QueenslandRadiationSafetyAct1999Current as at [Not applicable]Indicative reprint noteThis is an
unofficial version of a reprint of this Act that incorporates
allproposedamendmentstotheActincludedintheHealthandOtherLegislation
Amendment Bill 2018. This indicative reprint has been
preparedfor information only—it is not an
authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date fortheHealthandOtherLegislationAmendmentBill2018—13November2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Radiation Safety Act 1999ContentsDivision 5236Division 6237Schedule 1Schedule 2Transitional provision for Health and Other
Legislation AmendmentAct 2014Transitional
provision for records of Radiological Advisory Council177Transitional provision for Health and
Other Legislation AmendmentAct 2018Expiry of particular existing licences . . .
. . . . . . . . . . . . . . . . . . .177Decisions for
which information notices
must be
given. . . .179Dictionary. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.181Notauthorised—indicativeonlyPage
12
Notauthorised—indicativeonlyRadiation Safety Act 1999Radiation Safety
Act 1999Part 1 Preliminary[s 1]An Act
to provide for the control generally of sources of ionisingradiationandharmfulnon-ionisingradiation,andforotherpurposesPart 1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theRadiation Safety Act 1999.2CommencementThis Act
commences on a day to be fixed by proclamation.Division 2Operation of Act3Act
binds all persons(1)This Act binds all persons, including
the State.(2)Nothing in this Act makes the State
liable to be prosecuted foran
offence.Current as at [Not applicable]Page
13
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 1
Preliminary[s 4]Division 3Objects4Main
object of Act and its achievement(1)ThemainobjectofthisActistoprotectpersonsandtheenvironment from the harmful effects
of particular sources ofionising radiation and harmful
non-ionising radiation.(2)The object is to
be achieved mainly by—(a)establishing a
licensing regime to regulate—(i)the
possession and use of radiation sources; and(ii)the
transportation of radioactive substances; and(b)establishing a legislative framework to
ensure radiationsources and the premises at which they are
used, and thepremisesatwhichradioactivesubstancesarestored,comply with
radiation safety standards; and(c)imposing restrictions on—(i)the acquisition and relocation of
radiation sources;and(ii)the disposal of
radiation apparatus and radioactivematerial;
and(d)requiring a person who possesses a
radiation source fora radiation practice to have an
approved radiation safetyand protection plan for the practice;
and(e)requiringapersonwhopossessesasecurityenhancedsource to have an approved security plan for
the source;and(f)requiringapersontohaveanapprovedtransportsecurityplanforthetransportofasecurityenhancedsource;
and(g)ensuring the health and safety of any
person are, or theenvironment is, not adversely affected by
the carryingout of radiation practices with radiation
sources; andPage 14Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 1
Preliminary[s 5](h)establishingalegislativeframeworkwithinwhichcompliancemonitoring,andinvestigativeandenforcement activities, may be undertaken;
and(i)establishing the Radiation Advisory
Council.Division 4Radiation
safety, protection andsecurity principles5Guiding principlesThe principles
intended to guide the achievement of this Act’smainobject(theradiationsafety,protectionandsecurityprinciples) are the
following—(a)People should be protected from
unnecessary exposuretoionisingradiationthroughtheprocessesofjustification, limitation and
optimisation.•JustificationJustification
involves assessing whether more goodthan harm
results from a radiation practice.•LimitationLimitation
involves setting radiation dose limits, orimposing other
measures, so that the health risks toany person
exposed to radiation are below levelsconsidered
unacceptable.•OptimisationOptimisationinvolvesminimisinghealthriskstoanyperson,withthebroadobjectivethatthedegree of exposure to radiation, number of
personsexposed and likelihood of exposure be kept
as lowasreasonablyachievable,havingregardtoeconomic and social factors.(b)People should be protected from
unnecessary exposureto harmful non-ionising radiation
through the processesCurrent as at [Not applicable]Page
15
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 1
Preliminary[s 6]ofspecifyingemissionorabsorptionstandards,limitation and
avoidance.•Specifying emission or absorption
standardsSpecifyingemissionorabsorptionstandardsinvolves deciding thresholds above which
exposureto radiation may result in unacceptable
health risksto any person.•LimitationLimitation
involves setting radiation dose limits, orimposing other
measures, so that the health risks toany person
exposed to radiation are below levelsconsidered
unacceptable.•AvoidanceAvoidanceinvolvesminimising,asfaraspracticable,
exposures to radiation.(c)People should be
protected from unnecessary exposuretoradiationresultingfromamalevolenteventbyensuring that radiation sources are
safely managed andsecurely protected at all times, including
after the end oftheir useful life.Division 5Interpretation6Interpretation to promote radiation safety,
protection andsecurity principlesIninterpretingaprovisionofthisAct,aconstructionthatwouldpromoteradiationsafety,protectionandsecurityprinciples is to
be preferred to a construction that would notpromote
radiation safety, protection and security principles.7DictionaryThe dictionary
in schedule 2 defines particular words used inthis Act.Page
16Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 1
Preliminary[s 8]8When
a possession licensee is taken to remain inpossession of a
radiation source(1)For this Act, a possession licensee
who allows another persontocarryoutaradiationpracticewitharadiationsourceincompliance with the licensee’s
approved radiation safety andprotectionplanforthepracticeistakentoremaininpossession of the source while the other
person has the sourcefor the purpose of the
practice.(2)Forsubsection
(1),areferencetoaradiationsourceorradiation practice is a reference to
the source or practice towhich the licence relates.(3)Also, for this Act, a possession
licensee who allows anotherpersontotransportaradioactivesubstancetowhichthelicencerelatesistakentoremaininpossessionofthesubstancewhiletheotherpersonhasthesubstanceforthepurpose of the
transportation.9Meaning ofusein
relation to a radiation source or thecarrying out of a
radiation practice(1)Usea radiation
source, means actual use by an individual ofradiation
emitted from the source, and includes, for a radiationsourcethatisaradioactivesubstance,administerthesubstance to, or inject or implant the
substance into, an animalor person.(2)Use, in relation to the carrying out of a
radiation practice witharadiationsource,meansactualusebyanindividualofradiation emitted from the source to carry
out the practice.(3)Forsubsections
(1)and(2),itisimmaterialwhethertheindividual is using the radiation in
the capacity of an agent oremployee.10Meaning ofcarry outin
relation to a radiation practice(1)Carry out, in relation to
a radiation practice, means the actualperformance of
the practice by an individual.Current as at
[Not applicable]Page 17
Radiation Safety Act 1999Part 2
Licences[s 11](2)For
subsection (1), it is immaterial whether the individual iscarryingoutthepracticeinthecapacityofanagentoremployee.Notauthorised—indicativeonly11Meaning ofradiation practice(1)Radiation practicemeans an
activity in relation to a radiationsourcethatmayresult,whetherornotintentionally,inexposinganyonetoradiation,butdoesnotincludethetransport of a radioactive substance.(2)To remove doubt, it is declared that
the storing of a radioactivesubstance is a
radiation practice.Part 2Licences12Requirement for possession
licence(1)Apersonmustnotpossessaradiationsource,unlesstheperson is allowed to possess it under a
possession licence.Maximum penalty—(a)foraradiationsourcethatisnotasecurityenhancedsource—1000 penalty units; or(b)for a security enhanced source—2500
penalty units.Editor’s note—Part7statestherequirementstobecompliedwithtoobtainapossession licence and other types of
licences.(2)For subsection (1), a person is not in
possession of a radiationsourcemerelybecausethepersonisbeingallowedbyapossession
licensee for the source—(a)tocarryoutaradiationpractice,towhichthelicencerelates,withthesourceincompliancewiththelicensee’s approved radiation safety
and protection planfor the practice; or(b)if
the source is a radioactive substance—to transport thesubstance.Page 18Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 2
Licences[s 13](3)Also,forsubsection (1),apersonisnotinpossessionofaradiation source merely because the
person, or an animal keptby the person, has been injected with
a radioactive substance,oraradioactivesubstancehasbeenadministeredtoorimplanted in the person or animal, as
part of a diagnostic ortherapeutic procedure.13Requirement for use licence(1)A person must not use a radiation
source, unless the person isallowed to use
it under a use licence.Maximum penalty—(a)foraradiationsourcethatisnotaportablesecurityenhanced source—400 penalty units; or(b)for a portable security enhanced
source—2500 penaltyunits.Example of when
a person needs a use licence—A person who
uses a radiation source to irradiate another person as partof a
diagnostic or therapeutic procedure must do so under a use
licenceallowing the use of the source to carry out
the procedure.Editor’s note—Under section
49(2), only an individual may apply for a use licence.(2)Subsection (1) does not apply to a
person if—(a)the person is using the source in the
presence, and underthepersonalsupervision,ofauselicenseewhoisallowed, under
the licence, to use the source to carry outa radiation
practice; and(b)the use is for the purpose of—(i)helping the licensee to carry out the
practice, if thepractice is a prescribed radiation practice;
or(ii)the person
undergoing training prescribed under aregulation.(3)In
this section—Current as at [Not applicable]Page
19
Radiation Safety Act 1999Part 2
Licences[s 14]prescribedradiationpracticemeansaradiationpractice,otherthanthecarryingoutofadiagnosticortherapeuticprocedureinvolvingtheirradiationofanotherperson,prescribed under a regulation.Notauthorised—indicativeonly14Requirement for
transport licence—transport by road(1)Subsection (2)appliesifaradioactivesubstanceisbeingtransported by
road in a vehicle.(2)Thepersoninchargeofthevehiclemustholdatransportlicence to
transport the substance.Maximum penalty—(a)foraradioactivesubstancethatisnotasecurityenhanced source—400 penalty units; or(b)for a radioactive substance that is a
security enhancedsource—2500 penalty units.Editor’s note—Undersection 49(2),onlyanindividualmayapplyforatransportlicence that
allows the transport of a radioactive substance by road.(3)However, the person is not required to
hold a transport licenceifthepersonishelpingatransportlicenseetotransportaradioactivesubstance,towhichthelicencerelates,byroadand the person
is in the licensee’s presence.15Requirement for transport licence—transport
otherwisethan by road(1)A
person must not transport a radioactive substance other thanby
road, unless the person is the holder of a transport licenceto
transport the substance.Maximum penalty—(a)foraradioactivesubstancethatisnotasecurityenhanced source—400 penalty units; or(b)for a radioactive substance that is a
security enhancedsource—2500 penalty units.Page
20Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 3 Radiation
safety standards and certificates of compliance[s 16](2)Subsection (1) does not apply to a
person who transports thesubstance merely as an
employee.Part 3Radiation safety
standards andcertificates of complianceDivision 1Radiation safety
standards16Making of radiation safety
standards(1)The Minister may make radiation safety
standards about—(a)radiationsourcesinrelationtothecarryingoutofradiation practices; or(b)the sealing of radioactive substances;
or(c)sealed source apparatus; or(d)premises at which radiation sources
are used to carry outradiation practices; or(e)premises at which radioactive
substances are stored.(2)Aradiationsafetystandardmuststatethedaythestandardexpires.(3)Thestateddaymustnotbemorethan10yearsafterthestandard is made.(4)TheMinistermustnotifythemakingofaradiationsafetystandard.(5)The
notice must state the places where copies of the standardandtheprovisionsofanydocumentapplied,adoptedorincorporatedbythestandardareavailableforinspection,without charge,
during normal business hours at the places.(6)The
notice is subordinate legislation.Current as at
[Not applicable]Page 21
Radiation Safety Act 1999Part 3 Radiation
safety standards and certificates of compliance[s 17]Division 2Obligations of
possessionlicensees in relation to radiationsafety standardsNotauthorised—indicativeonly17Obligations of
possession licensees(1)Apossessionlicenseewho,underthelicence,possessesaradiationsourceforaradiationpracticemustensurethesource is not used to carry out the practice
unless—(a)thesourcecomplieswiththerelevantradiationsafetystandard;
and(b)if the source is to be used to carry
out the practice atpremises—thepremisescomplywiththerelevantradiation safety
standard.Maximum penalty—200 penalty units.(2)Apossessionlicenseewho,underthelicence,possessesaradioactive substance must not store
the substance, or allowthesubstancetobestored,onpremisesthatdonotcomplywith
the relevant radiation safety standard.Maximum
penalty—200 penalty units.Division 3Certificates of
compliance18When a possession licensee must obtain
a certificate ofcompliance(1)Subsection (2) applies in relation to a
radiation source if thereis a relevant radiation safety
standard for the source.(2)A possession
licensee who, under the licence, possesses thesource for a
radiation practice must ensure the source is notusedtocarryoutthepracticeunless,withintheperiodprescribedunderaregulationbeforethedayofuse,thelicenseehasobtainedacertificateofcomplianceforthesource.Maximum
penalty—50 penalty units.Page 22Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 3 Radiation
safety standards and certificates of compliance[s 19](3)Subsections (4) and (5) apply in
relation to premises if there isa relevant
radiation safety standard for the premises.(4)Apossessionlicenseewho,underthelicence,possessesaradiationsourceforaradiationpracticemustensurethesourceisnotusedtocarryoutthepracticeatthepremisesunless, within
the period prescribed under a regulation beforethedayofuse,thelicenseehasobtainedacertificateofcompliance for the premises.Maximum penalty—50 penalty units.(5)Apossessionlicenseewho,underthelicence,possessesaradioactive substance must not store
the substance, or allowthe substance to be stored, at the
premises unless, within theperiod
prescribed under a regulation before the day of storage,the
licensee has obtained a certificate of compliance for thepremises.Maximum penalty
for subsection (5)—50 penalty units.19Circumstances for giving certificate of
compliance(1)Anaccreditedpersonmayissueacertificateofcompliancefor—(a)aradiationsourcetobeusedtocarryoutaradiationpractice;
or(b)the premises at which a radiation
source is to be used tocarry out a radiation practice;
or(c)the premises at which a radioactive
substance is to bestored.(2)Thecertificateofcompliancemuststatethatthesourceorpremises comply with the relevant radiation
safety standard.(3)However, an accredited person must not
issue a certificate ofcompliance for a radiation source or
premises unless, underthe person’s accreditation
certificate, the person is allowed toissue the
certificate of compliance for the source or premises.Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 3
Radiation safety standards and certificates of compliance[s
20](4)Subsection (5)appliesinrelationtoaradiationsourceorpremises if there is a relevant
radiation safety standard for thesource or
premises.(5)Anaccreditedpersonmustnotissueacertificateofcomplianceforthesourceorpremisesunlessthepersonissatisfied the source or premises comply with
the standard.(6)A certificate of compliance must be in
the approved form.Editor’s note—See section
82(1)(c) for an effect of a contravention of subsection (3)
or(5).20Assessment
report(1)Thissectionappliesifanaccreditedpersonisactingonarequest for a certificate of
compliance for a radiation source orpremises.(2)Theaccreditedpersonmustassesswhetherthesourceorpremises comply with the relevant radiation
safety standard.(3)The accredited person must prepare a
report (anassessmentreport),
for the source or premises, stating the following—(a)whether or not the source or premises
comply with therelevant radiation safety standard;(b)ifthesourceorpremisesdonotcomplywiththerelevantradiationsafetystandard—particularsofwhatneeds to be done
for the source or premises to complywith the
standard (therequirements).(4)The assessment report must be in the
approved form.(5)If the report states requirements, the
accredited person must,as soon as practicable, give a copy of
the report to the personwho asked for the certificate of
compliance.(6)If the report does not state
requirements, the accredited personmustissueacertificateofcomplianceforthesourceorpremises.(7)The
accredited person must give the chief executive a copy ofthe
report mentioned in subsection (6) as soon as practicablePage
24Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 3 Radiation
safety standards and certificates of compliance[s 21]after the issue of the certificate of
compliance, stating the datethe certificate
was issued.Maximum penalty—50 penalty units.(8)If the report states requirements and
none of the requirementsare complied with within 30 days after
a copy of the report isgiven to a person under subsection
(5), the accredited personmust as soon as practicable give the
chief executive a copy ofthe report.Maximum penalty
for subsection (8)—50 penalty units.21Amendment of assessment report—all
requirementscomplied with(1)This
section applies if—(a)the assessment report states
requirements; and(b)the accredited person is satisfied,
within 30 days aftergiving a copy of the report to the
person who asked forthe certificate of compliance, all the
requirements havebeen complied with.(2)The
accredited person must—(a)amend the report
to indicate all the requirements havebeen complied
with; and(b)issueacertificateofcomplianceforthesourceorpremises.(3)The
accredited person must give the chief executive a copy ofthe
amended report as soon as practicable after the issue of thecertificate of compliance, stating the date
the certificate wasissued.Maximum penalty
for subsection (3)—50 penalty units.22Amendment of assessment report—some
requirementscomplied with(1)This
section applies if—Current as at [Not applicable]Page
25
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 4
Acquisition, supply and relocation of radiation sources[s
23](a)the assessment report states
requirements; and(b)the accredited person is satisfied,
within 30 days aftergiving a copy of the report to the
person who asked forthe certificate of compliance, that
some, but not all, therequirements have been complied
with.(2)The accredited person must amend the
report to indicate therequirements that have been complied
with.(3)The accredited person must give the
chief executive a copy oftheamendedreportassoonaspracticableafterthe30dayperiod has ended.Maximum penalty
for subsection (3)—50 penalty units.Part 4Acquisition, supply andrelocation of
radiation sources23Who may acquire a radiation
source(1)Apersonmustnotacquirearadiationsource,unlesstheperson is a possession licensee for the
source and the holder ofan approval to acquire the
source.Maximum penalty—(a)foraradiationsourcethatisnotasecurityenhancedsource—400 penalty units; or(b)for a security enhanced source—2500
penalty units.Editor’s note—Part 7 states
the requirements to be complied with to obtain an approvalto
acquire.(2)Forsubsection
(1),apersondoesnotacquirearadiationsourcemerelybecauseapossessionlicensee,underthelicence, possesses the source for a
radiation practice and theperson is being allowed by the
licensee—(a)to carry out the practice with the
source in compliancewiththelicensee’sapprovedradiationsafetyandprotection plan for the practice;
orPage 26Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 4
Acquisition, supply and relocation of radiation sources[s
24](b)if the source is a radioactive
substance—to transport thesubstance.(3)Also, for subsection (1), a person does not
acquire a radiationsource merely because the person, or an
animal kept by theperson, has been injected with a radioactive
substance, or aradioactive substance has been administered
to or implantedin the person or animal, as part of a
diagnostic or therapeuticprocedure.24Supply of radiation sources(1)Apersonmustnotsupplyaradiationsourcetoanotherperson, unless
the other person is a possession licensee for thesource and the holder of an approval to
acquire the source.Maximum penalty—(a)foraradiationsourcethatisnotasecurityenhancedsource—400 penalty units; or(b)for a security enhanced source—2500
penalty units.(2)Forsubsection
(1),apossessionlicenseewho,underthelicence, possesses a radiation source
for a radiation practicedoes not supply the source to another
person merely becausethe other person is being allowed by
the licensee—(a)to carry out the practice with the
source in compliancewiththelicensee’sapprovedradiationsafetyandprotection plan for the practice;
or(b)if the source is a radioactive
substance—to transport thesubstance.(3)Also, for subsection (1), a person
(thefirst person) does
notsupplyaradiationsourcetoanotherpersonmerelybecausethe
first person injects the other person, or an animal kept bythe
other person, with a radioactive substance, or a radioactivesubstance is administered to or implanted in
the other personoranimalbythefirstperson,aspartofadiagnosticortherapeutic procedure.(4)In
this section—Current as at [Not applicable]Page
27
Radiation Safety Act 1999Part 5 Disposal of
radioactive material and radiation apparatus and abandoning of
radiationsources[s 25]sellincludes give
possession under a lease, exchange, hiringor other
commercial arrangement.supply, a radiation
source, means sell, give away or otherwisegive possession
of the source.Notauthorised—indicativeonly25Person must not
relocate a radiation source withoutapprovalA
person must not relocate a radiation source from a place inQueenslandtoaplaceoutsideQueensland(whetherinoroutside
Australia), unless the person is a possession licenseefor
the source and the holder of an approval to relocate thesource.Maximum
penalty—(a)foraradiationsourcethatisnotasecurityenhancedsource—400
penalty units; or(b)for a security enhanced source—2500
penalty units.Editor’s note—OtherprovisionsofthisActdealwiththepossession,acquisition,supply,
transport and disposal of a radiation source in the State.
Also,part 7 states the requirements to be
complied with to obtain an approvalto
relocate.Note—If a corporation
commits an offence against this provision, an executiveofficer of the corporation may alsobe
subject to personal criminalliability—see
sections 205 and 205A.Part 5Disposal of
radioactive materialand radiation apparatus andabandoning of radiationsources26Disposal of radioactive
material(1)A person must not dispose of
radioactive material, unless—Page 28Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 5 Disposal of
radioactive material and radiation apparatus and abandoning of
radiationsources[s 27](a)theconcentrationoractivityofaradionuclideinthematerial is not more than the maximum
concentration oractivity prescribed under a regulation;
or(b)the person is the holder of an
approval to dispose of thematerialanddisposesofitasrequiredundertheapproval.Maximum
penalty—2500 penalty units.Editor’s
note—Part 7 states the requirements to be
complied with to obtain an approvalto
dispose.Note—If a corporation
commits an offence against this provision, an executiveofficer of the corporation may alsobe
subject to personal criminalliability—see
sections 205 and 205A.(2)For subsection
(1)(a), a regulation may provide for the pointofdisposalatwhichtheconcentrationoractivityoftheradionuclide in the material is to be
decided.27Notification of disposal of radiation
apparatus(1)A person who disposes of a radiation
apparatus must give thechief executive written notice of the
disposal within 7 daysafter the disposal.Maximum penalty—50 penalty units.(2)Forsubsection
(1),thenoticemustcontaininformationadequate to
identify the apparatus disposed of.Example of
identifying information—the serial number of the radiation
apparatus27APerson must not abandon radiation
source(1)A person must not abandon a radiation
source.Maximum penalty—2500 penalty units.Current as at [Not applicable]Page
29
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6
Other radiation safety, protection and security provisions[s
28]Note—If a corporation
commits an offence against this provision, an executiveofficer of the corporation may alsobe
subject to personal criminalliability—see
sections 205 and 205A.(2)Apersondoesnotcontravenesubsection
(1)ifthepersondisposes of a radiation source under this
Act.Part 6Other radiation
safety,protection and securityprovisionsDivision 1Radiation safety and protectionplansSubdivision
1Interpretation28What
is aradiation safety and protection plan(1)Aradiationsafetyandprotectionplan,foraradiationpractice,isaplanforthepracticeforwhichapossessionlicenseeisallowedtopossessaradiationsourceunderthelicence.(2)The
plan must state the following—(a)particulars,andanassessment,ofalltheradiationhazards specific to the practice and source
the licenseeknows,oroughtreasonablytoknow,existormightarise;(b)the radiation safety and protection
measures to deal withthe hazards;(c)any
other measures necessary to deal with the hazards;(d)howthelicenseeproposestomonitorandreviewtheimplementation and effectiveness of the
measures;Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
28](e)thefunctionsoftheradiationsafetyofficertobeappointed for
the practice;Editor’s note—Section
37liststheminimumfunctionsofaradiationsafetyofficer.(f)particularsofatrainingprogramforpersonscarryingout
the practice;(g)other particulars prescribed under a
regulation.(3)Also, if a person, other than a person
being irradiated as partof a diagnostic or therapeutic
procedure, may receive from thecarrying out of
the practice a radiation dose higher than theradiationdoselimitprescribedunderaregulation,theplanmust provide
for—(a)thesupplyofapersonalmonitoringdevicetotheperson;
and(b)the assessment of the device.(4)Theplanmustbewritteninawaylikelytobeunderstoodeasily by
persons who carry out the practice with the source.Editor’s note—The plan may
need to take into account persons with special needs, forexample, non-English speaking
persons.(5)The plan must be dated and signed by
the licensee.(6)In this section—radiationsafetyandprotectionmeasuresaremeasures,prescribedunderaregulation,forpreventingorminimisinghealth risks to
any person arising from exposure to radiationfrom the
carrying out of a radiation practice.Current as at
[Not applicable]Page 31
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
29]Subdivision 2Approval of, and
amendment ofapproved, radiation safety andprotection plansNotauthorised—indicativeonly29Approval of
radiation safety and protection plan(1)This
section applies if the chief executive issues a possessionlicence.(2)The
chief executive is taken to have approved the radiationsafety and protection plan identified in the
licence.Editor’s note—Under section
51(2) and (3), an application for a possession licencemust
be accompanied by the proposed radiation safety and
protectionplan for the radiation practice for which
the applicant wants to possess aradiation
source.(3)Thechiefexecutivemustendorsetheplanwiththechiefexecutive’s
written approval and give the endorsed plan to thepossession licensee.30Changing approved radiation safety and
protectionplan—chief executive’s initiative(1)Thechiefexecutivemaychangeapossessionlicensee’sapproved
radiation safety and protection plan for a radiationpracticeifthechiefexecutiveconsidersitnecessaryordesirabletomakethechange,havingregardtotherequirementsforaradiationsafetyandprotectionplanmentioned in section 28(2).(2)Before changing the plan, the chief
executive must—(a)give a written notice to the licensee,
stating—(i)the particulars of the proposed
change; and(ii)the day it is
proposed the change is to take effect;and(iii)that the
licensee may make written submissions tothechiefexecutiveabouttheproposedchangebefore a stated day; andPage 32Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
31](b)haveregardtowrittensubmissionsmadetothechiefexecutive by the licensee before the stated
day.(3)The stated day must not be earlier
than 21 days after the noticeis given to the
licensee.(4)Ifthechiefexecutivedecidestochangetheplan,thechiefexecutive must
immediately give the licensee an informationnotice about the
decision.(5)The change takes effect on the day
stated for the change in theinformation
notice and does not depend on—(a)the
plan being amended to incorporate the change; or(b)the licence being amended to identify
the amended plan.(6)The day mentioned in subsection (5)
must not be earlier than35 days after the notice is given to
the licensee.31Changing approved radiation safety and
protectionplan—application by possession
licensee(1)Apossessionlicenseemayapplytothechiefexecutivetochange the licensee’s approved
radiation safety and protectionplan for a
radiation practice.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbythefeeprescribedunderaregulation.(3)Indecidingwhethertogranttheapplication,thechiefexecutive must
have regard to the requirements for a radiationsafety and
protection plan mentioned in section 28(2).(4)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must immediately give the
licensee notice ofthe decision.(5)The
change takes effect on the day stated for the change in thenotice and does not depend on—(a)the plan being amended to incorporate
the change; orCurrent as at [Not applicable]Page
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32](b)the licence being amended to identify
the amended plan.(6)The day mentioned in subsection (5)
must not be earlier than35 days after the notice is given to
the licensee.(7)If the chief executive decides not to
grant the application, thechiefexecutivemustimmediatelygivethelicenseeaninformation notice about the
decision.(8)If the chief executive fails to decide
the application within 90days after its receipt, the failure is
taken to be a decision bythe chief executive not to grant the
application.32Recording change of approved radiation
safety andprotection plan(1)Thissectionappliesifapossessionlicenseereceivesaninformationnoticeundersection
30(4),oranoticeundersection
31(4),aboutachangetothelicensee’sapprovedradiation safety and protection plan for the
radiation practice.(2)Within 14 days after receiving the
notice, the licensee mustreturn the following documents to the
chief executive—(a)the plan, incorporating the
change;(b)thelicensee’spossessionlicenceinwhichtheplanisidentified.Maximum
penalty—50 penalty units.(3)Onreceivingtheplan,incorporatingthechange,thechiefexecutive must
immediately endorse the plan with the chiefexecutive’s
written approval and give the endorsed plan to thelicensee.(4)Onreceivingthelicence,thechiefexecutivemustimmediately
amend the licence to identify the amended planand give the
amended licence to the licensee.Page 34Current as at [Not applicable]
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radiation safety, protection and security provisions[s
33]Subdivision 3Obligations in
relation to approvedradiation safety and protectionplans33Obligations in relation to approved
radiation safety andprotection plan—possession licensees(1)This section applies to a possession
licensee who, under thelicence, possesses a radiation source
for a radiation practice.(2)Thelicenseemusttakereasonablestepstoensureapersoncarrying out the
practice with the source—(a)hasalwaysavailableforinspectionacopyofthelicensee’s approved radiation safety
and protection planfor the practice; and(b)hasundergonethetrainingprogrammentionedintheplan.Maximum penalty
for subsection (2)—100 penalty units.34Obligations in relation to approved
radiation safety andprotection plan—persons carrying out a
radiationpractice(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a radiation source for a
radiation practice.(2)Apersonmustnotcarryoutthepracticewiththesourceunless—(a)thepersonhasavailableforinspectionacopyoftheapprovedradiationsafetyandprotectionplanforthepractice;
and(b)thepersonhasundergonethetrainingprogrammentioned in the plan.Maximum penalty
for subsection (2)—100 penalty units.Current as at
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Other radiation safety, protection and security provisions[s
34A]Division 1ASecurity
plansSubdivision 1Interpretation34AWhat
is asecurity plan(1)Asecurityplanisaplanforthesecurityofasecurityenhancedsourcethatapossessionlicenseeisallowedtopossess under the licence.(2)The plan must state the
following—(a)particulars of the security enhanced
source the licenseeis allowed to possess;(b)the
radiation practice for which the licensee is allowedto
possess the source;(c)particulars, and an assessment, of all
the security risksrelating to the practice and source the
licensee knows, orought reasonably to know, exist or might
arise;(d)personswhohaveaccesstothesourceunderthepossession licensee’s licence and the type
of access eachperson has to the source;(e)other persons to whom the plan
applies;(f)the security measures for the
source;(g)any other measures necessary to deal
with risks to thesecurity of the source;(h)howthelicenseeproposestomonitorandreviewtheimplementation and effectiveness of the
measures;(i)particulars of a training program for
persons to whomthe plan applies;(j)if
the possession licensee is a corporation—the name ofthe
nominated person for the licensee;(k)other particulars prescribed under a
regulation.Page 36Current as at
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radiation safety, protection and security provisions[s
34B](3)Theplanmustbewritteninawaylikelytobeeasilyunderstood by persons required to comply
with the plan.(4)The plan must be dated and signed by
the licensee.(5)In this section—securitymeasuresaremeasures,prescribedunderaregulation,forensuringthesecurityofasecurityenhancedsource.Subdivision
2Approval of, and amendment ofapproved, security plans34BApproval of security plan(1)This section applies if the chief
executive issues a possessionlicence for a
security enhanced source.(2)Thechiefexecutiveistakentohaveapprovedthesecurityplan identified
in the licence.(3)Thechiefexecutivemustendorsetheplanwiththechiefexecutive’s
written approval and give the endorsed plan to thepossession licensee.Note—Seesection 51(3)(b),fortherequirementforanapplicationforapossession licence for a radiation
source that is a security enhancedsource to be
accompanied by the proposed security plan for the source.34CChanging approved security plan—chief
executive’sinitiative(1)Thechiefexecutivemaychangeapossessionlicensee’sapprovedsecurityplanifthechiefexecutiveconsidersitnecessary or desirable to make the
change, having regard totherequirementsforasecurityplanmentionedinsection 34A(2).(2)Before changing the plan, the chief
executive must—(a)give a written notice to the licensee,
stating—Current as at [Not applicable]Page
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34D](i)the particulars of the proposed
change; and(ii)the day it is
proposed the change is to take effect;and(iii)that the
licensee may make written submissions tothechiefexecutiveabouttheproposedchangebefore a stated day; and(b)haveregardtowrittensubmissionsmadetothechiefexecutive by the licensee before the stated
day.(3)The stated day must not be earlier
than 21 days after the noticeis given to the
licensee.(4)Ifthechiefexecutivedecidestochangetheplan,thechiefexecutive must
immediately give the licensee an informationnotice about the
decision.(5)The change takes effect on the day
stated for the change in theinformation
notice and does not depend on—(a)the
plan being amended to incorporate the change; or(b)the licence being amended to identify
the amended plan.(6)The day mentioned in subsection (5)
must not be earlier than35 days after the notice is given to
the licensee.34DChanging approved security
plan—application bypossession licensee(1)Apossessionlicenseemayapplytothechiefexecutivetochange the licensee’s approved
security plan.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbythefeeprescribedunderaregulation.(3)Indecidingwhethertogranttheapplication,thechiefexecutive must
have regard to the requirements for a securityplan mentioned
in section 34A(2).Page 38Current as at
[Not applicable]
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radiation safety, protection and security provisions[s
34E](4)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must immediately give the
licensee notice ofthe decision.(5)The
change takes effect on the day stated for the change in thenotice and does not depend on—(a)the plan being amended to incorporate
the change; or(b)the licence being amended to identify
the amended plan.(6)The day mentioned in subsection (5)
must not be earlier than35 days after the notice is given to
the licensee.(7)If the chief executive decides not to
grant the application, thechiefexecutivemustimmediatelygivethelicenseeaninformation notice about the
decision.(8)If the chief executive fails to decide
the application within 90days after its receipt, the failure is
taken to be a decision bythe chief executive not to grant the
application.34ERecording change of approved security
plan(1)Thissectionappliesifapossessionlicenseereceivesaninformationnoticeundersection
34C(4),oranoticeundersection
34D(4),aboutachangetothelicensee’sapprovedsecurity plan.(2)Within 14 days after receiving the notice,
the licensee mustreturn the following documents to the chief
executive—(a)the plan, incorporating the
change;(b)thelicensee’spossessionlicenceinwhichtheplanisidentified.Maximum
penalty—50 penalty units.(3)Onreceivingtheplan,incorporatingthechange,thechiefexecutive must
immediately endorse the plan with the chiefexecutive’s
written approval and give the endorsed plan to thelicensee.Current as at
[Not applicable]Page 39
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
34F](4)Onreceivingthelicence,thechiefexecutivemustimmediately
amend the licence to identify the amended planand give the
amended licence to the licensee.Notauthorised—indicativeonlySubdivision 3Obligations in
relation to approvedsecurity plans34FObligations in relation to approved security
plan—possession licensees(1)This
section applies to a possession licensee who, under thelicence, possesses a security enhanced
source.(2)The licensee must take reasonable
steps to ensure a person towhom the
approved security plan for the source applies—(a)has
always available for inspection a copy of the parts ofthe
plan relevant to the person; and(b)hasundergonethetrainingprogrammentionedintheplan.Maximum penalty
for subsection (2)—2500 penalty units.34GObligations in relation to approved security
plan—accessof persons to security enhanced
source(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a security enhanced
source.(2)Aperson(thefirstperson)mustnotpersonallyaccess,orallow another person access to, the
source unless—(a)the approved security plan provides
for the first personand the other person to access the
source; and(b)the first person has available for
inspection a copy of theparts of the approved security plan
relevant to the accessto the source; and(c)thefirstpersonhasundergonethetrainingprogrammentioned in the plan.Page 40Current as at [Not applicable]
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radiation safety, protection and security provisions[s
34H]Maximum penalty for subsection (2)—2500
penalty units.Division 1BTransport
security plansSubdivision 1Interpretation34HWhat
is atransport security plan(1)Atransportsecurityplanisaplanforthesecurityofaradioactivesubstancethatisasecurityenhancedsourceduring the
transport of the source.(2)The plan must
state the following—(a)particularsofthesecurityenhancedsourcetobetransported;(b)particulars of the transport arrangements
for the source;(c)particulars, and an assessment, of all
the security risksrelatingtothetransportofthesourcethetransportsecurityplanholderoftheplanknows,oroughtreasonably to
know, exist or might arise;(d)persons who have access to the source and
the type ofaccess each person has to the source;(e)other persons to whom the plan
applies;(f)the period for which the plan
applies;(g)the transport security measures for
the source;(h)any other measures necessary to deal
with risks to thesecurity of the source;(i)howthetransportsecurityplanholderproposestomonitorandreviewtheimplementationandeffectiveness of the measures;(j)particulars of a training program for
persons to whomthe plan applies;Current as at
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Other radiation safety, protection and security provisions[s
34I](k)if the transport security plan holder
is a corporation—the name of the nominated person for the
holder;(l)other particulars prescribed under a
regulation.(3)Theplanmustbewritteninawaylikelytobeeasilyunderstood by persons required to comply
with the plan.(4)The plan must be dated and signed by
the transport securityplan holder.(5)In
this section—transport security measuresare
measures, prescribed under aregulation,forensuringthesecurityofasecurityenhancedsource during its transport.Subdivision 2Approval of, and
amendment ofapproved, transport security plans34IWhen a person must have a transport
security plan(1)This section applies to the following
persons—(a)apossessionlicenseeacquiringasecurityenhancedsourcethatneedstobetransportedtoeffecttheacquisition;(b)apossessionlicenseerelocatingasecurityenhancedsourcethatneedstobetransportedtoeffecttherelocation;(c)a
possession licensee whose security enhanced source isbeingtransportedbetweenlocationsforthelicensee’sradiation
practice;(d)atransportlicenseewhoistransporting2ormoreradioactivesubstancesthathavebecomeasecurityenhanced source
as a result of their aggregation;(e)another person who is transporting 2 or more
radioactivesubstances that have become a security
enhanced sourceas a result of their aggregation.Page
42Current as at [Not applicable]
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radiation safety, protection and security provisions[s
34J](2)A person to whom this section applies
must not transport asecurity enhanced source unless the
person has an approvedtransport security plan for the
transport of the source.Maximum penalty—2500 penalty
units.Note—Sections 14 and
15 state the circumstances in which a person must holda
transport licence to transport a radioactive substance that is a
securityenhanced source.34JApplication for approval of transport
security plan(1)Anapplicationforapprovalofatransportsecurityplanmust—(a)be made to the chief executive;
and(b)be in the approved form; and(c)be accompanied by—(i)the
proposed transport security plan; and(ii)iftheapplicantisapossessionlicenseewhosesecurityenhancedsourceistobetransportedbetweenlocationsforthelicensee’sradiationpractice—the licensee’s licence; and(iii)the fee
prescribed under a regulation.(2)The
chief executive must consider the application and eithergrant, or refuse to grant, the
application.(3)The chief executive may grant the
application only if the chiefexecutive is
satisfied the plan is adequate for the transport ofthe
security enhanced source to which it relates, having regardto
the requirements for a transport security plan mentioned insection 34H(2).34KInquiries into applications(1)Before deciding the application, the
chief executive—(a)may investigate the applicant;
andCurrent as at [Not applicable]Page
43
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34L](b)may, by written notice given to the
applicant, require theapplicant to give the chief executive,
within a reasonableperiodofatleast30daysstatedinthenotice,furtherinformationoradocumentthechiefexecutivereasonably requires to decide the
application.(2)The applicant is taken to have
withdrawn the application if,within the
stated period, the applicant does not comply with arequirement under subsection (1)(b).(3)Anoticeundersubsection
(1)(b)mustbegiventotheapplicant within 90 days after the
chief executive receives theapplication.34LDecision(1)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must—(a)endorsethetransportsecurityplanwiththechiefexecutive’s
written approval and give the endorsed planto the
applicant; and(b)if the applicant is a possession
licensee whose securityenhanced source is being transported
between locationsforthelicensee’sradiationpractice—amendthelicensee’slicencetoidentifytheplanandgivetheamended licence to the applicant.(2)Ifthechiefexecutivedecidestorefusetogranttheapplication,thechiefexecutivemustimmediatelygivetheapplicant an information notice about
the decision.34MFailure to decide applications(1)Subject to subsections (2) and (3), if
the chief executive failsto decide the application within 90
days after its receipt, thefailureistakentobeadecisionbythechiefexecutivetorefuse to grant the application.(2)Subsection (3) applies if—Page
44Current as at [Not applicable]
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radiation safety, protection and security provisions[s
34N](a)apersonhasmadeanapplicationforapprovalofatransport security plan; and(b)thechiefexecutivehas,undersection
34K(1)(b),required the applicant to give the chief
executive furtherinformation or a document.(3)Thechiefexecutiveistakentohaverefusedtogranttheapplicationifthechiefexecutivedoesnotdecidetheapplication within 90 days after the chief
executive receivesthe further information or document.34NChanging approved transport security
plan—chiefexecutive’s initiative(1)Thechiefexecutivemaychangeanapprovedtransportsecurity plan if the chief executive
considers it necessary ordesirabletomakethechangehavingregardtotherequirementsforatransportsecurityplanmentionedinsection 34H(2).(2)Before changing the plan, the chief
executive must—(a)giveawrittennoticetothetransportsecurityplanholder, stating—(i)the
particulars of the proposed change; and(ii)the
day it is proposed the change is to take effect;and(iii)thatthetransportsecurityplanholdermaymakewrittensubmissionstothechiefexecutiveaboutthe proposed
change before a stated day; and(b)haveregardtowrittensubmissionsmadetothechiefexecutivebythetransportsecurityplanholderbeforethe stated
day.(3)The stated day must not be earlier
than 21 days after the noticeis given to the
transport security plan holder.(4)Ifthechiefexecutivedecidestochangetheplan,thechiefexecutive must
immediately give the transport security planholder an
information notice about the decision.Current as at
[Not applicable]Page 45
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
34O](5)The change takes effect on the day
stated for the change in theinformationnoticeanddoesnotdependontheplanbeingamended to incorporate the change.(6)The day mentioned in subsection (5)
must not be earlier than35 days after the notice is given to
the transport security planholder.Notauthorised—indicativeonly34OChanging approved
transport security plan—applicationby transport
security plan holder(1)Atransportsecurityplanholdermayapplytothechiefexecutivetochangethetransportsecurityplanholder’sapproved transport security plan.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbythefeeprescribedunderaregulation.(3)Indecidingwhethertogranttheapplication,thechiefexecutive must
have regard to the requirements for a transportsecurity plan
mentioned in section 34H(2).(4)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must immediately give the
transport securityplan holder notice of the decision.(5)The change takes effect on the day
stated for the change in thenoticeanddoesnotdependontheplanbeingamendedtoincorporate the change.(6)The
day mentioned in subsection (5) must not be earlier than35
days after the notice is given to the transport security
planholder.(7)If
the chief executive decides not to grant the application,
thechief executive must immediately give the
transport securityplan holder an information notice about the
decision.(8)If the chief executive fails to decide
the application within 90days after its receipt, the failure is
taken to be a decision bythe chief executive not to grant the
application.Page 46Current as at
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radiation safety, protection and security provisions[s
34P]34PRecording change of approved transport
security plan(1)This section applies if a transport
security plan holder receivesan information
notice under section 34N(4), or a notice undersection 34O(4),
about a change to the transport security planholder’s
approved transport security plan.(2)Within14daysafterreceivingthenotice,thetransportsecurity plan
holder must return the following documents tothe chief
executive—(a)the plan incorporating the change;
and(b)if the applicant is a possession
licensee whose securityenhanced source is being transported
between locationsforthelicensee’sradiationpractice—thelicensee’spossession
licence in which the plan is identified.Maximum
penalty—50 penalty units.(3)Onreceivingtheplan,incorporatingthechange,thechiefexecutive must
immediately endorse the plan with the chiefexecutive’s
written approval and give the endorsed plan to thetransport security plan holder.(4)Onreceivingthelicence,thechiefexecutivemustimmediately
amend the licence to identify the amended planand give the
amended licence to the licensee.Subdivision
3Obligations in relation to approvedtransport security plans34QObligations in relation to approved
transport securityplan—transport security plan holderA
transport security plan holder must take reasonable steps toensure a person to whom the approved
transport security planapplies—(a)has
always available for inspection a copy of the parts ofthe
plan relevant to the person; andCurrent as at
[Not applicable]Page 47
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
34R](b)hasundergonethetrainingprogrammentionedintheplan.Maximum
penalty—2500 penalty units.Notauthorised—indicativeonly34RObligations in relation to approved
transport securityplan—access of persons to security enhanced
source(1)This section applies if there is an
approved transport securityplan for the
transport of a security enhanced source.(2)Aperson(thefirstperson)mustnotpersonallyaccess,orallow another person access to, the
source unless—(a)theapprovedtransportsecurityplanprovidesforthefirst person and
the other person to access the source;and(b)the first person has available for
inspection a copy of theparts of the approved transport
security plan relevant tothe access to the source; and(c)thefirstpersonhasundergonethetrainingprogrammentioned in the plan.Maximum penalty
for subsection (2)—2500 penalty units.Division 2Radiation safety officersSubdivision 1Appointment of
radiation safetyofficers35When
radiation safety officers must be appointed(1)Subsection (2) applies to a possession
licensee who, under thelicence, possesses a radiation source
for a radiation practice.(2)Thelicenseemustensure,wheneverthepracticeisbeingcarriedout,thatapersonhasbeenappointedas,andiscarrying out the functions of, a radiation
safety officer for thepractice.Page 48Current as at [Not applicable]
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radiation safety, protection and security provisions[s
36]Maximum penalty—100 penalty units.(3)Iftheappointmentoftheradiationsafetyofficerends,thelicensee does not contravene
subsection (2) in relation to anyperiod,beforethestartofanewappointment,thatmaybereasonably
necessary for the appointment to be made or takeeffect.36Who
may be appointed(1)Only a qualified person who holds a
radiation safety officercertificate relevant to a radiation
practice may be appointed asa radiation
safety officer for the practice.(2)Subjecttosubsection (1),apossessionlicenseewhoisaqualified person may appoint himself or
herself as a radiationsafety officer for a radiation
practice.(3)Despitesubsection
(1),apossessionlicenseewhoisnotaqualified person may appoint himself
or herself as a radiationsafetyofficerforaradiationpracticeifthelicenseeistheholder of a qualification, relevant to
the practice, prescribedunder a regulation.Subdivision 2Functions of
radiation safetyofficers37Functions(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a radiation source for a
radiation practice.(2)The licensee’s approved radiation
safety and protection planfor the practice must state at least
the following functions for aradiationsafetyofficerappointedbythelicenseeforthepractice—(a)to
identify ways, consistent with the plan, of minimisingthe
radiation doses received by persons from the source;Current as at [Not applicable]Page
49
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
37]Notauthorised—indicativeonly(b)to provide, or
arrange for the provision of, training aboutradiation
hazards and safe working practices to—(i)persons carrying out the practice;
and(ii)thelicensee’semployeesandotherpersonsworking for the licensee who may be exposed
toradiation emitted from the source;
and(iii)other persons
prescribed under a regulation;(c)to
provide, or arrange for the provision of, training to thepersonsmentionedinparagraph(b)aboutprecautionsthat need to be
taken to ensure radiation doses receivedby the persons
and other persons from the source, are—(i)forionisingradiation—belowtheradiationdoselimit prescribed under a regulation and as
low asreasonably achievable; or(ii)fornon-ionisingradiation—belowtheradiationdoselimitprescribedunderaregulationandminimised as far as is practicable;(d)to identify whether the plan is being
complied with;(e)toregularlyreviewtheplantoensureitscontinuedeffectiveness;(f)to
identify whether the relevant radiation safety standardfor
the source, or premises at which the practice is beingcarried out, is being complied with.(3)If a radiation safety officer
appointed for the practice is notalsothepossessionlicenseeforthepractice,theplanmustalso
state the following functions for the officer—(a)toadvisethelicenseeoftheways,identifiedundersubsection (2)(a),ofminimisingtheradiationdosesreceived by persons from the source;(b)to report to the licensee—(i)anycontraventionoftheplanortherelevantradiationsafetystandardidentifiedundersubsection (2)(d) or (f); andPage
50Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
38](ii)what action
needs to be taken to ensure compliancewith the plan or
standard;(c)to advise the licensee of the results
of a review undersubsection (2)(e)andmakerecommendationstothelicensee about changes to the
plan.(4)In this section—employees,ofapossessionlicensee,includeagentsofthelicensee and the
agents’ employees.Division 3Radiation
monitoring38Radiation monitoring—possession and
use licensees(1)This section applies to the following
persons—(a)a possession licensee who—(i)under the licence, possesses a
radiation source fora radiation practice; and(ii)provides to
another person (themonitored person)apersonalmonitoringdevice,asrequiredbythelicensee’s approved radiation safety
and protectionplan for the practice;(b)apossessionlicenseewho,underthelicensee’sapprovedradiationsafetyandprotectionplanforaradiation
practice under the licence, is a person (also themonitoredperson)requiredtobeprovidedwithapersonal monitoring device;(c)auselicensee(alsothemonitoredperson)who,asacondition of the licence, is
required—(i)to wear a personal monitoring device
when using aradiationsourcetocarryoutaradiationpracticeunder the licence; and(ii)to
have the device assessed from time to time.Current as at
[Not applicable]Page 51
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radiation safety, protection and security provisions[s
38]Notauthorised—indicativeonly(2)The licensee
must, as soon as practicable after receiving theresultofanassessmentofthedeviceundertheplanorcondition, give the chief executive written
notice of the result.Maximum penalty—50 penalty
units.Editor’s note—Undersection 28(3)(b),theradiationsafetyandprotectionplanisrequired to provide for the assessment
of personal monitoring devices.(3)Withoutlimitingsubsection (2),thelicenseeistakentocomply with subsection (2) if the notice is
given to the chiefexecutive,onthelicensee’sbehalf,bythepersonwhoconductedtheassessment,assoonaspracticableaftertheassessment is carried out.(4)The licensee must keep an up-to-date
record for the monitoredperson(apersonalmonitoringrecord),containingthefollowing information—(a)the
results of all the assessments;(b)other information prescribed under a
regulation.Maximum penalty—100 penalty units.(5)Without limiting the ways in which a
possession licensee oruselicenseemaycomplywithsubsection (4),apossessionlicensee or use
licensee is taken to comply with subsection (4)ifthepersonalmonitoringrecordiskept,onthelicensee’sbehalf,byanotherpersonunderarrangementsapprovedinwriting by the chief executive.(6)Forsubsection
(4),thepersonalmonitoringrecordmustbekept
until the later of the following days—(a)thedaythatis30yearsafterthedaywhenthelastassessment
happened;(b)the day when the monitored person
turns, or would haveturned, 75 years.(7)Thelicenseemustmakethepersonalmonitoringrecordavailable for inspection by the chief
executive or an inspectorat any reasonable time.Maximum penalty for subsection (7)—50
penalty units.Page 52Current as at
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radiation safety, protection and security provisions[s
39]39Obligations about personal monitoring
records—certainpossession licensees(1)Subsections (2) and (3) apply to a
possession licensee who—(a)underthelicence,possessesaradiationsourceforaradiation
practice; and(b)providestoanotherpersonapersonalmonitoringdevice,asrequiredunderthelicensee’sapprovedradiation safety and protection plan for the
practice.(2)The licensee must, as soon as
practicable after receiving theresultofanassessmentofthedeviceundertheplan,takereasonable steps to make the person aware of
the result.Maximum penalty—50 penalty units.(3)Thelicenseemustallowthepersontoinspect,atanyreasonable time, the personal
monitoring record kept by thelicensee for the
person.Maximum penalty—50 penalty units.(4)Subsection (5)appliesifthepersonstopsbeingapersontowhomthelicenseeisrequiredtoprovideapersonalmonitoring
device under the plan.(5)If asked in
writing by the person during the period for which apersonalmonitoringrecordisrequiredtobekeptbythelicenseefortheperson,thelicenseemustassoonaspracticable give the person a copy of the
record.Maximum penalty for subsection (5)—50
penalty units.Editor’s note—Section 38(6)
states the period for which a personal monitoring recordis
required to be kept by the licensee for the person.40Other obligations in relation to
personal monitoringrecords(1)This
section applies if—(a)a person stops being a licensee who is
required to keep apersonal monitoring record under section
38(4); andCurrent as at [Not applicable]Page
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Other radiation safety, protection and security provisions[s
41](b)immediately before the person stopped
being a licenseeofthattype,thepersonwaskeepingapersonalmonitoring
record under the subsection.(2)The
person must as soon as practicable ask the chief executivefor
directions about the keeping of the record.Maximum
penalty—50 penalty units.(3)The chief
executive must give the person written directionsabout the keeping of the record.(4)Without limiting subsection (3), a
direction may require thepersontogivetherecordtoanotherperson,including,forexample, the chief executive, who is to keep
the record.(5)The directions are to ensure the
record will continue to be keptuntil the later
of the following days—(a)thedaythatis30yearsafterthedaywhenthelastassessment of a
personal monitoring device, mentionedin the record,
happened;(b)thedaywhenthepersontowhomtherecordrelatesturns, or would have turned, 75
years.(6)The person must comply with the
written directions given tothepersonbythechiefexecutive,unlessthepersonhasareasonable excuse.Maximum penalty
for subsection (6)—100 penalty units.Division 4Diagnostic or therapeuticprocedures involving the irradiationof
persons41Diagnostic or therapeutic
procedures(1)Aperson(thefirstperson)mustnotprescribeforanotherperson a
therapeutic procedure, or request for another persona
diagnostic procedure, involving the irradiation of the otherperson, unless the first person is
authorised to do so under aregulation
(anauthorised person).Page
54Current as at [Not applicable]
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
41]Notauthorised—indicativeonlyMaximum penalty—200 penalty units.(2)A use licensee who, under the licence,
uses a radiation sourceto carry out a diagnostic or
therapeutic procedure involvingthe irradiation
of a person must not carry out the procedureunlessthelicenseereasonablybelievesthediagnosticprocedurehasbeenrequested,orthetherapeuticprocedurehas
been prescribed, by an authorised person.Maximum
penalty—200 penalty units.Examplesofadiagnosticortherapeuticprocedureinvolvingtheirradiation of a person—1using an x-ray machine to identify bone
fractures suffered by aperson2using a radiopharmaceutical administered to
a person to assess theperson’s thyroid function3using an implanted radioactive
substance to treat a person’s cancer(3)A
use licensee who, under the licence, uses a radiation sourceto
carry out a diagnostic or therapeutic procedure involvingthe
irradiation of a person (thetreated
person) must ensurethe treated
person does not receive a radiation dose from thecarrying out of the procedure in an amount,
or a way, that doesnot comply with the request for the
diagnostic procedure orprescription for the therapeutic
procedure.Maximum penalty—200 penalty units.(4)Subsections (2)and(3)donotapplytoapersonwhoisanauthorised
person for the procedure.(5)Also, the
licensee must not, in carrying out the procedure withthe
source, allow another person involved in carrying out theprocedure, other than the treated person, to
receive a radiationdose higher than the radiation dose limit
prescribed under aregulation.Maximum penalty
for subsection (5)—200 penalty units.Example for
subsection (5)—Aparentofachild,whoisholdingthechildwhilethechildisundergoingdiagnosticradiography,isinvolvedincarryingouttheprocedure.Current as at
[Not applicable]Page 55
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
42]Division 5Limitation on
exposure of anyperson to radiationNotauthorised—indicativeonly42Causing radiation
exposure(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a radiation source for a
radiation practice.(2)A person, in carrying out the practice
with the source, mustnotcauseanotherpersontoreceivearadiationdosehigherthan the
radiation dose limit prescribed under a regulation.Maximum penalty—500 penalty units.(3)Subsection (2) does not apply
if—(a)the other person receives the dose
while being a treatedperson; orEditor’s
note—Section 41(3) deals with this
situation.(b)theotherpersonreceivesthedosewhileinvolvedincarryingoutadiagnosticortherapeuticprocedureinvolving the irradiation of a
person.Editor’s note—Section 41(5)
deals with this situation.Division 6Additional
obligations ofpossession licensees and otherpersons43Additional obligations of possession
licensees(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a radiation source for a
radiation practice.(2)The licensee must take reasonable
steps to ensure that neitherof the following
is adversely affected by exposure to radiationbecause of the
carrying out of the practice with the source—(a)the
health or safety of any person;Page 56Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
43](b)the environment.Maximum
penalty—500 penalty units.(3)Without limiting
the ways in which a possession licensee maycomply with
subsection (2), a possession licensee is taken tocomply with subsection (2) if at the
relevant time—(a)thesourcecomplieswiththerelevantradiationsafetystandard;
and(b)ifthepracticeisbeingcarriedoutatpremises—thepremisescomplywiththerelevantradiationsafetystandard;
and(c)the licensee is complying with the
licensee’s approvedradiation safety and protection plan for the
practice.(4)Also,thelicenseemusttakereasonablestepstoensureanother person
does not use the source unless the person isallowed to do so
under a use licence or otherwise under thisAct.Maximum penalty—500 penalty units.Editor’s note—Section 13(2)
states circumstances in which a person is not required tohold
a use licence to use a radiation source to carry out a
radiationpractice.(5)Subsection (6) applies if the source is a
radioactive substance.(6)Thelicenseemusttakereasonablestepstoensureanotherperson does not transport the substance
unless the person isallowed to do so under a transport
licence or otherwise underthis Act.Maximum penalty
for subsection (6)—500 penalty units.Editor’s
note—Section 14(3) states circumstances in which
a person is not required tohold a transport
licence to transport a radioactive substance.Current as at
[Not applicable]Page 57
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6
Other radiation safety, protection and security provisions[s
44]44Additional obligation of persons
carrying out radiationpractices(1)Thissectionappliesifapossessionlicensee,underthelicence, possesses a radiation source for a
radiation practice.(2)A person carrying out the practice
with the source must takereasonablestepstoensurethatneitherofthefollowingisadverselyaffectedbyexposuretoradiationbecauseoftheway the person
carries out the practice—(a)the health or
safety of any person;(b)the
environment.Maximum penalty—500 penalty units.(3)Without limiting the ways in which a
person carrying out thepracticewiththesourcemaycomplywithsubsection (2),apersoncarryingoutthepracticewiththesourceistakentocomply with subsection (2) if, at the
relevant time, the personis complying with the licensee’s
approved radiation safety andprotection plan
for the practice.44AAdditional obligations of persons for
security enhancedsources(1)This
section applies to the following persons—(a)a
possession licensee who, under the licence, possessesa
security enhanced source;(b)the possession
licensee’s employees and other personswho have access,
or control access, to the source underthelicensee’sapprovedsecurityplanorapprovedtransport
security plan for the source;(c)otherpersonstowhomthepossessionlicensee’sapprovedsecurityplanorapprovedtransportsecurityplan
applies;(d)atransportlicenseewhoistransporting2ormoreradioactivesubstancesthathavebecomeasecurityenhanced source
as a result of their aggregation;Page 58Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
44B](e)thetransportlicensee’semployeesandotherpersonswho
have access, or control access, to the source underthelicensee’sapprovedtransportsecurityplanforthesource;(f)other persons to whom the transport
licensee’s approvedtransport security plan applies;(g)another person (thetransporter) who is
transporting 2or more radiation sources that have become a
securityenhanced source as a result of their
aggregation;(h)the transporter’s employees and other
persons who haveaccess,orcontrolaccess,tothesourceunderthetransporter’sapprovedtransportsecurityplanforthesource;(i)otherpersonstowhomthetransporter’sapprovedtransport security plan applies.(2)A person to whom this section applies
must take reasonablesteps to ensure the security of the
security enhanced source.Maximum penalty—2500 penalty
units.(3)Without limiting the ways in which a
person may comply withsubsection (2),apersonistakentocomplywithsubsection (2) if, at the relevant time, the
person is complyingwith the parts of the following that apply
to the person—(a)the licensee’s approved security
plan;(b)anapprovedtransportsecurityplanapplyingtothetransport of the
source.(4)In this section—employees, of
a licensee or transporter, include agents of thelicensee or transporter and the agents’
employees.44BRequirement to have a nominated
person(1)This section applies to the following
licensees if the licenseeis a corporation—Current as at
[Not applicable]Page 59
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6
Other radiation safety, protection and security provisions[s
45](a)apossessionlicenseewhoisallowedtopossessasecurity enhanced source under the
licence;(b)atransportlicenseewhoisallowedtotransportaradioactive substance that is a security
enhanced sourceother than by road.(2)Thelicenseemustappointandretainanindividual(anominatedperson)tooverseethesecurityofthesecurityenhanced
source.Maximum penalty—2500 penalty units.(3)If the appointment of the licensee’s
nominated person ends,the licensee must give the chief
executive written notice of theending of the
appointment within 7 days of its ending.(4)If
the licensee gives the chief executive written notice undersubsection (3), the licensee does not
contravene subsection (2)inrelationtoanyperiod,beforethestartofanewappointment,thatmaybereasonablynecessaryfortheappointment to
be made or take effect.Division 7Mandatory
reporting requirements45Notification of
dangerous events(1)This section applies—(a)if a possession licensee, under the
licence, possesses aradiation source for a radiation
practice; and(b)anyofthefollowingevents(adangerousevent)happen—(i)thesourceis,orappearstohavebeen,lostorstolen;(ii)thereisaradiationincidentinrelationtothesource,forwhichtherearenoremediationproceduresstatedinthelicensee’sapprovedradiation safety and protection plan for the
practicebeing carried out with the source at the
time;Page 60Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
45](iii)equipment that
uses, measures or controls radiationemittedfromthesourcemalfunctionswiththeresult, or likely result, that there
is, or will be, anunintended emission of the radiation or a
person is,or will be, unintentionally exposed to the
radiation;(iv)the source is
damaged;(v)the source is subject to access that
is not providedforunderanapprovedsecurityplanorapprovedtransport
security plan.(2)The licensee must give the chief
executive notice, as requiredunder
subsections (3) and (4), of the dangerous event, unlessthe
licensee has a reasonable excuse.Maximum
penalty—(a)if the dangerous event relates to a
radiation source that isnot a security enhanced source—100
penalty units; or(b)if the dangerous event relates to a
radiation source that isa security enhanced source—2500
penalty units.(3)The notice must—(a)be
given immediately, orally or in writing; and(b)state the following—(i)particulars adequate to identify the
source;(ii)if the licensee
knows the location of the source, itslocation;(iii)ifthelicenseedoesnotknowthelocationofthesource, the last location known to the
licensee;(iv)thecircumstancessurroundingthedangerousevent;(v)the steps taken, or proposed to be
taken, to remedytheconsequencesofthedangerouseventandtoprevent the
event happening again;Current as at [Not applicable]Page
61
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 6
Other radiation safety, protection and security provisions[s
46]Example—Thepossessionlicenseemayinitiateareviewoftherelevant security plan and submit
changes to the plan tothe chief executive for
approval.(vi)ifasourceislostorstolen,otherinformationrelevant to the
recovery of the source.(4)If the notice is
given orally, the licensee must give the chiefexecutive a
written notice confirming the oral notice within 7days
after the dangerous event happens.(4A)If a
notice under subsection (2) relates to a security enhancedsource,thechiefexecutivemustimmediatelyadviseeachrelevant
authority the chief executive considers appropriate ofthe
details contained in the notice.(5)In
this section—radiation incidentmeans an
incident adversely affecting, orlikely to
adversely affect, either of the following because ofthe
emission of radiation—(a)the health or
safety of any person;(b)the
environment.relevant authoritymeans—(a)the Queensland Police Service;
or(b)abodythathaspowerunderanActoftheCommonwealthoraStatetodealwitharadiationincident or
dangerous event; or(c)another body prescribed by
regulation.remediationprocedures,foraradiationincident,meansprocedures designed to minimise the
radiation hazard arisingfrom the incident.46False
or misleading noticesApossessionlicenseemustnotgivethechiefexecutiveanoticeundersection 45containinginformationthelicenseeknows is false
or misleading in a material particular.Page 62Current as at [Not applicable]
Radiation Safety Act 1999Part 6 Other
radiation safety, protection and security provisions[s
47]Maximum penalty—50 penalty units.Notauthorised—indicativeonlyDivision 8Banned radiation
sources andradiation practices47Banning of certain radiation sources(1)A person must not possess, supply or
use a radiation sourcethat is prescribed under a regulation
to be a banned radiationsource.Maximum
penalty—400 penalty units.(2)In this
section—sellmeans sell by
retail, wholesale or auction, and includes—(a)offer or agree to sell; and(b)invite to treat or expose for sale;
and(c)cause or permit to be sold; and(d)supplyunderalease,exchange,hiringorothercommercial
arrangement.supplyincludes—(a)distribute, give or sell; and(b)offer or agree to distribute or give;
and(c)cause or permit to be distributed or
given; and(d)attempt to supply or do an act
mentioned in paragraphs(a) to (c).47ABanning of certain radiation
practices(1)A person in possession of a prescribed
radiation source mustnot allow a radiation practice to be
carried out that exposesanotherpersonprescribedunderaregulationtoradiationemitted from the
source in the circumstances prescribed undera
regulation.Current as at [Not applicable]Page
63
Radiation Safety Act 1999Part 7 Act
instruments[s 48]Maximum
penalty—400 penalty units.(2)In this
section—prescribedradiationsourcemeansaradiationsourceprescribed by regulation for this
section.Notauthorised—indicativeonlyPart 7Act
instrumentsDivision 1Preliminary48What
is an Act instrumentAnAct
instrumentis—(a)a licence;
or(b)an accreditation certificate;
or(c)an approval; or(d)a
radiation safety officer certificate.49Who
may apply for Act instruments(1)Any
person may apply for the following Act instruments—(a)a possession licence;(b)atransportlicencethatallowsthetransportofaradioactive substance other than by
road;(c)an approval to dispose.(2)Anindividual,andonlyanindividual,mayapplyforthefollowing Act instruments—(a)a use licence;(b)atransportlicencethatallowsthetransportofaradioactive substance by road;(c)an accreditation certificate;(d)a radiation safety officer
certificate.Page 64Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7 Act
instruments[s 50]Note—See
also section 103K in relation to persons who are taken to hold a
uselicence or a transport licence.(3)Apossessionlicensee,andonlyapossessionlicensee,mayapply for the following Act
instruments—(a)an approval to acquire;(b)an approval to relocate.50Act instrument issued jointly to more
than 1 personIf an Act instrument is issued jointly to
more than 1 person, areferenceinthisActtotheholderoftheinstrumentisareference to each of the
persons.50ANo Act instruments for banned
radiation sourcesA person may not apply for, and the chief
executive may notissue, an Act instrument for a banned
radiation source.Division 2Applications
for, and issue of, ActinstrumentsSubdivision
1Applications51Procedural requirements for
applications(1)An application for an Act instrument
must—(a)be made to the chief executive;
and(b)be in the approved form; and(c)be accompanied by the
following—(i)the fees prescribed under a
regulation;Current as at [Not applicable]Page
65
Radiation Safety Act 1999Part 7 Act
instruments[s 51]Notauthorised—indicativeonly(ii)iftheapplicantisanindividual—thedocumentsprescribedunderaregulationtoprovetheapplicant’s identity;(iii)if
the applicant is required to appoint a nominatedperson—thedocumentsprescribedunderaregulationtoprovethenominatedperson’sidentity;(iv)other documents prescribed under a
regulation.(2)Iftheapplicationisfora possessionlicenceforaradiationsource that is not a security enhanced
source, the applicationmustalsobeaccompaniedbytheproposedradiationsafetyandprotectionplanfortheradiationpracticeforwhichtheapplicant wants to possess the radiation
source.(3)Iftheapplicationisfora possessionlicenceforaradiationsource that is a security enhanced source,
the application mustalso be accompanied by—(a)the proposed radiation safety and
protection plan for theradiationpracticeforwhichtheapplicantwantstopossess the radiation source;
and(b)the proposed security plan for the
radiation source.(4)If the application is for an approval
to relocate, the applicationmustalsobeaccompaniedbythewrittenapprovalfortheproposedrelocationgivenbytheregulatoryauthorityresponsible for preventing or minimising
health risks to anyperson or harm to the environment, in so far
as exposure toradiation is concerned, in the locality to
which the applicantproposes to relocate the radiation source
concerned.(5)Iftheapplicationisforapossessionlicenceortransportlicence for a
security enhanced source or a use licence for aportable
security enhanced source—(a)theapplicationmustalsobeaccompaniedbythefeeprescribed under
a regulation for the security check andcriminal history
check under division 10; and(b)the
approved form must require—Page 66Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7 Act
instruments[s 52](i)the
disclosure of the applicant’s criminal history;and(ii)if the applicant
is a corporation—(A)thenominationbythecorporationoftheindividualwhowilloverseethesecurityofthe
security enhanced source; and(B)thedisclosureofthatindividual’scriminalhistory.(6)TheCriminalLaw(RehabilitationofOffenders)Act1986does not apply
to a disclosure under subsection (5)(b).(7)The
chief executive must consider the application and eithergrant, or refuse to grant, the
application.(8)The chief executive may grant the
application only if the chiefexecutive is
satisfied the applicant is a suitable person to holdthe
instrument.52Different types of approval to acquire
a radiation source(1)An application for an approval to
acquire may be made for—(a)a single
acquisition of a radiation source; or(b)theperiodicacquisitionofanunsealedradioactivesubstance or
prescribed sealed radioactive substance (acontinuing
approval to acquire).Example for paragraph (a)—A
hospital may make application for an approval to acquire anx-ray machine.Example for
paragraph (b)—Ahospitalmaymakeapplicationforanapprovaltoacquirequantities of an
unsealed radioactive substance, for use by aperson in
carrying out diagnostic or therapeutic procedures, on aweekly basis during the term of the
possession licence held bythe hospital for the substance.(2)In this section—prescribed
sealed radioactive substancemeans a
short-lived,low-activitysealedradioactivesubstance,usuallyusedinCurrent as at [Not applicable]Page
67
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7
Act instruments[s 53]carrying out a
diagnostic or therapeutic procedure involvingtheirradiationofanotherperson,prescribedunderaregulation.Subdivision
2Criteria for applications53Criteria for applications—possession
licences(1)In deciding whether an applicant for a
possession licence is asuitable person to hold the licence,
the chief executive mayhave regard to the following—(a)the radiation practice for which the
applicant wants topossesstheradiationsourcetowhichtheapplicationrelates;(b)for an ionising radiation source—the
justification of thepractice;Editor’s
note—Justificationisaradiationsafety,protectionandsecurityprinciple under
section 5 (Guiding principles).(c)theadequacyoftheproposedradiationsafetyandprotectionplanforthepractice,havingregardtosection 28;Editor’s
note—Section 28 ((What is aradiation safety
and protection plan)Undersection
51(2)and(3),anapplicationforapossessionlicence must be
accompanied by the proposed radiation safetyandprotectionplanfortheradiationpracticeforwhichtheapplicant wants to possess a radiation
source.(d)theapplicant’sabilitytocomplywithapossessionlicensee’sobligationsundersections 17,18,3334F,34Q, 43, 44A and
44B;(e)iftheapplicanthasbeenconvictedofanindictableoffence—thenature,andcircumstancesofthecommission, of the offence;Page
68Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7 Act
instruments[s 54](f)whether the applicant has been convicted of
an offenceagainstthisAct,therepealedActoracorrespondinglaw;(g)the outcome of the security check and
criminal historycheck under division 10 for—(i)the applicant; or(ii)iftheapplicantisacorporation,thenominatedperson for the
applicant;(h)whether the applicant held an Act
instrument under thisAct, or a similar instrument under the
repealed Act or acorresponding law, that was suspended or
cancelled;(i)if the application relates to a
security enhanced source,theadequacyoftheproposedsecurityplanforthesource, having
regard to section 34A;(j)anythingelserelevanttothesecurityoftheradiationsource to which the application
relates;(k)anythingelserelevanttothefollowinginsofarasexposure to radiation is concerned—(i)the health or safety of any
person;(ii)harm to the
environment.(2)For subsection (1)(g), the chief
executive must have regard towhether—(a)a person mentioned in that provision
has been convictedof, or charged with, a relevant offence in
Queensland orelsewhere; and(b)itisanunacceptablesecurityriskforthepersontopossess a security enhanced source.54Criteria for applications—use
licences(1)In deciding whether an applicant for a
use licence is a suitablepersontoholdthelicence,thechiefexecutivemayhaveregard to the
following—Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7
Act instruments[s 54](a)thequalifications,training,skills,competence,knowledgeandexperienceoftheapplicantthatarerelevanttotheradiationpracticetowhichtheapplication relates;(b)iftheapplicantisapersonregisteredasaveterinarysurgeonundertheVeterinarySurgeonsAct1936orahealthpractitioner—anyconditionsattachingtotheapplicant’s
registration, enrolment or accreditation as aveterinarysurgeonorhealthpractitionerlimitingtheapplicant’s ability to carry out the
practice;(c)iftheapplicanthasbeenconvictedofanindictableoffence—thenature,andcircumstancesofthecommission, of the offence;(d)whether the applicant has been
convicted of an offenceagainstthisAct,therepealedActoracorrespondinglaw;(e)the outcome of the security check and
criminal historycheck under division 10 for the
applicant;(f)whether the applicant held an Act
instrument under thisAct, or a similar instrument under the
repealed Act or acorresponding law, that was suspended or
cancelled;(g)anythingelserelevanttothesecurityoftheradiationsource to which
the application relates;(h)anythingelserelevanttothefollowinginsofarasexposure to radiation is
concerned—(i)the health or safety of any
person;(ii)harm to the
environment.(2)For subsection (1)(e), the chief
executive must have regard towhether—(a)the applicant has been convicted of,
or charged with, arelevant offence in Queensland or elsewhere;
and(b)it is an unacceptable security risk
for the applicant to usea security enhanced source.Page
70Current as at [Not applicable]
Radiation Safety Act 1999Part 7 Act
instruments[s 55]Notauthorised—indicativeonly55Criteria for applications—transport
licences(1)In deciding whether an applicant for a
transport licence is asuitable person to hold the licence,
the chief executive mayhave regard to the following—(a)how the radioactive substance, to
which the applicationrelates, is to be transported by the
applicant;(b)the amount of the substance the
licensee is to transportat a time;(c)the
applicant’s competency in relation to the handling,packing,transportation,storageanddeliveryofthesubstance;(d)iftheapplicanthasbeenconvictedofanindictableoffence—thenature,andcircumstancesofthecommission, of the offence;(e)whether the applicant has been
convicted of an offenceagainstthisAct,therepealedActoracorrespondinglaw;(f)the outcome of the security check and
criminal historycheck under division 10 for—(i)the applicant; and(ii)iftheapplicantisacorporation,thenominatedperson for the
applicant;(g)whether the applicant held an Act
instrument under thisAct, or a similar instrument under the
repealed Act or acorresponding law, that was suspended or
cancelled;(h)anything else relevant to the security
of the radioactivesubstance to which the application
relates;(i)anythingelserelevanttothefollowinginsofarasexposure to radiation is concerned—(i)the health or safety of any
person;(ii)harm to the
environment.(2)For subsection (1)(f), the chief
executive must have regard towhether—Current as at [Not applicable]Page
71
Radiation Safety Act 1999Part 7 Act
instruments[s 56](a)a
person mentioned in that provision has been convictedof,
or charged with, a relevant offence in Queensland orelsewhere; and(b)itisanunacceptablesecurityriskforthepersontotransport a security enhanced source.Notauthorised—indicativeonly56Criteria for
applications—accreditation certificatesIndecidingwhetheranapplicantforanaccreditationcertificate is a
suitable person to hold the certificate, the chiefexecutive may have regard to the
following—(a)thequalifications,training,skills,knowledgeandexperienceoftheapplicantthatarerelevanttotheapplicant’scompetencytoassesswhetherthetypeofradiationsourceorpremises,towhichtheapplicationrelates,complieswiththerelevantradiationsafetystandard;(b)iftheapplicanthasbeenconvictedofanindictableoffence—thenature,andcircumstancesofthecommission, of the offence;(c)whether the applicant has been
convicted of an offenceagainstthisAct,therepealedActoracorrespondinglaw;(d)whethertheapplicantheldanaccreditationcertificateunderthisAct,orasimilarinstrumentunderacorresponding law, that was suspended
or cancelled;(e)anythingelserelevanttothefollowinginsofarasexposure to radiation is concerned—(i)the health or safety of any
person;(ii)harm to the
environment.57Criteria for applications—approvals to
acquireIn deciding whether an applicant for an
approval to acquire isa suitable person to hold the
approval, the chief executive mayhave regard to
the following—Page 72Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7 Act
instruments[s 57](a)thefollowingparticularsoftheapplicant’spossessionlicence—(i)theradiationsourcetheapplicantisallowedtopossess;(ii)theradiationpracticeforwhichtheapplicantisallowed to possess the source;(iii)the term of the
licence;(iv)any conditions
of the licence;(b)theapplicant’sreasonforwantingtoacquiretheradiation source to which the application
relates;(c)whether the application contains
particulars adequate toidentify the source;(d)theparticulars,statedintheapplication,ofhowtheapplicantproposestoeventuallydisposeof,relocate,sell or give
away the source;(e)whether the applicant held an approval
to acquire underthis Act, or a similar instrument under a
correspondinglaw, that was suspended or cancelled;(f)whethertheradiationsourcetowhichtheapplicationrelates, when
aggregated with radiation sources alreadyin the
applicant’s possession, will result in the applicantbeing in possession of a security enhanced
source;(g)if the application relates to a
security enhanced source—(i)the adequacy of
the approved security plan for thesource, having
regard to section 34A; and(ii)theadequacyofanyapprovedtransportsecurityplan for the
source, having regard to section 34H;(h)anythingelserelevanttothesecurityoftheradiationsource to which
the application relates;(i)anythingelserelevanttothefollowinginsofarasexposure to radiation is
concerned—(i)the health or safety of any
person;Current as at [Not applicable]Page
73
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 7
Act instruments[s 58](ii)harm
to the environment.58Criteria for applications—approvals to
disposeIn deciding whether an applicant for an
approval to dispose isa suitable person to hold the
approval, the chief executive mayhave regard to
the following—(a)theapplicant’sreasonforwantingtodisposeoftheradioactive material to which the
application relates;(b)how the
applicant proposes to dispose of the material;(c)whether the material can be dealt with in
another waythatismoreconducivetoecologicalhealthorpublicamenity or
safety;(d)whetherthedisposalwould,orislikelyto,resultinanother Act being contravened;(e)whether the applicant held an approval
to dispose underthis Act, or a similar instrument under the
repealed Actor a corresponding law, that was suspended
or cancelled;(f)anythingrelevanttothesecurityoftheradioactivematerial to
which the application relates;(g)anythingelserelevanttothefollowinginsofarasexposure to radiation is concerned—(i)the health or safety of any
person;(ii)harm to the
environment.Example of dealt with in another way for
paragraph (c)—there-encapsulationofasealedradioactivesubstanceforitsre-use, instead
of its disposalExample for paragraph (d)—The
disposal of solid radioactive material may result in othersubstances being released into the
environment in contraventionof theEnvironmental Protection Act 1994.Page 74Current as at
[Not applicable]
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instruments[s 59]Notauthorised—indicativeonly59Criteria for applications—approvals to
relocate(1)In deciding whether an applicant for
an approval to relocate isa suitable person to hold the
approval, the chief executive mayhave regard to
the following—(a)theapplicant’sreasonforwantingtorelocatetheradiation source to which the application
relates;(b)theabilityoftheapplicanttocomplywithanyintergovernmentalagreementorinternationaltreatyabout the movement of radiation
sources;(c)if the purpose of the proposed
relocation is the eventualdisposal of the source—whether it can
be dealt with inanother way that is more conducive to
ecological healthor public amenity or safety;(d)whether the applicant held an approval
to relocate underthis Act, or a similar instrument under a
correspondinglaw, that was suspended or cancelled;(e)if the application relates to a
security enhanced source—(i)the adequacy of
the approved security plan for thesource, having
regard to section 34A; and(ii)theadequacyoftheapprovedtransportsecurityplan for the
source, having regard to section 34H;(f)anythingelserelevanttothesecurityoftheradiationsource to which
the application relates;(g)anythingelserelevanttothefollowinginsofarasexposure to radiation is
concerned—(i)the health or safety of any
person;(ii)harm to the
environment.Examplesofreasonforwantingtorelocatetheradiationsourceforsubsection (1)(a)—1relocateasealedradioactivesubstancetoaplaceoutsideQueensland for
re-encapsulation before its re-use in Queensland2relocate a radioactive substance for
safe storage in a purpose-builtfacility outside
Queensland3relocate a radiation source for use
outside QueenslandCurrent as at [Not applicable]Page
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Act instruments[s 60]Example of dealt
with in another way for subsection (1)(c)—the
re-encapsulation of a sealed radioactive substance for its
re-use,instead of its disposal(2)In
this section—intergovernmentalagreementmeansanagreemententeredinto
between—(a)the State and a government of the
locality to which theapplicantproposestorelocatethesourceorthroughwhich the
applicant proposes to transport the source; or(b)the
Commonwealth and a government of the locality towhich the applicant proposes to relocate the
source.internationaltreatymeansatreaty,dealingwiththerelocationofthesource,towhichtheCommonwealthisaparty.treatyincludesaconvention,protocol,agreementorarrangement.60Criteria for applications—radiation safety
officercertificatesIn deciding
whether an applicant for a radiation safety officercertificate is a suitable person to hold the
certificate, the chiefexecutive may have regard to the
following—(a)the applicant’s knowledge of the
legislation, guidelines,codes of practice and standards
relevant to the type ofradiation practice to which the
application relates;(b)the applicant’s
knowledge and skills in—(i)measuring and
monitoring radiation; and(ii)interpreting
radiation measurements; and(iii)applyingradiationsafety,protectionandsecurityprinciples;(c)theapplicant’sknowledgeofthebiologicaleffectsofradiation;Page 76Current as at [Not applicable]
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instruments[s 61](d)the
applicant’s competency to perform the functions of aradiation safety officer in relation to the
type of practice;(e)iftheapplicanthasbeenconvictedofanindictableoffence—thenature,andcircumstancesofthecommission, of the offence;(f)whether the applicant has been
convicted of an offenceagainstthisAct,therepealedActoracorrespondinglaw;(g)whether the applicant has held a
radiation safety officercertificate under this Act, or a
similar instrument under acorresponding law, that was suspended
or cancelled;(h)anythingelserelevanttothefollowinginsofarasexposure to radiation is concerned—(i)the health or safety of any
person;(ii)harm to the
environment.Subdivision 3Decision on
applications61Inquiries into applications(1)Before deciding the application, the
chief executive—(a)may investigate the applicant;
and(b)may, by written notice given to the
applicant, require theapplicant to give the chief executive,
within a reasonableperiodofatleast30daysstatedinthenotice,furtherinformationoradocumentthechiefexecutivereasonably requires to decide the
application; and(c)if the application is for a use
licence, transport licenceallowingthetransportofaradioactivesubstancebyroad, accreditation certificate or
radiation safety officercertificate—may,bywrittennoticegiventotheapplicant,requiretheapplicanttoundergoawritten,oral or
practical examination within a reasonable periodof
at least 30 days stated in the notice.Current as at
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Act instruments[s 61](2)The
purpose of an examination under subsection (1)(c) mustbe
to assess—(a)for a use licence to use a radiation
source to carry out aradiation practice—(i)theapplicant’scompetencytousethesourcetocarry out the practice; and(ii)the applicant’s
knowledge of issues relevant to thefollowinginsofarasexposuretoradiationisconcerned—(A)the
health or safety of any person;(B)harm
to the environment; and(iii)the applicant’s
knowledge of issues relevant to thesecurity of the
source; or(b)foratransportlicenceallowingthetransportofaradioactive substance by road—(i)theapplicant’scompetencyinrelationtothehandling,packing,transportation,storageanddelivery of the substance; and(ii)the applicant’s
knowledge of issues relevant to thefollowinginsofarasexposuretoradiationisconcerned—(A)the
health or safety of any person;(B)harm
to the environment; and(iii)the applicant’s
knowledge of issues relevant to thesecurity of the
substance; or(c)for an accreditation
certificate—(i)foratypeofradiationsource—theapplicant’scompetency to
assess whether a radiation source ofthattypecomplieswiththerelevantradiationsafety standard; and(ii)foratypeofpremises—theapplicant’scompetencytoassesswhetherpremisesofthatPage 78Current as at [Not applicable]
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instruments[s 61]typecomplywiththerelevantradiationsafetystandard;
and(iii)the applicant’s
knowledge of issues relevant to thefollowinginsofarasexposuretoradiationisconcerned—(A)the
health or safety of any person;(B)harm
to the environment; and(iv)the applicant’s
knowledge of issues relevant to thesecurity of a
radiation source; or(d)for a radiation
safety officer certificate—(i)theapplicant’sknowledgeofthelegislation,guidelines,
codes of practice and standards relevanttothetypeofradiationpracticetowhichtheapplication relates; and(ii)the
applicant’s knowledge and skills in—(A)measuring and monitoring radiation;
and(B)interpreting radiation measurements;
and(C)applyingradiationsafety,protectionandsecurity principles; and(iii)the
applicant’s knowledge of the biological effectsof radiation;
and(iv)theapplicant’scompetencytoperformthefunctions of a radiation safety officer in
relation tothe type of practice; and(v)the applicant’s knowledge of issues
relevant to thefollowinginsofarasexposuretoradiationisconcerned—(A)the
health or safety of any person;(B)harm
to the environment.(3)The applicant is taken to have
withdrawn the application if,within the
stated period, the applicant—Current as at
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Act instruments[s 62](a)doesnotcomplywitharequirementundersubsection (1)(b); or(b)doesnotundergoanexaminationundersubsection (1)(c).(4)A
notice under subsection (1)(b) or (c) must be given to theapplicant within 90 days after the chief
executive receives theapplication.62Decision(1)Ifthechiefexecutivedecidestogranttheapplication,thechiefexecutivemustimmediatelyissuetheActinstrumentapplied for to
the applicant.(2)Ifthechiefexecutivedecidestorefusetogranttheapplication,thechiefexecutivemustimmediatelygivetheapplicant an information notice about
the decision.63Failure to decide applications(1)Subject to subsections (2) and (3), if
the chief executive failsto decide the application within 90
days after its receipt, thefailureistakentobeadecisionbythechiefexecutivetorefuse to grant the application.(2)Subsection (3) applies if—(a)a person has made an application for
an Act instrument;and(b)the chief
executive has—(i)undersection
61(1)(b),requiredtheapplicanttogivethechiefexecutivefurtherinformationoradocument; or(ii)undersection
61(1)(c),requiredtheapplicanttoundergo an examination.(3)Thechiefexecutiveistakentohaverefusedtogranttheapplicationifthechiefexecutivedoesnotdecidetheapplication by the later of the following
days—Page 80Current as at
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instruments[s 64](a)the
day that is 90 days after the chief executive receivesthe
further information or document;(b)the
day that is 90 days after the chief executive receivesthe
results of the examination.(4)If
the application is an application for a licence, this section
issubject to section 64.64Further consideration of applications for
licences(1)This section applies if the chief
executive considers he or sheneeds further
time to make a decision on an application for alicence because
of the complexity of the matters that need tobe considered in
deciding the application.Example of an application likely to
raise complex matters—anapplicationforapossessionlicencetopossessradioactivesubstances for
the manufacture of radiopharmaceuticals(2)Thechiefexecutivemayatanytimebeforethefinalconsideration
day give written notice to the applicant that—(a)because of the complexity of the matters
that need to beconsideredindecidingtheapplication,thechiefexecutive needs
further time to decide the application;and(b)the period within which the chief
executive must decidethe application is extended to a day
(theextended day)that
is 90 days after the final consideration day.(3)Also, the applicant and chief executive may
at any time beforethefinalconsiderationdayagreeinwritingonaday(theagreedextendedday)bywhichtheapplicationistobedecided.(4)Thechiefexecutiveistakentohaverefusedtogranttheapplicationifthechiefexecutivedoesnotdecidetheapplication by the latest of the following
days—(a)if the chief executive has given a
notice to the applicantunder subsection (2)—the extended
day;Current as at [Not applicable]Page
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Act instruments[s 65](b)if
there is an agreement between the applicant and chiefexecutiveundersubsection (3)—theagreedextendedday.(5)In this section—finalconsiderationdaymeansthelaterofthefollowingdays—(a)the day that is 90 days after receipt
of the application;(b)ifthechiefexecutivehas,undersection 61(1)(b),required the
applicant to give the chief executive furtherinformation or a
document—the day that is 90 days afterthe chief
executive receives the further information ordocument;(c)ifthechiefexecutivehas,undersection 61(1)(c),required the
applicant to undergo an examination—theday that is 90
days after the chief executive receives theresults of the
examination.Subdivision 4Information in
Act instruments65Forms of Act instruments(1)An Act instrument must be in the
approved form.(2)Theapprovedformmustprovidefortheinclusionofthefollowing—(a)the
name of the holder of the instrument;(b)the
term of the instrument;(c)any conditions
of the instrument imposed by the chiefexecutive.66Additional information for possession
licences(1)The approved form for a possession
licence must also providefor the inclusion of the
following—Page 82Current as at
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instruments[s 67](a)particulars of the radiation source the
licensee is allowedto possess;(b)the
radiation practice for which the licensee is allowedto
possess the source.(2)Also, the approved form must
identify—(a)the approved radiation safety and
protection plan for theradiation practice; and(b)ifthelicenseeisinpossessionofasecurityenhancedsource—(i)the
approved security plan for the source; and(ii)the
approved transport security plan for the sourceif the
licensee’s security enhanced source is beingtransportedbetweenlocationsforthelicensee’sradiation
practice.67Additional information for use
licencesThe approved form for a use licence must
also provide for theinclusion of the following—(a)particulars of the radiation source
the licensee is allowedto use;(b)the
radiation practice the licensee is allowed to carry outusing the source.68Additional information for transport
licencesThe approved form for a transport licence
must also providefor the inclusion of the following—(a)particularsoftheradioactivesubstancethelicenseeisallowed to transport;(b)how
the substance is to be transported;(c)the
amount of the substance the licensee is allowed totransport at a time.Current as at
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Act instruments[s 69]69Additional information for accreditation
certificatesThe approved form for an accreditation
certificate must alsoprovide for the inclusion of
particulars of the type of radiationsource or
premises for which the holder of the certificate isallowed to issue a certificate of
compliance.Example of a type of premises—premises at which diagnostic radiography is,
or is to be, carried out70Additional
information for approvals to acquireTheapprovedformforanapprovaltoacquiremustalsoprovidefortheinclusionofparticularsadequatetoidentifytheradiationsourceallowedtobeacquiredundertheapproval.71Additional information for approvals to
disposeTheapprovedformforanapprovaltodisposemustalsoidentify—(a)theradioactivematerialthelicenseeisallowedtodispose of; and(b)theamountoftheradioactivematerialthelicenseeisallowed to dispose of.72Additional information for approvals to
relocateTheapprovedformforanapprovaltorelocatemustalsoprovide for the
inclusion of the following—(a)particularsadequatetoidentifytheradiationsourceallowed to be relocated under the
approval;(b)thelocationtowhichtheholderoftheapprovalisallowed to relocate the source.Page
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instruments[s 73]73Additional information for radiation safety
officercertificatesTheapprovedformforaradiationsafetyofficercertificatemust also
provide for the inclusion of particulars adequate toidentify the type of radiation practice for
which the holder ofthe certificate may perform the functions of
a radiation safetyofficer.Subdivision
5Terms of Act instruments74Terms(1)A
licence remains in force—(a)for a licence of
a kind prescribed under a regulation—fortheterm,notmorethan3years,statedintheregulation;
or(b)foralicenceheldbyaprescribedlicensee—untilthelicence is suspended or cancelled; or(c)otherwise—for the term, not more than
3 years, stated inthe licence.(2)An
accreditation certificate remains in force for the term, notmore
than 3 years, stated in the certificate.(3)Anapprovalremainsinforceforthetermstatedintheapproval.(4)However, for an approval to acquire or
approval to relocate,the term must expire on or before the
expiry of the term of thepossessionlicenceunderwhichtheradiationsourcethesubject of the approval may be
possessed.(5)A radiation safety officer certificate
remains in force for theterm, not more than 3 years, stated in
the certificate.Current as at [Not applicable]Page
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Act instruments[s 75]Subdivision
6Conditions of Act instruments75Standard conditions for certain Act
instruments(1)Anapprovaltorelocateissubjecttotheconditionthattheholder of the approval must give the
chief executive writtennotice of the relocation of the
radiation source to which theapproval relates
within 7 days after the relocation happens.(2)Anapprovaltodisposeissubjecttotheconditionthattheholder of the approval must give the
chief executive writtennotice of the disposal of the
radioactive material to which theapproval relates
within 7 days after the disposal happens.(3)A
possession or use licence is subject to the condition that
theholder of the licence comply with a code,
protocol, standardor document, prescribed under a regulation
about the radiationpractice to which the licence
relates.(4)A transport licence is subject to the
condition that the holderofthelicencecomplywithacode,protocol,standardordocument, prescribed under a regulation
about the transport ofradioactive substances to which the
licence relates.76Imposition of conditions by chief
executive(1)ThechiefexecutivemayissueanActinstrumentonconditionsthechiefexecutiveconsidersnecessaryordesirable—(a)to
protect persons, or the environment, from the harmfuleffects of radiation; or(b)to
ensure the security of a radiation source.(2)If
the chief executive decides to issue an Act instrument onconditions,thechiefexecutivemustimmediatelygivetheapplicant an information notice about
the decision.Page 86Current as at
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instruments[s 77]77Contravention of condition(1)AholderofanActinstrumentmustnotcontraveneacondition of the instrument, including a
condition mentionedin section 75.Maximum
penalty—200 penalty units.(2)The penalty
under subsection (1) may be imposed whether ornot the
instrument is cancelled or suspended because of thecontravention.Division 3Renewal of certain Act instruments78Application of div 3ThisdivisionappliestothefollowingActinstruments(therenewable Act instruments)—(a)alicence,otherthanalicenceheldbyaprescribedlicensee;(b)an accreditation certificate;(c)a continuing approval to
acquire;(d)a radiation safety officer
certificate.79Applications for renewal(1)The holder of a renewable Act
instrument may apply to thechief executive
for the renewal of the instrument within theperiod starting
60 days before the term of the instrument ends.(2)However, the chief executive may accept an
application forrenewal of a renewable Act instrument made
within 30 daysafterthetermoftheinstrumentendedifsatisfieditisreasonable to do so in the
circumstances.Examples of circumstances in which it may be
reasonable to accept a lateapplication—•a
failure or delay in sending the application by post that the
holdercould not have reasonably foreseenCurrent as at [Not applicable]Page
87
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Act instruments[s 80]•an
unforeseen medical condition preventing the holder applying
forthe renewal before the term of the
instrument ends(3)The application must—(a)be in the approved form; and(b)be accompanied by—(i)the
fee prescribed under a regulation; and(ii)documents prescribed under a
regulation.(4)The chief executive must consider the
application and renew,or refuse to renew, the
instrument.(5)Indecidingwhethertogranttheapplication,thechiefexecutive may
have regard to the matters to which the chiefexecutivemayhaveregardindecidingwhetheraproposedholder of a
renewable Act instrument is a suitable person tohold
the instrument.Editor’s note—See section 53,
54, 55, 56, 57 or 60 for a list of the matters.(6)Ifthechiefexecutivedecidestorefusetorenewtheinstrument,thechiefexecutivemustimmediatelygivetheapplicant an information notice about
the decision.(7)A renewable Act instrument may be
renewed by—(a)endorsing the existing instrument;
or(b)cancellingtheexistinginstrumentandissuinganotherrenewable Act instrument.80Inquiries into applications(1)Before deciding the application, the
chief executive may, bywritten notice given to the applicant,
require the applicant togive the chief executive, within a
reasonable period of at least30 days stated
in the notice, further information or a documentthe
chief executive reasonably considers is needed to decidethe
application.Page 88Current as at
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instruments[s 81](2)The
applicant is taken to have withdrawn the application if,within the stated period, the applicant does
not comply withthe requirement.Notauthorised—indicativeonly81Renewable Act instrument taken to be
in force whileapplication is considered(1)Ifanapplicationismadeundersection 79,theholder’srenewable Act
instrument is taken to continue in force fromthedaythatitwould,apartfromthissection,haveexpireduntil the
application is decided under section 79 or taken tohave
been withdrawn under section 80(2).(2)However,iftheapplicationisrefused,theinstrumentcontinues in
force until the information notice for the decisionis
given to the applicant.(3)Subsection
(1)doesnotapplyiftheinstrumentisearliersuspended or
cancelled.Division 4Provisions about
suspension andcancellation of Act instrumentsSubdivision 1Suspension and
cancellation of Actinstruments82Grounds for suspension or
cancellation(1)Each of the following is a ground for
suspending or cancellingan Act instrument—(a)theholderoftheinstrumentisnot,orisnolonger,asuitable person to hold the
instrument;(b)the holder has been convicted of an
offence against thisAct;(c)the
holder has contravened a provision of this Act (beinga
provision a contravention of which is not an offenceagainst this Act);Current as at
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Act instruments[s 83](d)theholderhascontravenedaconditionoftheinstrument;(e)the
instrument was issued because of a materially falseor
misleading representation or declaration.(2)Forformingabeliefthatthegroundmentionedinsubsection (1)(a) exists, the chief
executive may have regardto the matters to which the chief
executive may have regard indeciding whether
a proposed holder of an Act instrument is asuitable person
to hold the instrument.Editor’s note—See section 53,
54, 55, 56, 57, 58, 59 or 60 for a list of the matters.83Show cause notice(1)If
the chief executive believes a ground exists to suspend orcancel an Act instrument, the chief
executive must give theholder of the instrument a written
notice under this section (ashow cause
notice).(2)The show cause
notice must state the following—(a)theaction(theproposedaction)thechiefexecutiveproposes taking
under this subdivision;(b)the grounds for
the proposed action;(c)anoutlineofthefactsandcircumstancesformingthebasis for the grounds;(d)if the proposed action is suspension
of the instrument—the proposed suspension period;(e)an invitation to the holder to show
within a stated period(theshow cause
period) why the proposed action shouldnot
be taken.(3)The show cause period must be a period
ending not less than21 days after the show cause notice is
given to the holder.Page 90Current as at
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instruments[s 84]84Representations about show cause
notices(1)The holder of the instrument may make
representations aboutthe show cause notice to the chief
executive in the show causeperiod.(2)The chief executive must consider all
written representations(theaccepted
representations) made under subsection (1).85Ending show cause process without
further action(1)Thissectionappliesif,afterconsideringtheacceptedrepresentations
for the show cause notice, the chief executiveno longer
believes a ground exists to suspend or cancel theinstrument.(2)The
chief executive must not take any further action about theshow
cause notice.(3)Noticethatnofurtheractionistobetakenabouttheshowcause notice
must be given to the holder of the instrument bythe
chief executive.86Suspension or cancellation(1)Thissectionappliesif,afterconsideringtheacceptedrepresentationsfortheshowcausenotice,thechiefexecutive—(a)stillbelievesagroundexiststosuspendorcanceltheinstrument; and(b)believes suspension or cancellation of the
instrument iswarranted.(2)Thissectionalsoappliesiftherearenoacceptedrepresentations
for the show cause notice.(3)The chief
executive may—(a)if the proposed action stated in the
show cause noticewastosuspendtheinstrumentforastatedperiod—suspendtheinstrumentfornotlongerthanthestatedperiod;
orCurrent as at [Not applicable]Page
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Act instruments[s 87](b)if
the proposed action stated in the show cause noticewastocanceltheinstrument—eithercanceltheinstrument or suspend it for a
period.(4)Thechiefexecutivemustimmediatelygiveaninformationnotice about the
decision to the holder of the instrument.(5)The
decision takes effect on—(a)the day the
information notice is given to the holder; or(b)ifalaterdayofeffectisstatedintheinformationnotice—the later
day.87Return of cancelled Act instrument to
chief executive(1)This section applies if the chief
executive has cancelled an Actinstrument and
given an information notice for the decision tothe holder of
the instrument.(2)The holder, other than a holder who is
a prescribed licensee,must return the instrument to the
chief executive within 7 daysafter receiving
the information notice, unless the holder has areasonable
excuse.Maximum penalty for subsection (2)—10
penalty units.88Immediate suspension of licence or
accreditationcertificate pending formal cancellation
procedure(1)This section applies if the chief
executive believes—(a)a ground exists to cancel a licence;
and(b)it is necessary to immediately suspend
the licence untilthe formal cancellation procedure is
completed—(i)in the interests of the health or
safety of any personwho may be exposed to radiation
emitted from theradiation source to which the licence
relates; or(ii)becausetheenvironmentmaybeharmedbyexposuretoradiationemittedfromtheradiationsource to which
the licence relates; orPage 92Current as at
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instruments[s 88](iii)because the security of a radiation source
to whichthe licence relates is at risk.(2)This section also applies if the chief
executive believes—(a)a ground exists to cancel an
accreditation certificate; and(b)it
is necessary, in the interests of the health or safety ofany
person, to immediately suspend the authority of theholderofthecertificatetoissuecertificatesofcomplianceforradiationsourcesorpremisesuntiltheformal cancellation procedure is
completed.(3)The chief executive may immediately
suspend the licence orcertificate.(4)Thechiefexecutivemustimmediatelygiveaninformationnoticeaboutthedecisiontotheholderofthelicenceorcertificate.(5)Thesuspensiontakeseffectimmediatelyaninformationnotice for the
decision is given to the holder.(6)If,within14daysafterthechiefexecutivesuspendsthelicenceorcertificate,thechiefexecutivegivesthenoticerequired by
section 83(1), the suspension lasts until the first tohappen of the following—(a)the
chief executive cancels the suspension;(b)adecisiontocancelthelicenceorcertificatetakeseffect;(c)adecisionismadenottocancelthelicenceorcertificate.(7)However, if the notice required by section
83(1) is not givenwithin the period mentioned in subsection
(6), the suspensionlapses at the end of the period, unless the
chief executive hasalready cancelled the suspension.Current as at [Not applicable]Page
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Act instruments[s 89]Subdivision
2Effect of suspension or cancellationof
possession licences on certainother Act
instruments89Effect of suspension or cancellation
of possessionlicences—approvals to acquire(1)Ifthepossessionlicenceoftheholderofanapprovaltoacquire is suspended, the approval is
taken to be suspendedfor the period of the
suspension.(2)Ifthepossessionlicenceoftheholderofanapprovaltoacquire is cancelled, the approval is
taken to be cancelled.90Effect of
suspension or cancellation of possessionlicences—approvals to relocate(1)Ifthepossessionlicenceoftheholderofanapprovaltorelocate is suspended, the approval is
taken to be suspendedfor the period of the
suspension.(2)Ifthepossessionlicenceoftheholderofanapprovaltorelocate is cancelled, the approval is
taken to be cancelled.Subdivision 3Effect of
suspension or cancellationof radiation safety officercertificates on radiation safetyofficer appointments91Effect of suspension or cancellation(1)This section applies if—(a)apersonisaradiationsafetyofficerforaradiationpractice; and(b)theperson’sradiationsafetyofficercertificateissuspended or cancelled by the chief
executive.Page 94Current as at
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instruments[s 92](2)The
person’s appointment as a radiation safety officer for thepractice is taken to be rescinded.(3)The person must as soon as practicable
give written notice ofthe suspension or cancellation to the
possession licensee whoappointedthepersonasaradiationsafetyofficerforthepractice.Maximum penalty
for subsection (3)—10 penalty units.Division 5Change in circumstances of holdersof
certain Act instruments92Notification of
change in circumstances(1)This section
applies to the following Act instruments—(a)a
licence;(b)an accreditation certificate;(c)a continuing approval to
acquire;(d)a radiation safety officer
certificate.(2)The holder of the instrument must,
within 14 days after thehappeningofachangeintheholder’scircumstancesprescribed under
a regulation, give the chief executive writtennoticeofthechangeandreturntheinstrumenttothechiefexecutive.Maximum penalty
for subsection (2)—10 penalty units.93Endorsement of change on Act
instrument(1)This section applies if—(a)the change affects a particular stated
in the instrument;and(b)the chief
executive is satisfied the change is correct anddoesnotaffecttheinstrumentinawaythatmakesitdesirable the instrument be suspended or
cancelled.Current as at [Not applicable]Page
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instruments[s 94](2)The
chief executive must note the change on the instrumentand
return it to the holder.Notauthorised—indicativeonlyDivision 6Changing
conditions of certain Actinstruments94Application of div 6ThisdivisionappliestothefollowingActinstruments(theconditional Act instruments)—(a)alicence,otherthanalicenceheldbyaprescribedlicensee;(b)an accreditation certificate;(c)a continuing approval to
acquire;(d)a radiation safety officer
certificate.95Changing conditions of conditional Act
instruments—chief executive acting on own
initiative(1)The chief executive may decide to
change the conditions of aconditional Act instrument imposed by
the chief executive ifthe chief executive considers it
necessary or desirable to makethe
change—(a)to protect persons, or the
environment, from the harmfuleffects of
radiation; or(b)to ensure the security of a radiation
source.(2)Before deciding to change the
conditions, the chief executivemust—(a)give written notice to the holder of
the instrument—(i)of the particulars of the proposed
change; and(ii)thatthe
holdermaymakewrittensubmissionstothechiefexecutiveabouttheproposedchangewithin a reasonable period of at least 21
days statedin the notice; andPage 96Current as at [Not applicable]
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instruments[s 96](b)haveregardtowrittensubmissionsmadetothechiefexecutive by the holder before the stated
day.(3)If the chief executive decides to
change the conditions of aconditionalActinstrument,thechiefexecutivemustimmediately give
the holder of the instrument an informationnotice about the
decision.(4)The change of conditions takes effect
when the informationnoticeisgiventotheholderanddoesnotdependontheinstrumentbeingamendedtorecordthechangeorareplacement instrument being
issued.(5)Thepowerofthechiefexecutiveundersubsection (1)includesthepowertoaddconditionstoaconditionalActinstrumentthatisnotsubjecttoconditionsimposedbythechief
executive.96Changing conditions of conditional Act
instruments—application by holders(1)The
holder of a conditional Act instrument may apply to thechiefexecutivetochangetheconditionsoftheinstrumentimposed by the
chief executive.(2)The application must—(a)be in the approved form; and(b)beaccompaniedbythefeeprescribedunderaregulation.(3)Indecidingwhethertogranttheapplication,thechiefexecutivemayhaveregardtothematters,relevanttotheapplication, to which the chief
executive may have regard indecidingwhetheraproposedholderofaconditionalActinstrument is a suitable person to hold the
instrument.Editor’s note—See section 53,
54, 55, 56, 57 or 60 for a list of the matters.(4)Ifthechiefexecutivedecidestogranttheapplication,thechief executive must immediately give the
holder notice of thedecision.Current as at
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Act instruments[s 97](5)The
change of conditions takes effect when the notice is giventotheholderanddoesnotdependontheinstrumentbeingamendedtorecordthechangeorareplacementinstrumentbeing
issued.(6)If the chief executive decides not to
grant the application, thechiefexecutivemustimmediatelygivetheholderaninformation notice about the
decision.(7)If the chief executive fails to decide
the application within 90days after its receipt, the failure is
taken to be a decision bythe chief executive to refuse to grant
the application.97Recording change of conditions(1)This section applies if a holder of a
conditional Act instrumentreceives an information notice under
section 95(3), or a noticeunder section 96(4), about a change to
the conditions of theinstrument.(2)The
holder must return the instrument to the chief executivewithin 7 days after receiving the notice,
unless the holder hasa reasonable excuse.Maximum penalty—10 penalty units.(3)On receiving the instrument, the chief
executive must—(a)amend the instrument in an appropriate
way and returnthe amended instrument to the holder;
or(b)if the chief executive does not
consider it practicable toamendtheinstrument—issueanotherinstrument,incorporatingthechangedconditions,totheholdertoreplace the instrument returned to the chief
executive.98Further consideration of applications
under s 96(1)This section applies if the chief
executive considers he or sheneeds further
time to make a decision on an application undersection 96
because of the complexity of the matters that needto
be considered in deciding the application.Page 98Current as at [Not applicable]
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instruments[s 99](2)Thechiefexecutivemayatanytimebeforethefinalconsideration
day give written notice to the applicant that—(a)because of the complexity of the matters
that need to beconsideredindecidingtheapplication,thechiefexecutive needs
further time to decide the application;and(b)the period within which the chief
executive must decidethe application is extended to a day
(theextended day)that
is 90 days after the final consideration day.(3)Also, the applicant and chief executive may
at any time beforethefinalconsiderationdayagreeinwritingonaday(theagreedextendedday)bywhichtheapplicationistobedecided.(4)Thechiefexecutiveistakentohaverefusedtogranttheapplicationifthechiefexecutivedoesnotdecidetheapplication by the latest of the following
days—(a)if the chief executive has given a
notice to the applicantunder subsection (2)—the extended
day;(b)if there is an agreement between the
applicant and chiefexecutiveundersubsection (3)—theagreedextendedday.(5)In this section—final
consideration daymeans the day that is 90 days afterreceipt of the application.Division 7Surrender of Act
instruments99Surrender of Act instruments(1)The holder of an Act instrument may
surrender the instrumentby written notice given to the chief
executive.(2)The surrender takes effect—(a)on the day the notice is given to the
chief executive; orCurrent as at [Not applicable]Page
99
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Act instruments[s 100](b)if a
later day of effect is stated in the notice—on the laterday.(3)The
holder, other than a holder who is a prescribed licensee,must
return the instrument to the chief executive within 7 daysafter the day the surrender takes effect,
unless the holder hasa reasonable excuse.Maximum penalty for subsection (3)—10
penalty units.100Obligations on surrender of radiation
safety officercertificates(1)Subsection (2) applies if—(a)a person surrenders the person’s
radiation safety officercertificate under section 99;
and(b)immediately before the surrender takes
effect the personis a radiation safety officer for a
radiation practice; and(c)atthetimeofsurrender,thepersonisnotalsothepossession licensee who, under the licence,
possesses aradiation source for the practice.(2)Thepersonmustassoonaspracticableafterthesurrendertakeseffectgivewrittennoticeofthesurrendertothepossession
licensee who appointed the person as a radiationsafety officer for the practice.Maximum penalty for subsection (2)—10
penalty units.Division 8General
provisions about Actinstruments101Replacement of Act instruments(1)TheholderofanActinstrumentmayapplytothechiefexecutive for
the replacement of the instrument if it has beenlost, stolen, destroyed or damaged.(2)The chief executive must consider the
application and eithergrant, or refuse to grant, the
application.Page 100Current as at
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instruments[s 102](3)Thechiefexecutivemustgranttheapplicationifthechiefexecutive is
satisfied the instrument has been lost, stolen ordestroyed, or damaged in a way to require
its replacement.(4)Ifthechiefexecutivegrantstheapplication,thechiefexecutivemust,onpaymentofthefeeprescribedunderaregulation, issue another instrument
to the applicant to replacethe lost,
stolen, destroyed or damaged instrument.(5)If
the chief executive refuses to grant the application, the
chiefexecutive must immediately give the
applicant an informationnotice about the decision.102Transfer of Act instrument
prohibitedAn Act instrument may not be
transferred.Division 9False or
misleading statements byapplicants103False
or misleading statementsA person must not, for an application
made under this part,stateanythingthepersonknowsisfalseormisleadinginamaterial particular.Maximum penalty—50 penalty units.Division 10Security and
criminal historychecks for applicants for Actinstruments103APersons for whom security and criminal
history checksmay be conducted(1)Thechiefexecutivemayconductasecuritycheckandcriminal history check for the
following—Current as at [Not applicable]Page
101
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Act instruments[s 103A](a)anapplicantforapossessionlicenceforasecurityenhanced source;(b)anapplicantforatransportlicenceforasecurityenhanced source;(c)ifanapplicantmentionedinparagraph(a)or(b)isacorporation, the nominated person for
the applicant;(d)anapplicantforauselicenceforaportablesecurityenhanced source;(e)a
person who is to have access to a security enhancedsource under the approved security plan for
the sourceif—(i)requested in the
approved form by the possessionlicensee for the
source; and(ii)the request is
accompanied by the written consentof the person
who is to have access to the source;(f)a
person who is to have access to a security enhancedsource under the approved transport security
plan for thetransport of the source if—(i)requestedintheapprovedformbythetransportsecurity plan holder for the source;
and(ii)the request is
accompanied by the written consentof the person
who is to have access to the source.(2)The
chief executive may conduct a criminal history check foranapplicantforanActinstrumentifthechiefexecutiveknows,orreasonablysuspects,thattheapplicanthasbeenconvicted of an
indictable offence.(3)Aregulationmayprescribeafeeforasecuritycheckorcriminal history check and the person
by whom the fee mustbe paid.Page 102Current as at [Not applicable]
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instruments[s 103B]103BCriminal history check etc.(1)The chief executive may ask the
commissioner of police orother entity for a written report
about the criminal history of aperson for
section 103A(1) or (2).(2)Also, the chief
executive may ask the commissioner of policeor other entity
for a brief description of the circumstances of aconvictionorchargementionedintheperson’scriminalhistory.(3)For subsections (1) and (2), the chief
executive’s request mayinclude the following
information—(a)theperson’snameandanyothernamethechiefexecutive
believes the person may use or have used;(b)the
person’s residential address;(c)the
person’s gender and date and place of birth.(4)After receiving the written report about the
criminal history oftheperson,thechiefexecutivemayrequestfurtherinformationabouttheperson’scriminalhistoryfromthecommissioner of police or other
entity.(5)Further information provided under
subsection (4) is taken tobe part of the person’s criminal
history check.(6)Subjecttosubsection (7),thecommissionerofpolicemustcomply with a request under this
section.(7)The commissioner of police’s
obligation to comply with therequest applies
only to information in the possession of thecommissioner or
to which the commissioner has access.(8)TheCriminalLaw(RehabilitationofOffenders)Act1986does not apply
to the asking for, or giving of, the informationmentioned under this section.103CSecurity check(1)The
chief executive may ask the commissioner of police orother entity to—Current as at
[Not applicable]Page 103
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Act instruments[s 103D](a)conductasecuritycheckforapersonforsection 103A(1); and(b)advise the chief executive of the
outcome of the securitycheck for the person.(2)Afterreceivingtheoutcomeofthesecuritycheckfortheperson,thechiefexecutivemayrequestfurtherinformationabout the
security check from the commissioner of police orother entity.(3)Further information provided under
subsection (2) is taken tobe part of the person’s security
check.(4)Subjecttosubsection (5),thecommissionerofpolicemustcomply with a request under this
section.(5)The commissioner of police’s
obligation to comply with therequest applies
only to information in the possession of thecommissioner or
other entity or to which the commissioner orother entity has
access.(6)TheCriminalLaw(RehabilitationofOffenders)Act1986does not apply
to the asking for, or giving of, the informationmentioned in this section.103DCommissioner of police must notify
changes in criminalhistory(1)Thissectionappliesifapersonwhoischargedwithanoffenceisapersonforwhomasecuritycheckorcriminalhistory check
has been conducted under this division.(2)The
commissioner of police must notify the chief executiveabout the change in the person’s criminal
history.(3)The notice must state the
following—(a)the person’s name and address;(b)the person’s date of birth;(c)the offence the person is charged
with;(d)particulars of the offence;(e)the date of the charge.Page
104Current as at [Not applicable]
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instruments[s 103E](4)On
receiving a notice under subsection (2) about the person,thechiefexecutivemaywritetothepersontoinformtheperson of their obligation under section
103H.(5)TheCriminalLaw(RehabilitationofOffenders)Act1986doesnotapplytothegivingofanotificationundersubsection (2).103EWhen
chief executive must give a person details ofinformation
received about the person(1)This section
applies to information about a person received bythe
chief executive under sections 103B, 103C or 103D.(2)BeforeusingtheinformationtomakeadecisionunderthisAct the chief
executive must give written notice to the personstating—(a)details of the information received;
and(b)that the person may, within a stated
period of not lessthan28days,makerepresentationstothechiefexecutive about
the information.(3)However, subsection (2) does not apply
if under a law of theCommonwealth—(a)thepersonhasalreadybeengiventheopportunitytomake
representations about the information; or(b)adecisionhasbeenmadethattheinformationshouldnotbegiventothepersonbecauseitwouldbeprejudicial to the interests of national
security.103FRepresentations about information in
notice(1)The person receiving a notice under
section 103E may makewritten representations about the
information contained in thenotice within
the period stated in the notice.(2)Thechiefexecutivemustconsiderallrepresentationsmadeunder subsection (1).Current as at
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Act instruments[s 103G]103GWhen
chief executive may give information topossession
licensee or transport security plan holder(1)Subsection (2) applies if the chief
executive has conducted asecurity check and criminal history
check for a person at therequestofapossessionlicenseeortransportsecurityplanholder under
section 103A(1)(e) or (f).(2)Thechiefexecutivemayadvisethepossessionlicenseeortransport security plan holder of the
outcome of the securitycheck and criminal history check for
the person.103HChanges in criminal history(1)This section applies if there is a
change in the criminal historyof a person for
whom a criminal history check has been, or isbeing, conducted
under this division.(2)Thepersonmustimmediatelydisclosethedetailsofthechange to the chief executive.(3)For a person who does not have a
criminal history, there istakentobeachangeintheperson’scriminalhistoryiftheperson acquires
a criminal history.(4)TheCriminalLaw(RehabilitationofOffenders)Act1986does not apply
to disclosure under this section.103IRequirements for disclosure of changes in
criminalhistory(1)Tocomplywithsection 103H,thepersonmustgivethedisclosure in the approved form.(2)The information disclosed by the
person about a conviction orchargeforanoffenceintheperson’scriminalhistorymustinclude each of
the following—(a)the existence of the conviction or
charge;(b)when the offence was committed or
alleged to have beencommitted;Page 106Current as at [Not applicable]
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instruments[s 103J](c)detailsadequatetoidentifytheoffenceorallegedoffence;(d)for a conviction—(i)whether or not a conviction was recorded;
and(ii)the sentence
imposed on the person.Notauthorised—indicativeonly103JFailure to disclose changes in
criminal historyA person must not fail to give the chief
executive a disclosurerequiredundersection 103Hunlessthepersonhasareasonable excuse.Maximum
penalty—100 penalty units.Division 11Particular
persons taken to hold useand transport licences103KRegulation may prescribe persons who
are taken to holduse or transport licence(1)A
regulation may prescribe a person (aprescribed
licensee)or a class of persons (also each
aprescribed licensee) who istaken to hold—(a)a
use licence; or(b)a transport licence.(2)A regulation made under subsection
(1)(a) must state—(a)the qualifications, professional
registration or trainingthat must be held by the prescribed
licensee; and(b)particularsoftheradiationsourcetheprescribedlicensee is
allowed to use under the use licence; and(c)the
radiation practice the prescribed licensee is allowedto
carry out under the use licence using the source.(3)Aregulationmadeundersubsection(1)(b)maystatethefollowing matters—Current as at
[Not applicable]Page 107
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 103L](a)particulars of the radioactive
substance the prescribedlicenseeisallowedtotransportunderthetransportlicence;(b)howthesubstancemustbetransportedunderthetransport licence;(c)theamountofthesubstancetheprescribedlicenseeisallowed to transport under the
transport licence.(4)Aregulationmadeunderthissectionmayprescribeconditionsthechiefexecutiveconsidersnecessaryordesirable to—(a)protectpersons,ortheenvironment,fromtheharmfuleffects of
radiation; or(b)ensure the security of a radiation
source.103LConsiderations before making a
regulationBeforearegulationismadeundersection103K(1),theMinister must—(a)consultwithandconsideranyrecommendationsmadeby
the council; and(b)besatisfiedtheregulationwillbeconsistentwiththeradiation safety, protection and
security principles.Part 8Monitoring,
investigation andenforcementDivision 1Inspectors104Functions of inspectorsAn inspector has
the function of conducting investigations andinspections to
monitor and enforce compliance with this Act.Page 108Current as at [Not applicable]
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Monitoring, investigation and enforcement[s 105]105Powers of inspectors(1)ForthisAct,aninspectorhasthepowersgiventotheinspector under
this Act.(2)The powers of an inspector may be
limited under a conditionof appointment.Division 2Appointment of inspectors andother matters106Appointments(1)The
chief executive may appoint a person as an inspector.(2)The chief executive may appoint a
person as an inspector onlyif the chief
executive considers the person has the necessaryexpertise or experience to be an
inspector.107Appointment conditions(1)Aninspectorholdsofficeontheconditionsstatedintheinstrument of
appointment.(2)An inspector ceases holding
office—(a)if the appointment provides for a term
of appointment—at the end of the term; or(b)if the conditions of appointment
provide—on ceasing toholdanotheroffice(themainoffice)statedintheappointment conditions.(3)An inspector may resign by signed
notice of resignation givento the chief
executive.(4)However, an inspector who is a health
service employee orpublicserviceofficermaynotresignfromtheofficeofinspector(thesecondaryoffice)ifaconditionoftheinspector’semploymenttothemainofficerequirestheinspector to hold the secondary
office.Current as at [Not applicable]Page
109
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Monitoring, investigation and enforcement[s 108]108Identity cards(1)Thechiefexecutivemustgiveanidentitycardtoeachinspector.(2)The
identity card must—(a)contain a recent photograph of the
inspector; and(b)be signed by the inspector; and(c)identify the person as an inspector
for this Act; and(d)include an expiry date for the
card.(3)Thissectiondoesnotpreventtheissueofasingleidentitycard
to a person for this Act and other Acts.109Failure to return identity cardApersonwhoceasestobeaninspectormustreturntheperson’sidentitycardtothechiefexecutivewithin7daysafter the person
ceases to be an inspector, unless the personhas a reasonable
excuse.Maximum penalty—10 penalty units.110Production or display of inspector’s
identity card(1)An inspector may exercise a power in
relation to someone else(theother
person) only if the inspector—(a)first produces the inspector’s identity card
for the otherperson’s inspection; or(b)has
the identity card displayed so it is clearly visible tothe
other person.(2)However, if for any reason it is not
practicable to comply withsubsection (1) before exercising the
power, the inspector mustproduce the identity card for the
other person’s inspection atthe first
reasonable opportunity.Page 110Current as at
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Division 3Radiation Safety
Act 1999Part 8 Monitoring, investigation and
enforcement[s 111]Powers of
inspectorsNotauthorised—indicativeonlySubdivision 1Entry of
places111Power to enter places(1)An inspector may enter a place
if—(a)its occupier consents to the entry;
or(b)it is a public place and the entry is
made when the placeis open to the public; or(c)the entry is authorised by a
warrant.(2)Also, an inspector may enter a place
if—(a)apossessionlicensee,underapossessionlicence,possesses a radiation source for a radiation
practice; and(b)theinspectorreasonablybelievesthesourceisattheplace for
carrying out the practice; and(c)the
place is—(i)open for carrying on business;
or(ii)otherwise open
for entry.(3)For entering a place within premises
under subsection (2), aninspector may enter any other part of
the premises to an extentthat is reasonable for entry to the
place.(4)However,aninspectormaynotenteraplaceundersubsection (2) or (3) if—(a)apersonisundergoingaprocedureconductedbyahealth
practitioner, or consulting a health practitioner, atthe
place; or(b)the place is a place where a person
resides.(5)For the purpose of asking the occupier
of a place for consentto enter, an inspector may, without
the occupier’s consent or awarrant—Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 112](a)enter land around premises at the
place to an extent thatis reasonable to contact the occupier;
or(b)enterpartoftheplacetheinspectorreasonablyconsiders
members of the public ordinarily are allowedto enter when
they wish to contact the occupier.Subdivision
2Procedure for entry112Consent to entry(1)This
section applies if an inspector intends to ask an occupierofaplacetoconsenttotheinspectororanotherinspectorentering the place.(2)Beforeaskingfortheconsent,theinspectormusttelltheoccupier—(a)the
purpose of the entry; and(b)that the
occupier is not required to consent.(3)If
the consent is given, the inspector may ask the occupier tosign
an acknowledgement of the consent.(4)The
acknowledgement must state—(a)the
occupier has been told—(i)the purpose of
the entry; and(ii)that the
occupier is not required to consent; and(b)the
purpose of the entry; and(c)theoccupiergivestheinspectorconsenttoentertheplace and exercise powers under this
division; and(d)the time and date the consent was
given.(5)If the occupier signs an
acknowledgement, the inspector mustimmediately give
a copy to the occupier.(6)A court must
find the occupier did not consent to an inspectorentering the place under this division
if—Page 112Current as at
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Monitoring, investigation and enforcement[s 113](a)an issue arises in a proceeding before
the court whetherthe occupier of the place consented to the
entry; and(b)an acknowledgement is not produced in
evidence for theentry; and(c)it
is not proved by the person relying on the lawfulnessof
the entry that the occupier consented to the entry.113Application for warrant(1)Aninspectormayapplytoamagistrateforawarrantforaplace.(2)The
application must be sworn and state the grounds on whichthe
warrant is sought.(3)The magistrate may refuse to consider
the application until theinspectorgivesthemagistratealltheinformationthemagistraterequiresabouttheapplicationinthewaythemagistrate requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.114Issue of warrant(1)The
magistrate may issue a warrant only if the magistrate issatisfied there are reasonable grounds for
suspecting—(a)there is a particular thing or
activity (theevidence) thatmay
provide evidence of an offence against this Act; and(b)theevidenceisattheplace,ormaybeattheplacewithin the next
7 days.(2)The warrant must state—(a)thatastatedinspectormay,withnecessaryandreasonable help and force—(i)enter the place and any other place
necessary forentry; andCurrent as at
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Monitoring, investigation and enforcement[s 115](ii)exercise the
inspector’s powers under this division;and(b)the offence for which the warrant is
sought; and(c)the evidence that may be seized under
the warrant; and(d)thehoursofthedayornightwhentheplacemaybeentered; and(e)thedate,within14daysafterthewarrant’sissue,thewarrant ends.115Special warrants(1)An
inspector may apply for a warrant (aspecial
warrant) byphone,fax,radiooranotherformofcommunicationiftheinspector considers it necessary
because of—(a)urgent circumstances; or(b)other special circumstances,
including, for example, theinspector’s
remote location.(2)Before applying for the warrant, the
inspector must prepare anapplicationstatingthegroundsonwhichthewarrantissought.(3)Theinspectormayapplyforthewarrantbeforetheapplication is sworn.(4)Afterissuingthewarrant,themagistratemustimmediatelyfax a copy to
the inspector if it is reasonably practicable to faxthe
copy.(5)Ifitisnotreasonablypracticabletofaxacopytotheinspector—(a)the
magistrate must tell the inspector—(i)what
the terms of the warrant are; and(ii)the
date and time the warrant was issued; and(b)theinspectormustcompleteaformofwarrant(awarrant form) and write on
it—(i)the magistrate’s name; andPage
114Current as at [Not applicable]
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Monitoring, investigation and enforcement[s 116](ii)the date and
time the magistrate issued the warrant;and(iii)the terms of the
warrant.(6)Thefacsimilewarrant,orthewarrantformproperlycompletedbytheinspector,authorisestheentryandtheexercise of the other powers stated in
the warrant issued by themagistrate.(7)The
inspector must, at the first reasonable opportunity, send tothe
magistrate—(a)the sworn application; and(b)iftheinspectorcompletedawarrantform—thecompleted warrant form.(8)On
receiving the documents, the magistrate must attach themto
the warrant.(9)A court must find the exercise of the
power by an inspectorwas not authorised by a special
warrant if—(a)an issue arises in a proceeding before
the court whethertheexerciseofthepowerwasauthorisedbyaspecialwarrant;
and(b)the warrant is not produced in
evidence; and(c)it is not proved by the person relying
on the lawfulnessof the entry that the inspector obtained the
warrant.116Warrants—procedure before entry(1)This section applies if an inspector
named in a warrant issuedunder this division for a place is
intending to enter the placeunder the
warrant.(2)Beforeenteringtheplace,theinspectormustdoormakeareasonable attempt to do the
following—(a)identifyhimselforherselftoapersonpresentattheplacewhoisanoccupieroftheplacebyproducingacopy
of the inspector’s notice of appointment or otherdocument evidencing the appointment;Current as at [Not applicable]Page
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Monitoring, investigation and enforcement[s 117](b)give the person a copy of the warrant
or, if the entry isauthorisedbyafacsimilewarrantorwarrantformmentionedinsection 115(6),acopyofthefacsimilewarrant or
warrant form;(c)tell the person the inspector is
permitted by the warrantto enter the place;(d)givethepersonanopportunitytoallowtheinspectorimmediate entry
to the place without using force.(3)However, the inspector need not comply with
subsection (2) ifthe inspector believes on reasonable grounds
that immediateentry to the place is required to ensure the
effective executionof the warrant is not frustrated.Subdivision 3Powers after
entry117General powers after entering
places(1)This section applies to an inspector
who enters a place.(2)However, if an inspector enters a
place to get the occupier’sconsent to enter
a place, this section applies to the inspectoronlyiftheconsentisgivenortheentryisotherwiseauthorised.(3)FormonitoringorenforcingcompliancewiththisAct,theinspector may—(a)search any part of the place; or(b)inspect, measure, test, photograph or
film any part of theplace or anything at the place;
or(c)take a thing, or a sample of or from a
thing, at the placefor analysis, measurement or testing;
or(d)take an extract from, or copy, a
document at the place ortake the document to another place to
copy it; or(da)if a video
surveillance device is installed at the place tomonitorthesecurityofasecurityenhancedsource—takeatape,discorotherthingfromthedeviceforPage
116Current as at [Not applicable]
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Monitoring, investigation and enforcement[s 117]Notauthorised—indicativeonlycheckingcompliancewiththeapprovedsecurityplanfor the source;
or(e)conduct recordings, measurements,
tests or analyses toassess—(i)thedegreeofexposureofanyperson,ortheenvironment, to radiation emitted from
radioactivematerial or a radiation apparatus; or(ii)theamountofradiationemittedfromradioactivematerial or a
radiation apparatus during a particularperiod;
or(iii)the levels of
health risks to persons, or the levels ofrisk of harm to
the environment, associated with aradiation
practice carried out at the place; or(iv)theadequacyofmeasuresputintoeffectattheplace to deal
with the risks; or(v)ifthereisasecurityriskconcerningaradiationsource, the
level of the risk; or(ea)test a security
device or other thing at the place to assessthe adequacy of
measures to deal with the security of aradiation source
at the place; or(f)inquireintothecircumstancesandprobablecausesofthe following at the place—(i)a radiation hazard;(ii)a security risk,
or a security breach, concerning aradiation
source;(iii)ariskofharmtotheenvironmentconcerningaradiation source; or(g)if,becauseoftheamountofradiationbeingemittedfrom radioactive
material or a radiation apparatus duringa particular
period, the health or safety of any person ator near the
place is likely to be endangered—(i)require a person not to enter, or remain at
or near,the place; orCurrent as at
[Not applicable]Page 117
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 118](ii)direct the
actions of a person at or near the place;or(ga)ifthereisorhasbeenan
increased security risk, or asecuritybreach,concerningaradiationsourceattheplace—(i)require a person not to enter, or
remain at or near,the place; or(ii)direct the actions of a person at or near
the place;or(h)take into or
onto the place any person, equipment andmaterialstheinspectorreasonablyrequiresforexercising a power under this
division; or(i)requiretheoccupieroftheplace,orapersonattheplace, to give the inspector
reasonable help to exercisethe inspector’s
powers under paragraphs (a) to (h); or(j)requiretheoccupieroftheplace,orapersonattheplace,togivetheinspectorinformationtohelptheinspector ascertain whether this Act is
being compliedwith.(4)Whenmakingarequirement,orgivingadirection,undersubsection (3)(g), (ga), (i) or (j), the
inspector must warn theperson it is an offence not to comply
with the requirement ordirection, unless the person has a
reasonable excuse.(5)If an inspector takes a document from
a place to copy it, thedocument must be copied and returned
to the place as soon aspracticable.(6)If
an inspector takes a tape, disc or other thing from a videosurveillancedevice,itmustbecopiedandreturnedtotheplace as soon as practicable.118Additional power after entering public
place unders 111(1)(b)(1)This
section applies to an inspector who enters a public placeunder section 111(1)(b).Page 118Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 119](2)Theinspectormayinstallandmaintainanyequipmentandmaterials in or at the place the inspector
reasonably requiresfor conducting a monitoring program to
assess—(a)thedegreeofexposureofanypersontoradiationemittedfromradioactivematerialoraradiationapparatus; or(b)theamountofradiationemittedfromradioactivematerialoraradiationapparatusduringaparticularperiod.(3)A person must not interfere with the
installed equipment ormaterials without the consent of an
inspector.Maximum penalty for subsection (3)—100
penalty units.119Failure to comply with requirement not
to enter or remainat a placeApersonofwhomarequirementismade,ortowhomadirectionisgiven,undersection 117(3)(g)or(ga)mustcomply with the requirement or direction,
unless the personhas a reasonable excuse.Maximum
penalty—50 penalty units.120Failure to help
inspector(1)Apersonrequiredtogivereasonablehelpundersection
117(3)(i)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—50 penalty units.(2)Ifanindividualisrequiredundersection 117(3)(i)togiveinformation or
produce a document, it is a reasonable excusefortheindividualnottocomplywiththerequirementthatcomplying with the requirement might tend to
incriminate theindividual.Current as at
[Not applicable]Page 119
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 121]121Failure to give information(1)Apersonofwhomarequirementismadeundersection 117(3)(j)mustcomplywiththerequirement,unlessthe
person has a reasonable excuse.Maximum
penalty—50 penalty units.(2)It is a
reasonable excuse for an individual not to comply withtherequirementthatcomplyingwiththerequirementmighttend
to incriminate the individual.Subdivision
4Restrictions on exercise of powers122Restrictions—places where persons are
irradiated duringa diagnostic or therapeutic procedureInexercisingapowerundersubdivision1or3ataplacewhere persons
are irradiated during a diagnostic or therapeuticprocedure, an inspector must not do anything
that adverselyaffects—(a)theprivacyofapersonundergoing,orwaitingtoundergo, a diagnostic or therapeutic
procedure; or(b)the result of a diagnostic or
therapeutic procedure for aperson.123Restrictions—inspection of health
records(1)If an inspector has entered a place,
without a warrant, wherepersonsareirradiatedduringadiagnosticortherapeuticprocedure, the
inspector may not—(a)inspect records at the place recording
the health historyor diagnoses of a patient of a health
practitioner made inthecourseofthepractitioner’spractice(healthrecords);
or(b)photographorfilm,takeextractsfrom,orcopy,therecords.Page 120Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 124](2)However,ifaninspectorhasenteredtheplacewiththeoccupier’sconsentundersection
112andtheoccupierhasalsoconsented,intheapprovedform,totheinspectorinspectinghealthrecordsortypesofhealthrecordsattheplace, the
inspector may—(a)inspect the records or types of
records; or(b)photographorfilm,takeextractsfrom,orcopy,therecords or types of records.Example of a type of health record—radiographs(3)The
approved form must state that if the occupier consents tothe
inspector inspecting the records or types of records, theinspector may also photograph or film, take
extracts from, orcopy, the records or types of
records.Subdivision 5Vehicles124Stopping vehicle(1)Thissectionappliesifaninspectorsuspectsonreasonablegrounds, or is
aware, that—(a)a vehicle is being, or has been used,
in relation to thecommission of an offence against this Act;
or(b)a thing in or on a vehicle may provide
evidence of thecommission of an offence against this Act;
or(c)any person’s health and safety, or the
environment, maybe adversely affected by exposure to
radiation becauseofthetransportofradioactivematerialinoronavehicle; or(d)the
security of radioactive material is at risk because ofthewaythematerialisbeingtransportedinoronavehicle.(2)For
the purpose of exercising the powers of an inspector underthis
division, an inspector may—Current as at
[Not applicable]Page 121
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 124](a)ifthevehicleismoving—askorsignalthepersonincontrol of the vehicle to stop the vehicle;
and(b)whether or not the vehicle is
moving—ask or signal theperson in control of the vehicle to
bring the vehicle to aconvenient place within a reasonable
distance to allowtheinspectortoexercisetheinspector’spowersunderthis
division.(3)Despitesection
110,forthepurposeofexercisingapowerunder subsection
(2)(a), the inspector must—(a)have
with him or her the inspector’s identity card; and(b)producetheidentitycardfortheperson’sinspectionimmediately
after the vehicle is stopped.(4)Thepersonmustcomplywiththeinspector’srequestorsignal, unless the person has a
reasonable excuse.Maximum penalty—50 penalty units.(5)Ifthevehicleisstopped,theinspectormaydirecttheperson—(a)not
to move the vehicle until the inspector has exercisedthe
inspector’s powers under this division; or(b)to
move the vehicle to, and keep it at, a stated reasonableplace to allow the inspector to exercise the
inspector’spowers under this division.(6)When giving the direction, the
inspector must warn the personit is an offence
not to comply with the direction, unless theperson has a
reasonable excuse.(7)The person must comply with the
inspector’s direction, unlessthe person has a
reasonable excuse.Maximum penalty for subsection (7)—50
penalty units.Page 122Current as at
[Not applicable]
Notauthorised—indicativeonlySubdivision 6Radiation Safety
Act 1999Part 8 Monitoring, investigation and
enforcement[s 125]Power to seize
evidence anddangerous things125Seizing evidence at a place that may be
entered withoutconsent or warrantAn inspector who
enters a place that may be entered underthis division
without the consent of the occupier and without awarrant,mayseizeathingattheplaceiftheinspectorreasonably
believes the thing is evidence of an offence againstthis
Act.126Seizing evidence at a place that may
only be entered withconsent or warrant(1)This
section applies if—(a)aninspectorisauthorisedtoenteraplaceunderthisdivisiononlywiththeconsentoftheoccupierorawarrant; and(b)theinspectorenterstheplaceafterobtainingthenecessary consent or warrant.(2)If the inspector enters the place with
the occupier’s consent,the inspector may seize a thing at the
place if—(a)the inspector reasonably believes the
thing is evidenceof an offence against this Act; and(b)seizureofthethingisconsistentwiththepurposeofentryastoldtotheoccupierwhenaskingfortheoccupier’s consent.(3)However,ifaninspectorhasenteredaplace,withoutawarrant, where persons are irradiated
during a diagnostic ortherapeuticprocedure,theinspectormaynotseizehealthrecords at the place.(4)If
the inspector enters the place with a warrant, the inspectormay
seize the evidence for which the warrant was issued.Current as at [Not applicable]Page
123
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 127](5)The inspector also may seize anything
else at the place if theinspector reasonably believes—(a)the thing is evidence of an offence
against this Act; and(b)the seizure is
necessary to prevent the thing being—(i)hidden, lost or destroyed; or(ii)used to
continue, or repeat, the offence.(6)Also,theinspectormayseizeathingattheplaceiftheinspectorreasonablybelievesithasjustbeenusedincommitting an offence against this
Act.127Inspector’s power to seize dangerous
things(1)This section applies if—(a)an inspector enters a place under this
division and findsa thing the inspector reasonably
believes—(i)is the cause of a radiation hazard at
the place; or(ii)is likely to
cause a radiation hazard at the place;and(b)theinspectorreasonablybelievestheradiationhazardcan
not be managed in a way to ensure no person willreceive a radiation dose from the thing
higher than theradiation dose limit prescribed under a
regulation.(2)The inspector may seize the
thing.128Waiver of requirement for possession
licence ortransport licence(1)This
section applies if—(a)aninspectorseizesathingundersection 125,126or127; and(b)the
thing is a radiation source.(2)The
inspector is not required to have—Page 124Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 129](a)an approval to acquire to obtain
possession of the thing;or(b)apossessionlicenceforthethingwhileitisinthepossession of the inspector; or(c)ifthethingisaradioactivesubstance—atransportlicence for the transport of the
thing.129Securing seized thingsHaving seized a thing, an inspector
may—(a)move the thing from the place where it
was seized (theplace of seizure); or(b)leave the thing at the place of
seizure but take reasonablesteps to
restrict access to it; or(c)if the thing is
equipment—make it inoperable.Examples of
restricting access to a thing—1sealing a thing and marking it to show
access to it is restricted2sealing the
entrance to a room where the seized thing is situatedand
marking it to show access to it is restrictedExample of
making equipment inoperable—dismantling
equipment or removing a component of equipment withoutwhich the equipment is not capable of being
used130Tampering with seized things(1)If an inspector restricts access to a
seized thing, a person mustnot tamper, or
attempt to tamper, with the thing, or somethingrestricting
access to the thing, without an inspector’s approval.Maximum penalty—100 penalty units.(2)If an inspector makes seized equipment
inoperable, a personmust not tamper, or attempt to tamper,
with the equipment,without an inspector’s approval.Maximum penalty—100 penalty units.Current as at [Not applicable]Page
125
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 131]131Powers to support seizure(1)To enable a thing to be seized, an
inspector may require theperson in control of it—(a)totakeittoastatedreasonableplacebyastatedreasonable time; and(b)if
necessary, to remain in control of it at the stated placefor
a stated reasonable period.Editor’s
note—Ifthethingisaradioactivesubstance,atransportlicenceisrequired for its transport to the
stated place.(2)The requirement—(a)must
be made by notice in the approved form; or(b)if
for any reason it is not practicable to give the notice,maybemadeorallyandconfirmedbynoticeintheapproved form as soon as
practicable.(3)A further requirement may be made
under this section aboutthe thing if it is necessary and
reasonable to make the furtherrequirement.(4)A
person of whom a requirement is made under subsection (1)or
(3) must comply with the requirement, unless the personhas
a reasonable excuse.Maximum penalty for subsection (4)—50
penalty units.132Receipts for seized things(1)As soon as practicable after an
inspector seizes a thing, theinspector must
give a receipt for it to the person from whom itwas
seized.(2)However, if for any reason it is not
practicable to comply withsubsection (1),theinspectormustleavethereceiptattheplace of seizure in a conspicuous
position and in a reasonablysecure
way.(3)The receipt must describe generally
each thing seized and itscondition.Page 126Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 133](4)Also, if the thing is seized under
section 127, the receipt muststate—(a)theradiationhazardidentifiedbytheinspectorundersection 127(1)(a) at the time of seizure;
and(b)the thing will be forfeited to the
State if its owner doesnot,intheperiodof90daysaftertheseizure,demonstratetothereasonablesatisfactionofaninspector that the radiation hazard
can be managed in away that ensures no person will receive a
radiation dosefromthethinghigherthantheradiationdoselimitprescribed under
a regulation.(5)This section does not apply to a thing
if it is impracticable orwould be unreasonable to give the
receipt (given the thing’snature, condition and value).133Forfeiture of seized things(1)A seized thing is forfeited to the
State if the inspector whoseized the thing—(a)cannotfinditsowner,aftermakingreasonableinquiries;
or(b)can not return it to its owner, after
making reasonableefforts; or(c)reasonably believes it is necessary to
retain the thing toprevent it being used to commit an offence
against thisAct.(2)Also, a seized thing is forfeited to the
State if—(a)the thing was seized by an inspector
under section 127;and(b)a receipt for
the thing was issued under section 132; and(c)the
owner of the thing does not, in the period of 90 daysaftertheseizure,demonstratetothereasonablesatisfactionofaninspectorthattheradiationhazardstatedinthereceiptcanbemanagedinawaythatensures no person will receive a radiation
dose from theCurrent as at [Not applicable]Page
127
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 134]thinghigherthantheradiationdoselimitprescribedunder a
regulation.(3)In applying subsection (1)—(a)subsection (1)(a) does not require the
inspector to makeinquiries if it would be unreasonable to
make inquiriesto find the owner; and(b)subsection (1)(b) does not require the
inspector to makeeffortsifitwouldbeunreasonabletomakeeffortstoreturn the thing to its owner.Example for paragraph (b)—The
owner of the thing has migrated to another country.(4)If the inspector makes a decision
under subsection (1)(c) or(2), resulting in the seized thing
being forfeited to the State,the inspector
must immediately give the owner an informationnotice for the
decision.(5)Subsection (4) does not apply
if—(a)theinspectorcannotfindtheowner,aftermakingreasonable
inquiries; or(b)it is impracticable or would be
unreasonable to give thenotice.(6)Regard must be had to a thing’s nature,
condition and value—(a)in
deciding—(i)whetheritisreasonabletomakeinquiriesorefforts; and(ii)ifmakinginquiriesorefforts—whatinquiriesorefforts,includingtheperiodoverwhichtheyaremade, are reasonable; or(b)in deciding whether it would be
unreasonable to give thenotice.134Forfeiture on conviction(1)On
the conviction of a person for an offence against this Act,the
court may order the forfeiture to the State of—Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 135](a)anything used to commit the offence;
or(b)anything else the subject of the
offence.(2)The court may make the order—(a)whether or not the thing has been
seized; or(b)if the thing has been seized—whether
or not the thinghas been returned to its owner.(3)Thecourtmaymakeanyordertoenforcetheforfeitureitconsiders appropriate.(4)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.135When forfeited thing is a radiation
source(1)This section applies if—(a)a thing is forfeited to the State;
and(b)the thing is a radiation
source.(2)The State does not contravene a
provision of this Act merelybecause it
obtains possession of, or possesses, the thing.136Dealing with forfeited things etc.(1)On the forfeiture of a thing to the
State, the thing becomes theState’s property
and may be dealt with by the chief executiveas the chief
executive considers appropriate.(2)Withoutlimitingsubsection (1),thechiefexecutivemaydestroy or dispose of the
thing.(3)For subsection (2), if the thing is a
radioactive substance, thechiefexecutivemusthaveregardtothemattersstatedinsection 58(c), (d) and (f) in deciding
how to exercise a powerunder the subsection.(4)Despite subsection (1), the chief
executive must not deal withthethinginawaythatcouldprejudicetheoutcomeofareview applied for under part 10 of
which the chief executiveis aware.Current as at
[Not applicable]Page 129
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 137]137Return of seized things(1)Ifathingseizedundersection
127isnotforfeitedundersection 133(2),
the inspector must return it to its owner at theend
of the period of 90 days after the seizure.(2)Ifanotherseizedthingisnotforfeited,theinspectormustreturn it to its owner—(a)at
the end of 6 months; or(b)ifaproceedingforanoffenceinvolvingthethingisstarted within 6 months—at the end of the
proceedingand any appeal from the proceeding.(3)Despitesubsection
(2),unlessthethingisforfeited,theinspector must immediately return a thing
seized as evidenceto its owner if the inspector stops being
satisfied its continuedretention as evidence is
necessary.138Access to seized things(1)Until a seized thing is forfeited or
returned, an inspector mustallow its owner
to inspect it and, if it is a document, to copy it.(2)Subsection (1) does not apply if it is
impracticable or wouldbe unreasonable to allow the
inspection or copying.Subdivision 7Improvement and
prohibitionnotices139Improvement notices(1)Thissectionappliesifaninspectorreasonablybelievesaperson—(a)is
contravening a provision of this Act; or(b)has
contravened a provision of this Act in circumstancesthat
make it likely the contravention will continue or berepeated.Page 130Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 140](2)The inspector may, by written notice
(animprovement notice)given to the person, require the person to
remedy—(a)the contravention or likely
contravention; or(b)thethingsoroperationscausingthecontraventionorlikely contravention.(3)The
improvement notice must state—(a)that
the inspector believes the person—(i)is
contravening a provision of this Act; or(ii)hascontravenedaprovisionofthisActincircumstancesthatmakeitlikelythatthecontravention will continue or be
repeated; and(b)theprovisiontheinspectorbelievesisbeing,orhasbeen, contravened; and(c)briefly,howtheprovisionisbeing,orhasbeen,contravened;
and(d)the reasonable steps the person must
take to remedy thecontravention or likely contravention;
and(e)thatthepersonmusttakethestepswithinastatedreasonable
period.(4)Thepersonmustcomplywiththenotice,unlessthepersonhas a reasonable
excuse.Maximum penalty for subsection (4)—100
penalty units.140Prohibition notices(1)This section applies if an inspector
reasonably believes thatcircumstancescausing,orlikelytocause,immediatehealthriskstoanypersonorimmediateriskstotheenvironmenthave arisen, or
are likely to arise, in relation to the carryingout
of a radiation practice.(2)Theinspectormay,bywrittennotice (aprohibitionnotice)given to the person carrying out, or
in charge of carrying out,the practice, direct the person to
stop carrying out the practiceor allowing it
to be carried out.Current as at [Not applicable]Page
131
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 141](3)The prohibition notice must state the
following—(a)that the inspector believes that
circumstances causing, orlikely to cause, immediate health
risks to any person orimmediate risks to the environment
have arisen, or arelikelytoarise,inrelationtothecarryingoutofthepractice;(b)the reasons for the belief;(c)iftheinspectorbelievesthecircumstancesinvolveacontravention, or likely
contravention, of this Act—theprovision
contravened or likely to be contravened.(4)Thenoticemayimposeanyreasonablerequirementsinrelation to the person stopping—(a)the carrying out of the practice;
or(b)the practice being allowed to be
carried out.(5)Despite subsection (2), the notice may
be oral if the inspectorconsiders on reasonable grounds that
it is not practicable togive a written notice.(6)Ifthenoticeisgivenorally,itceasestohaveeffectontheexpirationof72hoursfromthetimeitwasgiven,unless,beforetheexpirationofthe72hours,itisconfirmedbyawritten notice
given by the inspector to the person.(7)Thepersonmustcomplywiththenotice,unlessthepersonhas a reasonable
excuse.Maximum penalty—200 penalty units.(8)Forthissection,apersonisinchargeofcarryingoutaradiation practice if the person has,
or reasonably appears tohave, authority to direct the carrying
out of the practice.141Orders to secure compliance with
notices(1)This section applies if the chief
executive considers a persontowhomaninspectorhasissuedanimprovementorprohibition notice has not complied with the
notice.Page 132Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 142](2)ThechiefexecutivemaymakeapplicationtotheDistrictCourt for an
order that the person comply with the notice.(3)Thecourtmaymaketheordersoughtoranyotherorderitconsiders appropriate in the
circumstances.(4)Thepersonmustcomplywiththecourt’sorder,unlesstheperson has a reasonable excuse.Maximum penalty—500 penalty units.(5)Subsection (4) does not limit any
other liability a person mayincur for a
contravention of the order.Subdivision
8Power to obtain information142Power to require name and
address(1)This section applies if—(a)aninspectorfindsapersoncommittinganoffenceagainst this
Act; or(b)an inspector finds a person in
circumstances that lead, orhas information
about a person that leads, the inspectorto reasonably
suspect the person has just committed anoffence against
this Act.(2)Theinspectormayrequirethepersontostatetheperson’sname and
residential address.(3)When making the
requirement, the inspector must warn theperson it is an
offence to fail to state the person’s name orresidential
address, unless the person has a reasonable excuse.(4)The inspector may require the person
to give evidence of thecorrectnessofthestatednameorresidentialaddressiftheinspectorreasonablysuspectsthestatednameoraddressisfalse.(5)A
requirement under subsection (2) or (4) is called apersonalparticulars
requirement.Current as at [Not applicable]Page
133
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 143]143Failure to give name or address(1)A person of whom a personal
particulars requirement is mademustcomplywiththerequirement,unlessthepersonhasareasonable excuse.Maximum
penalty—50 penalty units.(2)A person does
not commit an offence against subsection (1)if—(a)the person was required to state the
person’s name andresidentialaddressbyaninspectorwhosuspectedtheperson had committed an offence against this
Act; and(b)the person is not proved to have
committed the offence.144Power to require
production of documents(1)Aninspectormayrequireapersontomakeavailableforinspectionbyaninspector,orproducetotheinspectorforinspection, at a reasonable time and place
nominated by theinspector—(a)a
document issued to the person under this Act; or(b)a document required to be kept by the
person under thisAct.(2)The
inspector may keep the document to copy it.(3)Iftheinspectorcopiesadocumentmentionedinsubsection (1)(b), or an entry in the
document, the inspectormay require the person responsible for
keeping the documentto certify the copy as a true copy of
the document or entry.(4)The inspector
must return the document to the person as soonas practicable
after copying it.(5)However,ifarequirement(adocumentcertificationrequirement)ismadeofapersonundersubsection (3),theinspector may keep the document until the
person complieswith the requirement.(6)Arequirementundersubsection (1)iscalledadocumentproduction
requirement.Page 134Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 145]145Failure to produce document(1)Apersonofwhomadocumentproductionrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Maximum penalty—50 penalty units.(2)It is a reasonable excuse for an
individual not to comply witha document
production requirement that complying with therequirement
might tend to incriminate the individual.146Failure to certify copy of documentApersonofwhomadocumentcertificationrequirementismademustcomplywiththerequirement,unlessthepersonhas a reasonable
excuse.Maximum penalty—50 penalty units.147Power to require information(1)This section applies if an inspector
reasonably believes—(a)an offence
against this Act has been committed; and(b)apersonmaybeabletogiveinformationabouttheoffence.(2)Theinspectormay,bywrittennoticegiventotheperson,require the
person to give information about the offence to theinspector at a stated reasonable time and
place.(3)Thepersonmustcomplywitharequirementundersubsection (2), unless the person has a
reasonable excuse.Maximum penalty—50 penalty units.(4)Itisareasonableexcuseforanindividualtofailtogiveinformationifgivingtheinformationmighttendtoincriminate the individual.Current as at [Not applicable]Page
135
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 148]Subdivision 9Emergency powers
of inspectors148Emergency powers(1)This
section applies if an inspector is satisfied on reasonablegrounds—(a)there is at a place a radiation source;
and(b)it is necessary to exercise powers
under this section—(i)to avoid or minimise an imminent risk
of death of,serious illness of, or serious injury to,
any personfrom radiation emitted from the source;
or(ii)toavoidimminentseriousenvironmentalharmfrom
the source; or(iii)for a source
that has been lost or stolen, to recoverthe source
because it poses, or may pose, a threatto national
security.(2)Theinspectormay,withoutawarrantortheconsentoftheoccupier of the place, enter the
place.(3)Also, the inspector may in relation to
the source—(a)directapersonattheplacetotakestatedreasonablesteps within a
stated reasonable period in relation to thesource;
or(b)take the reasonable steps; or(c)authorise another person to take the
reasonable steps.Editor’s note—A person who
fails to comply with the direction contravenessection 149,
unless the person has a reasonable excuse.(4)The
direction may be given orally or by written notice.(5)However, if the direction is given
orally, the inspector must assoonaspracticableconfirmthedirectionbywrittennoticegiven to the person.Page 136Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 149](6)When giving a direction under
subsection (3)(a), the inspectormust warn the
person it is an offence not to comply with thedirection,
unless the person has a reasonable excuse.(7)If
the inspector takes the steps, the inspector may also
exerciseany of the powers of an inspector under this
division.(8)Theinspectormayexercisethepowersmentionedinsubsections (2), (3)(b) and (7)
(theemergency powers) withthe
help, and using the force, that is necessary and reasonablein
the circumstances.(9)In exercising or attempting to
exercise emergency powers, aninspectormusttakeallreasonablestepstoensuretheinspector causes as little inconvenience to
any person at theplace,anddoesaslittledamage,asispracticableinthecircumstances.(10)This
section does not limit any power an inspector has apartfrom
this section.(11)Ifaninspectorauthorisesapersontotakestepsundersubsection
(3)(c)—(a)thepersonmayexercisethepowersmentionedinsubsection (7); and(b)the inspector must inform the
person—(i)of the steps the person is authorised
to take; and(ii)of the person’s
powers under this section.149Failure to comply
with authorised person’s direction inemergencyA
person to whom a direction is given under section 148(3)(a)mustcomplywiththedirection,unlessthepersonhasareasonable excuse.Maximum
penalty—100 penalty units.Current as at [Not applicable]Page
137
Radiation Safety Act 1999Part 8 Monitoring,
investigation and enforcement[s 150]Division 4General
enforcement mattersNotauthorised—indicativeonly150Notice of
damage(1)This section applies if—(a)aninspectordamagespropertywhenexercisingorpurporting to exercise a power; or(b)a person (theother
person) acting under the direction orauthority of an inspector damages
property.(2)Theinspectormustimmediatelygivewrittennoticeofparticularsofthedamagetothepersonwhoappearstotheinspector to be the owner of the
property.(3)If the inspector believes the damage
was caused by a latentdefect in the property or
circumstances beyond the inspector’sor other
person’s control, the inspector may state the belief inthe
notice.(4)If,foranyreason,itisimpracticabletocomplywithsubsection (2),theinspectormustleavethenoticeinaconspicuous position and in a
reasonably secure way wherethe damage
happened.(5)Thissectiondoesnotapplytodamagetheinspectorreasonably
believes is trivial.(6)In this
section—owner,ofproperty,includesthepersoninpossessionorcontrol of it.151Compensation(1)A
person may claim compensation from the State if the personincurslossorexpensebecause
oftheexerciseorpurportedexercise of a
power under any of the following subdivisions ofdivision 3—•subdivision 1 (Entry of places)•subdivision 3 (Powers after
entry)Page 138Current as at
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Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 152]•subdivision 5 (Vehicles)•subdivision 6 (Power to seize evidence
and dangerousthings)•subdivision 9 (Emergency powers of
inspectors).(2)Withoutlimitingsubsection (1),compensationmaybeclaimedforlossorexpenseincurredincomplyingwitharequirement made of the person under
the subdivision.(3)Compensationmaybeclaimedandorderedtobepaidinaproceeding—(a)brought in a court with jurisdiction for the
recovery ofthe amount of compensation claimed;
or(b)foranoffenceagainstthisActbroughtagainsttheperson claiming compensation.(4)Acourtmayordercompensationtobepaidonlyifitissatisfied it is just to make the order in
the circumstances of theparticular case.(5)Aregulationmayprescribemattersthatmay,ormust,betaken into account by the court when
considering whether it isjust to make the order.152False or misleading statementsA
person must not state anything to an inspector the personknows is false or misleading in a material
particular.Maximum penalty—50 penalty units.153False or misleading documents(1)A person must not give an inspector a
document containinginformationthepersonknowsisfalseormisleadinginamaterial particular.Maximum penalty—50 penalty units.(2)Subsection (1) does not apply to a
person if the person, whengiving the document—Current as at [Not applicable]Page
139
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 154](a)tells the inspector, to the best of
the person’s ability, howit is false or misleading; and(b)if the person has, or can reasonably
obtain, the correctinformation—gives the correct
information.154Obstructing inspectors(1)A person must not obstruct an
inspector in the exercise of apower, unless
the person has a reasonable excuse.Maximum
penalty—100 penalty units.(2)Ifapersonhasobstructedaninspectorandtheinspectordecidestoproceedwiththeexerciseofthepower,theinspector must warn the person that—(a)itisanoffencetoobstructtheinspector,unlesstheperson has a reasonable excuse;
and(b)theinspectorconsiderstheperson’sconductisanobstruction.(3)In
this section—obstructincludes hinder
and attempt to obstruct or hinder.155Impersonation of inspectorsA
person must not pretend to be an inspector.Maximum
penalty—50 penalty units.Division 5State radiation
analysts156Functions of State radiation
analystsA State radiation analyst has the following
functions—(a)certifying the concentration or
activity of a radionuclidein radioactive material;Page
140Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 8
Monitoring, investigation and enforcement[s 157](b)certifyingthatradioactivematerialisaradioactivesubstance;(c)certifying that an apparatus is a radiation
apparatus;(d)certifying the results of analyses,
measurements or testsconductedbyoronbehalfoftheStateradiationanalyst—(i)todecidethetype,concentrationoractivityofaradionuclide present in a thing or a
sample of, orfrom, a thing; or(ii)todecidethetype,andenergyspectrum,oftheradiation being
emitted, and the rate at which theradiationisbeingemitted,fromaradiationapparatus or
radioactive material.157Appointment of
State radiation analysts(1)The chief
executive may appoint a person as a State radiationanalyst.(2)The
chief executive may appoint a person as a State radiationanalyst only if the chief executive
considers the person has thenecessaryexpertiseorexperiencetobeaStateradiationanalyst.158State radiation analyst’s appointment
conditions(1)A State radiation analyst holds office
on the conditions statedin the instrument of
appointment.(2)A State radiation analyst ceases
holding office—(a)if the appointment provides for a term
of appointment—at the end of the term; or(b)if the conditions of appointment
provide—on ceasing tohold another office stated in the
appointment conditions(themain
office).(3)AStateradiationanalystmayresignbysignednoticeofresignation given to the chief
executive.Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9
Radiation Advisory Council[s 159](4)However,aStateradiationanalystwhoisahealthserviceemployee or
public service officer may not resign from theofficeofStateradiationanalyst(thesecondaryoffice)ifacondition of the State radiation analyst’s
employment to themainofficerequirestheStateradiationanalysttoholdthesecondary office.159Measurements, tests and analyses(1)If an inspector who takes a thing or
sample of or from a thingat a place under section 117(3)(c) is
not also a State radiationanalyst, the inspector must, as soon
as practicable, give it to aState radiation
analyst for analysis, measurement or testing.(2)TheStateradiationanalystmust,assoonaspracticable,complete a
certificate of analysis, measurement or testing forthe
thing or sample and give the certificate to the inspector.(3)If an inspector who takes a thing or
sample of or from a thingataplaceundersection 117(3)(c)isalsoaStateradiationanalyst, the inspector must, as soon as
practicable, complete acertificate of analysis, measurement
or testing for the thing orsample.160Certificates must indicate methodology
usedThecertificateofanalysis,measurementortestingmustinclude information about the methodology
used to conductthe analysis, measurement or testing.Part
9Radiation Advisory CouncilDivision 1Establishment
and functions161Establishment of councilThe
Radiation Advisory Council is established.Page 142Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9 Radiation
Advisory Council[s 162]162Functions of council(1)The
council has the following functions—(a)examining,andmakingrecommendationstotheMinister about, the following—(i)the operation and application of this
Act;(ii)proposed
amendments of this Act;(iii)radiation safety
standards;(iv)issues relating
to radiation;(v)researchintoradiationpracticescarriedout,andthe transport of radioactive
materials, in the State;(b)advisingthechiefexecutiveaboutthemeritsofanapplicationforreviewofanoriginaldecisionmadeunder section
183 referred to it by the chief executiveunder section
185;(c)overseeing the operation of the
council’s committees.(2)If asked by the
Minister, the council must give the Minister awritten report
about the performance of its functions.Division 2Membership163Membership of council(1)Thecouncilconsistsofatleast8,butnotmorethan15,members, made up of—(a)the chief health officer; and(b)at least 6, but not more than 13,
persons (theappointedmembers)
who have experience in, or knowledge of—(i)the
carrying out of radiation practices; or(ii)the
transportation of radioactive material; or(iii)waysofpreventingorminimisinghealthriskstoany
person, or harm to the environment, in so far asexposure to radiation is concerned;
andCurrent as at [Not applicable]Page
143
Radiation Safety Act 1999Part 9 Radiation
Advisory Council[s 164](c)atleast1representativefromthecommunity(alsoanappointed member).(2)The appointed members are to be
appointed by the Minister.Notauthorised—indicativeonly164Term of appointment for appointed
membersAnappointedmemberistobeappointedforatermofnotmore than 3 years.165Chairperson and deputy chairperson of
council(1)TheMinisteristoappointanappointedmembertobethechairperson, and another appointed member to
be the deputychairperson, of the council.(2)Thechairpersonordeputychairpersonholdsofficefortheterm decided by the Minister
(thechairperson’s term), unlessthe
person’s term of office as a member ends sooner than thechairperson’s term.(3)Avacancyoccursintheofficeofchairpersonordeputychairperson if
the person holding the office resigns the officeby
signed notice of resignation given to the Minister or ceasesto
be an appointed member.(4)However,apersonresigningtheofficeofchairpersonordeputy chairperson may continue to be a
member.166Disqualification from
membership(1)Apersoncannotbecome,orcontinueas,anappointedmember if the
person—(a)is affected by bankruptcy action;
or(b)is convicted of an offence against
this Act.(2)Forsubsection
(1)(a),apersonisaffectedbybankruptcyaction if the
person—(a)is bankrupt; or(b)has
compounded with creditors; orPage 144Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9 Radiation
Advisory Council[s 167](c)has
otherwise taken, or applied to take, advantage of anylaw
about bankruptcy.167Vacation of officeAn appointed
member is taken to have vacated office if themember—(a)resignsbysignednoticeofresignationgiventotheMinister;
or(b)cannotcontinueasanappointedmemberundersection
166.168When notice of resignation takes
effectA notice of resignation under section 165(3)
or 167(a) takeseffect when the notice is given to the
Minister or, if a latertime is stated in the notice, the
later time.169Remuneration of membersAmemberisentitledtobepaidthefeesandallowancesdecided by the
Governor in Council.Division 3Council
business170Conduct of businessSubject to this division, the council may
conduct its business,including its meetings, in the way it
considers appropriate.171Time and place of
meetings(1)Council meetings are to be held at the
times and places thechairperson decides.Current as at [Not applicable]Page
145
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9
Radiation Advisory Council[s 172](2)However,thechairpersonmustcallameetingifasked,inwriting,todosobytheMinisteroratleastthenumberofmembers forming a quorum for the
council.(3)If the office of chairperson is
vacant, subsections (1) and (2)apply in
relation to the deputy chairperson as though he or shewere
the chairperson.172QuorumA quorum for the
council is the number equal to one-half ofthenumberofitsmembersor,ifone-halfisnotawholenumber, the next highest whole
number.173Presiding at meetings(1)The chairperson is to preside at all
meetings of the council atwhich the chairperson is
present.(2)If the chairperson is not present at a
meeting of the council,but the deputy chairperson is present,
the deputy chairpersonis to preside.(3)Ifthechairpersonanddeputychairpersonarebothabsentfromameetingofthecouncilortheofficesarevacant,amember chosen by the members present is to
preside.174Conduct of meetings(1)A question at a council meeting is
decided by a majority of thevotes of the
members present.(2)Eachmemberpresentatthemeetinghasavoteoneachquestion to be
decided and, if the votes are equal, the memberpresiding also
has a casting vote.(3)A member present at the meeting who
abstains from voting istaken to have voted for the
negative.(4)The council may hold meetings, or
allow members to take partin its meetings, by using any
technology allowing reasonablyPage 146Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9 Radiation
Advisory Council[s 175]contemporaneousandcontinuouscommunicationbetweenmembers taking part in the meeting.(5)Amemberwhotakespartinacouncilmeetingundersubsection (4) is taken to be present at the
meeting.(6)A resolution is validly made by the
council, even if it is notpassed at a council meeting,
if—(a)amajorityofthecouncilmembersgiveswrittenagreement to the
resolution; and(b)noticeoftheresolutionisgivenunderproceduresapproved by the
council.175MinutesThe council must
keep minutes of its meetings.176Disclosure of interests by council
members(1)This section applies to a member
(theinterested member) if—(a)the interested member has a direct or
indirect financialinterestinanissuebeingconsidered,orabouttobeconsidered, by the council; and(b)the interest could conflict with the
proper performanceofthemember’sdutiesabouttheconsiderationoftheissue.(2)Assoonaspracticableaftertherelevantfactscometotheinterestedmember’sknowledge,themembermustdisclosethe nature of
the interest to a council meeting.(3)Unlessthecouncilotherwisedirects,theinterestedmembermust
not—(a)be present when the council considers
the issue; or(b)take part in a decision of the council
about the issue.(4)The interested member must not be
present when the councilisconsideringwhethertogiveadirectionundersubsection (3).Current as at
[Not applicable]Page 147
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 9
Radiation Advisory Council[s 177](5)Ifthereisanothermemberwhomust,undersubsection (2),also disclose an
interest in the issue, the other member mustnot—(a)be present when the council is
considering whether togive a direction under subsection (3)
about the interestedmember; or(b)takepartinmakingthedecisionaboutgivingthedirection.(6)If—(a)becauseofthissection,amemberisnotpresentatacouncil meeting for considering or
deciding an issue, orfor considering or deciding whether to
give a directionunder subsection (3); and(b)there would be a quorum if the member
were present,the remaining members present are a quorum
of the councilforconsideringordecidingtheissue,orforconsideringordeciding whether to give the direction, at
the meeting.(7)Adisclosureundersubsection (2)mustberecordedinthecouncil’s minutes.Division 4Council committees177Committees(1)Thecouncilmayestablishcommitteesofthecouncilforeffectively and efficiently performing its
functions.(2)Thecouncilmayappointpersonstobemembersofacommittee.(3)At
least 1 of the members of a committee must be a councilmember.(4)The
council is to decide the terms of reference of a committee.(5)Thefunctionofacommitteeistoadviseandmakerecommendationstothecouncilaboutmatters,withinthePage 148Current as at
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Radiation Safety Act 1999Part 9 Radiation
Advisory Council[s 178]scope of the
council’s functions, referred by the council to thecommittee.(6)The
council may decide matters about a committee that arenot
provided for under this Act, including, for example, theway
a committee must conduct meetings.Notauthorised—indicativeonly178Remuneration of committee
membersAcommitteememberisentitledtobepaidthefeesandallowances decided by the Governor in
Council.Division 5Other provisions
about the council179Administrative support for
councilThechiefexecutivemustensurethecouncilhastheadministrativesupportservicesreasonablyrequiredforthecouncil to carry
out its functions effectively and efficiently.180Giving information to council(1)This section applies if—(a)the council asks the chief executive
for information thecouncilreasonablybelievesitneedstoperformitsfunctions; and(b)the
information is available to the chief executive; and(c)thechiefexecutivemaygivetheinformationtothecouncil without contravening a
provision of another Act.(2)The chief
executive must give the information to the councilas
soon as practicable.181Annual report(1)As
soon as practicable after the end of each financial year,
thecouncilmustgivetheMinisterawrittenreportabouttheperformance of its functions during the
year.Current as at [Not applicable]Page
149
Radiation Safety Act 1999Part 10
Reviews[s 182](2)The
Minister may publish the report in the way the Ministerconsiders appropriate.Notauthorised—indicativeonlyPart 10ReviewsDivision 1Internal review
of decisions182Review process starts with internal
review(1)Subject to this division, a person who
is given, or is entitled tobegiven,aninformationnoticeforadecision(theoriginaldecision) may apply for
review of the decision under this part.(2)Thereviewmustbe,inthefirstinstance,bywayofanapplication for internal review under
section 183.(3)To help users of this Act, schedule 1
identifies the decisionsfor which an information notice must
be given under this Act.183Application for
review to be made to the chief executiveThe person may
apply to the chief executive for a review ofthe original
decision.184Applying for review(1)The application must be made within 28
days after—(a)ifthepersonisgivenaninformationnoticeforthedecision—thedaythepersonisgiventheinformationnotice;
or(b)ifparagraph(a)doesnotapply—thedaythepersonotherwise
becomes aware of the decision.(2)Thechiefexecutivemay,atanytime,extendthetimeforapplying for the review.(3)The
application must be in writing and state fully the groundsof
the application.Page 150Current as at
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Radiation Safety Act 1999Part 10
Reviews[s 185]185Referral of application for review to
council for adviceThe chief executive must refer the
application to the councilfor its advice as to the merits of the
application.Notauthorised—indicativeonly186Review decision(1)After reviewing the original decision, the
chief executive mustmake a further decision (thereview decision) to—(a)confirm the original decision;
or(b)amend the original decision; or(c)substitute another decision for the
original decision.(2)Thechiefexecutivemustimmediatelygivetheapplicantwritten notice
of the review decision.(3)Ifthereviewdecisionisnotthedecisionsoughtbytheapplicant, the
notice must be a QCAT information notice forthe
decision.(4)If the chief executive does not give
the notice mentioned insubsection (2)within60daysaftertheapplicationismade,the chief
executive is taken to have made a review decisionconfirming the original decision.(5)If the review decision confirms the
original decision, for thepurposeofareviewofthereviewdecisionbyQCAT,theoriginal decision is taken to be the review
decision.(6)Ifthereviewdecisionamendstheoriginaldecision,forthepurposeofareviewofthereviewdecisionbyQCAT,theoriginaldecisionasamendedistakentobethereviewdecision.187Stay
of operation of original decision(1)If
an application is made for a review of an original decision,the
applicant may immediately apply, as provided under theQCAT
Act, to QCAT for a stay of the decision.(2)QCAT
may stay the decision to secure the effectiveness of thereview and any later review.Current as at [Not applicable]Page
151
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
11 Legal proceedings[s 188](3)The
stay—(a)maybegivenonconditionsQCATconsidersappropriate;
and(b)operates for the period fixed by QCAT;
and(c)may be revoked or amended by
QCAT.(4)The period of the stay must not extend
past the time when thechiefexecutivemakesareviewdecisionabouttheoriginaldecision and any
later period QCAT allows the applicant toenabletheapplicanttoapplyforareviewofthereviewdecision.(5)Anapplicationundersubsection (1)affectstheoriginaldecision, or
carrying out of the original decision, only if theoriginal decision is stayed.Division 2External review
of decisions188Who may apply for external
reviewApersonwhohasappliedforthereviewofanoriginaldecision under
division 1 and is dissatisfied with the reviewdecisionmayapply,asprovidedundertheQCATAct,toQCAT for a review of the review
decision.Part 11Legal
proceedingsDivision 1Evidence195Application of divisionThis
division applies to a proceeding under this Act.196Appointments and authorityIt
is not necessary to prove—Page 152Current as at
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Radiation Safety Act 1999Part 11 Legal
proceedings[s 197](a)the
chief executive’s appointment; or(b)theappointmentofaninspectororStateradiationanalyst; or(c)theauthorityofthechiefexecutive,aninspectororaState radiation analyst to do anything
under this Act.Notauthorised—indicativeonly197SignaturesA signature
purporting to be the signature of the Minister, thechiefexecutive,aninspectororaStateradiationanalystisevidence of the signature it purports to
be.198Evidentiary aids(1)A
certificate purporting to be signed by the chief executivestatinganyofthefollowingmattersisevidenceofthematter—(a)a
stated document is one of the following things made,given, issued or kept under this Act—(i)an appointment, approval or
decision;(ii)a notice,
direction or requirement;(iii)a
licence;(iv)a record or an
extract from a record;(v)the register or
an extract from the register;(b)a
stated document is another document kept under thisAct;(c)a
stated document is an approved radiation safety andprotectionplanforaradiationpracticeforwhichapossession licensee possesses a radiation
source;(d)astateddocumentisanapprovedsecurityplanforasecurity enhanced source;(e)a stated document is an approved
transport security planfor the transport of a security
enhanced source;Current as at [Not applicable]Page
153
Radiation Safety Act 1999Part 11 Legal
proceedings[s 198]Notauthorised—indicativeonly(f)astateddocumentisacopyofathingmentionedinparagraph (a), (b), (c), (d) or (e);(g)on a stated day, or during a stated
period, a stated personwas or was not the holder of an Act
instrument;(h)onastatedday,orduringastatedperiod,anActinstrument—(i)was
or was not in force; or(ii)was or was not
subject to a stated condition;(i)onastatedday,anActinstrumentwassuspendedorcancelled;(j)onastatedday,orduringastatedperiod,anappointmentasaninspectororStateradiationanalystwas, or was not,
in force for a stated person;(k)on a
stated day, a stated person was given a stated noticeor
direction under this Act;(l)onastatedday,astatedrequirementwasmadeofastated person;(m)astatedamountispayableunderthisActbyastatedperson and has not been paid.(2)A statement in a complaint for an
offence against this Act thatthematterofthecomplaintcametotheknowledgeofthecomplainant on a
stated day is evidence of the matter stated.(3)A
certificate purporting to be that of a State radiation
analystin relation to a thing, or sample of or from
a thing, taken by aninspector at a place under section
117(3)(c) stating any of thefollowing
matters is evidence of the matters—(a)the
analyst’s qualifications;(b)the analyst
took, or received from a stated person, thething or
sample;(c)the thing or sample was analysed,
measured or tested ata stated place on a stated day or
during a stated period;(d)themethodologyusedtoanalyse,measureortestthething or sample;Page 154Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 11 Legal
proceedings[s 199](e)the
results of the analysis, measurement or test.(4)Inaproceedinginwhichthechiefexecutiveappliesundersection 200or202torecovercostsincurredbythechiefexecutive,acertificatebythechiefexecutivestatingthatstated costs were incurred and the way in
which, and purposeforwhich,theywereincurredisevidenceofthemattersstated.Division 2Proceedings199Summary proceedings for offences(1)Proceedings for an offence against
this Act are to be taken in asummary way
under theJustices Act 1886.(2)The proceeding must start—(a)within 1 year after the commission of
the offence; or(b)within6monthsaftertheoffencecomestothecomplainant’s
knowledge, but within 2 years after thecommission of
the offence.200Recovery of costs of avoiding or
minimising adverseeffects(1)This
section applies—(a)if in a proceeding for an offence
against this Act—(i)the court finds the defendant caused a
situation thatresulted,orcouldhaveresulted,ineitherofthefollowing being adversely affected by
committingthe offence—(A)the
health or safety of any person;(B)the
environment; and(ii)the chief
executive applies to the court for an orderagainst the
defendant for the payment of the costsCurrent as at
[Not applicable]Page 155
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
11 Legal proceedings[s 201]the chief
executive has incurred in taking action toavoid or
minimise the adverse effect; and(iii)the
court finds the chief executive has reasonablyincurred the
costs; and(b)whether or not the defendant has been
convicted of theoffence.(2)The
court may order the defendant to pay the chief executivean
amount equal to the costs if it is satisfied it would be just
tomake the order in the circumstances of the
particular case.(3)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.201Court may order payment of
compensation etc.(1)This section applies if a court
convicts a person of an offenceagainst this
Act.(2)Thecourtmayorderthepersontodoeitherorbothofthefollowing—(a)pay
to another person who, because of the commissionof
the offence has suffered loss or damage to property orincurred costs in avoiding or minimising, or
attemptingtoavoidorminimise,lossordamage,anamountofcompensationitconsidersappropriateforthelossordamage suffered or the costs
incurred;(b)pay to another person who, because of
the commissionoftheoffencehasincurredcostsincleaning-upradioactive
contamination, an amount of compensationit considers
appropriate for the costs incurred.(3)An
order under subsection (2) may be made on the applicationoftheprosecutionorthepersonwhohassufferedlossordamage to property or incurred
costs.(4)An order under subsection (2) is in
addition to the impositionof a penalty and any other
order.(5)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.Page 156Current as at
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Notauthorised—indicativeonlyRadiation Safety Act 1999Part 11 Legal
proceedings[s 202](6)In
this section—radioactive contaminationmeans the lodgement, attachmentor
incorporation of radioactive material on, to or in a thing.202Recovery of costs of
investigation(1)This section applies if—(a)a court convicts a person of an
offence against this Act;and(b)thechiefexecutiveappliestothecourtforanorderagainst the
person for the payment of the costs the chiefexecutive has
incurred in taking any thing or sample orconductinganyanalysis,inspection,measurementortest
during the investigation of the offence; and(c)thecourtfindsthechiefexecutivehasreasonablyincurred the
costs.(2)The court may order the person to pay
the chief executive anamount equal to the costs if it is
satisfied it would be just tomake the order
in the circumstances of the particular case.(3)Thissectiondoesnotlimitthecourt’spowersunderthePenalties and Sentences Act 1992or
another law.203Application for order for payment of
costs orcompensation under s 200, 201 or 202(1)An application to a court under
section 200, 201 or 202 is, andany order made
by the court on the application is a judgment,in the court’s
civil jurisdiction.(2)Any issue on the application is to be
decided on the balance ofprobabilities.204Responsibility for acts or omissions of
representatives(1)This section applies in a proceeding
for an offence against thisAct.Current as at [Not applicable]Page
157
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
11 Legal proceedings[s 205](2)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)theactwasdoneoromittedtobedonebyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(3)Anactdoneoromittedtobedoneforapersonbyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless thepersonprovesthepersoncouldnot,bytheexerciseofreasonable diligence, have prevented the act
or omission.(4)In this section—representativemeans—(a)foracorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)foranindividual—anemployeeoragentoftheindividual.state of
mindof a person includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; and(b)the
person’s reasons for the intention, opinion, belief orpurpose.205Liability of executive officer—particular
offencescommitted by corporation(1)An
executive officer of a corporation commits an offence if—(a)the corporation commits an offence
against an executiveliability provision; and(b)the officer did not take all
reasonable steps to ensure thecorporation did
not engage in the conduct constitutingthe
offence.Page 158Current as at
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Radiation Safety Act 1999Part 11 Legal
proceedings[s 205]Notauthorised—indicativeonlyMaximumpenalty—thepenaltyforacontraventionoftheexecutive liability provision by an
individual.(2)In deciding whether things done or
omitted to be done by theexecutiveofficerconstitutereasonablestepsforsubsection (1)(b), a court must have
regard to—(a)whether the officer knew, or ought
reasonably to haveknown,ofthecorporation’sconductconstitutingtheoffence against the executive liability
provision; and(b)whethertheofficerwasinapositiontoinfluencethecorporation’s conduct in relation to the
offence againstthe executive liability provision;
and(c)any other relevant matter.(3)Theexecutiveofficermaybeproceededagainstfor,andconvicted of, an offence against subsection
(1) whether or notthe corporation has been proceeded against
for, or convictedof, the offence against the executive
liability provision.(4)This section
does not affect any of the following—(a)the
liability of the corporation for the offence against theexecutive liability provision;(b)theliability,undersection 205A,oftheexecutiveofficersforthecorporation’soffenceagainsttheexecutive liability provision;Note
for paragraph (b)—Section 205A concerns an offence against
section 25, 26(1) or27A(1) to the extent the offence
relates to a radiation sourceother than a
security enhanced source.(c)the liability,
under the Criminal Code, chapter 2, of anyperson, whether
or not the person is an executive officerof the
corporation, for the offence against the executiveliability provision.(5)In
this section—executiveliabilityprovisionmeansanyofthefollowingprovisions,totheextentthattheconductconstitutingtheoffence relates to a security enhanced
source—Current as at [Not applicable]Page
159
Radiation Safety Act 1999Part 11 Legal
proceedings[s 205A]•section 25•section 26(1)•section 27A(1).Notauthorised—indicativeonly205AExecutive officer
may be taken to have committedoffence(1)Ifacorporationcommitsanoffenceagainstadeemedexecutiveliabilityprovision,eachexecutiveofficerofthecorporation is
taken to have also committed the offence if—(a)theofficerauthorisedorpermittedthecorporation’sconduct
constituting the offence; or(b)theofficerwas,directlyorindirectly,knowinglyconcerned in the corporation’s
conduct.(2)Theexecutiveofficermaybeproceededagainstfor,andconvictedof,theoffenceagainstthedeemedexecutiveliabilityprovisionwhetherornotthecorporationhasbeenproceeded
against for, or convicted of, the offence.(3)This
section does not affect either of the following—(a)the liability of the corporation for
the offence against thedeemed executive liability
provision;(b)the liability, under the Criminal
Code, chapter 2, of anyperson, whether or not the person is
an executive officerof the corporation, for the offence
against the deemedexecutive liability provision.(4)In this section—deemedexecutiveliabilityprovisionmeansanyofthefollowingprovisions,totheextentthattheconductconstituting the
offence relates to a radiation source other thana
security enhanced source—•section
25•section 26(1)•section 27A(1).Page 160Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 12 Register
and information[s 206]206Allegations of false or misleading
information orstatementsIn any
proceeding for an offence against this Act defined asinvolvingfalseormisleadinginformation,orafalseormisleading statement, it is enough for a
charge to state that theinformationorstatementwas,withoutspecifyingwhich,‘false or misleading’.Part 12Register and informationDivision 1Register207Register to be kept(1)The
chief executive must keep a register about—(a)licensees, other than prescribed licensees;
and(b)accredited persons; and(c)qualified persons; and(d)inspectors; and(e)State radiation analysts; and(f)prescribedlicenseeswhoselicenceshavebeensuspended or cancelled.(2)The
register must contain the information prescribed under aregulation.(3)Theregistermaybekeptinanywaythechiefexecutiveconsiders appropriate.208Inspection of registerThe chief
executive must—(a)keep the register open for inspection,
free of charge, bymembers of the public during office hours on
businessCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
12 Register and information[s 209]daysatthedepartment’sofficedealingwithradiationhealth and
safety; and(b)allow a person to take extracts, free
of charge, from theregister; and(c)give
a person a copy of the register, or a part of it, onpayment of the fee prescribed under a
regulation.Division 2Information209Confidentiality of information(1)This section applies to—(a)a person who is, or was, the chief
executive, an inspectoror a State radiation analyst;
and(b)anotherpersonwhois,orwas,involvedintheadministration
of this Act, including, for example, as ahealth service
employee or public service employee; and(c)a
member or a member of a committee.(2)The
person must not disclose protected information if—(a)thedisclosureoftheinformationwouldbelikelytodamagethecommercialactivities,oradverselyaffectthe
intellectual property rights, of the person to whomthe
information relates; or(b)theinformationispersonalhealthinformationforaperson; or(c)the
information is personal monitoring information for aperson.Maximum
penalty—50 penalty units.(3)However,
subsection (2) does not apply if—(a)the
protected information is disclosed—(i)in
the performance of functions under this Act; orPage 162Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 12 Register
and information[s 209](ii)with
the written consent of the person to whom theprotected
information relates; or(iii)tothepersontowhomtheprotectedinformationrelates;
or(iv)to a board
established under the Health PractitionerRegulation
National Law to perform its functionsunder that Law;
or(b)theprotectedinformationisotherwisepubliclyavailable; or(c)the
disclosure of the protected information is authorisedor
permitted under an Act or is required by law.(4)Also, subsection (2)(a) and (c) do not apply
if the protectedinformationisdisclosedbythechiefexecutivetotheCommonwealth or
another State, or an entity of the State, theCommonwealthoranotherState,forapurposeprescribedunder a
regulation for this subsection.(5)Forsubsection (3)(a)(i),thegivingofprotectedinformationbythechiefexecutivetothecouncilundersection
180istakentobedisclosedintheperformancebythechiefexecutive of
functions under this Act.(6)TheCommonwealth,otherStateorentitythatreceivesprotected
information under subsection (4)—(a)must
not give it to anyone else; and(b)must
ensure the information is used only for the purposefor
which it was given.(6A)However,subsection (6)(a)doesnotpreventtheCommonwealth or another State or entity
giving the protectedinformation to someone else if the
Commonwealth, State orentityreasonablyconsidersthegivingoftheinformationisnecessary to protect national
security.(7)TheHospitalandHealthBoardsAct2011,section 142(1)doesnotapplytoapersontowhomthissectionappliesinrelation to protected
information.Current as at [Not applicable]Page
163
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
13 Miscellaneous[s 210]Editor’s
note—As a specific offence is created under
subsection (2), subsection (7)provides that
the more general provision in theHospital and
HealthBoards Act 2011, section 142
(Confidential information must not bedisclosed) does
not apply.(8)In this section—commercialactivitiesmeansactivitiesconductedonacommercial
basis.informationincludes a
document.personal health information,
for a person, means informationabout the
person’s health that identifies, or is likely to identify,the
person.personal monitoring information,
for a person, means—(a)informationcontainedinpersonalmonitoringrecordskept
for the person that identifies, or is likely to identify,the
person; or(b)theresultsofassessmentsofpersonalmonitoringdevices worn by
the person that identifies, or is likely toidentify, the
person.protectedinformationmeansinformationdisclosedto,orobtainedby,apersontowhomthissectionappliesinthecourse of, or
because of, the person’s functions under this Act.Part
13Miscellaneous210Limited exemption for radiation
source(1)Subject to subsection (2), a
regulation may exempt a radiationsource from this
Act or a provision of this Act.(2)Theexemptionmustnotbeonethatcouldreasonablybeexpected to pose any, or more than
negligible, health risks toany person or
adverse effects on the environment.Page 164Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 13
Miscellaneous[s 211]211Protecting officials from liability(1)An official is not civilly liable for
an act done, or omissionmade, honestly and without negligence
under this Act.(2)Ifsubsection
(1)preventsacivilliabilityattachingtoanofficial, the liability attaches
instead to the State.(3)In this
section—officialmeans—(a)the Minister; or(b)the
chief executive; or(c)a State radiation analyst; or(d)an inspector; or(e)apersonactingunderthedirectionorauthorityofaninspector; or(f)a
member; or(g)a member of a committee.212Impersonation of accredited
personA person must not pretend to be an
accredited person.Maximum penalty—50 penalty units.213Delegation by chief executive(1)The chief executive may delegate the
chief executive’s powersunderthisActtoanappropriatelyqualifiedpublicserviceemployee or health service employee.(2)However, the chief executive may not
delegate the power toreview an original decision under part
10, division 1.(3)In this section—appropriatelyqualifiedincludeshavingthequalifications,experience or
standing appropriate to exercise the power.Current as at
[Not applicable]Page 165
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
13 Miscellaneous[s 214]Example of
standing—a person’s classification level in a
department214Approval of formsThe chief
executive may approve forms for use under this Act.215Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)A regulation may be made about the
following—(a)the setting of radiation dose
limits;(b)accreditationcertificates,radiationsafetyofficercertificates, approvals or licences;(c)certificates of compliance for—(i)radiation sources; or(ii)premisesatwhichradioactivesubstancesarestored; or(iii)premisesatwhichradiationsourcesareusedtocarry out radiation practices;(d)the disposal of—(i)radiation sources or radioactive material;
or(ii)containers that
have been used for the transport orstorage of
radioactive material; or(iii)apparatus that
once contained a sealed radioactivesubstance;(e)the
irradiation of persons for diagnostic and therapeuticpurposes;(f)thewayinwhichtheconcentrationoractivityoftheradionuclide in radioactive material
is to be decided;Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 216](fa)mattersrelatingtothesecurityofradiationsourcestoprevent or minimise risks to any
person or harm to theenvironment;(g)fees, including the refunding of fees, for
this Act;(h)the keeping of the register for this
Act;(i)imposing a penalty of not more than 20
penalty units fora contravention of a provision of a
regulation.(3)Forthedefinitionradioactivesubstanceinschedule 2,differentprescriptionsoftheconcentrationoractivityofaradionuclide may be made, having
regard to the provision inwhich the term is used or is
relevant.Example for subsection (3)—Aparticularprescriptionoftheconcentrationoractivityofaradionuclide may be made in relation
to the termradioactive substancefor the
operation of section 14.(4)Subsection
(3)doesnotlimittheoperationoftheStatutoryInstruments Act
1992, sections 24 and 25.Part 14Repeal, saving and transitionalprovisionsDivision 1Repeal216Repeal of Radioactive Substances Act
1958TheRadioactive Substances Act 1958is
repealed.Current as at [Not applicable]Page
167
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
14 Repeal, saving and transitional provisions[s 217]Division 2Saving of
certain regulation217Exemption from expiry of Radioactive
SubstancesRegulation 1961DespitetheStatutoryInstrumentsAct1992,part7,theRadioactiveSubstancesRegulation1961doesnotexpireatmidnighton30June1999butremainsinforceuntiltheearliest of the following, when it
ceases to have effect—(a)the commencement
of section 216;(b)the end of 31 December 1999;(c)the repeal or expiry of the
regulation, other than underthe part or as
mentioned in paragraph (a) or (b).Division 3Transitional provisions for Act No.20
of 1999218Definitions for div 3In
this division—column 1 licencesee section
220(1).column 2 licencesee section
220(2).commencementmeans
commencement of this section.deemedpossessionlicencemeansalicencetopossessaradiationsourceundertherepealedActthatistakenundersection 220 to be a possession
licence.219References to repealed ActIn
an Act or document, a reference to the repealed Act may, ifthe
context permits, be taken as a reference to this Act.Page
168Current as at [Not applicable]
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 220]220Existing licences(1)This
section applies to a person who, immediately before thecommencementheld,undertherepealedAct,alicencementionedincolumn1ofthefollowingtable(acolumn1licence)—Notauthorised—indicativeonlyTablecolumn 1column 2licence to
possess a radioactive substancepossession
licencelicence to use a radioactive substanceuse
licencelicence to transport a radioactive
substancetransport licencelicence to
possess an irradiating apparatuspossession
licencelicence to use an irradiating
apparatususe licence.(2)The
person is taken to be the holder of a licence mentioned incolumn 2 of the table (acolumn 2
licence) shown opposite thecolumn 1
licence.(3)If the column 1 licence held by the
person immediately beforethe commencement was subject to a
condition, the column 2licence the person is taken to hold is
taken to be subject to thecondition.(4)The
person holds the column 2 licence until the later of thefollowing days—(a)the
day that is 3 months after the commencement;(b)the
day the term of the column 1 licence ends;(c)if,
before the later of the days mentioned in paragraphs(a)
and (b), the person applies to the chief executive forthesametypeoflicenceandtheapplicationissuccessful—the day the person is given
written notice ofthe decision about the application.(5)However,subsection
(4)stopsapplyingifthecolumn2licence is surrendered, cancelled or
suspended.Current as at [Not applicable]Page
169
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 221](6)Thepersonmaynotapplyforarenewalofthecolumn2licence the person is taken to
hold.Notauthorised—indicativeonly221Existing
applications for column 1 licences(1)Anapplicationforacolumn1licencemadeundertherepealed Act and not decided at the
commencement must bedecided under this Act.(2)Theapplicationistakentobeaboutthecolumn2licenceshown opposite
the column 1 licence.(3)Subjecttosubsection (4),theprovisionsofthisActaboutissuing licences
apply to the application.Example of provision that applies to
the application—section 53 (Criteria for
applications—possession licences)(4)TheprovisionsofthisActdealingwithmakingtheapplication in the approved form and paying
the applicationfee do not apply to the application.222Carrying out radiation practice—holder
of deemedpossession licenceSections 17, 18
and 33 do not apply to a person in possessionofaradiationsourceunderadeemedpossessionlicenceinrelationtothecarryingoutofaradiationpractice,withthesource, to which the licence
relates.223Successful application by holder of
deemed possessionlicence for new possession licence(1)This section applies if—(a)a person is in possession of a
radiation source under adeemed possession licence; and(b)theperson,whileholdingthelicence,appliestothechief executive
for a possession licence for the source;and(c)the chief executive grants the
application.Page 170Current as at
[Not applicable]
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 224](2)Sections 17, 18 and 33 do not apply to
the person during theperiodof6monthscommencingonthedaythepersonisgiven written notice of the decision to
grant the application.Notauthorised—indicativeonly224Radiation safety officers(1)This section applies in relation to a
deemed possession licenceduring the currency of the
licence.(2)Part 6, division 2 does not apply to
the holder of the licence orthe radiation
practice for which the licensee is allowed, underthe
licence, to possess a radiation source.(3)If,immediatelybeforethecommencement,therewasaradiation safety
officer appointed under the repealed Act forthe practice
(theappointed person), the appointed
person istaken to be a radiation safety officer,
under this Act, for thepractice.(4)Ifforanyreasonthereisnotanappointedperson,oraradiationsafetyofficerappointedunderthissubsection,forthepractice,theholderofthelicencemustassoonaspracticableappointaqualifiedpersonasaradiationsafetyofficer for the
practice.Maximum penalty—100 penalty units.(5)An appointed person, or a radiation
safety officer appointedunder subsection (4), has the
following functions—(a)toidentifywaysofminimisingtheradiationdosesreceived by persons from the source;(b)to provide, or arrange for the
provision of, training aboutradiation
hazards and safe working practices, in relationto the carrying
out of the practice, to—(i)persons carrying
out the practice; and(ii)the holder’s
employees, and other persons workingfortheholder,whomaybeexposedtoradiationemitted from the
source; and(iii)other persons
prescribed under a regulation;Current as at
[Not applicable]Page 171
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
14 Repeal, saving and transitional provisions[s 225](c)to provide, or arrange for the
provision of, training to thepersonsmentionedinparagraph(b)aboutprecautionsthat need to be
taken to ensure radiation doses receivedby the persons
and other persons from the source, are—(i)forionisingradiation—belowtheradiationdoselimit prescribed under a regulation and as
low asreasonably achievable; or(ii)fornon-ionisingradiation—belowtheradiationdoselimitprescribedunderaregulationandminimised as far as is practicable.(6)If the appointed person, or radiation
safety officer appointedunder subsection (4), is not also the
holder of the licence, theperson or officer also has the
following functions—(a)toadvisetheholderoftheways,identifiedundersubsection (5)(a),ofminimisingtheradiationdosesreceived by persons from the source;(b)to advise the holder if any conditions
of the licence, ofwhichthepersonorofficerisaware,arenotbeingcomplied with
and make recommendations to the holderastowhatactionneedstobetakentoensurecompliance.225Existing exemptions(1)Subsection (2) applies if—(a)immediatelybeforethecommencement,apersonwasexemptedfromaprovisionoftherepealedActforwhich there is an equivalent provision
under this Act;and(b)at the
commencement, the equivalent provision would,apart from
subsection (2), apply to the person.(2)Thepersonistakentobeexemptedfromtheequivalentprovisionfortheperiodending6monthsafterthecommencement (the6 months
period).Page 172Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 226](3)IftheexemptionundertherepealedActwassubjecttoacondition, the exemption from the
equivalent provision is alsosubject to the
condition.(4)Subsection (5) applies if—(a)thepersonmakesapplicationforacolumn2licenceduring the 6
months period; and(b)the application is relevant to the
equivalent provision.(5)Theexemptionfromtheequivalentprovisionistakentocontinuefromthedaythatitwould,apartfromthissubsection, have ended until the person is
given written noticeof the decision about the
application.226Appeals(1)Subsection (2) applies if—(a)a person has appealed to the Supreme
Court under therepealedActbeforethecommencementagainstadecision of the Minister; and(b)theappealhasnotbeendecidedbeforethecommencement.(2)The
Supreme Court may hear, or continue to hear, and decidetheappealundertherepealedActasifithadnotbeenrepealed.(3)Subsection (4) applies if—(a)immediately before the commencement a
person couldhave appealed to the Supreme Court under the
repealedAct against a decision of the Minister;
and(b)the person has not appealed before the
commencement.(4)The person may appeal, and the Supreme
Court may hear anddecide the appeal, under the repealed Act as
if this Act had notcommenced.(5)For
giving effect to its decision under subsection (2) or (4),theSupremeCourtmaymaketheordersitconsidersnecessary having
regard to the provisions of this Act.Current as at
[Not applicable]Page 173
Notauthorised—indicativeonlyRadiation Safety Act 1999Part
14 Repeal, saving and transitional provisions[s 227]Example for subsection (5)—On
an appeal by a person against a decision of the Minister to refuse
togrant a licence to possess a radioactive
substance under the repealedAct, the Supreme
Court may order that the chief executive issue apossession licence to the person under this
Act.227Offences(1)Proceedings for an offence against the
repealed Act may bestarted or continued, and the provisions of
the repealed Actnecessaryorconvenienttobeusedinrelationtotheproceedingscontinuetoapply,asifthisActhadnotcommenced.(2)Forsubsection (1),theActsInterpretationAct1954,section 20 applies, but does not limit the
subsection.228Things seizedAthingseizedundertherepealedAct,andinrelationtowhichproceedingsforanoffenceunderthatActwerenotfinalisedorstartedatthecommencement,istakentohavebeen properly
seized under this Act.229Suspended
licences(1)This section applies if a column 1
licence has been suspendedunder the repealed Act and the period
of suspension has notended on the commencement.(2)Thesuspensionistakentocontinueasasuspensionofacolumn 2 licence shown opposite the
column 1 licence.230Substances(1)This
section applies if—(a)asubstancehasbeentaken,seizedorobtainedbyaninspector under the repealed Act;
andPage 174Current as at
[Not applicable]
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 231](b)an analyst has not given a certificate
of analysis or testof the substance under that Act.(2)The provisions of the repealed Act
relating to the analysis ortesting of the
substance continue to apply.Notauthorised—indicativeonlyDivision 4Transitional
provisions forRadiation Safety Amendment Act2010231Definitions for
div 4commencementmeans the
commencement of this section.transitionalperiodmeans the period ending 6 months
afterthe commencement.232Transitional provision relating to security
plans forpossession licensees(1)Thissectionappliestoapossessionlicenseewho,atthecommencement,isinpossessionofasecurityenhancedsource under the licensee’s licence
(theexisting licence).(2)TheprovisionsofthisActrelatingtosecurityplansdonotapplytothepossessionlicensee’sexistinglicencewhileitremains in force during the
transitional period.(3)However, the
provisions of the Act relating to security plansapplytotheexistinglicenceifitisrenewedduringthetransitional period.(4)The possession licensee may, within
the transitional period,applytohaveanewpossessionlicenceissuedbythechiefexecutive.(5)The
licensee’s existing licence expires on the earliest of thefollowing—(a)the
expiry of the existing licence;(b)the
issue of a new licence to the licensee;Current as at
[Not applicable]Page 175
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 233](c)the end of the transitional
period.(6)Subsection (5) applies subject to
section 81.Notauthorised—indicativeonly233Transitional
provision for use licensees(1)Thissectionappliestoauselicenseewho,atthecommencement, is authorised to use a
radiation source that isaportablesecurityenhancedsourceunderthelicensee’slicence
(theexisting licence).(2)The use licensee may, within the
transitional period, apply tohave a new use
licence issued by the chief executive.(3)The
licensee’s existing licence is taken to expire on the
earlierof the following—(a)the
issue of a new licence to the licensee;(b)the
end of the transitional period.234Transitional provision for transport
licensees(1)Thissectionappliestoatransportlicenseewho,atthecommencement,isauthorisedtotransportaradioactivesubstancethatisasecurityenhancedsourceunderthelicensee’s licence (theexisting licence).(2)Thetransportlicenseemay,withinthetransitionalperiod,applytohaveanewtransportlicenceissuedbythechiefexecutive.(3)The
licensee’s existing licence is taken to expire on the
earlierof the following—(a)the
issue of a new licence to the licensee;(b)the
end of the transitional period.235Transitional provision for transport
security plans(1)Section 34Idoesnotapplytothetransportofasecurityenhanced source
by a person if the transport happens duringthe transitional
period.Page 176Current as at
[Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 236](2)However,nothingpreventsthefollowingduringthetransitional period—(a)apersonapplyingforapprovalofatransportsecurityplan; or(b)the
chief executive deciding the application.(3)Also,theprovisionsofpart6,division1Bapplytothefollowing—(a)anapplicationmadeforanapprovalofatransportsecurity plan during the transitional
period;(b)a transport security plan approved by
the chief executiveduring the transitional period.Division 5Transitional
provision for Healthand Other Legislation AmendmentAct
2014236Transitional provision for records of
RadiologicalAdvisory Council(1)This
section is taken to have applied from the repeal of theRadioactiveSubstancesAct1958onthecommencementofsection 216.(2)TherecordsoftheRadiologicalAdvisoryCouncilofQueenslandundertherepealedRadioactiveSubstancesAct1958
are the records of the council.Division 6Transitional provision for Healthand
Other Legislation AmendmentAct 2018237Expiry of particular existing
licences(1)This section applies to a use licence
(theexisting licence) or atransport licence (also theexisting licence)—Current as at [Not applicable]Page
177
Radiation Safety Act 1999Part 14 Repeal,
saving and transitional provisions[s 237](a)in effect immediately before the
commencement; and(b)heldbyapersonwhois,onthecommencement,aprescribed licensee.(2)Theexistinglicenceistakentohaveexpiredonthecommencement.Notauthorised—indicativeonlyPage 178Current as at
[Not applicable]
Schedule 1Radiation Safety
Act 1999Schedule 1Decisions for
whichinformation notices must begivensection
182(3)Notauthorised—indicativeonlySection303134C34D34L34N34O627679Description of decisionchanging an
approved radiation safety andprotection plan
for a radiation practicerefusing to grant an application to
change anapproved radiation safety and
protectionplan for a radiation practicechanging an approved security plan for
asecurity enhanced sourcerefusing to
grant an application to change anapproved
security plan for a securityenhanced
sourcedecision to refuse to grant an application
forapproval of a transport security planchanging an approved transport security
planfor the transport of a security
enhancedsourcerefusing to
grant an application to change anapproved
transport security plan for thetransport of a
security enhanced sourcerefusing to grant an application for
an Actinstrumentissuing an Act
instrument on conditionsrefusing to renew a renewable
ActinstrumentCurrent as at
[Not applicable]Page 179
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 1Section86889596101133(1)(c) or
(2)Description of decisionsuspending or
cancelling an Act instrumentimmediately
suspending an Act instrumentchanging
conditions of a conditional Actinstrument or
subjecting a conditional Actinstrument to
conditionsrefusing to grant an application to
changeconditions of a conditional Act
instrumentrefusing to grant an application for
thereplacement of an Act instrumentdecision resulting in a thing being
forfeitedto the StatePage 180Current as at [Not applicable]
Schedule 2DictionaryRadiation Safety
Act 1999Schedule 2Notauthorised—indicativeonlysection 7accepted
representationssee section 84(2).accreditationcertificatemeansanaccreditationcertificateissued under
section 62.accreditedpersonmeanstheholderofanaccreditationcertificate.Act
instrumentsee section 48.amend,anassessmentreport,includesprepareanotherassessment
report.appointed membersee section
163(1)(b) and (c).approvalmeans an
approval to acquire, approval to dispose orapproval to
relocate.approval to acquiremeans an
approval to acquire a radiationsource issued
under section 62.approvaltodisposemeansanapprovaltodisposeofradioactive material issued under section
62.approval to relocatemeans an
approval to relocate a radiationsource issued
under section 62.approved formmeans a form
approved by the chief executive.approved
radiation safety and protection plan, for a
radiationpractice,meansaradiationsafetyandprotectionplanapproved by the chief executive for the
practice, and includesthe plan as changed under section 30
or 31.approvedsecurityplan,forasecurityenhancedsource,means a security plan approved by the chief
executive for thesource, and includes the plan as changed
under section 34C or34D.approvedtransportsecurityplanforasecurityenhancedsource, means a transport security plan
approved by the chiefCurrent as at [Not applicable]Page
181
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2executive for
the transport of the source, and includes the planas
changed under section 34N or 34O.assessment, of a personal
monitoring device, means—(a)thequantificationoftheradiationdosethedevicehasreceived during a particular period;
and(b)theestimationoftheradiationdosereceivedbytheperson who wore the device during the
period.assessment reportsee section
20(3).banned radiation sourcemeans a
radiation source prescribedunder section
47(1) to be a banned radiation source.carry out, in
relation to a radiation practice, see section 10.certificate of compliance,
for a radiation source, includes—(a)forasealedradioactivesubstance—acertificateofcompliance relating to the sealing of the
substance; and(b)forasealedradioactivesubstanceincorporatedinasealed source apparatus—a certificate
of compliance forthe apparatus.certificate of
compliance, for a radiation source or premises,meansacertificateofcomplianceissuedbyanaccreditedperson for the
source or premises under part 3, division 3.chairpersonmeans the
chairperson of the council appointedunder section
165(1).chief health officersee theHospital and Health Boards Act2011, schedule
2.column 1 licence, for part 14,
division 3, see section 218.column 2
licence, for part 14, division 3, see section
218.commencement, for part 14,
division 3, see section 218.commissioner of
policemeans the commissioner of the policeservice appointed under thePolice Service Administration Act1990.committeemeansacommitteeofthecouncilestablishedunder section
177.Page 182Current as at
[Not applicable]
Radiation Safety Act 1999Schedule 2Notauthorised—indicativeonlyconditional Act instrumentsee
section 94.continuing approval to acquiresee
section 52.convicted,ofanoffence,meansbeingfoundguiltyoftheoffence,onapleaofguiltyorotherwise,whetherornotaconviction is recorded.convictionmeansafindingofguiltbyacourt,ortheacceptanceofapleaofguiltybyacourt,whetherornotaconviction is recorded.correspondinglawmeansalawofanotherState,theCommonwealthoraforeigncountrythatprovidesforthesame matter as
this Act or a provision of this Act.councilmeans the Radiation Advisory Council.criminal history, of a person,
means all the following—(a)everyconvictionofthepersonforanoffence,inQueenslandorelsewhere,andwhetherbeforeorafterthe commencement
of this Act;(b)every charge made against the person
for an offence, inQueenslandorelsewhere,andwhetherbeforeorafterthe commencement
of this Act.criminalhistorycheck,foraperson,meansacheckoftheperson’s criminal history.deemedpossessionlicence,forpart14,division3,seesection 218.deputychairpersonmeansthedeputychairpersonofthecouncil appointed under section
165(1).dispose, of a radiation
apparatus, means make the apparatuspermanently
inoperable as a radiation apparatus.dispose, of
radioactive material, means—(a)release the material into the environment;
or(b)releaseathingcontainingthematerialintotheenvironment.document
certification requirementsee section 144(5).document production requirementsee
section 144(6).Current as at [Not applicable]Page
183
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2environmentseetheEnvironmentalProtectionAct1994,section 8.executiveofficer,ofacorporation,meansapersonwhoisconcernedwith,ortakespartin,thecorporation’smanagement,whetherornotthepersonisadirectorortheperson’s position is given the name of
executive officer.firearmsee theWeapons Act 1990, schedule
2.health practitionermeans—(a)apersonregisteredundertheHealthPractitionerRegulation
National Law; or(b)apersonpractisinginahealth-relatedfieldwhoisaccreditedbyaprofessionalbodyrepresentingpractitioners in
the field.health recordssee section
123(1).health risks, in relation to
any person, includes risks to thesafety of any
person.health service employeesee theHospital and Health BoardsAct
2011, schedule 2.improvement
noticesee section 139(2).information
notice, for a decision of the chief executive or
aninspector, is a written notice stating the
following—(a)the decision;(b)the
reasons for the decision;(c)thepersontowhomthenoticeisgivenmayhavethedecision reviewed within 28 days;(d)how the person may have the decision
reviewed;(e)if the decision is that an Act
instrument be suspended orcancelled—adirectiontothepersontosurrendertheinstrumenttothechiefexecutivewithin7daysafterreceiving the notice;(f)if
the decision is that the conditions of a conditional Actinstrumentbechanged—adirectiontothepersontoPage 184Current as at
[Not applicable]
Radiation Safety Act 1999Schedule 2Notauthorised—indicativeonlyreturntheinstrumenttothechiefexecutivewithin7days
after receiving the notice;(g)if
the decision is that an approved radiation safety andprotection plan be changed—a direction to
the person toreturn the following documents to the chief
executive,within 14 days after receiving the
notice—(i)the plan, incorporating the
change;(ii)the person’s
possession licence in which the plan isidentified;(h)ifthedecisionisthatanapprovedsecurityplanbechanged—adirectiontothepersontoreturnthefollowing documents to the chief executive,
within 14days after receiving the notice—(i)the plan, incorporating the
change;(ii)the person’s
possession licence in which the plan isidentified;(i)if
the decision is that an approved transport security planbe
changed—a direction to the person to return the planincorporating the change to the chief
executive, within14 days after receiving the notice.inspectormeansapersonwhoisappointedasaninspectorunder section
106.ionisingradiationmeanselectromagneticorparticulateradiationcapableofproducingions,butdoesnotincludeelectromagneticradiationofawavelengthgreaterthan100nanometres.licencemeans a possession licence, transport
licence or uselicence.licenseemeans a possession licensee, use licensee or
transportlicensee.membermeans a member of the Radiation Advisory
Council.monitored personsee section
38(1).nominatedperson,foranapplicantoralicenseethatisacorporation,
means the individual nominated by the applicantCurrent as at
[Not applicable]Page 185
Radiation Safety Act 1999Schedule 2Notauthorised—indicativeonlyPage 186or licensee as
the individual who will oversee the security of asecurity enhanced source.non-ionising radiationmeans—(a)electromagnetic radiation of a
wavelength greater than100 nanometres; or(b)sonic radiation.occupier,ofaplace,includesapersonwhoreasonablyappears to be an
occupier, or in charge, of the place.original
decisionsee section 182(1).other
entitymeans an entity authorised to conduct a
criminalhistory check or security check under a law
of a State or theCommonwealth.personalmonitoringdevicemeansadevicedesignedtobeworn by a person
to monitor any radiation dose received bythe
person.personal monitoring recordsee
section 38(4).personal particulars requirementsee
section 142(5).placeincludes
premises and vacant land.place of seizuresee section
129(a).portablesecurityenhancedsourcemeansasecurityenhanced source
that—(a)is able to be carried by a person from
place to place; and(b)isused,orintendedforuse,tocarryoutaradiationpractice;
and(c)if the source is a radioactive
substance, is incorporatedinasealedsourceapparatusdesignedtoallowthesource to be carried by the person
safely.Example of portable security enhanced
source—An industrial radiography gamma camera that
is used to test for defectsin pipelines at
different locations.possess, a radiation
source, includes having the source undercontrolinanyplace,whetherornotanotherpersonhascustody of the source.Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2possession licencemeans a licence,
issued under section 62,to possess a radiation source for a
radiation practice.possession licenseemeans a person
who holds a possessionlicence.premisesincludes—(a)a
building or other structure; and(b)a
part of a building or other structure; and(c)land
where a building or other structure is situated; and(d)a vehicle.prescribe, a
therapeutic procedure, means issue an order, inwritten or
electronic form, for the intentional irradiation of aperson for therapeutic purposes,
stating—(a)particulars of the radiation source to
be used; and(b)the amount, and method of delivery, of
the radiation.prescribed activitymeans an
activity that is or is associatedwith—(a)theuse,handlingortransportofadrug,chemical,explosive, radiation source or biological
agent; or(b)thestorage,collectionormanufactureofadrug,chemical,explosive,radiationsourceorbiologicalagent; or(c)the sale, import or export of a drug,
chemical, explosive,radiation source or biological
agent.prescribed licenseesee section
103K(1).prohibition noticesee section
140(2).proposed actionsee section
83(2)(a).public placemeans a place
the public is entitled to use, opento the public or
used by the public, whether or not on paymentof money.QCAT
information noticemeans a notice complying with theQCAT
Act, section 157(2).Current as at [Not applicable]Page
187
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2qualified
personmeans a person who holds a radiation
safetyofficer certificate.radiationmeans ionising radiation or non-ionising
radiation.radiation apparatusmeans—(a)an apparatus that, when energised,
emits an amount ofionising radiation during a particular
period higher thantheamountprescribed,fortheperiod,underaregulation; or(b)anapparatusthatwouldifassembled orrepaired,andwhenenergised,becapableofemittinganamountofionising radiation during a particular
period higher thantheamountprescribed,fortheperiod,underaregulation; or(c)an
apparatus, prescribed under a regulation, that whenenergisedemitsanamountofnon-ionisingradiationduringaparticularperiodhigherthantheamountprescribed, for
the period, under a regulation; or(d)an
apparatus, prescribed under a regulation, that wouldifassembledorrepaired,andwhenenergised,becapable of emitting an amount of
non-ionising radiationduringaparticularperiodhigherthantheamountprescribed, for
the period, under a regulation.radiationdose,receivedbyapersonorthing,meanstheamount of energy from radiation
absorbed by the person orthing exposed to the radiation.radiation dose limitmeans—(a)forionisingradiation—alimitontheradiationdoseaperson may receive during a particular
period; or(b)for radioactive material—a limit on
the amount of theradionuclideinthematerialthatmaybeinhaled,ingested or introduced into the body of a
person during aparticular period; or(c)for
non-ionising radiation—a limit on the radiation dosea
person may receive during a particular period.Page 188Current as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2radiation hazardmeans risks to
the health or safety of anyperson,ortheenvironment,arisingfromexposuretoradiation.radiation
practicesee section 11.radiation safety
and protection plan, for a radiation practice,see
section 28(1).radiationsafetyofficer,foraradiationpractice,meansaperson appointed as a radiation safety
officer for the practiceunder section 36.radiationsafetyofficercertificatemeansaradiationsafetyofficer certificate issued under section
62.radiationsafety,protectionandsecurityprinciplesseesection 5.radiationsafetystandard,aboutaradiationsource,includes—(a)forasealedradioactivesubstance—aradiationsafetystandard about
the sealing of the substance made undersection
16(1)(b); and(b)forasealedradioactivesubstanceincorporatedinasealedsourceapparatus—aradiationsafetystandardabout the apparatus made under section
16(1)(c).radiation safety standardmeans a radiation safety standardmade
by the Minister under section 16.radiation
sourcemeans—(a)a
radioactive substance; or(b)a radiation
apparatus.radioactive materialmeans material
that spontaneously emitsionisingradiationasaresultoftheradioactivedecayofaradionuclide in
it, but does not include a mineral within themeaning of
theMineralResourcesAct1989situated
withinthe boundaries of land the subject of a
mining lease, mineraldevelopment licence or exploration
permit within the meaningof that Act.Current as at
[Not applicable]Page 189
Radiation Safety Act 1999Schedule 2Notauthorised—indicativeonlyPage 190radioactive
substancemeans radioactive material (whether
ornot it is sealed)—(a)containing more than the concentration or
activity of aradionuclide prescribed under a regulation;
or(b)prescribedunderaregulationtobearadioactivesubstance.registermeans the register kept under section
207.relevant offencemeans—(a)an offence involving a prescribed
activity; or(b)an offence involving violence or
threatened violence; or(c)anoffenceinvolvingtheuse,carriage,dischargeorpossession of a firearm; or(d)another offence prescribed under a
regulation.relevant radiation safety standard,
for a radiation source orpremises, means a radiation safety
standard that applies to thesource or
premises.relevantradiationsafetystandard,foratypeofradiationsourceorpremises,meansaradiationsafetystandardthatapplies to the type of source or
premises.renewable Act instrumentsee section
78.repealed Actmeans theRadioactive Substances Act 1958.request,adiagnosticprocedure,meansmakearequestorissue an order, in written or electronic
form, for the intentionalirradiation of a person for diagnostic
purposes, stating—(a)particulars of the radiation source to
be used; and(b)particularsofthediagnosticinformationsoughtfromthe
procedure.requirements, for sections
20, 21 and 22, see section 20(3)(b).review
decisionsee section 186(1).sealed
radioactive substancemeans a radioactive substancesealed in a way that—(a)minimises the possibility of its escape or
dispersion; andCurrent as at [Not applicable]
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2(b)allowstheemissionortransmissionofionisingradiation.sealedsourceapparatusmeansequipmentoragauge,instrumentordeviceincorporatingasealedradioactivesubstance, but
does not include a container used solely for thetransport or storage of a sealed radioactive
substance.security checkmeans a check of
a person’s background andactivities to assess whether a person
is, or may be, a threat tonational security.securityenhancedsourcemeansaradiationsource,oranaggregationofradiationsources,prescribedunderaregulation to be a security enhanced
source.security plansee section
34A(1).seriousenvironmentalharmseeEnvironmentalProtectionAct 1994,
section 17.show cause noticesee section
83(1).show cause periodsee section
83(2)(e).special warrantsee section
115(1).State radiation analystmeans a person
who is appointed as aState radiation analyst under section
157.transport, a radioactive
substance, does not include transportthe substance
from a part of premises to another part of thesame
premises.transport,asecurityenhancedsource,includesthefollowing—(a)prepare the source for transport;(b)load and unload the source before,
during and at the endof its transport;(c)temporarilystorethesourcebefore,duringandattheend of its
transport.transport licencemeans a licence,
issued under section 62, totransport a
radioactive substance.Current as at [Not applicable]Page
191
Notauthorised—indicativeonlyRadiation Safety Act 1999Schedule 2transportlicenseemeansapersonwhoholdsatransportlicence.transport security plansee section
34H(1).transport security plan holdermeans a person who has had atransport security plan approved by the
chief executive.treated personsee section
41(3).unsealedradioactivesubstancemeansaradioactivesubstance that
is not a sealed radioactive substance.use, in
relation to a radiation source, see section 9(1).use, in relation to the carrying out of a
radiation practice, seesection 9(2).use
licencemeans a licence, issued under section 62, to
use aradiation source to carry out a radiation
practice.use licenseemeans a person
who holds a use licence.vehiclemeansanythingusedforcarryinganythingoranyperson by land,
water or air.warrant formsee section
115(5)(b).Page 192Current as at
[Not applicable]