Radiation Safety Regulation 2021

1Short title

This regulation may be cited as the Radiation Safety Regulation 2021.

2Commencement

(1)This regulation, other than part 17, commences on 1 September 2021.

(2)Part 17 commences on 1 October 2021.

3Definitions

The dictionary in schedule 9 defines particular words used in this regulation.

4Radioactive substance—Act, sch 2

(1)For schedule 2 of the Act, definition radioactive substance, paragraph (b), the following radioactive material is prescribed to be a radioactive substance—

(a)radioactive material (other than radioactive material that is a mineral substance) containing a radionuclide mentioned in schedule 1, column 1, if both of the following apply—

(i)the concentration of the radionuclide is equal to or more than the concentration stated opposite the radionuclide in column 2 of the schedule;

(ii)the activity of the radionuclide is equal to or more than the activity stated opposite the radionuclide in column 3 of the schedule;

(b)radioactive material that is a mineral substance containing a radionuclide mentioned in schedule 1, column 1, if the concentration of the radionuclide is equal to or more than the concentration worked out by multiplying the concentration stated opposite the radionuclide in column 2 of the schedule by 10.

(2)In this section—

mineral substance means—

(a)a mineral, other than a mineral situated within the boundaries of land the subject of a mining lease, mineral development licence or exploration permit within the meaning of the Mineral Resources Act 1989; or

(b)a substance into which a mineral has been changed as a result of the processing of the mineral.

Examples of the processing of a mineral—

the refining, smelting or calcining of a mineral

5Ionising radiation apparatus—Act, sch 2, definition radiation apparatus

(1)For schedule 2 of the Act, definition radiation apparatus, paragraphs (a) and (b), the amount prescribed is 1 microgray per hour, measured at a distance of 10cm from any accessible surface of the apparatus.

(2)In this section—

accessible surface, of an apparatus, means a surface of the apparatus that may easily be touched.

6Non-ionising radiation apparatus—Act, sch 2, definition radiation apparatus

(1)For schedule 2 of the Act, definition radiation apparatus, paragraphs (c) and (d), the following apparatus are prescribed—

(a)a laser;

(b)a relevant solarium.

(2)For schedule 2 of the Act, definition radiation apparatus, paragraphs (c) and (d), the following amounts are prescribed—

(a)for a laser—the accessible emission limit for a class 1 laser for the period stated in, and measured in accordance with, the laser standard;

(b)for a relevant solarium—an erythemally effective dose of 100 joules per square metre per hour.

(3)In this section—

CIE document means the standard called ‘ISO/CIE 17166:2019—Erythema reference action spectrum and standard erythema dose’, published by the International Organization for Standardization and prepared by the International Commission on Illumination.

erythemally effective dose means the dose obtained by weighting the spectral distribution of electromagnetic radiation incident on the measured area with the erythemal effectiveness stated in the CIE document across the electromagnetic radiation wavelength range of 280nm to 400nm and then integrating to obtain the total dose in joules per square metre in accordance with the CIE document.

7Security enhanced source—Act, sch 2

(1)For schedule 2 of the Act, definition security enhanced source, each of the following radiation sources is prescribed to be a security enhanced source—

(a)a sealed radioactive substance that has a security category of 1, 2 or 3;

(b)an aggregation of sealed radioactive substances that has a security category of 1, 2 or 3.

(2)For subsection (1), the security category of a sealed radioactive substance, or of an aggregation of sealed radioactive substances, is the security category stated in schedule 2, part 1 opposite the activity ratio of the substance or aggregation as worked out under subsection (3) or (4).

(3)For subsection (2), the activity ratio of a sealed radioactive substance is worked out using the formula—

      where—

A means the activity of the radionuclide in the sealed radioactive substance, stated in gigabecquerels.

AR means the activity ratio.

RAV means the radionuclide activity value stated in schedule 2, part 2 for the radionuclide in the sealed radioactive substance.

(4)For subsection (2), the activity ratio of an aggregation of 2 or more sealed radioactive substances is the sum of the activity ratios of each of the sealed radioactive substances in the aggregation worked out under subsection (3).

8Periods within which certificates of compliance must be obtained—Act, s 18

(1)For section 18(2) of the Act, the following periods are prescribed—

(a)for an ionising radiation apparatus, or a sealed source apparatus, used to carry out a diagnostic or therapeutic procedure involving the irradiation of a person, other than a radiation apparatus used to carry out intra-oral dental diagnostic imaging or plain diagnostic imaging involving the irradiation of a person—1 year;

(b)for an ionising radiation apparatus, or a sealed source apparatus, used to carry out a radiation practice for a research project—1 year;

(c)for an ionising radiation apparatus, or a sealed source apparatus, used during a person’s study or training at an educational institution—1 year;

(d)for an ionising radiation apparatus, or a sealed source apparatus, used to carry out a radiation practice, other than an ionising radiation apparatus, or a sealed source apparatus, mentioned in paragraph (a), (b), (c) or (e)—3 years;

(e)for an ionising radiation apparatus used to carry out diagnostic imaging involving the irradiation of a person, if the apparatus is the subject of a quality assurance program approved by the chief executive under subsection (3)—10 years;

(f)for a laser apparatus used to carry out a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person—1 year.

(2)For section 18(4) and (5) of the Act, the period prescribed is 5 years.

(3)The chief executive may, by notice published on the department’s website, approve a quality assurance program but only if the chief executive is satisfied the program implements 1 or more radiation safety standards.

9Disposal of radioactive material into air or water, other than into sewerage system—Act, s 26

(1)For section 26(1)(a) of the Act—

(a)for disposal into the air of radioactive material containing only 1 of the radionuclides mentioned in schedule 3, column 1—the maximum concentration prescribed is the concentration stated in column 2 of the schedule opposite the radionuclide; or

(b)for disposal into water of radioactive material containing only 1 of the radionuclides mentioned in schedule 3, column 1—the maximum concentration prescribed is the concentration stated in column 3 of the schedule opposite the radionuclide; or

(c)for disposal into the air or water of radioactive material containing more than 1 of the radionuclides mentioned in schedule 3, column 1—the maximum concentration prescribed is a concentration resulting in a disposal factor for the material of 1.

(2)Subsection (1) does not apply in relation to the disposal of radioactive material into a sewerage system.

(3)Subsection (4) applies in relation to the disposal into water of radioactive material mentioned in subsection (1)(b) or (c) that is wastewater resulting from reverse osmosis at a water treatment facility.

(4)For section 26(2) of the Act, the point of disposal at which the concentration of the radionuclide in the radioactive material is to be decided is immediately outside the point at which the wastewater is released into the environment.

(5)In this section—

disposal factor, for radioactive material containing more than 1 of the radionuclides mentioned in schedule 3, column 1, means the total of the amounts worked out for each of the radionuclides using the formula—

where—

A, for a radionuclide, means the amount for the radionuclide.

C, for a radionuclide, means the radionuclide’s concentration, measured in Bq per cubic metre.

MC, for a radionuclide, means—

(a)if the material is to be disposed of into the air—the concentration stated in schedule 3, column 2 opposite the radionuclide; or

(b)if the material is to be disposed of into water—the concentration stated in schedule 3, column 3 opposite the radionuclide.

10Disposal of radioactive material into sewerage system—Act, s 26

(1)For section 26(1)(a) of the Act—

(a)for disposal into a sewerage system of radioactive material containing only 1 of the radionuclides mentioned in schedule 3, column 1—the maximum concentration prescribed is the concentration stated in column 4 of the schedule opposite the radionuclide; or

(b)for disposal into a sewerage system of radioactive material containing more than 1 of the radionuclides mentioned in schedule 3, column 1—the maximum concentration prescribed is a concentration resulting in a disposal factor for the material of 1.

(2)For section 26(2) of the Act, the point of disposal at which the concentration of the radionuclide in the radioactive material is to be decided is the point at, or immediately before, which the sewerage pipe leading from the premises from which the material is being disposed of joins the main reticulation line of the sewerage system.

(3)In this section—

disposal factor, for radioactive material containing more than 1 of the radionuclides mentioned in schedule 3, column 1, means the total of the amounts worked out for each of the radionuclides using the formula—

where—

A, for a radionuclide, means the amount for the radionuclide.

C, for a radionuclide, means the radionuclide’s concentration, measured in Bq per cubic metre.

MC, for a radionuclide, means the concentration stated in schedule 3, column 4 opposite the radionuclide.

11Disposal of radioactive material, other than into air, water or sewerage system—Act, s 26

(1)For section 26(1)(a) of the Act—

(a)for disposal, other than into the air, water or a sewerage system, of radioactive material containing only 1 of the radionuclides mentioned in schedule 1, column 1—the maximum concentration prescribed is one-half of the concentration stated in column 2 of the schedule opposite the radionuclide; or

(b)for disposal, other than into the air, water or a sewerage system, of radioactive material containing more than 1 of the radionuclides mentioned in schedule 1, column 1—the maximum concentration prescribed is a concentration resulting in a disposal factor for the material of 1.

(2)However, this section does not apply in relation to radioactive material that is a mineral substance mentioned in section 12(1) or (3).

(3)In this section—

disposal factor, for radioactive material containing more than 1 of the radionuclides mentioned in schedule 1, column 1, means the total of the amounts worked out for each of the radionuclides using the formula—

where—

A, for a radionuclide, means the amount for the radionuclide.

C, for a radionuclide, means the radionuclide’s concentration, measured in Bq per gram.

MC, for a radionuclide, means one-half of the concentration stated in schedule 1, column 2 opposite the radionuclide.

12Disposal of particular mineral substances, other than into air, water or sewerage system—Act, s 26

(1)Subsection (2) applies in relation to the disposal, other than into the air, water or a sewerage system, of radioactive material that is a mineral substance that—

(a)contains only 1 of the radionuclides mentioned in schedule 1, column 1; and

(b)has gross alpha and gross beta concentrations in the leachate worked out under the TCLP that are each equal to or less than the concentration stated in the Australian drinking water guidelines for the radionuclide multiplied by 10.

(2)For section 26(1)(a) of the Act, the maximum concentration prescribed for the disposal of the mineral substance is the concentration worked out by multiplying the concentration stated in schedule 1, column 2 opposite the radionuclide by 10.

(3)Subsection (4) applies in relation to the disposal, other than into the air, water or a sewerage system, of radioactive material that is a mineral substance that—

(a)contains more than 1 of the radionuclides mentioned in schedule 1, column 1; and

(b)has gross alpha and gross beta concentrations in the leachate worked out under the TCLP that are each equal to or less than the concentration stated in the Australian drinking water guidelines for each of the radionuclides multiplied by 10.

(4)For section 26(1)(a) of the Act, the maximum concentration prescribed for the disposal of the mineral substance is a concentration resulting in a disposal factor for the mineral substance of 1.

(5)In this section—

disposal factor, for a mineral substance mentioned in subsection (3) and containing more than 1 of the radionuclides mentioned in schedule 1, column 1, means the total of the amounts worked out for each of the radionuclides using the formula—

where—

A, for a radionuclide, means the amount for the radionuclide.

C, for a radionuclide, means the radionuclide’s concentration, measured in Bq per gram.

MC, for a radionuclide, means the amount worked out by multiplying the concentration stated in schedule 1, column 2 opposite the radionuclide by 10.

13Removal of radiation warning signs

(1)This section applies to a person disposing of—

(a)a container that has been used for the transport or storage of radioactive material; or

(b)an apparatus that once contained a sealed radioactive substance; or

(c)a radiation apparatus, other than a radiation apparatus that is a laser but is not a laser apparatus.

(2)The person must, immediately before the disposal, remove or make illegible all radiation warning signs attached to the container or apparatus.

Maximum penalty—20 penalty units.

(3)In this section—

radiation warning sign, attached to a container or apparatus, means a label adhering to, or a symbol embedded in, the container or apparatus indicating that the container or apparatus poses a radiation hazard.

14Methods and procedures—Act, s 28

(1)For section 28(6) of the Act, definition radiation safety and protection measures, each of the following measures is prescribed—

(a)safe handling procedures to be followed for the radiation source;

(b)procedures and methods for ensuring the safe use of the radiation source in carrying out the radiation practice;

(c)if the radiation practice involves the production of images—procedures and methods for ensuring the correct use of any ancillary imaging equipment used in connection with the use of the radiation source to carry out the practice;

(d)quality control procedures to be undertaken for—

(i)the radiation source; and

(ii)if the radiation source is a sealed source apparatus—the apparatus; and

(iii)if the radiation practice involves the production of images—any ancillary imaging equipment used in connection with the use of the radiation source to carry out the practice;

(e)remediation procedures to be followed for an accident that could reasonably be expected to happen in relation to carrying out the radiation practice.

(2)In this section—

remediation procedures, for an accident, means procedures designed to minimise a radiation hazard arising from the accident.

15Control of access to, and use of, radiation source—Act, s 28

(1)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is the control of access to, and use of, the radiation source.

(2)The measure prescribed under subsection (1) includes the following details—

(a)how access to the radiation source is to be controlled;

(b)how use of the radiation source is to be controlled.

16Supply of personal monitoring devices—Act, s 28

(1)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is the supply by the possession licensee of personal monitoring devices to be worn by persons while involved in carrying out the radiation practice.

(2)The measure prescribed under subsection (1) includes the following details about the personal monitoring devices—

(a)the persons who are to wear the devices, described by reference to the nature of their involvement in carrying out the radiation practice;

(b)how, when and where the devices are to be worn;

(c)where the devices are to be stored when the devices are not being worn;

(d)the interval at which the devices are to be assessed to estimate how much radiation the persons have absorbed;

(e)the person who is to perform the assessment mentioned in paragraph (d), described by reference to the abilities of the person to perform the task.

17Supply of particular equipment—Act, s 28

(1)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is the supply by the possession licensee for use by persons while involved in carrying out the radiation practice of 1 or more of the following—

(a)safety devices;

(b)personal protective equipment.

(2)The measure prescribed under subsection (1) includes the following details—

(a)for the supply of safety devices under the measure—

(i)the persons who are to use the devices, described by reference to the nature of their involvement in carrying out the radiation practice; and

(ii)the devices to be supplied; and

(iii)how, and when, the devices are to be used by the persons; and

(iv)the checks to be undertaken to test wear and tear or correct operation of the devices; and

(v)the expected outcome of each check; and

(vi)the person who is to check the devices, described by reference to the abilities of the person to perform the task; and

(vii)the interval at which the devices are to be checked for wear and tear or correct operation; and

(viii)how the actual outcome of the checks of the devices is to be recorded; and

(ix)if the actual outcome of a check of a device is different from the expected outcome—the procedures to be followed to fix the deficiency;

(b)for the supply of personal protective equipment under the measure—

(i)the persons who are to wear the equipment, described by reference to the nature of their involvement in carrying out the radiation practice; and

(ii)the type of equipment to be supplied to—

(A)persons involved in carrying out the radiation practice; or

(B)persons otherwise exposed to radiation in the carrying out of the radiation practice; and

(iii)how, and when, the equipment is to be worn by the persons; and

(iv)the checks to be undertaken to test wear and tear or correct operation of the equipment; and

(v)the expected outcome of each check; and

(vi)the person who is to check the equipment, described by reference to the abilities of the person to perform the task; and

(vii)the interval at which the equipment is to be checked for wear and tear or correct operation; and

(viii)how the actual outcome of the checks of the equipment is to be recorded; and

(ix)if the actual outcome of a check of the equipment is different from the expected outcome—the procedures to be followed to fix the deficiency.

(3)In this section—

safety device—

(a)means a device that, when used by a person while involved in carrying out a radiation practice, reduces the exposure of the person to radiation attributable to the carrying out of the practice; but

(b)does not include personal protective equipment.

18Record in register—Act, s 28

(1)For section 28(6) of the Act, definition radiation safety and protection measures, the following measures are prescribed—

(a)the arrangement for—

(i)keeping, under the possession licensee’s control, a register for recording relevant details about the use of the radiation source to carry out the radiation practice; and

(ii)making the register available to the use licensee who—

(A)uses the radiation source to carry out the radiation practice; or

(B)personally supervises another person who is allowed, under the use licensee’s licence, to use the radiation source to carry out the radiation practice;

(b)the arrangement for ensuring the use licensee records relevant details about the use of the radiation source in the register.

(2)In this section—

relevant details, about the use of a radiation source to carry out a radiation practice, means each of the following—

(a)the name of the person who used the radiation source to carry out the practice;

(b)if the radiation source is an unsealed radioactive substance—details of any disposal of radioactive material that happens in carrying out the practice;

(c)details of—

(i)any quality control procedures undertaken for—

(A)the radiation source; and

(B)if the practice involves the production of images—any ancillary imaging equipment used in connection with the use of the source to carry out the practice; and

(ii)the outcomes of the quality control procedures.

19Radiation alarms for radiation practices involving ionising radiation sources—Act, s 28

(1)This section applies in relation to a radiation practice involving the use of an ionising radiation source.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the measures prescribed are—

(a)supply by the possession licensee of personal radiation alarms for use by persons involved in carrying out the radiation practice; and

(b)if a personal radiation alarm is repaired or suspected to have been damaged—that the personal radiation alarm is not used unless it is first checked for sensitivity, accuracy, range and energy response.

(3)The measure prescribed under subsection (2)(a) includes the following details about the personal radiation alarms—

(a)the persons who are to use the alarms, described by reference to the nature of their involvement in carrying out the radiation practice;

(b)how, and when, the alarms are to be used by the persons;

(c)the operational checks to be undertaken by each person before each use of an alarm to ensure it is working correctly;

(d)the alarms, having the sensitivity, accuracy, range and energy response appropriate to the radiation source, that are to be used;

(e)the interval, of not more than 1 year, at which the alarms are to be checked for sensitivity, accuracy, range and energy response;

(f)the person who is to check the sensitivity, accuracy, range and energy response of the alarms, described by reference to the abilities of the person to perform the task.

(4)The measure prescribed under subsection (2)(b) includes details of the person who is to check the sensitivity, accuracy, range and energy response of the personal radiation alarm, described by reference to the abilities of the person to perform the task.

(5)In this section—

personal radiation alarm means a device that produces a visual or audible signal when—

(a)a radiation dose received by the device is equal to or more than a particular dose level; or

(b)a radiation dose received by the device in a particular period is more than a particular dose level.

20Radiation monitoring equipment for particular radiation practices involving ionising radiation sources—Act, s 28

(1)This section applies in relation to a radiation practice involving the use of an ionising radiation source, other than—

(a)the use of an ionising radiation apparatus for—

(i)a diagnostic procedure involving the irradiation of a person; or

(ii)chemical analysis; or

(b)the use of a sealed source apparatus for chemical analysis; or

(c)the use of a cabinet radiation apparatus or an enclosed radiation apparatus for its intended purpose.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the measures prescribed are—

(a)supply by the possession licensee of radiation monitoring equipment for use by persons while involved in carrying out the radiation practice; and

(b)if the radiation monitoring equipment is repaired or suspected to have been damaged—that the equipment is not used unless it is first checked for sensitivity, accuracy, range and energy response.

(3)The measure prescribed under subsection (2)(a) includes the following details about the radiation monitoring equipment—

(a)how the equipment is to be used;

(b)the operational checks to be undertaken by the persons before each use of the equipment to ensure it is working correctly;

(c)the equipment, having the sensitivity, accuracy, range and energy response appropriate to the radiation source, that is to be used;

(d)how the possession licensee is to ensure the sensitivity, accuracy, range and energy response of the equipment to be used are maintained;

(e)the interval, of not more than 1 year, at which the equipment is to be checked for sensitivity, accuracy, range and energy response;

(f)the person who is to check the sensitivity, accuracy, range and energy response of the equipment, described by reference to the abilities of the person to perform the task.

(4)The measure prescribed under subsection (2)(b) includes details of the person who is to check the sensitivity, accuracy, range and energy response of the radiation monitoring equipment, described by reference to the abilities of the person to perform the task.

(5)In this section—

radiation monitoring equipment means equipment that measures the amount of radiation emitted from radioactive substances or ionising radiation apparatus in a particular period.

21Radiation practices involving use or storage of unsealed radioactive substances—Act, s 28

(1)This section applies in relation to a radiation practice that involves the use or storage of unsealed radioactive substances at premises.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the following measures are prescribed—

(a)monitoring the premises, and persons and things at the premises, to detect or minimise contamination of the premises, persons or things;

(b)safe management at the premises of contaminated cleanable things used in carrying out the radiation practice before the removal of the cleanable things from the premises for cleaning;

(c)safe management at the premises of waste radioactive material produced in carrying out the radiation practice before its disposal;

(d)minimising the amount of waste radioactive material produced in carrying out the radiation practice.

(3)The measure prescribed under subsection (2)(a) includes the following details—

(a)how the premises are to be monitored;

(b)how persons at the premises are to be monitored;

(c)how things at the premises are to be monitored;

(d)the monitoring equipment, having the sensitivity, accuracy, range and energy response appropriate to the contamination to be monitored, that is to be used.

(4)The measure prescribed under subsection (2)(b) includes the following details—

(a)how the contaminated cleanable things at the premises are to be stored before removal from the premises for cleaning;

(b)the period for which the contaminated cleanable things at the premises are to be stored before removal from the premises for cleaning.

(5)The measure prescribed under subsection (2)(c) includes each of the following details—

(a)how the waste radioactive material produced in carrying out the radiation practice is to be dealt with before its disposal;

(b)the method to be used to minimise the activity of the radionuclide in, and volume of, the waste radioactive material;

(c)if the waste radioactive material is to be stored—how the waste radioactive material is to be sorted for storage, having regard to—

(i)its half-life, volume, and physical and chemical properties; and

(ii)the concentration of the radionuclide in the material.

(6)The measure prescribed under subsection (2)(d) includes details about how the amount of the waste radioactive material produced in carrying out the radiation practice is to be minimised.

(7)In this section—

cleanable thing, at premises, means a thing that, to be cleaned, needs to be removed from the premises.

contamination, of a person, premises or thing, means the lodgement, attachment or incorporation of radioactive material on, to or in the person, premises or thing.

22Diagnostic, therapeutic or cosmetic procedure involving irradiation of person—Act, s 28

(1)This section applies in relation to a radiation practice if the radiation practice involves the use of a radiation source to carry out a diagnostic, therapeutic or cosmetic procedure involving the irradiation of a person (the relevant person).

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the following measures are prescribed—

(a)supply by the possession licensee of personal protective equipment to be worn by the relevant person while the procedure is carried out;

(b)procedures to be followed to ensure the relevant person wears the personal protective equipment while the procedure is carried out;

(c)the arrangement for—

(i)keeping, under the possession licensee’s control, a register for the radiation practice for details about each exposure of the relevant person to radiation; and

(ii)making the register available to the use licensee who—

(A)uses the radiation source to carry out the procedure; or

(B)personally supervises another person who is allowed, under the licence, to carry out the procedure;

(d)the arrangement for ensuring the use licensee records each of the following details in the register about each exposure of the relevant person to radiation while undergoing the procedure—

(i)the date of use of the radiation source to carry out the procedure;

(ii)details of the procedure;

(iii)if, as part of the procedure, a radioactive substance was administered to the relevant person—details of the substance.

(3)The measure prescribed under subsection (2)(a) includes details of the personal protective equipment to be supplied.

(4)The measure prescribed under subsection (2)(b) includes details of the procedures.

23Marking of images from diagnostic or therapeutic procedure—Act, s 28

(1)This section applies in relation to a radiation practice if—

(a)the radiation practice involves the use of a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person as the treated person; and

(b)the carrying out of the procedure results in the production of 1 or more of the following images (each a medical image)—

(i)a nuclear medicine image;

(ii)a radiograph;

(iii)an X-ray image.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is that the relevant information be permanently marked on each medical image produced during the diagnostic or therapeutic procedure.

(3)The measure prescribed under subsection (2) includes the details of the way the marking is to be made.

(4)In this section—

nuclear medicine image means an image produced as a result of the detection of the radiation emitted by a radionuclide in a person, after the person has been administered a radiopharmaceutical.

permanently marked means—

(a)for a medical image that is a digital image—included as part of the metadata for the image; or

(b)for another medical image—marked in a way that leaves a permanent record on the image.

relevant information means—

(a)for a medical image that is a radiograph with a surface area of less than 45cm²—a marking that identifies, or helps in the identification of, the treated person; or

(b)for a medical image other than a medical image mentioned in paragraph (a)—

(i)the name, or identifying mark, of the use licensee; and

(ii)the name, or identifying mark, of the possession licensee; and

(iii)the address, or identifying mark, of the premises at which the image was produced; and

(iv)the name, gender and date of birth of the treated person; and

(v)the date the image was produced; and

(vi)if the medical image is a nuclear medicine image—details of any radiopharmaceutical administered to the treated person for the production of the image; and

(vii)enough information to enable the correct interpretation of the image.

24Diagnostic or therapeutic procedure involving irradiation of person—Act, s 28

(1)This section applies in relation to a radiation practice if the radiation practice involves the use of a radioactive substance to carry out a diagnostic or therapeutic procedure involving the irradiation of a person as the treated person.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is the provision of guidance to the treated person about the duration of the procedure.

25Radiation practices resulting in production of radionuclide radon-222—Act, s 28

(1)This section applies in relation to a radiation practice if the radiation practice results in the production of the radionuclide radon-222.

(2)For section 28(6) of the Act, definition radiation safety and protection measures, the measure prescribed is ventilation of the premises in which the radiation practice is being carried out in a way that ensures a person is not exposed to a concentration of 200Bq per cubic metre or more of the radionuclide radon-222.

(3)The measure prescribed under subsection (2) includes details of how the premises are to be ventilated.

26Monitoring or assessment interval—Act, s 28

For section 28(2)(g) of the Act, the other particular prescribed is the maximum interval at which a radiation safety officer appointed by the possession licensee for the radiation practice is to monitor or assess the radiation source, or the premises at which the radiation practice is being carried out, to perform the function mentioned in section 37(2)(f) of the Act.

27Supply of personal monitoring devices—Act, s 28

For section 28(3) of the Act, the radiation dose limit prescribed for ionising radiation is a total effective dose of 1mSv in any 12-month period.

28Meaning of threat level

(1)A threat level is an indicator of the likelihood and consequences of a person acquiring a security enhanced source for a malicious purpose.

(2)For this part, the threat level at a particular time is the threat level published on the National Terrorism Threat Advisory System website.

Notes—

1The threat level is ordinarily described as 1 of the following—

•certain

•expected

•probable

•possible

•not expected.

2The website for the National Terrorism Threat Advisory System is www.nationalsecurity.gov.au.

29Storage and use of security enhanced source—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is the secure storage and use of the security enhanced source.

(2)The measure prescribed under subsection (1) includes the following details—

(a)the location of the security enhanced source in the building or facility in which the source is to be—

(i)stored; or

(ii)used in carrying out the radiation practice;

(b)a plan of the building or facility in which the security enhanced source is to be—

(i)stored; or

(ii)used in carrying out the radiation practice.

30Control of access to, or use of, security enhanced source—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is the control of access to, or use of, the security enhanced source.

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)how access to the security enhanced source is to be controlled;

(b)the criminal history check or security check requirements for persons who may be allowed access to the security enhanced source;

(c)the arrangement for supervising persons who may be allowed access to the security enhanced source;

(d)the physical barriers to be used to deter and delay unauthorised access to the security enhanced source;

Examples of physical barriers—

tamper-proof locks, bolts, armoured cupboards

(e)the interval at which staff access to the security enhanced source is to be reviewed;

(f)when, between intervals, staff access to the security enhanced source is to be reviewed;

(g)the interval at which the details mentioned in paragraphs (a) to (d) are to be reviewed.

31Security equipment—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the following measures are prescribed—

(a)the installation and use of security equipment to protect the security enhanced source;

(b)the checking of the security equipment for wear and tear or correct operation.

(2)The measure prescribed under subsection (1)(a) includes the following details for each threat level—

(a)the security equipment that is to be used;

(b)how the security equipment is to be used.

(3)The measure prescribed under subsection (1)(b) includes each of the following details for each type of security equipment for each threat level—

(a)the checks to be undertaken to test wear and tear or correct operation of the equipment;

(b)the expected outcome of each check;

(c)the person who is to check the equipment, described by reference to the abilities of the person to perform the task;

(d)the interval at which the equipment is to be checked;

(e)how the actual outcome of the checks of the equipment is to be recorded;

(f)if the actual outcome of a check of the equipment is different from the expected outcome—the procedure to be followed to fix the deficiency;

(g)the procedures to be followed before, during and after a technical service of the equipment.

32Security persons and surveillance—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is the use of security persons and surveillance to guard the security enhanced source.

Examples of security persons—

a security officer, a hospital security officer, a protective security officer

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)the duties and responsibilities to be allocated to each of the security persons in relation to the measure;

(b)how surveillance of the security enhanced source is to be conducted.

33Confirmation of source—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is confirming the presence of the security enhanced source.

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)the interval at which a person is to confirm the presence of the security enhanced source;

(b)the person who is to confirm the presence of the security enhanced source, described by reference to the person’s abilities to perform the task.

34Security-related information—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the following measures are prescribed—

(a)maintaining the security of the security-related information for the security enhanced source;

(b)maintaining the security of inventories and documents related to the management of the security enhanced source.

(2)The measure prescribed under subsection (1)(a) includes details, for each threat level, of how the possession licensee proposes to ensure the security of the security-related information for the security enhanced source, including—

(a)who is to be responsible for the information; and

(b)what information is to be kept secure; and

(c)where the information is to be kept; and

(d)who is to be allowed access to the information; and

(e)how the information is to be kept secure.

(3)The measure prescribed under subsection (1)(b) includes details, for each threat level, of how the possession licensee proposes to record and maintain inventories and documents related to the management of the security enhanced source.

(4)In this section—

security-related information, for a security enhanced source, means information about the measures, systems, infrastructure and other things used for each threat level to secure the security enhanced source.

Example of security-related information—

information related to a particular security system, pin codes, passwords or the location of keys

35Security response arrangements—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the following measures are prescribed—

(a)the arrangements, and alternative arrangements, developed for responding to a security breach;

(b)the checking of the arrangements, and alternative arrangements, developed for responding to a security breach.

(2)The measure prescribed under subsection (1)(a) includes the following details for each threat level—

(a)the arrangements, and alternative arrangements, developed for responding to each type of security breach;

(b)the process for giving notice of a security breach.

(3)The measure prescribed under subsection (1)(b) includes each of the following details for each type of security breach for each threat level—

(a)the checks to be undertaken to test the arrangements, and alternative arrangements, developed for responding to the security breach;

(b)the expected outcome of each check;

(c)the interval at which the arrangements, and alternative arrangements, developed for responding to the security breach are to be checked;

(d)how the actual outcome of the checks of the arrangements, and alternative arrangements, developed for responding to the security breach is to be recorded;

(e)if the actual outcome of a check of the arrangements, or alternative arrangements, for responding to the security breach is different from the expected outcome—the procedure to be followed to fix the deficiency.

36Security briefings—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is providing security briefings to staff.

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)the security briefings staff are to attend;

(b)the interval at which staff are to attend particular security briefings.

37Change of threat level—Act, s 34A

(1)For section 34A(5) of the Act, definition security measures, the measure prescribed is updating security arrangements to adapt to a change in the threat level.

(2)The measure prescribed under subsection (1) includes the following details—

(a)the actions to be taken to adapt to the new threat level;

(b)the persons who are to take the actions, described by reference to the person’s abilities to perform the task.

38Transportation procedures—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the following measures are prescribed—

(a)procedures in relation to the transportation of the security enhanced source;

(b)the notification of relevant authorities about the transportation of the security enhanced source.

(2)The measure prescribed under subsection (1)(a) includes the following details for each threat level—

(a)the vehicle in which the security enhanced source is to be transported and the arrangement for securing the transport during the journey and while stopped en route;

(b)the planned principal route and an alternative route;

(c)a plan for each of the following—

(i)a vehicle accident;

(ii)a vehicle breakdown;

(iii)other interruptions.

(3)The measure prescribed under subsection (1)(b) includes the following details—

(a)the relevant contact details for each of the following persons—

(i)the consignor;

(ii)the consignee;

(iii)the carrier;

(iv)the delegate of the chief executive;

(v)if a guard or police service is involved in the transportation of the security enhanced source—the guard or police service;

(b)how, for each threat level, the persons mentioned in paragraph (a) are to communicate about the transport of the security enhanced source;

(c)the arrangement, for each threat level, for notifying or engaging 1 or more of the following in each jurisdiction in which the security enhanced source is to be transported—

(i)the authority responsible for regulating the security enhanced source;

(ii)the police service.

(4)In this section—

relevant contact details, for a person, includes—

(a)the person’s name; and

(b)the person’s business address; and

(c)the person’s phone number; and

(d)if the person’s after hours phone number is different from the phone number mentioned in paragraph (c)—the person’s after hours phone number.

39Control of access to security enhanced source during transport—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is the control of access to the security enhanced source during transport.

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)how access to the security enhanced source is to be controlled;

(b)the arrangement for supervising persons who may be allowed access to the security enhanced source;

(c)the interval at which staff access to the security enhanced source during transport is to be reviewed;

(d)when, between intervals, staff access to the security enhanced source during transport is to be reviewed;

(e)the interval at which the details mentioned in paragraphs (a) and (b) are to be reviewed.

40Transport security equipment—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the following measures are prescribed—

(a)the use of security-related equipment to protect the security enhanced source during transport;

(b)the checking of the security-related equipment for wear and tear or correct operation.

(2)The measure prescribed under subsection (1)(a) includes the following details of the security-related equipment to be used for each threat level—

(a)the type of equipment to be used;

(b)how and when the equipment is to be used;

(c)the person who is to check the equipment, described by reference to the abilities of the person to perform the task;

(d)how the actual outcome of the checks of the equipment is to be recorded;

(e)if the actual outcome of a check of the equipment is different from the expected outcome—the procedure to be followed to fix the deficiency.

Examples of security-related equipment—

bolts, containers, vehicle-tracking equipment

(3)The measure prescribed under subsection (1)(b) includes each of the following details for each type of security-related equipment for each threat level—

(a)the checks to be undertaken to test wear and tear or correct operation of the equipment;

(b)the expected outcome of each check;

(c)the person who is to check the equipment, described by reference to the abilities of the person to perform the task;

(d)the interval at which the equipment is to be checked;

(e)how the actual outcome of the checks of the equipment is to be recorded;

(f)if the actual outcome of a check of the equipment is different from the expected outcome—the procedure to be followed to fix the deficiency.

41Transport security persons—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is the use of transport security persons to guard the security enhanced source during transport.

Examples of transport security persons—

a security officer, a police officer

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)the duties and responsibilities to be allocated to each of the transport security persons in relation to the measure;

(b)the criminal history check or security check requirements each transport security person is to undergo to undertake the person’s transport-related activities with the security enhanced source.

42Confirmation of source—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is confirming the presence of the security enhanced source during transport.

(2)The measure prescribed under subsection (1) includes the following details for each threat level—

(a)the interval at which a person is to confirm the presence of the security enhanced source;

(b)the person who is to confirm the presence of the security enhanced source, described by reference to the person’s abilities to perform the task.

43Security-related information—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is maintaining the security of the security-related information for the transport of the security enhanced source.

(2)The measure prescribed under subsection (1) includes details, for each threat level, of how the holder of the transport security plan proposes to ensure the security-related information is to be secured, including—

(a)who is to be responsible for the information; and

(b)what information is to be kept secure; and

(c)where the information is to be kept; and

(d)who is to be allowed access to the information; and

(e)how the information is to be kept secure.

(3)In this section—

security-related information, for the transport of a security enhanced source, means information about the measures, systems, infrastructure and other things used for each threat level to secure the source during transport.

Examples of security-related information—

information related to travel routes, pin codes, passwords or the location of keys

44Transport security response arrangements—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the following measures are prescribed—

(a)the arrangements developed for responding to a security breach during the transport of the security enhanced source (the security response arrangements);

(b)the alternative arrangements developed for responding to a security breach during the transport of the security enhanced source (the alternative arrangements);

(c)the checking of the security response arrangements and the alternative arrangements.

(2)The measure prescribed under subsection (1)(a) includes the following details for each threat level—

(a)the security response arrangements for each type of security breach;

(b)the process for giving notice of a security breach.

(3)The measure prescribed under subsection (1)(b) includes the following details for each threat level—

(a)the alternative arrangements for each type of security breach;

(b)the process for giving notice of a security breach.

(4)The measure prescribed under subsection (1)(c) includes each of the following details for each type of security breach for each threat level—

(a)the checks to be undertaken to test the security response arrangements and the alternative arrangements;

(b)the expected outcome of each check;

(c)the interval at which the security response arrangements, and the alternative arrangements, are to be checked;

(d)how the actual outcome of the checks of the security response arrangements, and alternative arrangements, is to be recorded;

(e)if the actual outcome of a check of the security response arrangements, or alternative arrangements, is different from the expected outcome—the procedure to be followed to fix the deficiency.

45Transport security briefings—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is providing security awareness briefings for persons involved in transporting the security enhanced source.

(2)The measure prescribed under subsection (1) includes details of the information each person involved in transporting the security enhanced source is to be given about—

(a)the nature of the threat; and

(b)the threat level; and

(c)the security response arrangements; and

(d)the alternative arrangements.

(3)In this section—

alternative arrangements see section 44(1)(b).

security response arrangements see section 44(1)(a).

46Change of threat level—Act, s 34H

(1)For section 34H(5) of the Act, definition transport security measures, the measure prescribed is updating security arrangements to adapt to a change in the threat level.

(2)The measure prescribed under subsection (1) includes the following details—

(a)the actions to be taken to adapt to the new threat level;

(b)the persons who are to take the actions, described by reference to the person’s abilities to perform the task.

47Other information—Act, s 34H

For section 34H(2)(l) of the Act, the other particular prescribed is the purpose or reason for which the security enhanced source is being transported.

48Qualifications—Act, s 36

For section 36(3) of the Act, each of the qualifications stated in schedule 4, column 2 is prescribed for the radiation practice mentioned opposite in column 1 of the schedule.

49Functions—Act, s 37

For section 37(2)(b)(iii) of the Act, the other persons prescribed are—

(a)persons who observe the carrying out of the radiation practice, other than the persons mentioned in section 37(2)(b)(i) or (ii) of the Act; and

(b)if the radiation practice is a diagnostic or therapeutic procedure involving the irradiation of a person as the treated person—persons involved in carrying out the procedure, other than the persons mentioned in section 37(2)(b)(i) or (ii) of the Act.

50Information in personal monitoring record—Act, s 38

For section 38(4)(b) of the Act, all of the following information is prescribed—

(a)the name, gender and date of birth of the monitored person;

(b)the name and postal address of the licensee;

(c)the date the monitored person started to be monitored for any radiation doses received in relation to the carrying out of the radiation practice;

(d)if the monitored person stopped being monitored for any radiation doses received in relation to the carrying out of the radiation practice—the date the monitored person stopped being monitored;

(e)details of the basis for the monitored person being required to be provided with, or to wear, a personal monitoring device;

(f)the type of radiation to which the monitored person has been exposed in relation to the carrying out of the radiation practice;

(g)for each assessment of a personal monitoring device worn by the monitored person in relation to the carrying out of the radiation practice—

(i)the period to which the assessment relates; and

(ii)the estimated total effective dose, worked out under the assessment, for the monitored person for the period; and

(iii)details of the methodology used in the assessment.

51Definitions for division

In this division—

external effective dose, received by a person, means the total of the weighted equivalent doses for all organs and tissues of the person as a result of exposure of the organs and tissues to radiation emitted from ionising radiation sources external to the person’s body.

health-related exposure, of a person to ionising radiation, means the exposure of the person to ionising radiation—

(a)while undergoing a diagnostic or therapeutic procedure involving the irradiation of the person; or

(b)while involved in carrying out a diagnostic or therapeutic procedure involving the irradiation of a person, other than as occupational exposure or as the treated person; or

(c)while involved in carrying out a radiation practice, as a voluntary participant in health-related research.

internal effective dose, received by a person, means the effective dose from a radionuclide inhaled, ingested or introduced into the person’s body, calculated in accordance with—

(a)the document called ‘Occupational Intakes of Radionuclides: Part 1’, and known as ‘ICRP Publication 130’ prepared by the International Commission on Radiological Protection; and

(b)the relevant part of the series called ‘Occupational Intakes of Radionuclides’ for the radionuclide.

s 51 def internal effective dose amd 2023 SL No. 146 s 13(1)

natural background exposure, of a person to ionising radiation, means the exposure of the person to ionising radiation occurring naturally in the environment.

occupational exposure, of a person to ionising radiation, means the exposure of the person to ionising radiation in the course of the person’s work, other than exposure that is natural background exposure.

public exposure, of a person to ionising radiation, means the exposure of the person to ionising radiation, other than exposure that is health-related exposure, natural background exposure or occupational exposure.

relevant part, of the series called ‘Occupational Intakes of Radionuclides’, means any of the following documents—

(a)the document called ‘Occupational Intakes of Radionuclides: Part 2’, and known as ‘ICRP Publication 134’ prepared by the International Commission on Radiological Protection;

(b)the document called ‘Occupational Intakes of Radionuclides: Part 3’, and known as ‘ICRP Publication 137’ prepared by the International Commission on Radiological Protection;

(c)the document called ‘Occupational Intakes of Radionuclides: Part 4’, and known as ‘ICRP Publication 141’ prepared by the International Commission on Radiological Protection;

(d)the document called ‘Occupational Intakes of Radionuclides: Part 5’, and known as ‘ICRP Publication 151’ prepared by the International Commission on Radiological Protection.

s 51 def relevant part amd 2023 SL No. 146 s 13(2)

total effective dose, for a person for a period, means the total of the external effective doses and the internal effective doses received by the person during the period.

weighted equivalent dose, for a person’s organ or tissue that is exposed to radiation, means the product of—

(a)the tissue weighting factor for the organ or tissue stated in the glossary of the document called ‘Code for Radiation Protection in Planned Exposure Situations’ (2020) published by ARPANSA; and

(b)the equivalent dose for the organ or tissue.

52Exposure of particular persons—Act, s 37

(1)This section applies if the radiation source for the radiation practice mentioned in section 37(1) of the Act is an ionising radiation source.

(2)For section 37(2)(c)(i) of the Act, the following radiation dose limits are prescribed for the occupational exposure of a person to ionising radiation from the radiation source—

(a)for an adult, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 1;

(b)for a person who is 16 or 17 years, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 2;

(c)for a pregnant woman, while involved in carrying out the radiation practice—a total effective dose of 1mSv during the remainder of the pregnancy;

(d)for a person, other than while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 3.

(3)For subsection (2), a reference to a pregnant woman is a reference to a woman of whose pregnancy the person carrying out the radiation practice is aware, or ought reasonably be aware.

53Exposure of particular persons—Act, s 41

(1)This section applies if the radiation source for the diagnostic or therapeutic procedure mentioned in section 41(5) of the Act is an ionising radiation source.

(2)For section 41(5) of the Act, the following radiation dose limits are prescribed for the occupational exposure of a person to ionising radiation from the radiation source—

(a)for an adult, other than a pregnant woman—each of the doses stated in schedule 5, part 1;

(b)for a person who is 16 or 17 years, other than a pregnant woman—each of the doses stated in schedule 5, part 2;

(c)for a pregnant woman—a total effective dose of 1mSv during the remainder of the pregnancy.

(3)For subsection (2), a reference to a pregnant woman is a reference to a woman of whose pregnancy the use licensee carrying out the diagnostic or therapeutic procedure is aware, or ought reasonably be aware.

54Exposure of particular persons—Act, s 42

(1)This section applies if the radiation source for the radiation practice mentioned in section 42(1) of the Act is an ionising radiation source.

(2)For section 42(2) of the Act, the following radiation dose limits are prescribed for the occupational exposure of a person to ionising radiation from the radiation source—

(a)for an adult, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 1;

(b)for a person who is 16 or 17 years, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 2;

(c)for a pregnant woman, while involved in carrying out the radiation practice—a total effective dose of 1mSv during the remainder of the pregnancy;

(d)for a person, other than while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 3.

(3)For subsection (2), a reference to a pregnant woman is a reference to a woman of whose pregnancy the person carrying out the radiation practice is aware, or ought reasonably be aware.

55Radiation hazards—Act, ss 127, 132 and 133

(1)This section applies if the thing mentioned in section 127(1)(a), 132(4)(b) or 133(2)(c) of the Act is an ionising radiation source used to carry out a radiation practice.

(2)For sections 127(1)(b), 132(4)(b) and 133(2)(c) of the Act, the following radiation dose limits are prescribed for the occupational exposure of a person to ionising radiation from the radiation source—

(a)for an adult, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 1;

(b)for a person who is 16 or 17 years, other than a pregnant woman, while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 2;

(c)for a pregnant woman, while involved in carrying out the radiation practice—a total effective dose of 1mSv during the remainder of the pregnancy;

(d)for a person, other than while involved in carrying out the radiation practice—each of the doses stated in schedule 5, part 3.

(3)For subsection (2), a reference to a pregnant woman is a reference to a woman of whose pregnancy the inspector is aware, or ought reasonably be aware.

56Exposure of particular persons—Act, ss 37 and 42

(1)This section applies if the radiation source for the radiation practice mentioned in section 37(1) or 42(1) of the Act is an ionising radiation source.

(2)For sections 37(2)(c)(i) and 42(2) of the Act, the radiation dose limits prescribed for the public exposure of a person to ionising radiation from the radiation source are each of the doses stated in schedule 5, part 3.

57Radiation hazards—Act, ss 127, 132 and 133

(1)This section applies if the thing mentioned in section 127(1)(a), 132(4)(b) or 133(2)(c) of the Act is an ionising radiation source.

(2)For sections 127(1)(b), 132(4)(b) and 133(2)(c) of the Act, the radiation dose limits prescribed for the public exposure of a person to ionising radiation from the radiation source are each of the radiation doses stated in schedule 5, part 3.

58Exposure of particular persons—Act, ss 37 and 41

(1)This section applies if—

(a)a use licensee, under the licence, uses an ionising radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person as the treated person; and

(b)a person, other than the treated person, involved in carrying out the procedure is exposed to ionising radiation.

(2)For sections 37(2)(c)(i) and 41(5) of the Act, the radiation dose limit prescribed for the exposure of the person involved in carrying out the diagnostic or therapeutic procedure to ionising radiation from the radiation source is a total effective dose of 5mSv in any 12-month period.

(3)Subsection (2) does not apply if the exposure is an occupational exposure to the ionising radiation.

58AExposure of particular persons—Act, s 42A

For section 42A(2) of the Act, the following radiation dose limits are prescribed for ionising radiation—

(a)for the occupational exposure of an adult—a total effective dose of 20mSv in any 12-month period;

(b)for the occupational exposure of a person who is 16 or 17 years—a total effective dose of 6mSv in any 12-month period;

(c)for the public exposure of a person—a total effective dose of 1mSv in any 12-month period.

s 58A ins 2023 SL No. 159 s 4

59Radiation hazards—Act, ss 127, 132 and 133

(1)This section applies if—

(a)the thing mentioned in section 127(1)(a), 132(4)(b) or 133(2)(c) of the Act is an ionising radiation source; and

(b)the place mentioned in section 127(1)(a) of the Act is a place at which a diagnostic or therapeutic procedure involving the irradiation of a person is carried out.

(2)For sections 127(1)(b), 132(4)(b) and 133(2)(c) of the Act, the radiation dose limit prescribed for the exposure of a person, other than a treated person, to ionising radiation from the radiation source is a total effective dose of 5mSv in any 12-month period.

(3)Subsection (2) does not apply if the exposure is an occupational exposure to the ionising radiation.

61Exposure of particular persons to non-ionising radiation—Act, s 37

(1)This section applies if the radiation source mentioned in section 37(1) of the Act is a laser apparatus used to carry out a diagnostic, therapeutic or cosmetic procedure.

(2)For section 37(2)(c)(ii) of the Act, the radiation dose limit prescribed for the exposure of a person to non-ionising radiation from the radiation source is the radiation dose resulting from exposure to the maximum permissible exposure values calculated in accordance with Annex A of the laser standard.

62Exposure of particular persons to non-ionising radiation—Act, s 41

(1)This section applies if the radiation source for the radiation practice mentioned in section 41(5) of the Act is a laser apparatus used to carry out a diagnostic or therapeutic procedure.

(2)For section 41(5) of the Act, the radiation dose limit prescribed for the exposure of a person to non-ionising radiation from the radiation source is the radiation dose resulting from exposure to the maximum permissible exposure values calculated in accordance with Annex A of the laser standard.

63Exposure of particular persons to non-ionising radiation during cosmetic procedure—Act, s 42

(1)This section applies if the radiation source for the radiation practice mentioned in section 42(1) of the Act is a laser apparatus used to carry out a cosmetic procedure.

(2)For section 42(2) of the Act, the radiation dose limit prescribed for the exposure of a person to non-ionising radiation from the radiation source is the radiation dose resulting from exposure to the maximum permissible exposure values calculated in accordance with Annex A of the laser standard.

64Radiation hazards—Act, ss 127, 132 and 133

(1)This section applies if the thing mentioned in section 127(1)(a), 132(4)(b) or 133(2)(c) of the Act is a radiation apparatus that is a laser.

(2)For sections 127(1)(b), 132(4)(b) and 133(2)(c) of the Act, the radiation dose limit prescribed for the exposure of a person to non-ionising radiation from the radiation apparatus is the radiation dose resulting from exposure to the maximum permissible exposure values calculated in accordance with Annex A of the laser standard.

65Authorised persons for diagnostic or therapeutic procedures—Act, s 41

For section 41(1) of the Act—

(a)for a diagnostic procedure stated in schedule 6, part 1, column 1, a person stated in schedule 6, part 1, column 2 opposite the procedure is an authorised person; or

(b)for a therapeutic procedure stated in schedule 6, part 2, column 1, a person stated in schedule 6, part 2, column 2 opposite the procedure is an authorised person.

66Physician assistant authorised under practice plan—Act, s 41

(1)For section 41(1) of the Act, a physician assistant is authorised to request a diagnostic procedure stated in schedule 6, part 1, column 1 if—

(a)the practice plan for the physician assistant states that the physician assistant may request the diagnostic procedure; and

(b)the physician assistant requests the diagnostic procedure under the supervision of the physician assistant’s supervising medical officer; and

(c)the supervising medical officer is authorised under section 65 to request the diagnostic procedure.

(2)In this section—

physician assistant means a person—

(a)appointed by the chief executive, and employed by the department, as a physician assistant; or

(b)appointed by a Hospital and Health Service, and employed by the Service, as a physician assistant.

practice plan, for a physician assistant, means a document that—

(a)is developed and signed by the physician assistant and the physician assistant’s supervising medical officer; and

(b)states the circumstances and conditions for a physician assistant to request a specified diagnostic procedure; and

(c)is in a form approved by the chief executive.

supervising medical officer, for a physician assistant, means a person who—

(a)is a medical practitioner; and

(b)supervises the work performed by the physician assistant in the physician assistant’s employment with the department or a Hospital and Health Service.

s 66 amd 2024 SL No. 92 s 16

67Banned radiation source for possession—Act, s 47

For section 47(1) of the Act, a relevant solarium is prescribed to be a banned radiation source in relation to the possession of the relevant solarium.

68Applications requiring proof of identity—Act, s 51

For section 51(2) of the Act, the following Act instruments are prescribed—

(a)a licence;

(b)an accreditation certificate;

(c)a radiation safety officer certificate.

s 68 sub 2022 SL No. 87 s 17

69Prescribed sealed radioactive substance—Act, s 52

(1)For section 52(2) of the Act, definition prescribed sealed radioactive substance, an iodine-125 seed with an activity of not more than 40MBq is prescribed for brachytherapy.

(2)In this section—

iodine-125 seed means iodine-125 as a sealed radioactive substance.

70Standard conditions for possession, use and transport licences—Act, s 75

(1)For section 75(3) of the Act, the code, protocol, standard or document mentioned in column 2 of the following table, and published by ARPANSA, is prescribed for the radiation practice mentioned opposite in column 1 of the table—

	Column 1 Radiation practice to which the possession licence or use licence relates	Column 2 Code, protocol, standard or document
1	possess or use an ionising radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of an animal	Code of Practice for Radiation Protection in Veterinary Medicine (2009)
2	possess or use an ionising radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person	Code for Radiation Protection in Medical Exposure (2019)
3	possess or use an ionising radiation source to carry out a diagnostic procedure involving the irradiation of a person by a chiropractor	Code of Practice for Radiation Protection in the Application of Ionizing Radiation by Chiropractors (2009)
4	possess or use an ionising radiation source for dental plain diagnostic imaging involving the irradiation of a person	Code of Practice for Radiation Protection in Dentistry (2005)
5	possess or use an ionising radiation source for conducting health-related research on persons	Code of Practice for the Exposure of Humans to Ionizing Radiation for Research Purposes (2005)
6	possess or use an ionising radiation source for industrial gauging	Code of Practice for Safe Use of Fixed Radiation Gauges (2007)
7	possess or use a radiation source that is a security enhanced source	Code of Practice for the Security of Radioactive Sources (2019)
8	possess or use a radioactive substance to carry out a diagnostic or therapeutic procedure involving the irradiation of a person	Recommendations for the Discharge of Patients Undergoing Treatment with Radioactive Substances (2002)
9	possess or use a sealed source apparatus for density gauging or moisture gauging for geotechnical purposes	Code of Practice for Portable Density/Moisture Gauges Containing Radioactive Sources (2004)

(2)For section 75(4) of the Act, the codes, protocols, standards or documents prescribed are—

(a)for the transport of any radioactive substance—the transport code of practice; and

(b)for the transport of a radiation source that is a security enhanced source—the ‘Code of Practice for the Security of Radioactive Sources (2019)’ published by ARPANSA.

71Notification of change in circumstances—Act, s 92

(1)For section 92(2) of the Act, the following changes in the holder’s circumstances are prescribed—

(a)for the holder of a licence—

(i)if the licence holder is not a prescribed licensee—a change in the holder’s name; or

(ii)if the licence is a use licence and the holder is a health practitioner or a veterinary surgeon—

(A)a change in the holder’s accreditation, enrolment or registration as a health practitioner or a veterinary surgeon; or

(B)a change in a condition attaching to the holder’s accreditation, enrolment or registration;

(b)for the holder of an accreditation certificate—

(i)a change in the holder’s name; or

(ii)a change in the holder’s contact details;

(c)for the holder of a continuing approval to acquire—a change in the holder’s name;

(d)for the holder of a radiation safety officer certificate—a change in the holder’s name.

(2)In this section—

veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.

72Relevant offence—Act, sch 2

For schedule 2 of the Act, definition relevant offence, paragraph (d), each of the following offences is prescribed—

(a)an offence against the Criminal Code (Cwlth), chapter 5;

(b)an offence against a State law corresponding to an offence mentioned in the Criminal Code (Cwlth), part 5.1, other than an offence mentioned in schedule 2 of the Act, definition relevant offence, paragraph (a), (b) or (c);

(c)an offence against the Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cwlth), section 9;

(d)an offence against the Customs Act 1901 (Cwlth) relating to the importation or exportation of radioactive material;

(e)an identity-related offence, including an offence related to—

(i)assuming another person’s identity; or

(ii)counterfeiting documents related to a person’s identity; or

(iii)falsifying documents related to a person’s identity;

(f)an offence related to the hijacking or destruction of an aircraft or sea vessel;

(g)an offence involving an explosive, including an offence related to possession or supply;

(h)an offence involving a weapon, including an offence related to—

(i)use or possession, other than of a firearm; or

(ii)supply, production, importation or exportation;

(i)an offence involving a prohibited drug, including an offence related to—

(i)possession, if the maximum penalty prescribed is more than 2 years imprisonment; or

(ii)possession of equipment for the manufacture of a prohibited drug; or

(iii)supply, other than sale.

pt 11 div 2 sdiv 1 hdg ins 2024 SL No. 92 s 17

73Definitions for division

In this division—

approved program of study, for a health profession, see the Health Practitioner Regulation National Law, section 5.

approved qualification, for a health profession, see the Health Practitioner Regulation National Law, section 5.

s 73 sub 2024 SL No. 92 s 17

73ADentists

(1)For section 103K(1)(a) of the Act, the class of persons who are dentists is prescribed.

(2)For section 103K(2)(a) of the Act, registration under the Health Practitioner Regulation National Law to practise in the dentistry profession is prescribed.

(3)For section 103K(2)(b) of the Act, the radiation source a dentist is allowed to use is an intra-oral dental plain diagnostic imaging x-ray radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practice a dentist is allowed to carry out is intra-oral dental plain diagnostic imaging involving the irradiation of a person.

s 73A ins 2024 SL No. 92 s 17

73BParticular students in dental profession

(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the following divisions of the dental profession—

(a)the dentists division;

(b)the dental hygienists division;

(c)the dental therapists division;

(d)the oral health therapists division.

(2)For section 103K(1)(a) and (2)(a) of the Act, the classes of persons mentioned in subsection (1) are prescribed.

(3)For section 103K(2)(b) of the Act, the radiation source a prescribed licensee under this section is allowed to use is an intra-oral or extra-oral dental plain diagnostic imaging x-ray radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practice a prescribed licensee under this section is allowed to carry out is intra-oral or extra-oral dental plain diagnostic imaging involving the irradiation of a person.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3) in the course of supervised activities undertaken as part of—

(a)an approved program of study for the dental profession; or

(b)clinical training in the dental profession.

s 73B ins 2024 SL No. 92 s 17

73CStudent diagnostic radiographers

(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the diagnostic radiographers division of the medical radiation practice profession.

(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.

(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a plain diagnostic imaging x-ray radiation apparatus;

(b)a fluoroscopic imaging x-ray radiation apparatus;

(c)a computed tomography imaging x-ray radiation apparatus;

(d)a dual energy x-ray absorptiometry radiation apparatus;

(e)a mammographic imaging x-ray radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)plain diagnostic imaging involving the irradiation of a person;

(b)fluoroscopic imaging involving the irradiation of a person during—

(i)general procedures; or

(ii)interventional angiographic procedures;

(c)computed tomography imaging involving the irradiation of a person;

(d)bone mineral densitometry involving the irradiation of a person;

(e)mammographic imaging involving the irradiation of a person.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

(b)if the prescribed licensee obtains an approved qualification for the medical radiation practice profession and is employed by a Hospital and Health Service—in the course of the employment during the 6 month period starting on the day the prescribed licensee obtains the approved qualification.

s 73C ins 2024 SL No. 92 s 17

73DStudent radiation therapists

(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the radiation therapist division of the medical radiation practice profession.

(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.

(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a plain diagnostic imaging x-ray radiation apparatus;

(b)a computed tomography imaging x-ray radiation apparatus;

(c)a kilovolt energy or megavolt energy x-ray or electron beam radiation therapy radiation apparatus.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)radiation therapy treatment planning involving irradiation of a person;

(b)radiation therapy involving the irradiation of a person.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

(b)if the prescribed licensee obtains an approved qualification for the medical radiation practice profession and is employed by a Hospital and Health Service—in the course of the employment during the 6 month period starting on the day the prescribed licensee obtains the approved qualification.

s 73D ins 2024 SL No. 92 s 17

73EStudent nuclear medicine technologists

(1)This section applies in relation to persons registered under the Health Practitioner Regulation National Law to practise, as students, in the nuclear medicine technologist division of the medical radiation practice profession.

(2)For section 103K(1)(a) and (2)(a) of the Act, the class of persons mentioned in subsection (1) is prescribed.

(3)For section 103K(2)(b) of the Act, the radiation sources a prescribed licensee under this section is allowed to use are the following—

(a)a computed tomography imaging x-ray radiation apparatus;

(b)an unsealed radioactive substance in the form of a radiopharmaceutical;

(c)a dual energy x-ray absorptiometry radiation apparatus;

(d)a sealed radioactive substance.

(4)For section 103K(2)(c) of the Act, the radiation practices a prescribed licensee under this section is allowed to carry out are the following—

(a)nuclear medicine diagnostic imaging involving the irradiation of a person;

(b)bone mineral densitometry involving the irradiation of a person;

(c)nuclear medicine quality assurance.

(5)For section 103K(4) of the Act, a prescribed licensee under this section must only use a radiation source mentioned in subsection (3)—

(a)in the course of supervised activities undertaken as part of—

(i)an approved program of study for the medical radiation practice profession; or

(ii)clinical training in the medical radiation practice profession; or

(b)if the prescribed licensee obtains an approved qualification for the medical radiation practice profession and is employed by a Hospital and Health Service—in the course of the employment during the 6 month period starting on the day the prescribed licensee obtains the approved qualification.

s 73E ins 2024 SL No. 92 s 17

pt 11 div 2 sdiv 2 hdg ins 2024 SL No. 92 s 17

74Authority holders for transporting radioactive substances—Act, s 103K

(1)For section 103K(1)(b) of the Act, the class of persons prescribed is persons holding an authority under a corresponding transport law to transport a radioactive substance.

(2)For section 103K(4) of the Act, the condition prescribed is that the prescribed licensee may only transport the radioactive substance into Queensland.

(3)In this section—

authority includes an accreditation, approval, certification or licence.

corresponding transport law means a law of another State or the Commonwealth relating to the transportation of radioactive substances.

s 74 amd 2024 SL No. 92 s 18

75Register of licensees—Act, s 207

For section 207(2) of the Act, for the register about licensees, other than prescribed licensees, the following information for each licensee is prescribed—

(a)the licensee’s name;

(b)the licence number;

(c)the licence type;

(d)the expiry date of the licence;

(e)any conditions of the licence, other than a condition imposed under section 75(3) or (4) of the Act;

(f)if the licensee is a possession licensee—

(i)particulars of the radiation source the licensee is allowed to possess; and

(ii)the radiation practice for which the licensee is allowed to possess the source;

(g)if the licensee is a use licensee—

(i)particulars of the radiation source the licensee is allowed to use; and

(ii)the radiation practice the licensee is allowed to carry out using the source;

(h)if the licensee is a transport licensee—

(i)particulars of the radioactive substance the licensee is allowed to transport; and

(ii)how the substance is to be transported; and

(iii)the amount of the substance the licensee is allowed to transport at a time.

76Register of accredited persons—Act, s 207

For section 207(2) of the Act, for the register about accredited persons, the following information for each accredited person is prescribed—

(a)the accredited person’s name;

(b)the accreditation certificate number;

(c)the expiry date of the accreditation certificate;

(d)any conditions of the accreditation certificate;

(e)the type of radiation source or premises for which the accredited person may issue a certificate of compliance;

(f)the accredited person’s contact details.

77Register of qualified persons—Act, s 207

For section 207(2) of the Act, for the register about qualified persons, the following information for each qualified person is prescribed—

(a)the qualified person’s name;

(b)the radiation safety officer certificate number;

(c)the expiry date of the radiation safety officer certificate;

(d)any conditions of the radiation safety officer certificate;

(e)the radiation practice for which the qualified person may perform the functions of a radiation safety officer.

78Register of inspectors—Act, s 207

For section 207(2) of the Act, for the register about inspectors, the following information for each inspector is prescribed—

(a)the inspector’s name;

(b)the term, if any, of the inspector’s appointment;

(c)any conditions of the inspector’s appointment.

79Register of State radiation analysts—Act, s 207

For section 207(2) of the Act, for the register about State radiation analysts, the following information for each State radiation analyst is prescribed—

(a)the analyst’s name;

(b)the term, if any, of the analyst’s appointment;

(c)any conditions of the analyst’s appointment.

80Register of suspended or cancelled prescribed licensees—Act, s 207

For section 207(2) of the Act, for the register about prescribed licensees whose licences have been suspended or cancelled, the following information for each prescribed licensee is prescribed—

(a)if the licensee’s licence has been suspended and the period of suspension has not ended—

(i)the licensee’s name; and

(ii)the day the decision to suspend the licence takes effect; and

(iii)the period of the suspension;

(b)if the licensee’s licence has been cancelled—

(i)the licensee’s name; and

(ii)the day the decision to cancel the licence takes effect.

81Disclosure of protected information—Act, s 209

For section 209(4) of the Act, the following purposes are prescribed—

(a)for the development of a plan to avoid or limit the impact of an emergency situation on persons, property or the environment;

(b)to enable a person dealing with an emergency situation to know the hazards, or possible hazards, the person may face in dealing with the emergency situation;

(c)to protect national security, including, for example—

(i)to facilitate the tracking of a radiation source within or outside Australia; and

(ii)to enable a State or national alert, advisory documents and other relevant information to be provided about an incident involving a radiation source; and

(iii)in the case of a serious breach relating to the security of a radiation source, to enable a coordinated response to be initiated and implemented; and

(iv)to monitor and evaluate initiatives implemented to ensure the security of radiation sources; and

(v)to help the development, review or improvement of policies, operational guidelines, codes, standards or legislation relating to national security; and

(vi)to develop or implement training programs about the security of radiation sources, including policies, codes, standards or legislation relating to the programs; and

(vii)to undertake or facilitate research about best practice associated with the security of radiation sources.

82Prescribed radiation practice—Act, s 13

(1)For section 13(3) of the Act, definition prescribed radiation practice, the following radiation practices are prescribed—

(a)industrial radiography involving the use of an ionising radiation source;

(b)borehole or well logging involving the use of a sealed source apparatus;

(c)density gauging, or moisture gauging, for geotechnical purposes, involving the use of a sealed source apparatus;

(d)the preparation of a radioactive substance or radiation apparatus, or assembly of a sealed source apparatus, for use in carrying out a diagnostic or therapeutic procedure involving the irradiation of a person;

(e)the commissioning, maintenance or repair of a radiation source or sealed source apparatus;

(f)the compliance testing of a radiation source by a relevant accredited person for a radiation source of that type, involving the use of the source or another radiation source;

(g)the compliance testing of premises by a relevant accredited person for premises of that type, involving the use of a radiation source;

(h)the undertaking of quality control procedures, in relation to—

(i)a radiation source, involving the use of another radiation source; or

(ii)a sealed source apparatus, involving the use of a radiation source.

(2)In this section—

compliance testing, of a radiation source or premises, means assessing whether the source or premises comply with the relevant radiation safety standard.

relevant accredited person, for a type of radiation source or premises, means an accredited person who, under the person’s accreditation certificate, is allowed to issue a certificate of compliance for the type of radiation source or premises.

83Use licence not required for particular training—Act, s 13

(1)For section 13(2)(b)(ii) of the Act, the following training is prescribed—

(a)training requiring a person to use a radiation source at an educational institution, other than—

(i)training involving the actual irradiation by the trainee of a person as part of a diagnostic or therapeutic procedure; or

(ii)training requiring a person to use a non-ionising radiation apparatus for a cosmetic purpose;

(b)training, approved by the chief executive, requiring a person to use a radiation source at an educational institution or other entity.

(2)For subsection (1)(b), the chief executive must, by notice published on the department’s website, approve training at an educational institution or other entity if the chief executive is satisfied—

(a)the training requires students to undertake practical and theoretical training to complete the course of study; and

(b)the practical training provided by the educational institution or entity is of an acceptable standard; and

(c)the theoretical training provided by the educational institution or entity is of an acceptable standard; and

(d)the educational institution or entity assesses—

(i)the competency of students on completion of the practical training; and

(ii)the theoretical components of the training provided in the course of study.

(3)A list of all of the training approved by the chief executive for subsection (1)(b) must be published on the department’s website.

(4)In this section—

non-ionising radiation apparatus means an apparatus mentioned in schedule 2 of the Act, definition radiation apparatus, paragraph (c) or (d).

pt 14 div 2 hdg amd 2023 SL No. 159 s 6

84Exemption from requirement for possession licence and particular approvals—Act, s 210

For section 210 of the Act, a radioactive substance containing the radionuclide americium-241, hydrogen-3 or nickel-63 is exempt from sections 12, 23, 24 and 25 of the Act if—

(a)the radioactive substance is incorporated in a sealed source apparatus; and

(b)the apparatus is used for gas chromatography or ion mobility spectrometry.

85Exemption from requirement for use licence—Act, s 210

(1)For section 210 of the Act, the following radiation sources are exempt from section 13 of the Act—

(a)the sealed radioactive substance incorporated in a sealed source apparatus, if the apparatus is used for chemical analysis or industrial gauging;

(b)a sealed radioactive substance, having an activity of not more than 370MBq, used for—

(i)calibration checks of measuring instruments; or

(ii)a quality control procedure undertaken for—

(A)another radiation source or a sealed source apparatus; or

(B)if another radiation source is used to carry out a radiation practice involving the production of images—any ancillary imaging equipment used in connection with the use of the other source to carry out the practice;

(c)a sealed radioactive substance, having an activity of not more than 4MBq, used for transferring anatomical landmarks to images produced using a gamma camera;

(d)a radioactive substance, having an activity of not more than 500kBq, used for an in vitro test;

(e)a sealed radioactive substance used for static elimination.

(2)For section 210 of the Act, the following radiation sources are exempt from section 13 of the Act, other than to the extent the radiation source is used by a person who is carrying out the commissioning, maintenance or repair of the source—

(a)a cabinet radiation apparatus used for its intended use;

(b)an enclosed analytical apparatus used for its intended use;

(c)an enclosed radiation apparatus used for its intended use;

(d)a laser apparatus designed only for puncturing a person’s skin to obtain capillary blood samples;

(e)the sealed radioactive substance incorporated in a sealed source apparatus, if the apparatus is used for irradiation for sterilisation, disinfestation or similar purposes;

(f)a radiation apparatus used for irradiation for sterilisation, disinfestation or similar purposes;

(g)a radiation apparatus used for industrial gauging.

(3)In this section—

enclosed analytical apparatus means an ionising radiation apparatus, used for chemical analysis, in which—

(a)the radiation source, the sample for analysis and the equipment irradiated in the analytical process are enclosed in a chamber, or coupled chambers, designed to prevent any person being exposed to the primary X-ray beam of the apparatus during normal operation of the apparatus; and

(b)access to the primary X-ray beam in the chamber, or coupled chambers, of the apparatus is prevented by an interlock.

interlock, for an enclosed analytical apparatus, means a device or mechanism that—

(a)prevents the primary X-ray beam of the apparatus from entering the chamber, or coupled chambers, of the apparatus unless the device or mechanism is engaged; and

(b)if disengaged, causes the primary X-ray beam of the apparatus to immediately stop entering the chamber, or coupled chambers, of the apparatus; and

(c)if re-engaged after being disengaged, prevents the automatic resumption of irradiation by the apparatus.

86Exemption from requirement for transport licence—Act, s 210

(1)For section 210 of the Act, a radioactive substance enclosed in an excepted package is exempt from sections 14 and 15 of the Act if the package is transported in accordance with the transport code of practice.

(2)Subsection (3) applies to a sealed radioactive substance incorporated in a sealed source apparatus if the apparatus is used by a use licensee under a use licence to carry out 1 of the following radiation practices—

(a)borehole or well logging;

(b)density gauging, or moisture gauging, for geotechnical purposes;

(c)industrial radiography.

(3)For section 210 of the Act, the sealed radioactive substance is exempt from sections 14 and 15 of the Act if the sealed source apparatus is transported by the use licensee in accordance with the transport code of practice.

(4)In this section—

excepted package has the meaning given by the transport code of practice.

87Smoke detectors—Act, s 210

(1)For section 210 of the Act—

(a)a radioactive substance incorporated in a domestic smoke detector is exempt from sections 12, 13, 23, 24, 25 and 26 of the Act; and

(b)a radioactive substance incorporated in an ionisation chamber smoke detector that is not a domestic smoke detector is exempt from sections 12, 13, 23, 24 and 25 of the Act if the detector was—

(i)acquired before 1 January 2000; or

(ii)manufactured in accordance with AS 1603.2-1997 (Automatic fire detection and alarm systems, Part 2: Point type smoke detectors).

(2)However, subsection (1) does not apply while the smoke detector is being manufactured or repaired.

(3)In this section—

domestic smoke detector means an ionisation chamber smoke detector that—

(a)contains the radionuclide americium-241 with an activity of not more than 37kBq; and

(b)was manufactured in accordance with AS 3786-1993 (Smoke alarms), second edition.

88Particular radioactive substances incorporated in items to produce light—Act, s 210

(1)For section 210 of the Act—

(a)a radioactive substance containing the radionuclide promethium-147 or hydrogen-3, incorporated in an item to produce light, is exempt from sections 12, 13, 23, 24, 25 and 26 of the Act; and

(b)a radioactive substance containing the radionuclide radium-226, incorporated in an item to produce light, is exempt from sections 12, 13, 23, 24 and 25 of the Act; and

(c)a radioactive substance containing the radionuclide krypton-85, incorporated in an item to produce, or help to produce light, is exempt from sections 12, 13, 23, 24, 25 and 26 of the Act.

(2)However, subsection (1) does not apply while the item is being manufactured or repaired.

(3)Also, subsection (1) does not apply if the item is a gaseous tritium light device.

89Gaseous tritium light devices—Act, s 210

For section 210 of the Act, a radioactive substance containing the radionuclide hydrogen-3 with an activity of less than 74GBq, incorporated as a sealed radioactive substance in a gaseous tritium light device, is exempt from sections 12, 13, 23, 24 and 25 of the Act if—

(a)the device is being used as a safety, or warning, sign; and

(b)not more than 2% of the radionuclide is contained in water.

90Depleted uranium—Act, s 210

(1)For section 210 of the Act, a radioactive substance that is depleted uranium is exempt from sections 12, 14, 15, 23, 24 and 25 of the Act if the uranium—

(a)is being used as ballast in an aircraft or ship; and

(b)is totally encased in a metallic sheath; and

(c)is in solid massive form.

(2)In this section—

depleted uranium means uranium containing less than 0.72% of the radionuclide uranium-235.

91Sealed radioactive substances used in teaching—Act, s 210

(1)This section applies to a sealed radioactive substance containing a radionuclide mentioned in column 1 of the following table if the activity of the radionuclide is not more than the activity mentioned in column 2 of the table opposite the radionuclide—

Table

Column 1	Column 2
Radionuclide	Activity (kBq)
cobalt-60	200
strontium-90	80
caesium-137	200
radium-226	20
americium-241	40

(2)For section 210 of the Act, the sealed radioactive substance is exempt from section 13 of the Act if it is being used for teaching students about the characteristics and properties of radiation or radiation sources.

92Minerals—Act, s 210

(1)This section applies to a sample of a mineral that is a radioactive substance.

(2)For section 210 of the Act, the radioactive substance is exempt from sections 12, 23, 24 and 25 of the Act if—

(a)it emits radiation at a level not more than 5 micrograys per hour, measured at a distance of 10cm from its surface; and

(b)it is being used—

(i)as a sample in teaching; or

(ii)for display as a geological specimen.

93Abrasive blasting material containing radionuclides—Act, s 210

(1)This section applies to a radioactive substance that is abrasive blasting material if—

(a)the abrasive blasting material is being used in abrasive blasting; and

(b)the abrasive blasting material contains thorium or uranium radionuclides.

(2)For section 210 of the Act, the radioactive substance is exempt from sections 12, 23, 24 and 25 of the Act if the amount worked out, using the formula, in relation to the material is not more than 1—

where—

Th means the total concentration, stated in Bq per gram, of any thorium radionuclides and their progeny contained in the material.

U means the total concentration, stated in Bq per gram, of any uranium radionuclides and their progeny contained in the material.

(3)Further, a radioactive substance that is, under subsection (2), exempt from sections 12, 23, 24 and 25 of the Act is also exempt from section 26 of the Act if the gross alpha and gross beta concentrations in the leachate worked out under the TCLP are each equal to or less than the concentration stated in the Australian drinking water guidelines for the radionuclide multiplied by 10.

(4)In this section—

abrasive blasting material means material that could reasonably be used for abrasive blasting.

94Persons administered radionuclide as part of diagnostic or therapeutic procedure—Act, s 210

(1)This section applies if—

(a)a person has been administered a radionuclide as part of a diagnostic or therapeutic procedure; and

(b)as a result of the procedure, some or all of the radionuclide or its progeny is in the person’s bodily waste.

(2)For section 210 of the Act, the person’s bodily waste is exempt from section 26 of the Act only to the extent it is disposed of by the person.

s 94 amd 2023 SL No. 159 s 7

95Radionuclide krypton-85 incorporated in cold cathode gas discharge tube—Act, s 210

(1)For section 210 of the Act, a radioactive substance containing the radionuclide krypton-85, incorporated in a cold cathode gas discharge tube, is exempt from sections 12, 13, 23, 24, 25 and 26 of the Act.

(2)However, subsection (1) does not apply while the cold cathode gas discharge tube is being manufactured or repaired.

96Thoriated products—Act, s 210

(1)For section 210 of the Act, a radioactive substance containing natural thorium is exempt from sections 12, 23, 24, 25 and 26 of the Act if—

(a)the substance is incorporated in an alloy used in a component of an automotive or aircraft engine; or

(b)the substance is incorporated in a tungsten welding electrode and a warning statement is given to each person who is to use the electrode for welding.

Example of giving a person a warning statement—

giving the person the electrode in packaging clearly showing the warning statement

(2)In this section—

warning statement means a statement about—

(a)the radiation hazard arising from inhaling or ingesting filings from a tungsten welding electrode when preparing the electrode for arc welding; and

(b)the measures for preventing or minimising the radiation hazard.

97Particular lasers—Act, s 210

(1)For section 210 of the Act, a radiation apparatus that is a laser, other than a laser apparatus, is exempt from sections 12, 13, 23, 24, 25, 27 and 27A of the Act if the labelling and information requirements for the laser are complied with.

(2)In this section—

labelling and information requirements, for a laser, means the requirements about labelling and information stated for the laser in clauses 6 and 7 of the laser standard.

98Fees—general

The fees payable under the Act are stated in schedule 8.

99Fees—Act, s 51

(1)This section prescribes the fees for section 51(1)(c)(i) of the Act.

(2)For an application for a possession licence, the fee is the total of the following—

(a)an application fee;

(b)a licence fee consisting of—

(i)a base fee; and

(ii)a fee calculated having regard to—

(A)if the radiation source is a radioactive substance—the number of sealed radioactive substances, or types of unsealed radioactive substances, that are the subject of the application; or

(B)if the radiation source is a radiation apparatus—the number of radiation apparatus that are the subject of the application.

(3)For an application for a use licence or transport licence, the fee is the total of the following—

(a)an application fee;

(b)a licence fee.

(4)For an application for an accreditation certificate, the fee is the total of the following—

(a)an application fee;

(b)an accreditation certificate fee.

(5)For an application for an approval to acquire, the fee is an application fee for an approval to acquire.

(6)For an application for a radiation safety officer certificate, the fee is the total of the following—

(a)an application fee;

(b)a radiation safety officer certificate fee.

100Fees—Act, s 79

(1)This section prescribes the fees for section 79(3)(b)(i) of the Act.

(2)For an application for the renewal of a possession licence, the fee is a licence fee consisting of the following—

(a)a base fee;

(b)a fee calculated having regard to—

(i)if the radiation source is a radioactive substance—the number of sealed radioactive substances, or types of unsealed radioactive substances, that are the subject of the application; or

(ii)if the radiation source is a radiation apparatus—the number of radiation apparatus that are the subject of the application.

(3)For an application for the renewal of a use licence or transport licence, the fee is a licence fee.

(4)For an application for the renewal of an accreditation certificate, the fee is an accreditation certificate fee.

(5)For an application for the renewal of a radiation safety officer certificate, the fee is a radiation safety officer certificate fee.

101Persons who must pay fee for security check or criminal history check—Act, s 103A

For section 103A(3) of the Act, the following persons are prescribed—

(a)for a security check or criminal history check for an individual applicant for a licence—the applicant;

(b)for a security check or criminal history check for the nominated person for a corporation that is an applicant for a licence—the corporation;

(c)for a security check or criminal history check for a person who is to have access to a security enhanced source under the approved security plan for the source—the possession licensee requesting the check;

(d)for a security check or criminal history check for a person who is to have access to a security enhanced source under the approved transport security plan for the transport of the source—the transport security plan holder requesting the check.

102Exemption from payment of fees

(1)Subsection (2) applies to a person who—

(a)is required to use a radiation source during the person’s study or training at an educational institution; and

(b)under the Act, needs a use licence allowing the use of the source.

(2)The person is exempt from payment of the application fee and licence fee for the use licence.

(3)Subsection (5) applies to a use licensee who—

(a)under the licence, is allowed to use a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person; and

(b)applies for another use licence to carry out a diagnostic or therapeutic procedure involving the irradiation of a person.

(4)However, subsection (5) does not apply to a person who is a prescribed licensee if the only use licence held by the person is the use licence the person is taken to hold under section 103K(1)(a) of the Act.

(5)The use licensee is exempt from payment of the application fee for the other use licence.

(6)The State is exempt from payment of the following fees—

(a)the fees stated in schedule 8, parts 1 and 4;

(b)the application fee stated in schedule 8, item 5 for an approval to acquire;

(c)the application fee stated in schedule 8, item 6 for an approval to dispose;

(d)the application fee stated in schedule 8, item 7 for an approval to relocate.

s 102 amd 2023 SL No. 146 s 14

103Exemption from payment of fees—provisional registrants

(1)This section applies to a provisional registrant who applies for a use licence to carry out a diagnostic or therapeutic procedure involving the irradiation of a person.

(2)The provisional registrant is exempt from payment of the application fee for the use licence.

(3)In this section—

accrediting body means the accreditation committee established by the Medical Radiation Practice Board of Australia under the Health Practitioner Regulation National Law.

provisional registrant means a person who—

(a)is a graduate from a medical radiation degree course accredited by the accrediting body, regardless of the title of the course; and

(b)is provisionally registered with the Medical Radiation Practice Board of Australia.

104Refund of fees

(1)This section applies in relation to an application for the grant or renewal of any of the following—

(a)a possession licence;

(b)a use licence;

(c)a transport licence;

(d)an accreditation certificate;

(e)a radiation safety officer certificate.

(2)The chief executive must as soon as practicable refund the fees, other than the application fee, paid on the application if—

(a)the chief executive refuses to grant the application; or

(b)the applicant withdraws the application before it is decided.

105Definition for part

In this part—

expired regulation means the expired Radiation Safety Regulation 2010.

106References to expired regulation

In a document, a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.

107Identification documents for existing applications

(1)This section applies if—

(a)before the commencement, a person made a relevant application within the meaning of the expired regulation, section 10; and

(b)immediately before the commencement, the relevant application had not been decided.

(2)Despite section 68 of this regulation, the expired regulation, section 10 continues to prescribe the documents for section 51(1)(c)(ii) and (iii) of the Act.

108Use licence not required for particular training

(1)This section applies if, immediately before the commencement, a person was undergoing either of the following training—

(a)training at an educational institution, other than training involving the actual irradiation by the trainee of a person as part of a diagnostic or therapeutic procedure;

(b)a course mentioned in the expired regulation, schedule 7.

(2)For section 13(2)(b)(ii) of the Act, the training mentioned in subsection (1)(a) or (b) is prescribed for the person.

(3)This section stops applying on the day that is 6 months after the commencement.

sections 4, 11 and 12

The superscript ^‘1’ immediately following an item in column 1 indicates that the item’s concentration and activity are the concentration and activity of the parent radionuclide and its progeny when in secular equilibrium.

section 7