (3) The chief executive must consider the application and renew, or 10 refuse to renew, the instrument. 11 (4) In deciding whether to grant the application, the chief executive may 12 have regard to the matters to which the chief executive may have regard in 13 deciding whether a proposed holder of a renewable Act instrument is a 14 suitable person to hold the instrument.20 15 (5) If the chief executive decides to refuse to renew the instrument, the 16 chief executive must immediately give the applicant an information notice 17 about the decision. 18 (6) A renewable Act instrument may be renewed by-- 19 (a) endorsing the existing instrument; or 20 (b) cancelling the existing instrument and issuing another renewable 21 Act instrument. 22 into applications 23 Inquiries 80.(1) Before deciding the application, the chief executive may, by 24 written notice given to the applicant, require the applicant to give the chief 25 executive, within a reasonable period of at least 30 days stated in the notice, 26 further information or a document the chief executive reasonably considers 27 is needed to decide the application. 28 20 See section 53, 54, 55, 56, 57 or 60 for a list of the matters.

 


 

s 81 62 s 82 Radiation Safety (2) The applicant is taken to have withdrawn the application if, within the 1 stated period, the applicant does not comply with the requirement. 2 Act instrument taken to be in force while application is 3 Renewable considered 4 81.(1) If an application is made under section 79, the holder's renewable 5 Act instrument is taken to continue in force from the day that it would, apart 6 from this section, have expired until the application is decided under 7 section 79 or taken to have been withdrawn under section 80(2). 8 (2) However, if the application is refused, the instrument continues in 9 force until the information notice for the decision is given to the applicant. 10 (3) Subsection (1) does not apply if the instrument is earlier suspended 11 or cancelled. 12 Division 4--Provisions about suspension and cancellation of Act 13 instruments 14 1--Suspension and cancellation of Act instruments 15 Subdivision for suspension or cancellation 16 Grounds 82.(1) Each of the following is a ground for suspending or cancelling an 17 Act instrument-- 18 (a) the holder of the instrument is not, or is no longer, a suitable 19 person to hold the instrument; 20 (b) the holder has been convicted of an offence against this Act; 21 (c) the holder has contravened a provision of this Act (being a 22 provision a contravention of which is not an offence against this 23 Act); 24 (d) the holder has contravened a condition of the instrument; 25 (e) the instrument was issued because of a materially false or 26 misleading representation or declaration. 27 (2) For forming a belief that the ground mentioned in subsection (1)(a) 28

 


 

s 83 63 s 84 Radiation Safety exists, the chief executive may have regard to the matters to which the chief 1 executive may have regard in deciding whether a proposed holder of an Act 2 instrument is a suitable person to hold the instrument.21 3 cause notice 4 Show 83.(1) If the chief executive believes a ground exists to suspend or cancel 5 an Act instrument, the chief executive must give the holder of the 6 instrument a written notice under this section (a "show cause notice"). 7 (2) The show cause notice must state the following-- 8 (a) the action (the "proposed action") the chief executive proposes 9 taking under this subdivision; 10 (b) the grounds for the proposed action; 11 (c) an outline of the facts and circumstances forming the basis for the 12 grounds; 13 (d) if the proposed action is suspension of the instrument--the 14 proposed suspension period; 15 (e) an invitation to the holder to show within a stated period (the 16 "show cause period") why the proposed action should not be 17 taken. 18 (3) The show cause period must be a period ending not less than 21 days 19 after the show cause notice is given to the holder. 20 about show cause notices 21 Representations 84.(1) The holder of the instrument may make representations about the 22 show cause notice to the chief executive in the show cause period. 23 (2) The chief executive must consider all written representations (the 24 "accepted representations") made under subsection (1). 25 21 See section 53, 54, 55, 56, 57, 58, 59 or 60 for a list of the matters.

 


 

s 85 64 s 86 Radiation Safety show cause process without further action 1 Ending 85.(1) This section applies if, after considering the accepted 2 representations for the show cause notice, the chief executive no longer 3 believes a ground exists to suspend or cancel the instrument. 4 (2) The chief executive must not take any further action about the show 5 cause notice. 6 (3) Notice that no further action is to be taken about the show cause 7 notice must be given to the holder of the instrument by the chief executive. 8 or cancellation 9 Suspension 86.(1) This section applies if, after considering the accepted 10 representations for the show cause notice, the chief executive-- 11 (a) still believes a ground exists to suspend or cancel the instrument; 12 and 13 (b) believes suspension or cancellation of the instrument is 14 warranted. 15 (2) This section also applies if there are no accepted representations for 16 the show cause notice. 17 (3) The chief executive may-- 18 (a) if the proposed action stated in the show cause notice was to 19 suspend the instrument for a stated period--suspend the 20 instrument for not longer than the stated period; or 21 (b) if the proposed action stated in the show cause notice was to 22 cancel the instrument--either cancel the instrument or suspend it 23 for a period. 24 (4) The chief executive must immediately give an information notice 25 about the decision to the holder of the instrument. 26 (5) The decision takes effect on-- 27 (a) the day the information notice is given to the holder; or 28 (b) if a later day of effect is stated in the information notice--the later 29 day. 30

 


 

s 87 65 s 88 Radiation Safety of cancelled Act instrument to chief executive 1 Return 87.(1) This section applies if the chief executive has cancelled an Act 2 instrument and given an information notice for the decision to the holder of 3 the instrument. 4 (2) The holder must return the instrument to the chief executive within 5 7 days after receiving the information notice, unless the holder has a 6 reasonable excuse. 7 Maximum penalty for subsection (2)--10 penalty units. 8 suspension of licence or accreditation certificate pending 9 Immediate formal cancellation procedure 10 88.(1) This section applies if the chief executive believes-- 11 (a) a ground exists to cancel a licence; and 12 (b) it is necessary, in the interests of the health or safety of any 13 person who may be exposed to radiation emitted from the 14 radiation source to which the licence relates, to immediately 15 suspend the licence until the formal cancellation procedure is 16 completed. 17 (2) This section also applies if the chief executive believes-- 18 (a) a ground exists to cancel an accreditation certificate; and 19 (b) it is necessary, in the interests of the health or safety of any 20 person, to immediately suspend the authority of the holder of the 21 certificate to issue certificates of compliance for radiation sources 22 or premises until the formal cancellation procedure is completed. 23 (3) The chief executive may immediately suspend the licence or 24 certificate. 25 (4) The chief executive must immediately give an information notice 26 about the decision to the holder of the licence or certificate. 27 (5) The suspension takes effect immediately an information notice for the 28 decision is given to the holder. 29 (6) If, within 14 days after the chief executive suspends the licence or 30

 


 

s 89 66 s 90 Radiation Safety certificate, the chief executive gives the notice required by section 83(1),22 1 the suspension lasts until the first to happen of the following-- 2 (a) the chief executive cancels the suspension; 3 (b) a decision to cancel the licence or certificate takes effect; 4 (c) a decision is made not to cancel the licence or certificate. 5 (7) However, if the notice required by section 83(1) is not given within 6 the period mentioned in subsection (6), the suspension lapses at the end of 7 the period, unless the chief executive has already cancelled the suspension. 8 Subdivision 2--Effect of suspension or cancellation of possession 9 licences on certain other Act instruments 10 of suspension or cancellation of possession licences--approvals 11 Effect to acquire 12 89.(1) If the possession licence of the holder of an approval to acquire is 13 suspended, the approval is taken to be suspended for the period of the 14 suspension. 15 (2) If the possession licence of the holder of an approval to acquire is 16 cancelled, the approval is taken to be cancelled. 17 of suspension or cancellation of possession licences--approvals 18 Effect to relocate 19 90.(1) If the possession licence of the holder of an approval to relocate is 20 suspended, the approval is taken to be suspended for the period of the 21 suspension. 22 (2) If the possession licence of the holder of an approval to relocate is 23 cancelled, the approval is taken to be cancelled. 24 22 Section 83 (Show cause notice)

 


 

s 91 67 s 92 Radiation Safety 3--Effect of suspension or cancellation of radiation safety 1 Subdivision officer certificates on radiation safety officer appointments 2 of suspension or cancellation 3 Effect 91.(1) This section applies if-- 4 (a) a person is a radiation safety officer for a radiation practice; and 5 (b) the person's radiation safety officer certificate is suspended or 6 cancelled by the chief executive. 7 (2) The person's appointment as a radiation safety officer for the practice 8 is taken to be rescinded. 9 (3) The person must as soon as practicable give written notice of the 10 suspension or cancellation to the possession licensee who appointed the 11 person as a radiation safety officer for the practice. 12 Maximum penalty for subsection (3)--10 penalty units. 13 5--Change in circumstances of holders of certain Act 14 Division instruments 15 of change in circumstances 16 Notification 92.(1) This section applies to the following Act instruments-- 17 (a) a licence; 18 (b) an accreditation certificate; 19 (c) a continuing approval to acquire; 20 (d) a radiation safety officer certificate. 21 (2) The holder of the instrument must, within 14 days after the 22 happening of a change in the holder's circumstances prescribed under a 23 regulation, give the chief executive written notice of the change and return 24 the instrument to the chief executive. 25 Maximum penalty for subsection (2)--10 penalty units. 26

 


 

s 93 68 s 95 Radiation Safety of change on Act instrument 1 Endorsement 93.(1) This section applies if-- 2 (a) the change affects a particular stated in the instrument; and 3 (b) the chief executive is satisfied the change is correct and does not 4 affect the instrument in a way that makes it desirable the 5 instrument be suspended or cancelled. 6 (2) The chief executive must note the change on the instrument and 7 return it to the holder. 8 6--Changing conditions of certain Act instruments 9 Division of div 6 10 Application 94. This division applies to the following Act instruments (the 11 "conditional Act instruments")-- 12 (a) a licence; 13 (b) an accreditation certificate; 14 (c) a continuing approval to acquire; 15 (d) a radiation safety officer certificate. 16 conditions of conditional Act instruments--chief executive 17 Changing acting on own initiative 18 95.(1) The chief executive may decide to change the conditions of a 19 conditional Act instrument imposed by the chief executive if the chief 20 executive considers it is necessary or desirable to make the change to protect 21 persons from health risks associated with exposure to radiation. 22 (2) Before deciding to change the conditions, the chief executive must-- 23 (a) give written notice to the holder of the instrument-- 24 (i) of the particulars of the proposed change; and 25 (ii) that the holder may make written submissions to the chief 26 executive about the proposed change within a reasonable 27 period of at least 21 days stated in the notice; and 28

 


 

s 96 69 s 96 Radiation Safety (b) have regard to written submissions made to the chief executive by 1 the holder before the stated day. 2 (3) If the chief executive decides to change the conditions of a conditional 3 Act instrument, the chief executive must immediately give the holder of the 4 instrument an information notice about the decision. 5 (4) The change of conditions takes effect when the information notice is 6 given to the holder and does not depend on the instrument being amended 7 to record the change or a replacement instrument being issued. 8 (5) The power of the chief executive under subsection (1) includes the 9 power to add conditions to a conditional Act instrument that is not subject to 10 conditions imposed by the chief executive. 11 conditions of conditional Act instruments--application by 12 Changing holders 13 96.(1) The holder of a conditional Act instrument may apply to the chief 14 executive to change the conditions of the instrument imposed by the chief 15 executive. 16 (2) The application must-- 17 (a) be in the approved form; and 18 (b) be accompanied by the fee prescribed under a regulation. 19 (3) In deciding whether to grant the application, the chief executive may 20 have regard to the matters, relevant to the application, to which the chief 21 executive may have regard in deciding whether a proposed holder of a 22 conditional Act instrument is a suitable person to hold the instrument.23 23 (4) If the chief executive decides to grant the application, the chief 24 executive must immediately give the holder notice of the decision. 25 (5) The change of conditions takes effect when the notice is given to the 26 holder and does not depend on the instrument being amended to record the 27 change or a replacement instrument being issued. 28 (6) If the chief executive decides not to grant the application, the chief 29 executive must immediately give the holder an information notice about the 30 23 See section 53, 54, 55, 56, 57 or 60 for a list of the matters.

 


 

s 97 70 s 98 Radiation Safety decision. 1 (7) If the chief executive fails to decide the application within 90 days 2 after its receipt, the failure is taken to be a decision by the chief executive to 3 refuse to grant the application. 4 change of conditions 5 Recording 97.(1) This section applies if a holder of a conditional Act instrument 6 receives an information notice under section 95(3), or a notice under 7 section 96(4), about a change to the conditions of the instrument. 8 (2) The holder must return the instrument to the chief executive within 9 7 days after receiving the notice, unless the holder has a reasonable excuse. 10 Maximum penalty--10 penalty units. 11 (3) On receiving the instrument, the chief executive must-- 12 (a) amend the instrument in an appropriate way and return the 13 amended instrument to the holder; or 14 (b) if the chief executive does not consider it practicable to amend the 15 instrument--issue another instrument, incorporating the changed 16 conditions, to the holder to replace the instrument returned to the 17 chief executive. 18 consideration of applications under s 96 19 Further 98.(1) This section applies if the chief executive considers he or she 20 needs further time to make a decision on an application under section 96 21 because of the complexity of the matters that need to be considered in 22 deciding the application. 23 (2) The chief executive may at any time before the final consideration day 24 give written notice to the applicant that-- 25 (a) because of the complexity of the matters that need to be 26 considered in deciding the application, the chief executive needs 27 further time to decide the application; and 28 (b) the period within which the chief executive must decide the 29 application is extended to a day (the "extended day") that is 30 90 days after the final consideration day. 31

 


 

s 99 71 s 100 Radiation Safety (3) Also, the applicant and chief executive may at any time before the 1 final consideration day agree in writing on a day (the "agreed extended 2 day") by which the application is to be decided. 3 (4) The chief executive is taken to have refused to grant the application if 4 the chief executive does not decide the application by the latest of the 5 following days-- 6 (a) if the chief executive has given a notice to the applicant under 7 subsection (2)--the extended day; 8 (b) if there is an agreement between the applicant and chief executive 9 under subsection (3)--the agreed extended day. 10 (5) In this section-- 11 "final consideration day" means the day that is 90 days after receipt of the 12 application. 13 Division 7--Surrender of Act instruments 14 of Act instruments 15 Surrender 99.(1) The holder of an Act instrument may surrender the instrument by 16 written notice given to the chief executive. 17 (2) The surrender takes effect-- 18 (a) on the day the notice is given to the chief executive; or 19 (b) if a later day of effect is stated in the notice--on the later day. 20 (3) The holder must return the instrument to the chief executive within 21 7 days after the day the surrender takes effect, unless the holder has a 22 reasonable excuse. 23 Maximum penalty for subsection (3)--10 penalty units. 24 on surrender of radiation safety officer certificates 25 Obligations 100.(1) Subsection (2) applies if-- 26 (a) a person surrenders the person's radiation safety officer certificate 27 under section 99; and 28

 


 

s 101 72 s 102 Radiation Safety (b) immediately before the surrender takes effect the person is a 1 radiation safety officer for a radiation practice; and 2 (c) at the time of surrender, the person is not also the possession 3 licensee who, under the licence, possesses a radiation source for 4 the practice. 5 (2) The person must as soon as practicable after the surrender takes effect 6 give written notice of the surrender to the possession licensee who 7 appointed the person as a radiation safety officer for the practice. 8 Maximum penalty for subsection (2)--10 penalty units. 9 Division 8--General provisions about Act instruments 10 of Act instruments 11 Replacement 101.(1) The holder of an Act instrument may apply to the chief executive 12 for the replacement of the instrument if it has been lost, stolen, destroyed or 13 damaged. 14 (2) The chief executive must consider the application and either grant, or 15 refuse to grant, the application. 16 (3) The chief executive must grant the application if the chief executive is 17 satisfied the instrument has been lost, stolen or destroyed, or damaged in a 18 way to require its replacement. 19 (4) If the chief executive grants the application, the chief executive must, 20 on payment of the fee prescribed under a regulation, issue another 21 instrument to the applicant to replace the lost, stolen, destroyed or damaged 22 instrument. 23 (5) If the chief executive refuses to grant the application, the chief 24 executive must immediately give the applicant an information notice about 25 the decision. 26 of Act instrument prohibited 27 Transfer 102. An Act instrument may not be transferred. 28

 


 

s 103 73 s 106 Radiation Safety 9--False or misleading statements by applicants 1 Division or misleading statements 2 False 103. A person must not, for an application made under this part, state 3 anything the person knows is false or misleading in a material particular. 4 Maximum penalty--50 penalty units. 5 PART 8--MONITORING, INVESTIGATION AND 6 ENFORCEMENT 7 1--Inspectors 8 Division of inspectors 9 Functions 104. An inspector has the function of conducting investigations and 10 inspections to monitor and enforce compliance with this Act. 11 of inspectors 12 Powers 105.(1) For this Act, an inspector has the powers given to the inspector 13 under this Act. 14 (2) The powers of an inspector may be limited under a condition of 15 appointment. 16 Division 2--Appointment of inspectors and other matters 17 ppointments 18 A 106.(1) The chief executive may appoint a person as an inspector. 19 (2) The chief executive may appoint a person as an inspector only if the 20 chief executive considers the person has the necessary expertise or 21 experience to be an inspector. 22

 


 

s 107 74 s 109 Radiation Safety conditions 1 Appointment 107.(1) An inspector holds office on the conditions stated in the 2 instrument of appointment. 3 (2) An inspector ceases holding office-- 4 (a) if the appointment provides for a term of appointment--at the end 5 of the term; or 6 (b) if the conditions of appointment provide--on ceasing to hold 7 another office (the "main office") stated in the appointment 8 conditions. 9 (3) An inspector may resign by signed notice of resignation given to the 10 chief executive. 11 (4) However, an inspector who is a health service employee or public 12 service officer may not resign from the office of inspector (the "secondary 13 office") if a condition of the inspector's employment to the main office 14 requires the inspector to hold the secondary office. 15 cards 16 Identity 108.(1) The chief executive must give an identity card to each inspector. 17 (2) The identity card must-- 18 (a) contain a recent photograph of the inspector; and 19 (b) be signed by the inspector; and 20 (c) identify the person as an inspector for this Act; and 21 (d) include an expiry date for the card. 22 (3) This section does not prevent the issue of a single identity card to a 23 person for this Act and other Acts. 24 to return identity card 25 Failure 109. A person who ceases to be an inspector must return the person's 26 identity card to the chief executive within 7 days after the person ceases to 27 be an inspector, unless the person has a reasonable excuse. 28 Maximum penalty--10 penalty units. 29

 


 

s 110 75 s 111 Radiation Safety or display of inspector's identity card 1 Production 110.(1) An inspector may exercise a power in relation to someone else 2 (the "other person") only if the inspector-- 3 (a) first produces the inspector's identity card for the other person's 4 inspection; or 5 (b) has the identity card displayed so it is clearly visible to the other 6 person. 7 (2) However, if for any reason it is not practicable to comply with 8 subsection (1) before exercising the power, the inspector must produce the 9 identity card for the other person's inspection at the first reasonable 10 opportunity. 11 Division 3--Powers of inspectors 12 Subdivision 1--Entry of places 13 to enter places 14 Power 111.(1) An inspector may enter a place if-- 15 (a) its occupier consents to the entry; or 16 (b) it is a public place and the entry is made when the place is open to 17 the public; or 18 (c) the entry is authorised by a warrant. 19 (2) Also, an inspector may enter a place if-- 20 (a) a possession licensee, under a possession licence, possesses a 21 radiation source for a radiation practice; and 22 (b) the inspector reasonably believes the source is at the place for 23 carrying out the practice; and 24 (c) the place is-- 25 (i) open for carrying on business; or 26 (ii) otherwise open for entry. 27

 


 

s 112 76 s 112 Radiation Safety (3) For entering a place within premises under subsection (2), an 1 inspector may enter any other part of the premises to an extent that is 2 reasonable for entry to the place. 3 (4) However, an inspector may not enter a place under subsection (2) 4 or (3) if-- 5 (a) a person is undergoing a procedure conducted by a health 6 practitioner, or consulting a health practitioner, at the place; or 7 (b) the place is a place where a person resides. 8 (5) For the purpose of asking the occupier of a place for consent to enter, 9 an inspector may, without the occupier's consent or a warrant-- 10 (a) enter land around premises at the place to an extent that is 11 reasonable to contact the occupier; or 12 (b) enter part of the place the inspector reasonably considers 13 members of the public ordinarily are allowed to enter when they 14 wish to contact the occupier. 15 Subdivision 2--Procedure for entry 16 to entry 17 Consent 112.(1) This section applies if an inspector intends to ask an occupier of a 18 place to consent to the inspector or another inspector entering the place. 19 (2) Before asking for the consent, the inspector must tell the occupier-- 20 (a) the purpose of the entry; and 21 (b) that the occupier is not required to consent. 22 (3) If the consent is given, the inspector may ask the occupier to sign an 23 acknowledgment of the consent. 24 (4) The acknowledgment must state-- 25 (a) the occupier has been told-- 26 (i) the purpose of the entry; and 27 (ii) that the occupier is not required to consent; and 28 (b) the purpose of the entry; and 29

 


 

s 113 77 s 114 Radiation Safety (c) the occupier gives the inspector consent to enter the place and 1 exercise powers under this division; and 2 (d) the time and date the consent was given. 3 (5) If the occupier signs an acknowledgment, the inspector must 4 immediately give a copy to the occupier. 5 (6) A court must find the occupier did not consent to an inspector 6 entering the place under this division if-- 7 (a) an issue arises in a proceeding before the court whether the 8 occupier of the place consented to the entry; and 9 (b) an acknowledgment is not produced in evidence for the entry; and 10 (c) it is not proved by the person relying on the lawfulness of the 11 entry that the occupier consented to the entry. 12 for warrant 13 Application 113.(1) An inspector may apply to a magistrate for a warrant for a place. 14 (2) The application must be sworn and state the grounds on which the 15 warrant is sought. 16 (3) The magistrate may refuse to consider the application until the 17 inspector gives the magistrate all the information the magistrate requires 18 about the application in the way the magistrate requires. 19 20 Example-- 21 The magistrate may require additional information supporting the application to 22 be given by statutory declaration. of warrant 23 Issue 114.(1) The magistrate may issue a warrant only if the magistrate is 24 satisfied there are reasonable grounds for suspecting-- 25 (a) there is a particular thing or activity (the "evidence") that may 26 provide evidence of an offence against this Act; and 27 (b) the evidence is at the place, or may be at the place within the next 28 7 days. 29

 


 

s 115 78 s 115 Radiation Safety (2) The warrant must state-- 1 (a) that a stated inspector may, with necessary and reasonable help 2 and force-- 3 (i) enter the place and any other place necessary for entry; and 4 (ii) exercise the inspector's powers under this division; and 5 (b) the offence for which the warrant is sought; and 6 (c) the evidence that may be seized under the warrant; and 7 (d) the hours of the day or night when the place may be entered; and 8 (e) the date, within 14 days after the warrant's issue, the warrant 9 ends. 10 warrants 11 Special 115.(1) An inspector may apply for a warrant (a "special warrant") by 12 phone, fax, radio or another form of communication if the inspector 13 considers it necessary because of-- 14 (a) urgent circumstances; or 15 (b) other special circumstances, including, for example, the 16 inspector's remote location. 17 (2) Before applying for the warrant, the inspector must prepare an 18 application stating the grounds on which the warrant is sought. 19 (3) The inspector may apply for the warrant before the application is 20 sworn. 21 (4) After issuing the warrant, the magistrate must immediately fax a 22 copy to the inspector if it is reasonably practicable to fax the copy. 23 (5) If it is not reasonably practicable to fax a copy to the inspector-- 24 (a) the magistrate must tell the inspector-- 25 (i) what the terms of the warrant are; and 26 (ii) the date and time the warrant was issued; and 27 (b) the inspector must complete a form of warrant (a "warrant 28 form") and write on it-- 29

 


 

s 116 79 s 116 Radiation Safety (i) the magistrate's name; and 1 (ii) the date and time the magistrate issued the warrant; and 2 (iii) the terms of the warrant. 3 (6) The facsimile warrant, or the warrant form properly completed by the 4 inspector, authorises the entry and the exercise of the other powers stated in 5 the warrant issued by the magistrate. 6 (7) The inspector must, at the first reasonable opportunity, send to the 7 magistrate-- 8 (a) the sworn application; and 9 (b) if the inspector completed a warrant form--the completed 10 warrant form. 11 (8) On receiving the documents, the magistrate must attach them to the 12 warrant. 13 (9) A court must find the exercise of the power by an inspector was not 14 authorised by a special warrant if-- 15 (a) an issue arises in a proceeding before the court whether the 16 exercise of the power was authorised by a special warrant; and 17 (b) the warrant is not produced in evidence; and 18 (c) it is not proved by the person relying on the lawfulness of the 19 entry that the inspector obtained the warrant. 20 before entry 21 Warrants--procedure 116.(1) This section applies if an inspector named in a warrant issued 22 under this division for a place is intending to enter the place under the 23 warrant. 24 (2) Before entering the place, the inspector must do or make a reasonable 25 attempt to do the following-- 26 (a) identify himself or herself to a person present at the place who is 27 an occupier of the place by producing a copy of the inspector's 28 notice of appointment or other document evidencing the 29 appointment; 30 (b) give the person a copy of the warrant or, if the entry is authorised 31

 


 

s 117 80 s 117 Radiation Safety by a facsimile warrant or warrant form mentioned in 1 section 115(6), a copy of the facsimile warrant or warrant form; 2 (c) tell the person the inspector is permitted by the warrant to enter 3 the place; 4 (d) give the person an opportunity to allow the inspector immediate 5 entry to the place without using force. 6 (3) However, the inspector need not comply with subsection (2) if the 7 inspector believes on reasonable grounds that immediate entry to the place 8 is required to ensure the effective execution of the warrant is not frustrated. 9 3--Powers after entry 10 Subdivision powers after entering places 11 General 117.(1) This section applies to an inspector who enters a place. 12 (2) However, if an inspector enters a place to get the occupier's consent 13 to enter a place, this section applies to the inspector only if the consent is 14 given or the entry is otherwise authorised. 15 (3) For monitoring or enforcing compliance with this Act, the inspector 16 may-- 17 (a) search any part of the place; or 18 (b) inspect, measure, test, photograph or film any part of the place or 19 anything at the place; or 20 (c) take a thing, or a sample of or from a thing, at the place for 21 analysis, measurement or testing; or 22 (d) take an extract from, or copy, a document at the place; or 23 (e) conduct recordings, measurements, tests or analyses to assess-- 24 (i) the degree of exposure of any person to radiation emitted 25 from radioactive material or a radiation apparatus; or 26 (ii) the amount of radiation emitted from radioactive material or 27 a radiation apparatus during a particular period; or 28 (iii) the levels of health risks to persons associated with a 29

 


 

s 118 81 s 118 Radiation Safety radiation practice carried out at the place; or 1 (iv) the adequacy of measures put into effect at the place to deal 2 with the risks; or 3 (f) inquire into the circumstances and probable causes of a radiation 4 hazard at the place; or 5 (g) if, because of the amount of radiation being emitted from 6 radioactive material or a radiation apparatus during a particular 7 period, the health or safety of any person at or near the place is 8 likely to be endangered-- 9 (i) require a person not to enter, or remain at or near, the place; 10 or 11 (ii) direct the actions of a person at or near the place; or 12 (h) take into or onto the place any person, equipment and materials 13 the inspector reasonably requires for exercising a power under 14 this division; or 15 (i) require the occupier of the place, or a person at the place, to give 16 the inspector reasonable help to exercise the inspector's powers 17 under paragraphs (a) to (h); or 18 (j) require the occupier of the place, or a person at the place, to give 19 the inspector information to help the inspector ascertain whether 20 this Act is being complied with. 21 (4) When making a requirement, or giving a direction, under 22 subsection (3)(g), (i) or (j), the inspector must warn the person it is an 23 offence not to comply with the requirement or direction, unless the person 24 has a reasonable excuse. 25 power after entering public place under s 111(1)(b) 26 Additional 118.(1) This section applies to an inspector who enters a public place 27 under section 111(1)(b).24 28 (2) The inspector may install and maintain any equipment and materials 29 in or at the place the inspector reasonably requires for conducting a 30 24 Section 111 (Power to enter places)

 


 

s 119 82 s 121 Radiation Safety monitoring program to assess-- 1 (a) the degree of exposure of any person to radiation emitted from 2 radioactive material or a radiation apparatus; or 3 (b) the amount of radiation emitted from radioactive material or a 4 radiation apparatus during a particular period. 5 (3) A person must not interfere with the installed equipment or materials 6 without the consent of an inspector. 7 Maximum penalty for subsection (3)--100 penalty units. 8 to comply with requirement not to enter or remain at a place 9 Failure 119. A person of whom a requirement is made, or to whom a direction 10 is given, under section 117(3)(g) must comply with the requirement or 11 direction, unless the person has a reasonable excuse. 12 Maximum penalty--50 penalty units. 13 to help inspector 14 Failure 120.(1) A person required to give reasonable help under section 117(3)(i) 15 must comply with the requirement, unless the person has a reasonable 16 excuse. 17 Maximum penalty--50 penalty units. 18 (2) If an individual is required under section 117(3)(i) to give 19 information, or produce a document (other than a document required to be 20 kept by the individual under this Act), it is a reasonable excuse for the 21 individual not to comply with the requirement that complying with the 22 requirement might tend to incriminate the individual. 23 to give information 24 Failure 121.(1) A person of whom a requirement is made under 25 section 117(3)(j) must comply with the requirement, unless the person has 26 a reasonable excuse. 27 Maximum penalty--50 penalty units. 28 (2) It is a reasonable excuse for an individual not to comply with the 29

 


 

s 122 83 s 123 Radiation Safety requirement that complying with the requirement might tend to incriminate 1 the individual. 2 4--Restrictions on exercise of powers 3 Subdivision where persons are irradiated during a diagnostic 4 Restrictions--places or therapeutic procedure 5 122. In exercising a power under subdivision 1 or 3 at a place where 6 persons are irradiated during a diagnostic or therapeutic procedure, an 7 inspector must not do anything that adversely affects-- 8 (a) the privacy of a person undergoing, or waiting to undergo, a 9 diagnostic or therapeutic procedure; or 10 (b) the result of a diagnostic or therapeutic procedure for a person. 11 of health records 12 Restrictions--inspection 123.(1) If an inspector has entered a place, without a warrant, where 13 persons are irradiated during a diagnostic or therapeutic procedure, the 14 inspector may not-- 15 (a) inspect records at the place recording the health history or 16 diagnoses of a patient of a health practitioner made in the course 17 of the practitioner's practice ("health records"); or 18 (b) photograph or film, take extracts from, or copy, the records. 19 (2) However, if an inspector has entered the place with the occupier's 20 consent under section 11225 and the occupier has also consented, in the 21 approved form, to the inspector inspecting health records or types of health 22 records at the place, the inspector may-- 23 (a) inspect the records or types of records; or 24 (b) photograph or film, take extracts from, or copy, the records or 25 types of records. 26 25 Section 112 (Consent to entry)

 


 

s 124 84 s 124 Radiation Safety 1 Example of a type of health record-- 2 Radiographs. (3) The approved form must state that if the occupier consents to the 3 inspector inspecting the records or types of records, the inspector may also 4 photograph or film, take extracts from, or copy, the records or types of 5 records. 6 5--Vehicles 7 Subdivision vehicle 8 Stopping 124.(1) This section applies if an inspector suspects on reasonable 9 grounds, or is aware, that-- 10 (a) a vehicle is being, or has been used, in relation to the commission 11 of an offence against this Act; or 12 (b) a thing in or on a vehicle may provide evidence of the 13 commission of an offence against this Act; or 14 (c) any person's health and safety may be adversely affected by 15 exposure to radiation because of the transport of radioactive 16 material in or on a vehicle. 17 (2) For the purpose of exercising the powers of an inspector under this 18 division, an inspector may-- 19 (a) if the vehicle is moving--ask or signal the person in control of 20 the vehicle to stop the vehicle; and 21 (b) whether or not the vehicle is moving--ask or signal the person in 22 control of the vehicle to bring the vehicle to a convenient place 23 within a reasonable distance to allow the inspector to exercise the 24 inspector's powers under this division. 25 (3) Despite section 110,26 for the purpose of exercising a power under 26 subsection (2)(a), the inspector must-- 27 (a) have with him or her the inspector's identity card; and 28 26 Section 110 (Production or display of inspector's identity card)

 


 

s 125 85 s 126 Radiation Safety (b) produce the identity card for the person's inspection immediately 1 after the vehicle is stopped. 2 (4) The person must comply with the inspector's request or signal, 3 unless the person has a reasonable excuse. 4 Maximum penalty--50 penalty units. 5 (5) If the vehicle is stopped, the inspector may direct the person-- 6 (a) not to move the vehicle until the inspector has exercised the 7 inspector's powers under this division; or 8 (b) to move the vehicle to, and keep it at, a stated reasonable place to 9 allow the inspector to exercise the inspector's powers under this 10 division. 11 (6) When giving the direction, the inspector must warn the person it is an 12 offence not to comply with the direction, unless the person has a reasonable 13 excuse. 14 (7) The person must comply with the inspector's direction, unless the 15 person has a reasonable excuse. 16 Maximum penalty for subsection (7)--50 penalty units. 17 Subdivision 6--Power to seize evidence and dangerous things 18 evidence at a place that may be entered without consent or 19 Seizing warrant 20 125. An inspector who enters a place that may be entered under this 21 division without the consent of the occupier and without a warrant, may 22 seize a thing at the place if the inspector reasonably believes the thing is 23 evidence of an offence against this Act. 24 evidence at a place that may only be entered with consent or 25 Seizing warrant 26 126.(1) This section applies if-- 27 (a) an inspector is authorised to enter a place under this division only 28 with the consent of the occupier or a warrant; and 29

 


 

s 127 86 s 127 Radiation Safety (b) the inspector enters the place after obtaining the necessary consent 1 or warrant. 2 (2) If the inspector enters the place with the occupier's consent, the 3 inspector may seize a thing at the place if-- 4 (a) the inspector reasonably believes the thing is evidence of an 5 offence against this Act; and 6 (b) seizure of the thing is consistent with the purpose of entry as told 7 to the occupier when asking for the occupier's consent. 8 (3) However, if an inspector has entered a place, without a warrant, 9 where persons are irradiated during a diagnostic or therapeutic procedure, 10 the inspector may not seize health records at the place. 11 (4) If the inspector enters the place with a warrant, the inspector may 12 seize the evidence for which the warrant was issued. 13 (5) The inspector also may seize anything else at the place if the inspector 14 reasonably believes-- 15 (a) the thing is evidence of an offence against this Act; and 16 (b) the seizure is necessary to prevent the thing being-- 17 (i) hidden, lost or destroyed; or 18 (ii) used to continue, or repeat, the offence. 19 (6) Also, the inspector may seize a thing at the place if the inspector 20 reasonably believes it has just been used in committing an offence against 21 this Act. 22 power to seize dangerous things 23 Inspector's 127.(1) This section applies if-- 24 (a) an inspector enters a place under this division and finds a thing 25 the inspector reasonably believes-- 26 (i) is the cause of a radiation hazard at the place; or 27 (ii) is likely to cause a radiation hazard at the place; and 28 (b) the inspector reasonably believes the radiation hazard can not be 29 managed in a way to ensure no person will receive a radiation 30

 


 

s 128 87 s 129 Radiation Safety dose from the thing higher than the radiation dose limit prescribed 1 under a regulation. 2 (2) The inspector may seize the thing. 3 of requirement for possession licence or transport licence 4 Waiver 128.(1) This section applies if-- 5 (a) an inspector seizes a thing under section 125, 126 or 127; and 6 (b) the thing is a radiation source. 7 (2) The inspector is not required to have-- 8 (a) an approval to acquire to obtain possession of the thing; or 9 (b) a possession licence for the thing while it is in the possession of 10 the inspector; or 11 (c) if the thing is a radioactive substance--a transport licence for the 12 transport of the thing. 13 seized things 14 Securing 129. Having seized a thing, an inspector may-- 15 (a) move the thing from the place where it was seized (the "place of 16 seizure"); or 17 (b) leave the thing at the place of seizure but take reasonable steps to 18 restrict access to it; or 19 (c) if the thing is equipment--make it inoperable. 20 21 Examples of restricting access to a thing-- 22 1. Sealing a thing and marking it to show access to it is restricted. 23 2. Sealing the entrance to a room where the seized thing is situated and marking 24 it to show access to it is restricted. 25 Example of making equipment inoperable-- 26 Dismantling equipment or removing a component of equipment without which the 27 equipment is not capable of being used.

 


 

s 130 88 s 131 Radiation Safety with seized things 1 Tampering 130.(1) If an inspector restricts access to a seized thing, a person must 2 not tamper, or attempt to tamper, with the thing, or something restricting 3 access to the thing, without an inspector's approval. 4 Maximum penalty--100 penalty units. 5 (2) If an inspector makes seized equipment inoperable, a person must not 6 tamper, or attempt to tamper, with the equipment, without an inspector's 7 approval. 8 Maximum penalty--100 penalty units. 9 to support seizure 10 Powers 131.(1) To enable a thing to be seized, an inspector may require the 11 person in control of it-- 12 (a) to take it to a stated reasonable place by a stated reasonable time;27 13 and 14 (b) if necessary, to remain in control of it at the stated place for a 15 stated reasonable period. 16 (2) The requirement-- 17 (a) must be made by notice in the approved form; or 18 (b) if for any reason it is not practicable to give the notice, may be 19 made orally and confirmed by notice in the approved form as 20 soon as practicable. 21 (3) A further requirement may be made under this section about the thing 22 if it is necessary and reasonable to make the further requirement. 23 (4) A person of whom a requirement is made under subsection (1) or (3) 24 must comply with the requirement, unless the person has a reasonable 25 excuse. 26 Maximum penalty for subsection (4)--50 penalty units. 27 27 If the thing is a radioactive substance, a transport licence is required for its transport to the stated place.

 


 

s 132 89 s 133 Radiation Safety for seized things 1 Receipts 132.(1) As soon as practicable after an inspector seizes a thing, the 2 inspector must give a receipt for it to the person from whom it was seized. 3 (2) However, if for any reason it is not practicable to comply with 4 subsection (1), the inspector must leave the receipt at the place of seizure in 5 a conspicuous position and in a reasonably secure way. 6 (3) The receipt must describe generally each thing seized and its 7 condition. 8 (4) Also, if the thing is seized under section 127,28 the receipt must 9 state-- 10 (a) the radiation hazard identified by the inspector under 11 section 127(1)(a) at the time of seizure; and 12 (b) the thing will be forfeited to the State if its owner does not, in the 13 period of 90 days after the seizure, demonstrate to the reasonable 14 satisfaction of an inspector that the radiation hazard can be 15 managed in a way that ensures no person will receive a radiation 16 dose from the thing higher than the radiation dose limit prescribed 17 under a regulation. 18 (5) This section does not apply to a thing if it is impracticable or would 19 be unreasonable to give the receipt (given the thing's nature, condition and 20 value). 21 of seized things 22 Forfeiture 133.(1) A seized thing is forfeited to the State if the inspector who seized 23 the thing-- 24 (a) can not find its owner, after making reasonable inquiries; or 25 (b) can not return it to its owner, after making reasonable efforts; or 26 (c) reasonably believes it is necessary to retain the thing to prevent it 27 being used to commit an offence against this Act. 28 (2) Also, a seized thing is forfeited to the State if-- 29 28 Section 127 (Inspector's power to seize dangerous things)

 


 

s 133 90 s 133 Radiation Safety (a) the thing was seized by an inspector under section 127;29 and 1 (b) a receipt for the thing was issued under section 132; and 2 (c) the owner of the thing does not, in the period of 90 days after the 3 seizure, demonstrate to the reasonable satisfaction of an inspector 4 that the radiation hazard stated in the receipt can be managed in a 5 way that ensures no person will receive a radiation dose from the 6 thing higher than the radiation dose limit prescribed under a 7 regulation. 8 (3) In applying subsection (1)-- 9 (a) subsection (1)(a) does not require the inspector to make inquiries 10 if it would be unreasonable to make inquiries to find the owner; 11 and 12 (b) subsection (1)(b) does not require the inspector to make efforts if 13 it would be unreasonable to make efforts to return the thing to its 14 owner. 15 16 Example for paragraph (b)-- 17 The owner of the thing has migrated to another country. (4) If the inspector makes a decision under subsection (1)(c) or (2), 18 resulting in the seized thing being forfeited to the State, the inspector must 19 immediately give the owner an information notice for the decision. 20 (5) Subsection (4) does not apply if-- 21 (a) the inspector can not find the owner, after making reasonable 22 inquiries; or 23 (b) it is impracticable or would be unreasonable to give the notice. 24 (6) Regard must be had to a thing's nature, condition and value-- 25 (a) in deciding-- 26 (i) whether it is reasonable to make inquiries or efforts; and 27 (ii) if making inquiries or efforts--what inquiries or efforts are 28 reasonable; or 29 29 Section 127 (Inspector's power to seize dangerous things)

 


 

s 134 91 s 136 Radiation Safety (b) in deciding whether it would be unreasonable to give notice about 1 a thing. 2 on conviction 3 Forfeiture 134.(1) On the conviction of a person for an offence against this Act, the 4 court may order the forfeiture to the State of-- 5 (a) anything used to commit the offence; or 6 (b) anything else the subject of the offence. 7 (2) The court may make the order-- 8 (a) whether or not the thing has been seized; or 9 (b) if the thing has been seized--whether or not the thing has been 10 returned to its owner. 11 (3) The court may make any order to enforce the forfeiture it considers 12 appropriate. 13 (4) This section does not limit the court's powers under the Penalties 14 and Sentences Act 1992 or another law. 15 forfeited thing is a radiation source 16 When 135.(1) This section applies if-- 17 (a) a thing is forfeited to the State; and 18 (b) the thing is a radiation source. 19 (2) The State does not contravene a provision of this Act merely because 20 it obtains possession or possesses the thing. 21 with forfeited things etc. 22 Dealing 136.(1) On the forfeiture of a thing to the State, the thing becomes the 23 State's property and may be dealt with by the chief executive as the chief 24 executive considers appropriate. 25 (2) Without limiting subsection (1), the chief executive may destroy or 26 dispose of the thing. 27

 


 

s 137 92 s 137 Radiation Safety (3) For subsection (2), if the thing is a radioactive substance, the chief 1 executive must have regard to the matters stated in section 58(c), (d) 2 and (f)30 in deciding how to exercise a power under the subsection. 3 (4) Despite subsection (1), the chief executive must not deal with the 4 thing in a way that could prejudice the outcome of-- 5 (a) a review applied for under section 184(1)31 or appeal started under 6 section 190(2);32 or 7 (b) another review applied for, or appeal started, under part 1033 of 8 which the chief executive is aware. 9 of seized things 10 Return 137.(1) If a thing seized under section 12734 is not forfeited under 11 section 133(2),35 the inspector must return it to its owner at the end of the 12 period of 90 days after the seizure. 13 (2) If another seized thing is not forfeited, the inspector must return it to 14 its owner-- 15 (a) at the end of 6 months; or 16 (b) if a proceeding for an offence involving the thing is started within 17 6 months--at the end of the proceeding and any appeal from the 18 proceeding. 19 (3) Despite subsection (2), unless the thing is forfeited, the inspector 20 must immediately return a thing seized as evidence to its owner if the 21 inspector stops being satisfied its continued retention as evidence is 22 necessary. 23 30 Section 58 (Criteria for applications--approvals to dispose) 31 Section 184 (Applying for review) 32 Section 190 (Starting appeals) 33 Part 10 (Reviews and appeals) 34 Section 127 (Inspector's power to seize dangerous things) 35 Section 133 (Forfeiture of seized things)

 


 

s 138 93 s 139 Radiation Safety to seized things 1 Access 138.(1) Until a seized thing is forfeited or returned, an inspector must 2 allow its owner to inspect it and, if it is a document, to copy it. 3 (2) Subsection (1) does not apply if it is impracticable or would be 4 unreasonable to allow the inspection or copying. 5 Subdivision 7--Improvement and prohibition notices 6 notices 7 Improvement 139.(1) This section applies if an inspector reasonably believes a 8 person-- 9 (a) is contravening a provision of this Act; or 10 (b) has contravened a provision of this Act in circumstances that 11 make it likely the contravention will continue or be repeated. 12 (2) The inspector may, by written notice (an "improvement notice") 13 given to the person, require the person to remedy-- 14 (a) the contravention or likely contravention; or 15 (b) the things or operations causing the contravention or likely 16 contravention. 17 (3) The improvement notice must state-- 18 (a) that the inspector believes the person-- 19 (i) is contravening a provision of this Act; or 20 (ii) has contravened a provision of this Act in circumstances that 21 make it likely that the contravention will continue or be 22 repeated; and 23 (b) the provision the inspector believes is being, or has been, 24 contravened; and 25 (c) briefly, how the provision is being, or has been, contravened; and 26 (d) the reasonable steps the person must take to remedy the 27 contravention or likely contravention; and 28 (e) that the person must take the steps within a stated reasonable 29

 


 

s 140 94 s 140 Radiation Safety period. 1 (4) The person must comply with the notice, unless the person has a 2 reasonable excuse. 3 Maximum penalty for subsection (4)--100 penalty units. 4 notices 5 Prohibition 140.(1) This section applies if an inspector reasonably believes that 6 circumstances causing, or likely to cause, immediate health risks to any 7 person have arisen, or are likely to arise, in relation to the carrying out of a 8 radiation practice. 9 (2) The inspector may, by written notice (a "prohibition notice") given 10 to the person carrying out, or in charge of carrying out, the practice, direct 11 the person to stop carrying out the practice or allowing it to be carried out. 12 (3) The prohibition notice must state the following-- 13 (a) that the inspector believes that circumstances causing, or likely to 14 cause, immediate health risks to any person have arisen, or are 15 likely to arise, in relation to the carrying out of the practice; 16 (b) the reasons for the belief; 17 (c) if the inspector believes the circumstances involve a 18 contravention, or likely contravention, of this Act--the provision 19 contravened or likely to be contravened. 20 (4) The notice may impose any reasonable requirements in relation to the 21 person stopping-- 22 (a) the carrying out of the practice; or 23 (b) the practice being allowed to be carried out. 24 (5) Despite subsection (2), the notice may be oral if the inspector 25 considers on reasonable grounds that it is not practicable to give a written 26 notice. 27 (6) If the notice is given orally, it ceases to have effect on the expiration 28 of 72 hours from the time it was given, unless, before the expiration of the 29 72 hours, it is confirmed by a written notice given by the inspector to the 30 person. 31

 


 

s 141 95 s 142 Radiation Safety (7) The person must comply with the notice, unless the person has a 1 reasonable excuse. 2 Maximum penalty--200 penalty units. 3 (8) For this section, a person is "in charge" of carrying out a radiation 4 practice if the person has, or reasonably appears to have, authority to direct 5 the carrying out of the practice. 6 to secure compliance with notices 7 Orders 141.(1) This section applies if the chief executive considers a person to 8 whom an inspector has issued an improvement or prohibition notice has not 9 complied with the notice. 10 (2) The chief executive may make application to the District Court for an 11 order that the person comply with the notice. 12 (3) The court may make the order sought or any other order it considers 13 appropriate in the circumstances. 14 (4) The person must comply with the court's order, unless the person 15 has a reasonable excuse. 16 Maximum penalty--500 penalty units. 17 (5) Subsection (4) does not limit any other liability a person may incur 18 for a contravention of the order. 19 8--Power to obtain information 20 Subdivision to require name and address 21 Power 142.(1) This section applies if-- 22 (a) an inspector finds a person committing an offence against this 23 Act; or 24 (b) an inspector finds a person in circumstances that lead, or has 25 information about a person that leads, the inspector to reasonably 26 suspect the person has just committed an offence against this Act. 27 (2) The inspector may require the person to state the person's name and 28 residential address. 29

 


 

s 143 96 s 144 Radiation Safety (3) When making the requirement, the inspector must warn the person it 1 is an offence to fail to state the person's name or residential address, unless 2 the person has a reasonable excuse. 3 (4) The inspector may require the person to give evidence of the 4 correctness of the stated name or residential address if the inspector 5 reasonably suspects the stated name or address is false. 6 (5) A requirement under subsection (2) or (4) is called a "personal 7 particulars requirement". 8 to give name or address 9 Failure 143.(1) A person of whom a personal particulars requirement is made 10 must comply with the requirement, unless the person has a reasonable 11 excuse. 12 Maximum penalty--50 penalty units. 13 (2) A person does not commit an offence against subsection (1) if-- 14 (a) the person was required to state the person's name and residential 15 address by an inspector who suspected the person had committed 16 an offence against this Act; and 17 (b) the person is not proved to have committed the offence. 18 to require production of documents 19 Power 144.(1) An inspector may require a person to make available for 20 inspection by an inspector, or produce to the inspector for inspection, at a 21 reasonable time and place nominated by the inspector-- 22 (a) a document issued to the person under this Act; or 23 (b) a document required to be kept by the person under this Act. 24 (2) The inspector may keep the document to copy it. 25 (3) If the inspector copies a document mentioned in subsection (1)(b), or 26 an entry in the document, the inspector may require the person responsible 27 for keeping the document to certify the copy as a true copy of the document 28 or entry. 29 (4) The inspector must return the document to the person as soon as 30

 


 

s 145 97 s 147 Radiation Safety practicable after copying it. 1 (5) However, if a requirement (a "document certification 2 requirement") is made of a person under subsection (3), the inspector may 3 keep the document until the person complies with the requirement. 4 (6) A requirement under subsection (1) is called a "document 5 production requirement". 6 to produce document 7 Failure 145.(1) A person of whom a document production requirement is made 8 must comply with the requirement, unless the person has a reasonable 9 excuse. 10 Maximum penalty--50 penalty units. 11 (2) It is a reasonable excuse for an individual not to comply with a 12 document production requirement that complying with the requirement 13 might tend to incriminate the individual. 14 to certify copy of document 15 Failure 146. A person of whom a document certification requirement is made 16 must comply with the requirement, unless the person has a reasonable 17 excuse. 18 Maximum penalty--50 penalty units. 19 to require information 20 Power 147.(1) This section applies if an inspector reasonably believes-- 21 (a) an offence against this Act has been committed; and 22 (b) a person may be able to give information about the offence. 23 (2) The inspector may, by written notice given to the person, require the 24 person to give information about the offence to the inspector at a stated 25 reasonable time and place. 26 (3) The person must comply with a requirement under subsection (2), 27 unless the person has a reasonable excuse. 28

 


 

s 148 98 s 148 Radiation Safety Maximum penalty--50 penalty units. 1 (4) It is a reasonable excuse for an individual to fail to give information if 2 giving the information might tend to incriminate the individual. 3 Subdivision 9--Emergency powers of inspectors 4 powers 5 Emergency 148.(1) This section applies if an inspector is satisfied on reasonable 6 grounds-- 7 (a) there is at a place a radiation source; and 8 (b) it is necessary to exercise powers under this section-- 9 (i) to avoid or minimise an imminent risk of death of, serious 10 illness of, or serious injury to, any person from radiation 11 emitted from the source; or 12 (ii) to avoid imminent serious environmental harm from the 13 source. 14 (2) The inspector may, without a warrant or the consent of the occupier 15 of the place, enter the place. 16 (3) Also, the inspector may in relation to the source-- 17 (a) direct a person at the place to take stated reasonable steps within a 18 stated reasonable period in relation to the source;36 or 19 (b) take the reasonable steps; or 20 (c) authorise another person to take the reasonable steps. 21 (4) The direction may be given orally or by written notice. 22 (5) However, if the direction is given orally, the inspector must as soon 23 as practicable confirm the direction by written notice given to the person. 24 (6) When giving a direction under subsection (3)(a), the inspector must 25 warn the person it is an offence not to comply with the direction, unless the 26 36 A person who fails to comply with the direction contravenes section 149, unless the person has a reasonable excuse.

 


 

s 149 99 s 150 Radiation Safety person has a reasonable excuse. 1 (7) If the inspector takes the steps, the inspector may also exercise any of 2 the powers of an inspector under this division. 3 (8) The inspector may exercise the powers mentioned in subsections (2), 4 (3)(b) and (7) (the "emergency powers") with the help, and using the 5 force, that is necessary and reasonable in the circumstances. 6 (9) In exercising or attempting to exercise emergency powers, an 7 inspector must take all reasonable steps to ensure the inspector causes as 8 little inconvenience to any person at the place, and does as little damage, as 9 is practicable in the circumstances. 10 (10) This section does not limit any power an inspector has apart from 11 this section. 12 (11) If an inspector authorises a person to take steps under 13 subsection (3)(c)-- 14 (a) the person may exercise the powers mentioned in subsection (7); 15 and 16 (b) the inspector must inform the person-- 17 (i) of the steps the person is authorised to take; and 18 (ii) of the person's powers under this section. 19 to comply with authorised person's direction in emergency 20 Failure 149. A person to whom a direction is given under section 148(3)(a) must 21 comply with the direction, unless the person has a reasonable excuse. 22 Maximum penalty--100 penalty units. 23 Division 4--General enforcement matters 24 of damage 25 Notice 150.(1) This section applies if-- 26 (a) an inspector damages property when exercising or purporting to 27 exercise a power; or 28

 


 

s 151 100 s 151 Radiation Safety (b) a person (the "other person") acting under the direction or 1 authority of an inspector damages property. 2 (2) The inspector must immediately give written notice of particulars of 3 the damage to the person who appears to the inspector to be the owner of 4 the property. 5 (3) If the inspector believes the damage was caused by a latent defect in 6 the property or circumstances beyond the inspector's or other person's 7 control, the inspector may state the belief in the notice. 8 (4) If, for any reason, it is impracticable to comply with subsection (2), 9 the inspector must leave the notice in a conspicuous position and in a 10 reasonably secure way where the damage happened. 11 (5) This section does not apply to damage the inspector reasonably 12 believes is trivial. 13 (6) In this section-- 14 "owner", of property, includes the person in possession or control of it. 15 16 Compensation 151.(1) A person may claim compensation from the State if the person 17 incurs loss or expense because of the exercise or purported exercise of a 18 power under any of the following subdivisions of division 337-- 19 subdivision 1 (Entry of places) 20 subdivision 3 (Powers after entry) 21 subdivision 5 (Vehicles) 22 subdivision 6 (Power to seize evidence and dangerous things) 23 subdivision 9 (Emergency powers of inspectors). 24 (2) Without limiting subsection (1), compensation may be claimed for 25 loss or expense incurred in complying with a requirement made of the 26 person under the subdivision. 27 (3) Compensation may be claimed and ordered to be paid in a 28 proceeding-- 29 37 Division 3 (Powers of inspectors)

 


 

s 152 101 s 154 Radiation Safety (a) brought in a court with jurisdiction for the recovery of the amount 1 of compensation claimed; or 2 (b) for an offence against this Act brought against the person 3 claiming compensation. 4 (4) A court may order compensation to be paid only if it is satisfied it is 5 just to make the order in the circumstances of the particular case. 6 (5) A regulation may prescribe matters that may, or must, be taken into 7 account by the court when considering whether it is just to make the order. 8 or misleading statements 9 False 152. A person must not state anything to an inspector the person knows 10 is false or misleading in a material particular. 11 Maximum penalty--50 penalty units. 12 misleading or incomplete documents 13 False, 153.(1) A person must not give an inspector a document containing 14 information the person knows is false or misleading in a material particular. 15 Maximum penalty--50 penalty units. 16 (2) Subsection (1) does not apply to a person if the person, when giving 17 the document-- 18 (a) tells the inspector, to the best of the person's ability, how it is 19 false or misleading; and 20 (b) if the person has, or can reasonably obtain, the correct 21 information--gives the correct information. 22 inspectors 23 Obstructing 154.(1) A person must not obstruct an inspector in the exercise of a 24 power, unless the person has a reasonable excuse. 25 Maximum penalty--100 penalty units. 26 (2) If a person has obstructed an inspector and the inspector decides to 27 proceed with the exercise of the power, the inspector must warn the person 28

 


 

s 155 102 s 157 Radiation Safety that-- 1 (a) it is an offence to obstruct the inspector, unless the person has a 2 reasonable excuse; and 3 (b) the inspector considers the person's conduct is an obstruction. 4 (3) In this section-- 5 "obstruct" includes hinder and attempt to obstruct or hinder. 6 of inspectors 7 Impersonation 155. A person must not pretend to be an inspector. 8 Maximum penalty--50 penalty units. 9 Division 5--State radiation analysts 10 of State radiation analysts 11 Functions 156. A State radiation analyst has the following functions-- 12 (a) certifying the concentration or activity of a radionuclide in 13 radioactive material; 14 (b) certifying that radioactive material is a radioactive substance; 15 (c) certifying that an apparatus is a radiation apparatus; 16 (d) certifying the results of analyses, measurements or tests 17 conducted by or on behalf of the State radiation analyst-- 18 (i) to decide the type, concentration or activity of a radionuclide 19 present in a thing or a sample of, or from, a thing; or 20 (ii) to decide the type, and energy spectrum, of the radiation 21 being emitted, and the rate at which the radiation is being 22 emitted, from a radiation apparatus or radioactive material. 23 of State radiation analysts 24 Appointment 157.(1) The chief executive may appoint a person as a State radiation 25 analyst. 26

 


 

s 158 103 s 159 Radiation Safety (2) The chief executive may appoint a person as a State radiation analyst 1 only if the chief executive considers the person has the necessary expertise 2 or experience to be a State radiation analyst. 3 radiation analyst's appointment conditions 4 State 158.(1) A State radiation analyst holds office on the conditions stated in 5 the instrument of appointment. 6 (2) A State radiation analyst ceases holding office-- 7 (a) if the appointment provides for a term of appointment--at the end 8 of the term; or 9 (b) if the conditions of appointment provide--on ceasing to hold 10 another office stated in the appointment conditions (the "main 11 office"). 12 (3) A State radiation analyst may resign by signed notice of resignation 13 given to the chief executive. 14 (4) However, a State radiation analyst who is a health service employee 15 or public service officer may not resign from the office of State radiation 16 analyst (the "secondary office") if a condition of the State radiation 17 analyst's employment to the main office requires the State radiation analyst 18 to hold the secondary office. 19 tests and analyses 20 Measurements, 159.(1) If an inspector who takes a thing or sample of or from a thing at 21 a place under section 117(3)(c)38 is not also a State radiation analyst, the 22 inspector must, as soon as practicable, give it to a State radiation analyst for 23 analysis, measurement or testing. 24 (2) The State radiation analyst must, as soon as practicable, complete a 25 certificate of analysis, measurement or testing for the thing or sample and 26 give the certificate to the inspector. 27 (3) If an inspector who takes a thing or sample of or from a thing at a 28 place under section 117(3)(c) is also a State radiation analyst, the inspector 29 38 Section 117 (General powers after entering places)

 


 

s 160 104 s 162 Radiation Safety must, as soon as practicable, complete a certificate of analysis, 1 measurement or testing for the thing or sample. 2 must indicate methodology used 3 Certificates 160. The certificate of analysis, measurement or testing must include 4 information about the methodology used to conduct the analysis, 5 measurement or testing. 6 ART 9--RADIATION ADVISORY COUNCIL 7 P Division 1--Establishment and functions 8 of council 9 Establishment 161. The Radiation Advisory Council is established. 10 of council 11 Functions 162.(1) The council has the following functions-- 12 (a) examining, and making recommendations to the Minister about, 13 the following-- 14 (i) the operation and application of this Act; 15 (ii) proposed amendments of this Act; 16 (iii) radiation safety standards; 17 (iv) issues relating to radiation; 18 (v) research into radiation practices carried out, and the transport 19 of radioactive materials, in the State; 20 (b) advising the chief executive about the merits of an application for 21 review of an original decision made under section 18339 referred 22 39 Section 183 (Who may apply for review)

 


 

s 163 105 s 165 Radiation Safety to it by the chief executive under section 185;40 1 (c) overseeing the operation of the council's committees. 2 (2) If asked by the Minister, the council must give the Minister a written 3 report about the performance of its functions. 4 Division 2--Membership 5 of council 6 Membership 163.(1) The council consists of at least 8, but not more than 15, 7 members, made up of-- 8 (a) the chief health officer; and 9 (b) at least 6, but not more than 13, persons (the "appointed 10 members") who have experience in, or knowledge of-- 11 (i) the carrying out of radiation practices; or 12 (ii) the transportation of radioactive material; or 13 (iii) ways of preventing or minimising health risks to any 14 person, in so far as exposure to radiation is concerned; and 15 (c) at least 1 representative from the community (also an "appointed 16 member"). 17 (2) The appointed members are to be appointed by the Minister. 18 of appointment for appointed members 19 Term 164. An appointed member is to be appointed for a term of not more 20 than 3 years. 21 and deputy chairperson of council 22 Chairperson 165.(1) The Minister is to appoint an appointed member to be the 23 chairperson, and another appointed member to be the deputy chairperson, of 24 the council. 25 40 Section 185 (Referral of application for review to council for advice)

 


 

s 166 106 s 168 Radiation Safety (2) The chairperson or deputy chairperson holds office for the term 1 decided by the Minister (the "chairperson's term"), unless the person's 2 term of office as a member ends sooner than the chairperson's term. 3 (3) A vacancy occurs in the office of chairperson or deputy chairperson if 4 the person holding the office resigns the office by signed notice of 5 resignation given to the Minister or ceases to be an appointed member. 6 (4) However, a person resigning the office of chairperson or deputy 7 chairperson may continue to be a member. 8 from membership 9 Disqualification 166.(1) A person can not become, or continue as, an appointed member 10 if the person-- 11 (a) is affected by bankruptcy action; or 12 (b) is convicted of an offence against this Act. 13 (2) For subsection (1)(a), a person is affected by bankruptcy action if the 14 person-- 15 (a) is bankrupt; or 16 (b) has compounded with creditors; or 17 (c) has otherwise taken, or applied to take, advantage of any law 18 about bankruptcy. 19 of office 20 Vacation 167. An appointed member is taken to have vacated office if the 21 member-- 22 (a) resigns by signed notice of resignation given to the Minister; or 23 (b) can not continue as an appointed member under section 166. 24 notice of resignation takes effect 25 When 168. A notice of resignation under section 165(3) or 167(a) takes effect 26 when the notice is given to the Minister or, if a later time is stated in the 27 notice, the later time. 28

 


 

s 169 107 s 173 Radiation Safety of members 1 Remuneration 169. A member is entitled to be paid the fees and allowances decided by 2 the Governor in Council. 3 Division 3--Council business 4 onduct of business 5 C 170. Subject to this division, the council may conduct its business, 6 including its meetings, in the way it considers appropriate. 7 and place of meetings 8 Time 171.(1) Council meetings are to be held at the times and places the 9 chairperson decides. 10 (2) However, the chairperson must call a meeting if asked, in writing, to 11 do so by the Minister or at least the number of members forming a quorum 12 for the council. 13 (3) If the office of chairperson is vacant, subsections (1) and (2) apply in 14 relation to the deputy chairperson as though he or she were the chairperson. 15 uorum 16 Q 172. A quorum for the council is the number equal to one-half of the 17 number of its members or, if one-half is not a whole number, the next 18 highest whole number. 19 at meetings 20 Presiding 173.(1) The chairperson is to preside at all meetings of the council at 21 which the chairperson is present. 22 (2) If the chairperson is not present at a meeting of the council, but the 23 deputy chairperson is present, the deputy chairperson is to preside. 24 (3) If the chairperson and deputy chairperson are both absent from a 25

 


 

s 174 108 s 176 Radiation Safety meeting of the council or the offices are vacant, a member chosen by the 1 members present is to preside. 2 of meetings 3 Conduct 174.(1) A question at a council meeting is decided by a majority of the 4 votes of the members present. 5 (2) Each member present at the meeting has a vote on each question to 6 be decided and, if the votes are equal, the member presiding also has a 7 casting vote. 8 (3) A member present at the meeting who abstains from voting is taken 9 to have voted for the negative. 10 (4) The council may hold meetings, or allow members to take part in its 11 meetings, by using any technology allowing reasonably contemporaneous 12 and continuous communication between members taking part in the 13 meeting. 14 (5) A member who takes part in a council meeting under subsection (4) 15 is taken to be present at the meeting. 16 (6) A resolution is validly made by the council, even if it is not passed at 17 a council meeting, if-- 18 (a) a majority of the council members gives written agreement to the 19 resolution; and 20 (b) notice of the resolution is given under procedures approved by the 21 council. 22 inutes 23 M 175. The council must keep minutes of its meetings. 24 of interests by council members 25 Disclosure 176.(1) This section applies to a member (the "interested member") 26 if-- 27 (a) the interested member has a direct or indirect financial interest in 28 an issue being considered, or about to be considered, by the 29

 


 

s 176 109 s 176 Radiation Safety council; and 1 (b) the interest could conflict with the proper performance of the 2 member's duties about the consideration of the issue. 3 (2) As soon as practicable after the relevant facts come to the interested 4 member's knowledge, the member must disclose the nature of the interest 5 to a council meeting. 6 (3) Unless the council otherwise directs, the interested member must 7 not-- 8 (a) be present when the council considers the issue; or 9 (b) take part in a decision of the council about the issue. 10 (4) The interested member must not be present when the council is 11 considering whether to give a direction under subsection (3). 12 (5) If there is another member who must, under subsection (2), also 13 disclose an interest in the issue, the other member must not-- 14 (a) be present when the council is considering whether to give a 15 direction under subsection (3) about the interested member; or 16 (b) take part in making the decision about giving the direction. 17 (6) If-- 18 (a) because of this section, a member is not present at a council 19 meeting for considering or deciding an issue, or for considering 20 or deciding whether to give a direction under subsection (3); and 21 (b) there would be a quorum if the member were present, 22 the remaining members present are a quorum of the council for considering 23 or deciding the issue, or for considering or deciding whether to give the 24 direction, at the meeting. 25 (7) A disclosure under subsection (2) must be recorded in the council's 26 minutes. 27

 


 

s 177 110 s 180 Radiation Safety Division 4--Council committees 1 2 Committees 177.(1) The council may establish committees of the council for 3 effectively and efficiently performing its functions. 4 (2) The council may appoint persons to be members of a committee. 5 (3) At least 1 of the members of a committee must be a council member. 6 (4) The council is to decide the terms of reference of a committee. 7 (5) The function of a committee is to advise and make recommendations 8 to the council about matters, within the scope of the council's functions, 9 referred by the council to the committee. 10 (6) The council may decide matters about a committee that are not 11 provided for under this Act, including, for example, the way a committee 12 must conduct meetings. 13 of committee members 14 Remuneration 178. A committee member is entitled to be paid the fees and allowances 15 decided by the Governor in Council. 16 Division 5--Other provisions about the council 17 support for council 18 Administrative 179. The chief executive must ensure the council has the administrative 19 support services reasonably required for the council to carry out its 20 functions effectively and efficiently. 21 information to council 22 Giving 180.(1) This section applies if-- 23 (a) the council asks the chief executive for information the council 24 reasonably believes it needs to perform its functions; and 25 (b) the information is available to the chief executive; and 26

 


 

s 181 111 s 183 Radiation Safety (c) the chief executive may give the information to the council 1 without contravening a provision of another Act. 2 (2) The chief executive must give the information to the council as soon 3 as practicable. 4 report 5 Annual 181.(1) As soon as practicable after the end of each financial year, the 6 council must give the Minister a written report about the performance of its 7 functions during the year. 8 (2) The Minister may publish the report in the way the Minister 9 considers appropriate. 10 ART 10--REVIEWS AND APPEALS 11 P 1--Internal review of decisions 12 Division process starts with internal review 13 Appeal 182.(1) Subject to this division, a person who is given, or is entitled to be 14 given, an information notice for a decision (the "original decision") may 15 appeal against the decision under this part. 16 (2) The appeal must be, in the first instance, by way of an application for 17 internal review under section 183. 18 (3) To help users of this Act, schedule 1 identifies the decisions for 19 which an information notice must be given under this Act. 20 for review to be made to the chief executive 21 Application 183. The person may apply to the chief executive for a review of the 22 original decision. 23

 


 

s 184 112 s 186 Radiation Safety for review 1 Applying 184.(1) The application must be made within 28 days after-- 2 (a) if the person is given an information notice for the decision--the 3 day the person is given the information notice; or 4 (b) if paragraph (a) does not apply--the day the person otherwise 5 becomes aware of the decision. 6 (2) The chief executive may, at any time, extend the time for applying for 7 the review. 8 (3) The application must be in writing and state fully the grounds of the 9 application. 10 of application for review to council for advice 11 Referral 185. The chief executive must refer the application to the council for its 12 advice as to the merits of the application. 13 decision 14 Review 186.(1) After reviewing the original decision, the chief executive must 15 make a further decision (the "review decision") to-- 16 (a) confirm the original decision; or 17 (b) amend the original decision; or 18 (c) substitute another decision for the original decision. 19 (2) The chief executive must immediately give the applicant written 20 notice of the review decision (the "review notice"). 21 (3) If the review decision is not the decision sought by the applicant, the 22 review notice must also state-- 23 (a) the reasons for the review decision; and 24 (b) that the applicant may appeal against the review decision to the 25 District Court within 28 days after the person is given the notice; 26 and 27 (c) how to appeal; and 28 (d) that the applicant may apply to the court for a stay of the review 29

 


 

s 187 113 s 188 Radiation Safety decision. 1 (4) If the chief executive does not give the notice within 60 days after the 2 application is made, the chief executive is taken to have made a review 3 decision confirming the original decision. 4 (5) If the review decision confirms the original decision, for the purpose 5 of an appeal to the court, the original decision is taken to be the review 6 decision. 7 (6) If the review decision amends the original decision, for the purpose 8 of an appeal to the court, the original decision as amended is taken to be the 9 review decision. 10 of operation of decision 11 Stay 187.(1) If an application is made for review of an original decision, the 12 applicant may immediately apply to the District Court for a stay of the 13 decision. 14 (2) The court may stay the decision to secure the effectiveness of the 15 review and any later appeal to the court. 16 (3) The stay-- 17 (a) may be given on conditions the court considers appropriate; and 18 (b) operates for the period fixed by the court; and 19 (c) may be revoked or amended by the court. 20 (4) The period of the stay must not extend past the time when the chief 21 executive makes a review decision about the original decision and any later 22 period the court allows the applicant to enable the applicant to appeal against 23 the review decision. 24 (5) The application affects the decision, or carrying out of the decision, 25 only if the decision is stayed. 26 Division 2--Appeals 27 may appeal 28 Who 188. A person who has applied for the review of an original decision 29

 


 

s 189 114 s 191 Radiation Safety under division 1 and is dissatisfied with the review decision may appeal to 1 the District Court against the review decision. 2 to which appeal may be made 3 Court 189. The appeal may be made to-- 4 (a) the District Court for the district in which the person resides or 5 carries on business; or 6 (b) the District Court at Brisbane. 7 appeals 8 Starting 190.(1) The appeal is started by-- 9 (a) filing a written notice of appeal with the court; and 10 (b) serving a copy of the notice on the chief executive. 11 (2) The notice of appeal must be filed within 28 days after-- 12 (a) if the person is given a review notice for the review decision--the 13 day the person is given the notice; or 14 (b) if paragraph (a) does not apply--the day the person otherwise 15 becomes aware of the review decision. 16 (3) The court may, at any time, extend the period for filing the notice of 17 appeal. 18 (4) The notice of appeal must state fully the grounds of the appeal. 19 of operation of decisions 20 Stay 191.(1) The court may grant a stay of the operation of the review 21 decision to secure the effectiveness of the appeal. 22 (2) The stay-- 23 (a) may be given on conditions the court considers appropriate; and 24 (b) operates for the period fixed by the court; and 25 (c) may be revoked or amended by the court. 26

 


 

s 192 115 s 194 Radiation Safety (3) The period of the stay must not extend past the time when the court 1 decides the appeal. 2 (4) The appeal affects the decision, or carrying out of the decision, only if 3 the decision is stayed. 4 procedures 5 Hearing 192.(1) In deciding the appeal, the court-- 6 (a) has the same powers as the chief executive; and 7 (b) is not bound by the rules of evidence; and 8 (c) must comply with natural justice. 9 (2) The appeal is by way of re-hearing. 10 of court on appeal 11 Powers 193.(1) In deciding the appeal, the court may-- 12 (a) confirm the review decision; or 13 (b) amend the review decision; or 14 (c) substitute another decision for the review decision; or 15 (d) set aside the review decision and return the issue to the chief 16 executive with the directions the court considers appropriate. 17 (2) If the court amends the review decision or substitutes another 18 decision for the review decision, the amended or substituted decision is, for 19 this Act (other than this part) taken to be the chief executive's decision. 20 to Supreme Court only on questions of law 21 Appeals 194. A person aggrieved by the court's decision may appeal to the 22 Supreme Court, but only on a question of law. 23

 


 

s 195 116 s 198 Radiation Safety ART 11--LEGAL PROCEEDINGS 1 P 1--Evidence 2 Division of division 3 Application 195. This division applies to a proceeding under this Act. 4 and authority 5 Appointments 196. It is not necessary to prove-- 6 (a) the chief executive's appointment; or 7 (b) the appointment of an inspector or State radiation analyst; or 8 (c) the authority of the chief executive, an inspector or a State 9 radiation analyst to do anything under this Act. 10 11 Signatures 197. A signature purporting to be the signature of the Minister, the chief 12 executive, an inspector or a State radiation analyst is evidence of the 13 signature it purports to be. 14 aids 15 Evidentiary 198.(1) A certificate purporting to be signed by the chief executive stating 16 any of the following matters is evidence of the matter-- 17 (a) a stated document is one of the following things made, given, 18 issued or kept under this Act-- 19 (i) an appointment, approval or decision; 20 (ii) a notice, direction or requirement; 21 (iii) a licence; 22 (iv) a record or an extract from a record; 23 (v) the register or an extract from the register; 24

 


 

s 198 117 s 198 Radiation Safety (b) a stated document is another document kept under this Act; 1 (c) a stated document is an approved radiation safety and protection 2 plan for a radiation practice for which a possession licensee 3 possesses a radiation source; 4 (d) a stated document is a copy of a thing mentioned in paragraph (a), 5 (b) or (c); 6 (e) on a stated day, or during a stated period, a stated person was or 7 was not the holder of an Act instrument; 8 (f) on a stated day, or during a stated period, an Act instrument-- 9 (i) was or was not in force; or 10 (ii) was or was not subject to a stated condition; 11 (g) on a stated day, an Act instrument was suspended or cancelled; 12 (h) on a stated day, or during a stated period, an appointment as an 13 inspector or State radiation analyst was, or was not, in force for a 14 stated person; 15 (i) on a stated day, a stated person was given a stated notice or 16 direction under this Act; 17 (j) on a stated day, a stated requirement was made of a stated person; 18 (k) a stated amount is payable under this Act by a stated person and 19 has not been paid. 20 (2) A statement in a complaint for an offence against this Act that the 21 matter of the complaint came to the knowledge of the complainant on a 22 stated day is evidence of the matter stated. 23 (3) A certificate purporting to be that of a State radiation analyst in 24 relation to a thing, or sample of or from a thing, taken by an inspector at a 25 place under section 117(3)(c)41 stating any of the following matters is 26 evidence of the matters-- 27 (a) the analyst's qualifications; 28 (b) the analyst took, or received from a stated person, the thing or 29 sample; 30 41 Section 117 (General powers after entering places)

 


 

s 199 118 s 200 Radiation Safety (c) the thing or sample was analysed, measured or tested at a stated 1 place on a stated day or during a stated period; 2 (d) the methodology used to analyse, measure or test the thing or 3 sample; 4 (e) the results of the analysis, measurement or test. 5 (4) In a proceeding in which the chief executive applies under 6 section 200 42 or 20243 to recover costs incurred by the chief executive, a 7 certificate by the chief executive stating that stated costs were incurred and 8 the way in which, and purpose for which, they were incurred is evidence of 9 the matters stated. 10 Division 2--Proceedings 11 proceedings for offences 12 Summary 199.(1) Proceedings for an offence against this Act are to be taken in a 13 summary way under the Justices Act 1886. 14 (2) The proceeding must start-- 15 (a) within 1 year after the commission of the offence; or 16 (b) within 6 months after the offence comes to the complainant's 17 knowledge, but within 2 years after the commission of the 18 offence. 19 of costs of avoiding or minimising adverse health effects 20 Recovery 200.(1) This section applies-- 21 (a) if in a proceeding for an offence against this Act-- 22 (i) the court finds the defendant caused a situation that resulted, 23 or could have resulted, in the health or safety of any person 24 being adversely affected by committing the offence; and 25 42 Section 200 (Recovery of costs of avoiding or minimising adverse health effects) 43 Section 202 (Recovery of costs of investigation)

 


 

s 201 119 s 201 Radiation Safety (ii) the chief executive applies to the court for an order against 1 the defendant for the payment of the costs the chief executive 2 has incurred in taking action to avoid or minimise the 3 adverse effect; and 4 (iii) the court finds the chief executive has reasonably incurred 5 the costs; and 6 (b) whether or not the defendant has been convicted of the offence. 7 (2) The court may order the defendant to pay the chief executive an 8 amount equal to the costs if it is satisfied it would be just to make the order 9 in the circumstances of the particular case. 10 (3) This section does not limit the court's powers under the Penalties 11 and Sentences Act 1992 or another law. 12 may order payment of compensation etc. 13 Court 201.(1) This section applies if a court convicts a person of an offence 14 against this Act. 15 (2) The court may order the person to do either or both of the 16 following-- 17 (a) pay to another person who, because of the commission of the 18 offence has suffered loss or damage to property or incurred costs 19 in avoiding or minimising, or attempting to avoid or minimise, 20 loss or damage, an amount of compensation it considers 21 appropriate for the loss or damage suffered or the costs incurred; 22 (b) pay to another person who, because of the commission of the 23 offence has incurred costs in cleaning-up radioactive 24 contamination, an amount of compensation it considers 25 appropriate for the costs incurred. 26 (3) An order under subsection (2) may be made on the application of the 27 prosecution or the person who has suffered loss or damage to property or 28 incurred costs. 29 (4) An order under subsection (2) is in addition to the imposition of a 30 penalty and any other order. 31 (5) This section does not limit the court's powers under the Penalties 32

 


 

s 202 120 s 204 Radiation Safety and Sentences Act 1992 or another law. 1 (6) In this section-- 2 "radioactive contamination" means the lodgment, attachment or 3 incorporation of radioactive material on, to or in a thing. 4 of costs of investigation 5 Recovery 202.(1) This section applies if-- 6 (a) a court convicts a person of an offence against this Act; and 7 (b) the chief executive applies to the court for an order against the 8 person for the payment of the costs the chief executive has 9 incurred in taking any thing or sample or conducting any analysis, 10 inspection, measurement or test during the investigation of the 11 offence; and 12 (c) the court finds the chief executive has reasonably incurred the 13 costs. 14 (2) The court may order the person to pay the chief executive an amount 15 equal to the costs if it is satisfied it would be just to make the order in the 16 circumstances of the particular case. 17 (3) This section does not limit the court's powers under the Penalties 18 and Sentences Act 1992 or another law. 19 for order for payment of costs or compensation under 20 Application s 200, 201 or 202 21 203.(1) An application to a court under section 200, 201 or 202 is, and 22 any order made by the court on the application is a judgment, in the court's 23 civil jurisdiction. 24 (2) Any issue on the application is to be decided on the balance of 25 probabilities. 26 for acts or omissions of representatives 27 Responsibility 204.(1) This section applies in a proceeding for an offence against this 28 Act. 29

 


 

s 205 121 s 205 Radiation Safety (2) If it is relevant to prove a person's state of mind about a particular act 1 or omission, it is enough to show-- 2 (a) the act was done or omitted to be done by a representative of the 3 person within the scope of the representative's actual or apparent 4 authority; and 5 (b) the representative had the state of mind. 6 (3) An act done or omitted to be done for a person by a representative of 7 the person within the scope of the representative's actual or apparent 8 authority is taken to have been done or omitted to be done also by the 9 person, unless the person proves the person could not, by the exercise of 10 reasonable diligence, have prevented the act or omission. 11 (4) In this section-- 12 "representative" means-- 13 (a) for a corporation--an executive officer, employee or agent of the 14 corporation; or 15 (b) for an individual--an employee or agent of the individual. 16 "state of mind" of a person includes-- 17 (a) the person's knowledge, intention, opinion, belief or purpose; and 18 (b) the person's reasons for the intention, opinion, belief or purpose. 19 officers must ensure corporation complies with Act 20 Executive 205.(1) The executive officers of a corporation must ensure the 21 corporation complies with this Act. 22 (2) If a corporation commits an offence against a provision of this Act, 23 each of the corporation's executive officers also commits an offence, 24 namely, the offence of failing to ensure the corporation complies with the 25 provision. 26 Maximum penalty--the penalty for the contravention of the provision by an 27 individual. 28 (3) Evidence that the corporation has been convicted of an offence 29 against a provision of this Act is evidence that each of the executive officers 30 committed the offence of failing to ensure the corporation complies with the 31

 


 

s 206 122 s 207 Radiation Safety provision. 1 (4) However, it is a defence for an executive officer to prove-- 2 (a) if the officer was in a position to influence the conduct of the 3 corporation in relation to the offence--the officer exercised 4 reasonable diligence to ensure the corporation complied with the 5 provision; or 6 (b) the officer was not in a position to influence the conduct of the 7 corporation in relation to the offence. 8 of false or misleading information or statements 9 Allegations 206. In any proceeding for an offence against this Act defined as 10 involving false or misleading information, or a false or misleading 11 statement, it is enough for a charge to state that the information or statement 12 was, without specifying which, `false or misleading'. 13 ART 12--REGISTER AND INFORMATION 14 P 1--Register 15 Division to be kept 16 Register 207.(1) The chief executive must keep a register about-- 17 (a) licensees; and 18 (b) accredited persons; and 19 (c) qualified persons; and 20 (d) inspectors; and 21 (e) State radiation analysts. 22 (2) The register must contain the information prescribed under a 23 regulation. 24

 


 

s 208 123 s 209 Radiation Safety (3) The register may be kept in any way the chief executive considers 1 appropriate. 2 of register 3 Inspection 208. The chief executive must-- 4 (a) keep the register open for inspection, free of charge, by members 5 of the public during office hours on business days at the 6 department's office dealing with radiation health and safety; and 7 (b) allow a person to take extracts, free of charge, from the register; 8 and 9 (c) give a person a copy of the register, or a part of it, on payment of 10 the fee prescribed under a regulation. 11 2--Information 12 Division of information 13 Confidentiality 209.(1) This section applies to-- 14 (a) a person who is, or was, the chief executive, an inspector or a 15 State radiation analyst; and 16 (b) another person who is, or was, involved in the administration of 17 this Act, including, for example, as a health service employee or 18 public service employee; and 19 (c) a member or a member of a committee. 20 (2) The person must not disclose protected information if-- 21 (a) the disclosure of the information would be likely to damage the 22 commercial activities, or adversely affect the intellectual property 23 rights, of the person to whom the information relates; or 24 (b) the information is personal health information for a person; or 25 (c) the information is personal monitoring information for a person. 26 Maximum penalty--50 penalty units. 27 (3) However, subsection (2) does not apply if-- 28

 


 

s 209 124 s 209 Radiation Safety (a) the protected information is disclosed-- 1 (i) in the performance of functions under this Act; or 2 (ii) with the written consent of the person to whom the protected 3 information relates; or 4 (iii) to the person to whom the protected information relates; or 5 (b) the protected information is otherwise publicly available; or 6 (c) the disclosure of the protected information is authorised or 7 permitted under an Act or is required by law. 8 (4) Also, subsection (2)(a) and (c) do not apply if the protected 9 information is disclosed by the chief executive to a department, the 10 Commonwealth or another State, or an entity of the Commonwealth or 11 another State, for a purpose prescribed under a regulation for this 12 subsection. 13 (5) For subsection (3)(a)(i), the giving of protected information by the 14 chief executive to the council under section 18044 is taken to be disclosed in 15 the performance by the chief executive of functions under this Act. 16 (6) The department, the Commonwealth, other State or entity that 17 receives protected information under subsection (4)-- 18 (a) must not give it to anyone else; and 19 (b) must ensure the information is used only for the purpose for 20 which it was given. 21 (7) The Health Services Act 1991, section 6345 does not apply to a person 22 to whom this section applies in relation to protected information. 23 (8) In this section-- 24 "commercial activities" means activities conducted on a commercial basis. 25 "information" includes a document. 26 "personal health information", for a person, means information about the 27 44 Section 180 (Giving information to council) 45 As a specific offence is created under subsection (2), subsection (7) provides that the more general provision in the Health Services Act 1991, section 63 (Confidentiality) does not apply.

 


 

s 210 125 s 211 Radiation Safety person's health that identifies, or is likely to identify, the person. 1 "personal monitoring information", for a person, means-- 2 (a) information contained in personal monitoring records kept for the 3 person that identifies, or is likely to identify, the person; or 4 (b) the results of assessments of personal monitoring devices worn 5 by the person that identifies, or is likely to identify, the person. 6 "protected information" means information disclosed to, or obtained by, 7 a person to whom this section applies in the course of, or because of, 8 the person's functions under this Act. 9 PART 13--MISCELLANEOUS 10 exemption for radiation source 11 Limited 210.(1) Subject to subsection (2), a regulation may exempt a radiation 12 source from this Act or a provision of this Act. 13 (2) The exemption must not be one that could reasonably be expected to 14 pose any, or more than negligible, health risks to any person. 15 officials from liability 16 Protecting 211.(1) An official is not civilly liable for an act done, or omission made, 17 honestly and without negligence under this Act. 18 (2) If subsection (1) prevents a civil liability attaching to an official, the 19 liability attaches instead to the State. 20 (3) In this section-- 21 "official" means-- 22 (a) the Minister; or 23 (b) the chief executive; or 24 (c) a State radiation analyst; or 25

 


 

s 212 126 s 215 Radiation Safety (d) an inspector; or 1 (e) a person acting under the direction or authority of an inspector. 2 of accredited person 3 Impersonation 212. A person must not pretend to be an accredited person. 4 Maximum penalty--50 penalty units. 5 on delegations 6 Limitation 213. The chief executive may not delegate the power to review an 7 original decision under part 10, division 1.46 8 of forms 9 Approval 214. The chief executive may approve forms for use under this Act. 10 power 11 Regulation-making 215.(1) The Governor in Council may make regulations under this Act. 12 (2) A regulation may be made about the following-- 13 (a) the setting of radiation dose limits; 14 (b) accreditation certificates, radiation safety officer certificates, 15 approvals or licences; 16 (c) certificates of compliance for-- 17 (i) radiation sources; or 18 (ii) premises at which radioactive substances are stored; or 19 (iii) premises at which radiation sources are used to carry out 20 radiation practices; 21 (d) the disposal of-- 22 46 Part 10 (Reviews and appeals), division 1 (Internal review of decisions) See the Public Service Act 1996, section 57 (Delegation of chief executive powers) for the chief executive's power of delegation.

 


 

s 215 127 s 215 Radiation Safety (i) radiation sources or radioactive material; or 1 (ii) containers that have been used for the transport or storage of 2 radioactive material; or 3 (iii) apparatus that once contained a sealed radioactive substance; 4 (e) the irradiation of persons for diagnostic and therapeutic purposes; 5 (f) the way in which the concentration or activity of the radionuclide 6 in radioactive material is to be decided; 7 (g) fees, including the refunding of fees, for this Act; 8 (h) the keeping of the register for this Act; 9 (i) imposing a penalty of not more than 20 penalty units for a 10 contravention of a provision of a regulation. 11 (3) For the definition "radioactive substance" in schedule 2, different 12 prescriptions of the concentration or activity of a radionuclide may be made, 13 having regard to the provision in which the term is used or is relevant. 14 15 Example for subsection (3)-- 16 A particular prescription of the concentration or activity of a radionuclide may be 17 made in relation to the term "radioactive substance" for the operation of section 14.47 (4) Subsection (3) does not limit the operation of the Statutory 18 Instruments Act 1992, sections 24 and 25.48 19 47 Section 14 (Requirement for transport licence--transport by road) 48 Statutory Instruments Act 1992, sections 24 (Statutory instrument may be of general or limited application) and 25 (Statutory instrument may make different provision for different categories)

 


 

s 216 128 s 218 Radiation Safety PART 14--REPEAL, SAVING AND TRANSITIONAL 1 PROVISIONS 2 Division 1--Repeal 3 of Radioactive Substances Act 1958 4 Repeal 216. The Radioactive Substances Act 1958 is repealed. 5 2--Saving of certain regulation 6 Division from expiry of Radioactive Substances Regulation 1961 7 Exemption 217. Despite the Statutory Instruments Act 1992, part 7, the Radioactive 8 Substances Regulation 1961 does not expire at midnight on 30 June 1999 49 9 but remains in force until the earliest of the following, when it ceases to 10 have effect-- 11 (a) the commencement of section 216; 12 (b) the end of 31 December 1999; 13 (c) the repeal or expiry of the regulation, other than under the part or 14 as mentioned in paragraph (a) or (b). 15 3--Transitional provisions 16 Division for div 3 17 Definitions 218. In this division-- 18 "column 1 licence" see section 220(1). 19 "column 2 licence" see section 220(2). 20 49 The Radioactive Substances Regulation 1961 was exempted from expiry under the Statutory Instruments Act 1992, part 7 (Staged automatic expiry of subordinate legislation), for the period ending at midnight on 30 June 1999--see the Statutory Instruments Regulation 1992, section 5.

 


 

s 219 129 s 220 Radiation Safety "commencement" means commencement of this section. 1 "deemed possession licence" means a licence to possess a radiation source 2 under the repealed Act that is taken under section 220 to be a 3 possession licence. 4 to repealed Act 5 References 219. In an Act or document, a reference to the repealed Act may, if the 6 context permits, be taken as a reference to this Act. 7 licences 8 Existing 220.(1) This section applies to a person who, immediately before the 9 commencement held, under the repealed Act, a licence mentioned in 10 column 1 of the following table (a "column 1 licence")-- 11 Table 12 column 1 column 2 licence to possess a radioactive possession licence 13 substance licence to use a radioactive use licence 14 substance licence to transport a radioactive transport licence 15 substance licence to possess an irradiating possession licence 16 apparatus licence to use an irradiating use licence 17 apparatus (2) The person is taken to be the holder of a licence mentioned in 18 column 2 of the table (a "column 2 licence") shown opposite the column 1 19 licence. 20 (3) If the column 1 licence held by the person immediately before the 21 commencement was subject to a condition, the column 2 licence the person 22 is taken to hold is taken to be subject to the condition. 23 (4) The person holds the column 2 licence until the later of the following 24

 


 

s 221 130 s 222 Radiation Safety days-- 1 (a) the day that is 3 months after the commencement; 2 (b) the day the term of the column 1 licence ends; 3 (c) if, before the later of the days mentioned in paragraphs (a) and 4 (b), the person applies to the chief executive for the same type of 5 licence and the application is successful--the day the person is 6 given written notice of the decision about the application. 7 (5) However, subsection (4) stops applying if the column 2 licence is 8 surrendered, cancelled or suspended. 9 (6) The person may not apply for a renewal of the column 2 licence the 10 person is taken to hold. 11 applications for column 1 licences 12 Existing 221.(1) An application for a column 1 licence made under the repealed 13 Act and not decided at the commencement must be decided under this Act. 14 (2) The application is taken to be about the column 2 licence shown 15 opposite the column 1 licence. 16 (3) Subject to subsection (4), the provisions of this Act about issuing 17 licences apply to the application. 18 19 Example of provision that applies to the application-- 20 section 53 (Criteria for applications--possession licences). (4) The provisions of this Act dealing with making the application in the 21 approved form and paying the application fee do not apply to the 22 application. 23 out radiation practice--holder of deemed possession licence 24 Carrying 222. Sections 17, 18 and 3350 do not apply to a person in possession of a 25 radiation source under a deemed possession licence in relation to the 26 50 Sections 17 (Obligations of possession licensees), 18 (When a possession licensee must obtain a certificate of compliance) and 33 (Obligations in relation to approved radiation safety and protection plan--possession licensees)

 


 

s 223 131 s 224 Radiation Safety carrying out of a radiation practice, with the source, to which the licence 1 relates. 2 application by holder of deemed possession licence for new 3 Successful possession licence 4 223.(1) This section applies if-- 5 (a) a person is in possession of a radiation source under a deemed 6 possession licence; and 7 (b) the person, while holding the licence, applies to the chief 8 executive for a possession licence for the source; and 9 (c) the chief executive grants the application. 10 (2) Sections 17, 18 and 33 do not apply to the person during the period 11 of 6 months commencing on the day the person is given written notice of 12 the decision to grant the application. 13 safety officers 14 Radiation 224.(1) This section applies in relation to a deemed possession licence 15 during the currency of the licence. 16 (2) Part 6, division 251 does not apply to the holder of the licence or the 17 radiation practice for which the licensee is allowed, under the licence, to 18 possess a radiation source. 19 (3) If, immediately before the commencement, there was a radiation 20 safety officer appointed under the repealed Act for the practice (the 21 "appointed person"), the appointed person is taken to be a radiation safety 22 officer, under this Act, for the practice. 23 (4) If for any reason there is not an appointed person, or a radiation 24 safety officer appointed under this subsection, for the practice, the holder of 25 the licence must as soon as practicable appoint a qualified person as a 26 radiation safety officer for the practice. 27 Maximum penalty--100 penalty units. 28 51 Part 6 (Other radiation safety and protection provisions), division 2 (Radiation safety officers)

 


 

s 224 132 s 224 Radiation Safety (5) An appointed person, or a radiation safety officer appointed under 1 subsection (4), has the following functions-- 2 (a) to identify ways of minimising the radiation doses received by 3 persons from the source; 4 (b) to provide, or arrange for the provision of, training about radiation 5 hazards and safe working practices, in relation to the carrying out 6 of the practice, to-- 7 (i) persons carrying out the practice; and 8 (ii) the holder's employees, and other persons working for the 9 holder, who may be exposed to radiation emitted from the 10 source; and 11 (iii) other persons prescribed under a regulation; 12 (c) to provide, or arrange for the provision of, training to the persons 13 mentioned in paragraph (b) about precautions that need to be 14 taken to ensure radiation doses received by the persons and other 15 persons from the source, are-- 16 (i) for ionising radiation--below the radiation dose limit 17 prescribed under a regulation and as low as reasonably 18 achievable; or 19 (ii) for non-ionising radiation--below the radiation dose limit 20 prescribed under a regulation and minimised as far as is 21 practicable. 22 (6) If the appointed person, or radiation safety officer appointed under 23 subsection (4), is not also the holder of the licence, the person or officer also 24 has the following functions-- 25 (a) to advise the holder of the ways, identified under 26 subsection (5)(a), of minimising the radiation doses received by 27 persons from the source; 28 (b) to advise the holder if any conditions of the licence, of which the 29 person or officer is aware, are not being complied with and make 30 recommendations to the holder as to what action needs to be 31 taken to ensure compliance. 32

 


 

s 225 133 s 226 Radiation Safety exemptions 1 Existing 225.(1) Subsection (2) applies if-- 2 (a) immediately before the commencement, a person was exempted 3 from a provision of the repealed Act for which there is an 4 equivalent provision under this Act; and 5 (b) at the commencement, the person is not exempted, under a 6 regulation, from the equivalent provision. 7 (2) The person is taken to be exempted from the equivalent provision for 8 the period ending 6 months after the commencement (the "6 months' 9 period"). 10 (3) If the exemption under the repealed Act was subject to a condition, 11 the exemption from the equivalent provision is also subject to the condition. 12 (4) Subsection (5) applies if-- 13 (a) the person makes application for a column 2 licence during the 14 6 months' period; and 15 (b) the application is relevant to the equivalent provision. 16 (5) The exemption from the equivalent provision is taken to continue 17 from the day that it would, apart from this subsection, have ended until the 18 person is given written notice of the decision about the application. 19 20 Appeals 226.(1) Subsection (2) applies if-- 21 (a) a person has appealed to the Supreme Court under the repealed 22 Act before the commencement against a decision of the Minister; 23 and 24 (b) the appeal has not been decided before the commencement. 25 (2) The Supreme Court may hear, or continue to hear, and decide the 26 appeal under the repealed Act as if it had not been repealed. 27 (3) Subsection (4) applies if-- 28 (a) immediately before the commencement a person could have 29 appealed to the Supreme Court under the repealed Act against a 30 decision of the Minister; and 31

 


 

s 227 134 s 229 Radiation Safety (b) the person has not appealed before the commencement. 1 (4) The person may appeal, and the Supreme Court may hear and decide 2 the appeal, under the repealed Act as if this Act had not commenced. 3 (5) For giving effect to its decision under subsection (2) or (4), the 4 Supreme Court may make the orders it considers necessary having regard 5 to the provisions of this Act. 6 7 Example for subsection (5)-- 8 On an appeal by a person against a decision of the Minister to refuse to grant a 9 licence to possess a radioactive substance under the repealed Act, the Supreme 10 Court may order that the chief executive issue a possession licence to the person 11 under this Act. 12 Offences 227.(1) Proceedings for an offence against the repealed Act may be 13 started or continued, and the provisions of the repealed Act necessary or 14 convenient to be used in relation to the proceedings continue to apply, as if 15 this Act had not commenced. 16 (2) For subsection (1), the Acts Interpretation Act 1954, section 2052 17 applies, but does not limit the subsection. 18 seized 19 Things 228. A thing seized under the repealed Act, and in relation to which 20 proceedings for an offence under that Act were not finalised or started at the 21 commencement, is taken to have been properly seized under this Act. 22 licences 23 Suspended 229.(1) This section applies if a column 1 licence has been suspended 24 under the repealed Act and the period of suspension has not ended on the 25 commencement. 26 52 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)

 


 

s 230 135 s 231 Radiation Safety (2) The suspension is taken to continue as a suspension of a column 2 1 licence shown opposite the column 1 licence. 2 ubstances 3 S 230.(1) This section applies if-- 4 (a) a substance has been taken, seized or obtained by an inspector 5 under the repealed Act; and 6 (b) an analyst has not given a certificate of analysis or test of the 7 substance under that Act. 8 (2) The provisions of the repealed Act relating to the analysis or testing 9 of the substance continue to apply. 10 regulations 11 Transitional 231.(1) A regulation may make provision of a saving or transitional 12 nature for which-- 13 (a) it is necessary or convenient to assist the transition from-- 14 (i) the possession, use and transport of radioactive substances 15 under the repealed Act to the possession, use and transport 16 of radiation sources under this Act; or 17 (ii) the possession and use of irradiating apparatus under the 18 repealed Act to the possession and use of radiation sources 19 under this Act; and 20 (b) this Act does not make provision or sufficient provision. 21 (2) A regulation under this section may have retrospective operation to a 22 day not earlier than the commencement. 23 (3) Subject to subsection (4) or the earlier repeal of the regulation, a 24 regulation under this section expires 1 year after it is made. 25 (4) This section expires 1 year after the commencement. 26

 


 

s 232 136 s 235 Radiation Safety ART 15--CONSEQUENTIAL AMENDMENTS 1 P of Environmental Protection Act 1994 2 Amendment 232.(1) This section amends the Environmental Protection Act 1994. 3 (2) Section 20(2), `Radioactive Substances Act 1958'-- 4 omit, insert-- 5 `Radiation Safety Act 1999'. 6 of Fire Rescue and Authority Act 1990 7 Amendment 233.(1) This section amends the Fire Rescue and Authority Act 1990. 8 (2) Section 95(2), `Radioactive Substances Act 1958'-- 9 omit, insert-- 10 `Radiation Safety Act 1999'. 11 of Medical Act 1939 12 Amendment 234.(1) This section amends the Medical Act 1939. 13 (2) Section 47(4C), `Radioactive Substances Act 1958'-- 14 omit, insert-- 15 `Radiation Safety Act 1999'. 16 of Transport Operations (Road Use Management) Act 17 Amendment 1995 18 235.(1) This section amends the Transport Operations (Road Use 19 Management ) Act 1995. 20 (2) Section 79A(2)(a), `Radioactive Substances Act 1958'-- 21 omit, insert-- 22 `Radiation Safety Act 1999'. 23

 


 

s 236 137 s 236 Radiation Safety of Workplace Health and Safety Act 1995 1 Amendment 236.(1) This section amends the Workplace Health and Safety Act 1995. 2 (2) Section 3(2), `Radioactive Substances Act 1958'-- 3 omit, insert-- 4 `Radiation Safety Act 1999'. 5 6

 


 

138 Radiation Safety CHEDULE 1 1 S DECISIONS FOR WHICH INFORMATION NOTICES 2 MUST BE GIVEN 3 section 182(3) 4 Section Description of decision 30 Changing an approved radiation safety and protection plan for a radiation practice 31 Refusing to grant an application to change an approved radiation safety and protection plan for a radiation practice 62 Refusing to grant an application for an Act instrument 76 Issuing an Act instrument on conditions 79 Refusing to renew a renewable Act instrument 86 Suspending or cancelling an Act instrument 88 Immediately suspending an Act instrument 95 Changing conditions of a conditional Act instrument or subjecting a conditional Act instrument to conditions 96 Refusing to grant an application to change conditions of a conditional Act instrument

 


 

139 Radiation Safety SCHEDULE 1 (continued) 101 Refusing to grant an application for the replacement of an Act instrument 133(1)(c) or (2) Decision resulting in a thing being forfeited to the State 1

 


 

140 Radiation Safety CHEDULE 2 1 S ICTIONARY 2 D section 7 3 "accepted representations" see section 84(2). 4 "accreditation certificate" means an accreditation certificate issued under 5 section 62. 6 "accredited person" means the holder of an accreditation certificate.53 7 "Act instrument" see section 48. 8 "amend", an assessment report, includes prepare another assessment 9 report. 10 "appointed member" see section 163(1)(b) and (c). 11 "approval" means an approval to acquire, approval to dispose or approval 12 to relocate. 13 "approval to acquire" means an approval to acquire a radiation source 14 issued under section 62. 15 "approval to dispose" means an approval to dispose of radioactive 16 material issued under section 62. 17 "approval to relocate" means an approval to relocate a radiation source 18 issued under section 62. 19 "approved form" means a form approved by the chief executive. 20 "approved radiation safety and protection plan", for a radiation 21 practice, means a radiation safety and protection plan approved by the 22 chief executive for the practice, and includes the plan as changed under 23 section 30 or 31. 24 "assessment", of a personal monitoring device, means-- 25 53 Part 7 states the requirements to be complied with to obtain an accreditation certificate.

 


 

141 Radiation Safety SCHEDULE 2 (continued) (a) the quantification of the radiation dose the device has received 1 during a particular period; and 2 (b) the estimation of the radiation dose received by the person who 3 wore the device during the period. 4 "assessment report" see section 20(3). 5 "carry out", in relation to a radiation practice, see section 10. 6 "certificate of compliance", for a radiation source, includes-- 7 (a) for a sealed radioactive substance--a certificate of compliance 8 relating to the sealing of the substance; and 9 (b) for a sealed radioactive substance incorporated in a sealed source 10 apparatus--a certificate of compliance for the apparatus. 11 "certificate of compliance", for a radiation source or premises, means a 12 certificate of compliance issued by an accredited person for the source 13 or premises under part 3, division 3. 14 "chairperson" means the chairperson of the council appointed under 15 section 165(1). 16 "chief health officer" means the chief health officer under the Health Act 17 1937. 18 "column 1 licence", for part 14, division 3, see section 218. 19 "column 2 licence", for part 14, division 3, see section 218. 20 "commencement", for part 14, division 3, see section 218. 21 "committee" means a committee of the council established under 22 section 177. 23 "conditional Act instrument" see section 94. 24 "convicted", of an offence, means being found guilty of the offence, on a 25 plea of guilty or otherwise, whether or not a conviction is recorded. 26 "continuing approval to acquire" see section 52. 27 "corresponding law" means a law of another State, the Commonwealth or 28 a foreign country that provides for the same matter as this Act or a 29 provision of this Act. 30

 


 

142 Radiation Safety SCHEDULE 2 (continued) "council" means the Radiation Advisory Council. 1 "deemed possession licence", for part 14, division 3, see section 218. 2 "deputy chairperson" means the deputy chairperson of the council 3 appointed under section 165(1). 4 "dispose", of a radiation apparatus, means make the apparatus permanently 5 inoperable as a radiation apparatus. 6 "dispose", of radioactive material, means-- 7 (a) release the material into the environment; or 8 (b) release a thing containing the material into the environment. 9 "document certification requirement" see section 144(5). 10 "document production requirement" see section 144(6). 11 "environment" see the Environmental Protection Act 1994, section 8.54 12 "executive officer", of a corporation, means a person who is concerned 13 with, or takes part in, the corporation's management, whether or not 14 the person is a director or the person's position is given the name of 15 executive officer. 16 "health practitioner" means-- 17 (a) a person enrolled or registered as a nurse under the Nursing Act 18 1992; or 19 (b) a person registered as a chiropractor and osteopath, dental 20 prosthetist, dental technician, dentist, medical practitioner, 21 54 Environmental Protection Act 1994, section 8 provides-- ` "Environment" includes-- (a) ecosystems and their constituent parts, including people and communities; and (b) all natural and physical resources; and (c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c).'.

 


 

143 Radiation Safety SCHEDULE 2 (continued) occupational therapist, optometrist, pharmacist, physiotherapist, 1 podiatrist, psychologist or speech pathologist under a health 2 practitioner registration Act; or 3 (c) a person practising in a health-related field who is accredited by a 4 professional body representing practitioners in the field. 5 6 Examples for paragraph (c)-- 7 1. A diagnostic radiographer who holds a statement of accreditation issued by the 8 Australian Institute of Radiography. 9 2. A nuclear medicine technologist who holds a certificate of accreditation issued 10 by the Australian and New Zealand Society of Nuclear Medicine. "health practitioner registration Act" means any of the following Acts-- 11 Chiropractors and Osteopaths Act 1979 12 Dental Act 1971 13 Dental Technicians and Dental Prosthetists Act 1991 14 Medical Act 1939 15 Occupational Therapists Act 1979 16 Optometrists Act 1974 17 Pharmacy Act 1976 18 Physiotherapists Act 1964 19 Podiatrists Act 1969 20 Psychologists Act 1977 21 Speech Pathologists Act 1979. 22 "health records" see section 123(1). 23 "health risks", in relation to any person, includes risks to the safety of any 24 person. 25 "health service employee" means a person appointed as a health service 26 employee under the Health Services Act 1991, section 24. 27 "improvement notice" see section 139(2). 28 "information notice", for a decision of the chief executive or an inspector, 29

 


 

144 Radiation Safety SCHEDULE 2 (continued) is a written notice stating the following-- 1 (a) the decision; 2 (b) the reasons for the decision; 3 (c) the person to whom the notice is given may have the decision 4 reviewed within 28 days; 5 (d) how the person may have the decision reviewed; 6 (e) if the decision is that an Act instrument be suspended or 7 cancelled--a direction to the person to surrender the instrument to 8 the chief executive within 7 days after receiving the notice; 9 (f) if the decision is that the conditions of a conditional Act 10 instrument be changed--a direction to the person to return the 11 instrument to the chief executive within 7 days after receiving the 12 notice; 13 (g) if the decision is that an approved radiation safety and protection 14 plan be changed--a direction to the person to return the following 15 documents to the chief executive, within 14 days after receiving 16 the notice-- 17 (i) the plan, incorporating the change; 18 (ii) the person's possession licence in which the plan is 19 identified. 20 "inspector" means a person who is appointed as an inspector under 21 section 106. 22 "ionising radiation" means electromagnetic or particulate radiation capable 23 of producing ions, but does not include electromagnetic radiation of a 24 wavelength greater than 100 nanometres. 25 "licence" means a possession licence, transport licence or use licence. 26 "licensee" means a possession licensee, use licensee or transport licensee. 27 "member" means a member of the Radiation Advisory Council. 28 "monitored person" see section 38(1). 29 "non-ionising radiation" means-- 30

 


 

145 Radiation Safety SCHEDULE 2 (continued) (a) electromagnetic radiation of a wavelength greater than 1 100 nanometres; or 2 (b) sonic radiation. 3 "occupier", of a place, includes a person who reasonably appears to be an 4 occupier, or in charge, of the place. 5 "original decision" see section 182(1). 6 "personal monitoring device" means a device designed to be worn by a 7 person to monitor any radiation dose received by the person. 8 "personal monitoring record" see section 38(4). 9 "personal particulars requirement" see section 142(5). 10 "place" includes premises and vacant land. 11 "place of seizure" see section 129(a). 12 "possess", a radiation source, includes having the source under control in 13 any place, whether or not another person has custody of the source. 14 "possession licence" means a licence, issued under section 62, to possess a 15 radiation source for a radiation practice. 16 "possession licensee" means a person who holds a possession licence. 17 "premises" includes-- 18 (a) a building or other structure; and 19 (b) a part of a building or other structure; and 20 (c) land where a building or other structure is situated; and 21 (d) a vehicle. 22 "prescribe", a therapeutic procedure, means issue an order, in written or 23 electronic form, for the intentional irradiation of a person for 24 therapeutic purposes, stating-- 25 (a) particulars of the radiation source to be used; and 26 (b) the amount, and method of delivery, of the radiation. 27 "prohibition notice" see section 140(2). 28

 


 

146 Radiation Safety SCHEDULE 2 (continued) "proposed action" see section 83(2)(a) 1 "public place" means a place the public is entitled to use, open to the public 2 or used by the public, whether or not on payment of money. 3 "qualified person" means a person who holds a radiation safety officer 4 certificate.55 5 "radiation" means ionising radiation or non-ionising radiation. 6 "radiation apparatus" means-- 7 (a) an apparatus that, when energised, emits an amount of ionising 8 radiation during a particular period higher than the amount 9 prescribed, for the period, under a regulation; or 10 (b) an apparatus that would if assembled or repaired, and when 11 energised, be capable of emitting an amount of ionising radiation 12 during a particular period higher than the amount prescribed, for 13 the period, under a regulation; or 14 (c) an apparatus, prescribed under a regulation, that when energised 15 emits an amount of non-ionising radiation during a particular 16 period higher than the amount prescribed, for the period, under a 17 regulation; or 18 (d) an apparatus, prescribed under a regulation, that would if 19 assembled or repaired, and when energised, be capable of 20 emitting an amount of non-ionising radiation during a particular 21 period higher than the amount prescribed, for the period, under a 22 regulation. 23 "radiation dose", received by a person or thing, means the amount of 24 energy from radiation absorbed by the person or thing exposed to the 25 radiation. 26 "radiation dose limit" means-- 27 (a) for ionising radiation--a limit on the radiation dose a person may 28 receive during a particular period; or 29 55 Part 7 states the requirements to be complied with to obtain a radiation safety officer certificate.

 


 

147 Radiation Safety SCHEDULE 2 (continued) (b) for radioactive material--a limit on the amount of the 1 radionuclide in the material that may be inhaled, ingested or 2 introduced into the body of a person during a particular period; or 3 (c) for non-ionising radiation--a limit on the radiation dose a person 4 may receive during a particular period. 5 "radiation hazard" means risks to the health or safety of any person 6 arising from exposure to radiation. 7 "radiation practice" see section 11. 8 "radiation safety and protection plan", for a radiation practice, see 9 section 28(1). 10 "radiation safety and protection principles" see section 5. 11 "radiation safety officer", for a radiation practice, means a person 12 appointed as a radiation safety officer for the practice under section 36. 13 "radiation safety officer certificate" means a radiation safety officer 14 certificate issued under section 62. 15 "radiation safety standard", about a radiation source, includes-- 16 (a) for a sealed radioactive substance--a radiation safety standard 17 about the sealing of the substance made under section 16(1)(b); 18 and 19 (b) for a sealed radioactive substance incorporated in a sealed source 20 apparatus--a radiation safety standard about the apparatus made 21 under section 16(1)(c). 22 "radiation safety standard" means a radiation safety standard made by 23 the Minister under section 16. 24 "radiation source" means-- 25 (a) a radioactive substance; or 26 (b) a radiation apparatus. 27 "radioactive material" means material that spontaneously emits ionising 28 radiation as a result of the radioactive decay of a radionuclide in it, but 29 does not include a mineral within the meaning of the Mineral 30 Resources Act 1989 situated within the boundaries of land the subject 31

 


 

148 Radiation Safety SCHEDULE 2 (continued) of a mining lease, mineral development licence or exploration permit 1 within the meaning of that Act. 2 "radioactive substance" means radioactive material (whether or not it is 3 sealed)-- 4 (a) containing more than the concentration or activity of a 5 radionuclide prescribed under a regulation; or 6 (b) prescribed under a regulation to be a radioactive substance. 7 "register" means the register kept under section 207. 8 "relevant radiation safety standard", for a radiation source or premises, 9 means a radiation safety standard that applies to the source or 10 premises. 11 "relevant radiation safety standard", for a type of radiation source or 12 premises, means a radiation safety standard that applies to the type of 13 source or premises. 14 "renewable Act instrument" see section 78. 15 "repealed Act" means the Radioactive Substances Act 1958. 16 "request", a diagnostic procedure, means make a request or issue an order, 17 in written or electronic form, for the intentional irradiation of a person 18 for diagnostic purposes, stating-- 19 (a) particulars of the radiation source to be used; and 20 (b) particulars of the diagnostic information sought from the 21 procedure. 22 "requirements", for sections 20, 21 and 22, see section 20(3)(b). 23 "review decision" see section 186(1). 24 "review notice" see section 186(2). 25 "sealed radioactive substance" means a radioactive substance sealed in a 26 way that-- 27 (a) minimises the possibility of its escape or dispersion; and 28 (b) allows the emission or transmission of ionising radiation. 29

 


 

149 Radiation Safety SCHEDULE 2 (continued) "sealed source apparatus" means equipment or a gauge, instrument or 1 device incorporating a sealed radioactive substance, but does not 2 include a container used solely for the transport or storage of a sealed 3 radioactive substance. 4 "serious environmental harm" see Environmental Protection Act 1994, 5 section 17.56 6 "show cause notice" see section 83(1). 7 "show cause period" see section 83(2)(e). 8 "special warrant" see section 115(1). 9 "State radiation analyst" means a person who is appointed as a State 10 radiation analyst under section 157. 11 "transport", a radioactive substance, does not include transport the 12 substance from a part of premises to another part of the same 13 premises. 14 "transport licence" means a licence, issued under section 62, to transport a 15 radioactive substance. 16 "transport licensee" means a person who holds a transport licence. 17 "treated person" see section 41(3). 18 56 Environmental Protection Act 1994, section 17 provides-- `17.(1) "Serious environmental harm" is environmental harm (other than environmental nuisance)-- (a) that causes actual or potential harm to environmental values that is irreversible, of a high impact or widespread; or (b) that causes actual or potential harm to environmental values of an area of high conservation value or special significance; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to-- (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. (2) In this section-- "threshold amount" means $50 000 or, if a greater amount is prescribed by regulation, the greater amount.'.

 


 

150 Radiation Safety SCHEDULE 2 (continued) "unsealed radioactive substance" means a radioactive substance that is 1 not a sealed radioactive substance. 2 "use", in relation to a radiation source, see section 9(1). 3 "use", in relation to the carrying out of a radiation practice, see section 9(2). 4 "use licence" means a licence, issued under section 62, to use a radiation 5 source to carry out a radiation practice. 6 "use licensee" means a person who holds a use licence. 7 "vehicle" means anything used for carrying anything or any person by 8 land, water or air. 9 "warrant form" see section 115(5)(b). 10 11 State of Queensland 1999

 


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