RADIATION ACT 2005
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3A Activity ratios for sealed sources
- 4 Declarations that certain materials and apparatuses are not radiation sources
- 5 Tabling and disallowance of declarations under section 4
- 6 Crown to be bound
PART 2--THE RADIATION PROTECTION PRINCIPLE
- 7 The Radiation Protection Principle
- 8 Interpretation that promotes the Radiation Protection Principle to be preferred
PART 3--THE ROLE OF THE SECRETARY
- 9 Functions of the Secretary
- 10 General powers of the Secretary
- 11 Secretary must have regard to the Radiation Protection Principle and NDRP
PART 4--LICENSED ACTIVITIES
- 12 Conduct of radiation practice prohibited unless licensed
- 13 Use of a radiation source prohibited unless licensed
- 14 Construction of radiation facilities prohibited in certain cases
- 15 Licence holders must comply with conditions of licence
- 16 Exemptions from holding a licence
- 16A Exemption from transport security plan requirements
- 17 Persons must not falsely represent that they are licence holders
- 18 Offence to allow persons who do not hold a use licence to use a radiation source
- 19 Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence
- 20 Secretary to be notified of loss or theft of radiation source
- 21 Offence to abandon radiation source
- 22 Offences to cause another person to receive a higher radiation dose than is prescribed
- 23 Offences to cause serious harm to the environment
- 23A Offence to permit use of high consequence sealed sources by unverified person
- 23B Offence to permit transport of high consequence sealed sources by unverified person
- 23C Offence to permit access to high consequence sealed sources by unverified person
- 23D Offence to conduct a commercial tanning practice
PART 5--APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES
Division 1--Introductory
- 24 Definitions
Division 2--Approved testers
- 25 Role of approved testers
- 26 Approved testers must comply with conditions of tester's approval
- 27 Only approved testers who hold testers' approvals that are in force may issue certificates of compliance
- 28 Offence to impersonate approved tester
Division 3--Radiation safety standards and tests
- 29 Secretary may specify radiation safety standards
- 30 Secretary may specify radiation safety tests
- 31 Standards and tests specified by Secretary may incorporate documents and other material
Division 4--Testing and certificates of compliance
- 32 Testing in accordance with specified radiation safety tests
- 33 Certificates of compliance
- 34 Approved testers to provide certificate information to Secretary
- 35 Approved tester must not knowingly issue a certificate of compliance that is false
Division 5--Use of prescribed radiation sources
- 36 Use of prescribed radiation sources prohibited unless there is a certificate of compliance
PART 5A--APPROVED ASSESSORS OF SECURITY PLANS AND TRANSPORT SECURITY PLANS
- 36A Role of approved assessors of security plans and transport security plans
- 36B Approved assessor must comply with conditions of assessor's approval
- 36C Only approved assessors who hold assessor's approvals that are in force may issue security compliance certificates
- 36D Offence to impersonate approved assessor
- 36E Approved assessor must not knowingly issue a security compliance certificate that is false
PART 6--AUTHORITIES UNDER THE ACT
Division 1--Issue of authorities
- 37 Who may apply for an authority?
- 38 Form of application
- 39 Further information for management licence applications
- 40 Further information for use licence applications
- 41 Further information for facility construction licence applications
- 42 Further information for a tester's approval application
- 42A Further information for an assessor's approval
- 43 Consideration of application for and issue of authority
- 44 Further considerations in relation to use licence applications
- 45 Requests for certain information from a relevant health practitioner board about an applicant
- 46 Further considerations in relation to a tester's approval application
- 47 Conditions of authority
- 48 Period and date of expiry of authority
- 49 When authority takes effect
- 50 Content of authority
Division 2--Renewal of authorities
- 51 Application for renewal of authority
- 52 Consideration of application for and issue of renewal of authority
- 53 Period and date of expiry of renewed authority
- 54 Conditions of renewed authority
- 55 Content of renewed authority
Division 3--Suspension and cancellation of authorities
- 56 Suspension or cancellation of authority
- 57 Show cause notice
- 58 Representations about show cause notices
- 59 Ending show cause process without further action
- 60 Suspension or cancellation
- 61 Return of cancelled authority to Secretary
- 62 Immediate suspension of authority in urgent circumstances
- 63 Effect of suspension on authorities
Division 4--Other actions in relation to authorities
- 64 Transfer of management licence or facility construction licence
- 65 Variation of authority by Secretary on his or her own initiative
- 66 Variation of authority by Secretary on application of authority holder
- 67 Surrender of authority
Division 5--Other matters
- 67A Guidelines on evidence as to identity
PART 6A--SECURITY PLANS AND TRANSPORT SECURITY PLANS
Division 1--Security plans
- 67B Certain management licence applicants must prepare and submit plan for approval
- 67C Contents of security plan
- 67D Management licence holders who possess high consequence sealed sources must have approved security plans
- 67E Approved security plan to be provided to Secretary
- 67F Review of approved security plans
Division 2--Transport security plans
- 67G Transport security plan
- 67H Contents of transport security plan
- 67I Review of transport security plan
- 67J Offence to transport high consequence sealed source without transport security plan
Division 3--Assessment of security plans and transport security plans
- 67K Review and approval of security plan or transport security plan
- 67L Approved assessor to provide certificate information to Secretary
Division 4--Compliance with security plans and transport security plans
- 67M Offence to fail to comply with security plan or transport security plan
Division 5--Standards for security plans and transport security plans and security compliance certificate
- 67N Secretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources
- 67O Notification of change to security standard involving changes to security measures
PART 7--ENFORCEMENT
Division 1--Introductory
- 68 Definitions
Division 2--Authorised officers
- 69 Appointment
- 70 Authorised officer's identity card
- 71 Production of identity card
- 72 Authorised officers must cease exercising powers if they do not produce identity card on request
- 73 Authorised officers subject to Secretary's direction
Division 3--Entry powers of authorised officers
Division 4--Investigation and enforcement powers of authorised officers
- 77 General powers of authorised officers
- 78 Power to direct persons to produce documents, operate equipment, answer questions etc.
Division 5--Search warrants
- 79 Issue of search warrants
- 80 Announcement before entry on warrant
- 81 Copy of warrant to be given to occupier
Division 6--Seized things and samples taken
- 82 Authorised officers to give receipts for seized things and samples taken
- 83 Copies of seized documents
- 84 Retention and return of seized documents or things
- 85 Magistrates' Court may extend 3 month period
- 86 Forfeiture and destruction of seized things
- 87 Secretary may cause forfeited things to be destroyed or otherwise disposed of
Division 7--Examinations, analyses, measurement and testing
- 88 Examination, analysis, measurement or testing of things seized or samples taken
- 89 Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place
- 90 Certificates must indicate methodology used
Division 7A--Improvement notices and prohibition notices
- 90A Secretary may issue improvement notice or prohibition notice
- 90B Person must comply with improvement notice or prohibition notice
- 90C Proceedings for offences affected by notices
Division 8--Miscellaneous
- 91 Offence to impersonate an authorised officer
PART 8--RADIATION EMERGENCIES
- 92 Definition
- 93 Secretary to give authorisation for exercise of emergency powers
- 94 How may an authorisation be given?
- 95 Extension of period of time authorisation is in force
- 96 What is authorised?
- 97 Authorised officers to display identity cards at all times when exercising emergency powers
- 98 Use of reasonable and necessary force
- 99 Compensation
PART 9--REVIEW OF DECISIONS
PART 10--THE RADIATION ADVISORY COMMITTEE
- 103 Radiation Advisory Committee
- 104 Membership
- 105 Acting appointments
- 106 Proceedings of the Committee
- 107 Function of the Committee
- 108 Consultation in carrying out its function
- 109 Assistance
- 110 Annual reports
- 111 Minister to lay annual reports before Houses of Parliament
PART 11--GENERAL
Division 1--Radiation analysts
- 112 Appointment of radiation analysts
- 113 Radiation analyst's terms and conditions
- 114 Functions of radiation analysts
Division 2--Other offences
- 115 Tampering with radiation sources sealed by authorised officers
- 116 False and misleading information
- 117 Offence to hinder or obstruct an authorised officer
Division 3--Infringement notices
Division 4--Provisions relating to offences
- 127 Self-incrimination
- 128 Offences by corporations
- 129 Time within which proceedings for offences may be brought
- 130 Evidence of signatures
- 131 Evidentiary certificates
Division 5--Compensation and recovery of costs
- 132 Orders for compensation and the recovery of certain costs immediately after a finding of guilt
- 133 Cost recovery by Secretary in certain cases where persons do not comply with a direction
Division 6--Reporting
Division 7--Miscellaneous
- 136 Disclosure of information to other agencies
- 137 Secretary and authorised officers need not be licensed to exercise powers or perform duties
- 137A Service of notices, orders and other documents
- 138 Register
- 139 Regulations
PART 12--SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS
Division 2--Savings and transitionals
- 146 Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions
- 147 Other savings and transitional matters
- 148 Radiation Amendment Act 2013—transitional provision—security plans and transport security plans
- 149 Radiation Amendment Act 2013—transitional provision—commercial tanning units