Radiation Act 2005 (Vic)

Version No. 034

Radiation Act 2005

No. 62 of 2005

Version incorporating amendments as at

1 March 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

3AActivity ratios for sealed sources

4Declarations that certain materials and apparatuses are not radiation sources

5Tabling and disallowance of declarations under section 4

6Crown to be bound

Part 2—The Radiation Protection Principle

7The Radiation Protection Principle

8Interpretation that promotes the Radiation Protection Principle to be preferred

Part 3—The role of the Secretary

9Functions of the Secretary

10General powers of the Secretary

11Secretary must have regard to the Radiation Protection Principle and NDRP

Part 4—Licensed activities

12Conduct of radiation practice prohibited unless licensed

13Use of a radiation source prohibited unless licensed

14Construction of radiation facilities prohibited in certain cases

15Licence holders must comply with conditions of licence

16Exemptions from holding a licence

16AExemption from transport security plan requirements

17Persons must not falsely represent that they are licence holders

18Offence to allow persons who do not hold a use licence to use a radiation source

19Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence

20Secretary to be notified of loss or theft of radiation source

21Offence to abandon radiation source

22Offences to cause another person to receive a higher radiation dose than is prescribed

23Offences to cause serious harm to the environment

23AOffence to permit use of high consequence sealed sources by unverified person

23BOffence to permit transport of high consequence sealed sources by unverified person

23COffence to permit access to high consequence sealed sources by unverified person

23DOffence to conduct a commercial tanning practice

Part 5—Approved testers and testing and use of prescribed radiation sources

Division 1—Introductory

24Definitions

Division 2—Approved testers

25Role of approved testers

26Approved testers must comply with conditions of tester's approval

27Only approved testers who hold testers' approvals that are in force may issue certificates of compliance

28Offence to impersonate approved tester

Division 3—Radiation safety standards and tests

29Secretary may specify radiation safety standards

30Secretary may specify radiation safety tests

31Standards and tests specified by Secretary may incorporate documents and other material

Division 4—Testing and certificates of compliance

32Testing in accordance with specified radiation safety tests

33Certificates of compliance

34Approved testers to provide certificate information to Secretary

35Approved tester must not knowingly issue a certificate of compliance that is false

Division 5—Use of prescribed radiation sources

36Use of prescribed radiation sources prohibited unless there is a certificate of compliance

Part 5A—Approved assessors of security plans and transport security plans

36ARole of approved assessors of security plans and transport security plans

36BApproved assessor must comply with conditions of assessor's approval

36COnly approved assessors who hold assessor's approvals that are in force may issue security compliance certificates

36DOffence to impersonate approved assessor

36EApproved assessor must not knowingly issue a security compliance certificate that is false

Part 6—Authorities under the Act

Division 1—Issue of authorities

37Who may apply for an authority?

38Form of application

39Further information for management licence applications

40Further information for use licence applications

41Further information for facility construction licence applications

42Further information for a tester's approval application

42AFurther information for an assessor's approval

43Consideration of application for and issue of authority

44Further considerations in relation to use licence applications

45Requests for certain information from a relevant health practitioner board about an applicant

46Further considerations in relation to a tester's approval application

47Conditions of authority

48Period and date of expiry of authority

49When authority takes effect

50Content of authority

Division 2—Renewal of authorities

51Application for renewal of authority

52Consideration of application for and issue of renewal of authority

53Period and date of expiry of renewed authority

54Conditions of renewed authority

55Content of renewed authority

Division 3—Suspension and cancellation of authorities

56Suspension or cancellation of authority

57Show cause notice

58Representations about show cause notices

59Ending show cause process without further action

60Suspension or cancellation

61Return of cancelled authority to Secretary

62Immediate suspension of authority in urgent circumstances

63Effect of suspension on authorities

Division 4—Other actions in relation to authorities

64Transfer of management licence or facility construction licence

65Variation of authority by Secretary on his or her own initiative

66Variation of authority by Secretary on application of authority holder

67Surrender of authority

Division 5—Other matters

67AGuidelines on evidence as to identity

Part 6A—Security plans and transport security plans

Division 1—Security plans

67BCertain management licence applicants must prepare and submit plan for approval

67CContents of security plan

67DManagement licence holders who possess high consequence sealed sources must have approved security plans

67EApproved security plan to be provided to Secretary

67FReview of approved security plans

Division 2—Transport security plans

67GTransport security plan

67HContents of transport security plan

67IReview of transport security plan

67JOffence to transport high consequence sealed source without transport security plan

Division 3—Assessment of security plans and transport security plans

67KReview and approval of security plan or transport security plan

67LApproved assessor to provide certificate information to Secretary

Division 4—Compliance with security plans and transport security plans

67MOffence 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

67NSecretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources

67ONotification of change to security standard involving changes to security measures

Part 7—Enforcement

Division 1—Introductory

68Definitions

Division 2—Authorised officers

69Appointment

70Authorised officer's identity card

71Production of identity card

72Authorised officers must cease exercising powers if they do not produce identity card on request

73Authorised officers subject to Secretary's direction

Division 3—Entry powers of authorised officers

74Power to enter places

75Procedure for entry without consent

76Procedure for entry with consent

Division 4—Investigation and enforcement powers of authorised officers

77General powers of authorised officers

78Power to direct persons to produce documents, operate equipment, answer questions etc.

Division 5—Search warrants

79Issue of search warrants

80Announcement before entry on warrant

81Copy of warrant to be given to occupier

Division 6—Seized things and samples taken

82Authorised officers to give receipts for seized things and samples taken

83Copies of seized documents

84Retention and return of seized documents or things

85Magistrates' Court may extend 3 month period

86Forfeiture and destruction of seized things

87Secretary may cause forfeited things to be destroyed or otherwise disposed of

Division 7—Examinations, analyses, measurement and testing

88Examination, analysis, measurement or testing of things seized or samples taken

89Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place

90Certificates must indicate methodology used

Division 7A—Improvement notices and  prohibition notices

90ASecretary may issue improvement notice or prohibition notice

90BPerson must comply with improvement notice or prohibition notice

90CProceedings for offences affected by notices

Division 7B—Enforceable undertakings

90DPower to accept an enforceable undertaking

90EAmendment or withdrawal of enforceable undertaking

90FNo criminal proceeding if enforceable undertaking is complied with

90GNo criminal proceeding while enforceable undertaking is in force

90HCriminal proceeding if enforceable undertaking is withdrawn

90IEnforcement of enforceable undertaking by Magistrates' Court

90JEnforcement of enforceable undertaking order by Secretary

Division 7C—Information or document production notices

90KPower to give information or document production notice

90LOffence to contravene information or document production notice

90MProtection against self‑incrimination

90NAdmissibility of document produced under information or document production notice

Division 8—Miscellaneous

91Offence to impersonate an authorised officer

Part 8—Radiation emergencies

92Definition

93Secretary to give authorisation for exercise of emergency powers

94How may an authorisation be given?

95Extension of period of time authorisation is in force

96What is authorised?

97Authorised officers to display identity cards at all times when exercising emergency powers

98Use of reasonable and necessary force

99Compensation

Part 9—Review of decisions

100Definitions

101Review

102VCAT review of certain decisions of Secretary

Part 10—The Radiation Advisory Committee

103Radiation Advisory Committee

104Membership

105Acting appointments

106Proceedings of the Committee

107Function of the Committee

108Consultation in carrying out its function

109Assistance

110Annual reports

111Minister to lay annual reports before Houses of Parliament

Part 11—General

Division 1—Radiation analysts

112Appointment of radiation analysts

113Radiation analyst's terms and conditions

114Functions of radiation analysts

Division 2—Other offences

115Tampering with radiation sources sealed by authorised officers

116False and misleading information

117Offence to hinder or obstruct an authorised officer

Division 3—Infringement notices

118Definition

119Power to serve a notice

121Infringement penalties

Division 4—Provisions relating to offences

127Self-incrimination

128Offences by corporations

129Time within which proceedings for offences may be brought

130Evidence of signatures

131Evidentiary certificates

Division 5—Compensation and recovery of costs

132Orders for compensation and the recovery of certain costs immediately after a finding of guilt

133Cost recovery by Secretary in certain cases where persons do not comply with a direction

Division 6—Reporting

134Annual report

135Secretary to notify CEO of ARPANSA of prescribed radiation incidents

Division 7—Miscellaneous

136Disclosure of information to other agencies

137Secretary and authorised officers need not be licensed to exercise powers or perform duties

137AService of notices, orders and other documents

138Register

139Regulations

Part 12—Savings, transitionals and amendment of Acts

Division 2—Savings and transitionals

146Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions

147Other savings and transitional matters

148Radiation Amendment Act 2013—transitional provision—security plans and transport security plans

149Radiation Amendment Act 2013—transitional provision—commercial tanning units

Schedule

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 034

Radiation Act 2005

No. 62 of 2005

Version incorporating amendments as at

1 March 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to protect the health and safety of persons and the environment from the harmful effects of radiation.

2Commencement

(1)Section 1, section 146 and this section come into operation on the day after the day on which this Act receives the Royal Assent.

(2)The remaining provisions of this Act come into operation on 1 September 2007.

3Definitions

(1)In this Act—

activity ratio, for a sealed source, means the ratio determined in accordance with section 3A;

approved assessor means a person who holds an assessor's approval;

approved security plan means a security plan for which an approved assessor has issued a security compliance certificate under section 67K;

approved tester means a person who holds a tester's approval;

approved transport security plan means a transport security plan for which an approved assessor has issued a security compliance certificate under section 67K;

assessor's approval means an approval issued under Part 5A;

authorised officer means a person appointed under section 69;

authority means—

(a)a facility construction licence;

(b)a management licence;

(c)a use licence;

(d)a tester's approval;

authority holder means a licence holder or approved tester;

category 1 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of greater than or equal to 1000;

category 1 sealed source means a sealed source that has an activity ratio of greater than or equal to 1000;

category 2 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 1000 but greater than or equal to 10;

category 2 sealed source means a sealed source that has an activity ratio of less than 1000 but greater than or equal to 10;

category 3 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 10 but greater than or equal to 1;

category 3 sealed source means a sealed source that has an activity ratio of less than 10 but greater than or equal to 1;

certificate of compliance means a certificate issued under section 33(1);

certificate of examination and analysis means a certificate completed in accordance with section 88 or 89;

clean up includes any measures—

(a)to remove, destroy or otherwise dispose of any radiation source; and

(b)to restore a place to a state as close as practicable to the state it was in immediately before the emission of radiation from a radiation source; and

(c)to assess the nature and extent of the damage and risk caused by any emission of radiation from a radiation source; and

(d)to take any measurement, recording or sample or to prepare any report, plan, drawing or other document, or to make any inspection, calculation, test or analysis relating to the emission of radiation from a radiation source; and

(e)to retain any consultant, contractor, expert, agency or person for the purpose of taking any clean up measures referred to in paragraphs (a) to (d); and

(f)to determine the most appropriate action to take in relation to the measures set out in paragraphs (a) to (e);

Committee means the Radiation Advisory Committee established under section 103;

Department means the Department of Health;

enforceable undertaking means an undertaking given by a person under section 90D;

enforceable undertaking order means an order made by the Magistrates' Court under section 90I;

facility construction licence means a licence issued under Part 6 allowing the licence holder to construct a radiation facility or to change the use of land or an existing building to that of a radiation facility;

facility construction licence holder means a person who holds a facility construction licence;

high consequence group of sealed sources means a category 1 group of sealed sources, a category 2 group of sealed sources or a category 3 group of sealed sources;

high consequence sealed source means a category 1 sealed source, a category 2 sealed source or a category 3 sealed source;

identification document, in relation to a person, means a document that—

(a)shows the identity of a person; and

(b)is prescribed;

information or document production notice means a notice given under section 90K;

ionising radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly but does not include electromagnetic radiation of a wavelength of greater than 100 nanometres;

ionising radiation apparatus means an apparatus that produces ionising radiation when energised but does not include—

(a)a sealed source apparatus; or

(b)an apparatus that is—

(i)prescribed by the regulations not to be an ionising radiation apparatus; or

(ii)declared not to be an ionising radiation apparatus under section 4;

licence means a facility construction licence, a management licence or a use licence;

licence holder means a facility construction licence holder, a management licence holder or a use licence holder;

management licence means a licence issued under Part 6 allowing the licence holder to conduct the radiation practice specified in that licence;

management licence holder means a person who holds a management licence;

National Directory for Radiation Protection or NDRP means the National Directory for Radiation Protection—

(a)published from time to time by the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth; and

(b)as amended from time to time—

and includes any matter contained in any document, code, standard, guideline, rule, specification or method formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by the National Directory for Radiation Protection whether that document, code, standard, guideline, rule, specification or method is formulated, issued, prescribed or published—

(c)at the time the National Directory for Radiation Protection is published or at any time before then; or

(d)from time to time;

non-ionising radiation means electromagnetic radiation of a wavelength of greater than 100 nanometres;

non-ionising radiation apparatus means an apparatus that—

(a)produces non-ionising radiation when energised; and

(b)is prescribed by the regulations to be a non-ionising radiation apparatus;

place includes a public place, residential premises, a building or a part of a building or a vehicle;

police officer has the same meaning as in the Victoria Police Act 2013;

public place means a place, or part of a place, that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money;

Examples

Examples of public places include—

(a)streets, roads, footpaths and passages (whether or not on private property);

(b)forecourts of public and commercial buildings;

(c)carparks;

(d)parks, gardens and recreation reserves;

radiation analyst means a person appointed under section 112;

radiation apparatus means an ionising radiation apparatus or non-ionising radiation apparatus;

radiation facility means a facility that is prescribed by the regulations to be a radiation facility but does not include—

(a)a mill or facility of the kind described in section 8 of the Nuclear Activities (Prohibitions) Act 1983; or

(b)a nuclear reactor or nuclear power reactor within the meaning of the Nuclear Activities (Prohibitions) Act 1983—

the construction or operation of which is prohibited by section 8 of that Act;

radiation practice means any of the following activities—

(a)possessing a radiation source;

(b)selling a radiation source;

(c)transporting radioactive material;

(d)repairing a radiation source;

(e)maintaining a radiation source;

(ea)managing or controlling the use of a radiation source;

(f)testing a radiation source where that testing does not involve using a radiation source;

(g)mining radioactive material;

(h)processing radioactive material;

(i)disposing of a radiation source;

(j)decommissioning a radiation facility;

(k)procuring or arranging research involving the irradiation of persons;

(l)any activity (not referred to in paragraphs (a) to (k)) conducted in relation to a radiation source that may result in exposing a person or the environment to radiation—

but does not include—

(m)an activity referred to in paragraphs (a) to (l) that is prescribed by the regulations not to be a radiation practice; or

(n)using a radiation source;

Note

A person who carries out an activity referred to in paragraphs (b) to (l) during the course of his or her employment is not to be taken to be conducting a radiation practice: see subsection (2).

Radiation Protection Principle means the principle set out in section 7;

radiation source means—

(a)radioactive material;

(b)a radiation apparatus;

(c)a sealed source apparatus;

radioactive material means—

(a)any material that spontaneously emits ionising radiation that—

(i)has an activity concentration equal to, or greater than, the amount prescribed by the regulations; and

(ii)consists of, or contains, an activity equal to, or greater than, the amount prescribed by the regulations; or

(b)any material that spontaneously emits ionising radiation that—

(i)has an activity concentration, or consists of, or contains, an activity, less than the amount prescribed by the regulations; and

(ii)occurs in prescribed circumstances—

but does not include—

(c)raw material with unmodified concentrations of radionuclides unless that material is prescribed by the regulations to be radioactive material;

(d)material that is—

(i)prescribed by the regulations not to be radioactive material; or

(ii)declared not to be radioactive material under section 4;

register means the register established and maintained under section 138;

sealed source means radioactive material that is—

(a)permanently sealed in a capsule; or

(b)closely bound and in solid form;

sealed source apparatus means an apparatus that produces ionising radiation because it contains a sealed source but does not include an apparatus that is—

(a)prescribed by the regulations not to be a sealed source apparatus; or

(b)declared not to be a sealed source apparatus under section 4;

Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

security compliance certificate means a certificate issued under section 67K;

security plan means a plan prepared in accordance with Division 1 of Part 6A;

security standard means a standard specified under section 67N;

tanning unit means an electrically powered radiation apparatus designed to produce tanning of the human skin by utilising ultraviolet radiation;

tester's approval means an approval issued under Part 6;

transport security plan means a plan prepared in accordance with Division 2 of Part 6A;

Tribunalmeans Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

use, in relation to a radiation source, means actual use by a natural person of a radiation source and includes—

(a)the use of radiation emitted from a radiation source;

(b)the injection, or implanting, of radioactive material into a person or animal;

use licence means a licence issued under Part 6 allowing the licence holder to use a radiation source;

use licence holder means a person who holds a use licence;

vehicle has the same meaning as in the Road Safety Act 1986.

(2)For the purposes of this Act, a person who carries out an activity referred to in paragraphs (b) to (l) of the definition of radiation practice during the course of his or her employment is not to be taken to be conducting a radiation practice.

3AActivity ratios for sealed sources

(1)For the purposes of this Act, the activity ratio for a sealed source is to be determined in accordance with the formula—

where—

Ais the activity of the sealed source's prescribed radionuclide in gigabecquerel units; and

Dis the value specified in the regulations for the prescribed radionuclide.

4Declarations that certain materials and apparatuses are not radiation sources

(1)The Secretary, by notice published in the Government Gazette, may declare—

(a)a material or class of material that spontaneously emits ionising radiation not to be a radioactive material for the purposes of this Act;

(b)an apparatus or class of apparatus that produces ionising radiation because it contains a sealed source not to be a sealed source apparatus for the purposes of this Act;

(c)an apparatus or class of apparatus that produces ionising radiation when energised not to be an ionising radiation apparatus for the purposes of this Act.

(2)The Secretary may only make a declaration under subsection (1) if he or she is satisfied that the ionising radiation—

(a)emitted by the material or class of material; or

(b)produced by the apparatus or class of apparatus—

does not pose a significant risk to the health or safety of any person or the safety of the environment.

5Tabling and disallowance of declarations under section 4

(1)On or before the 6th sitting day after a declaration under section 4 is published in the Government Gazette, the Minister must ensure that a copy of that declaration is laid before each House of the Parliament.

(2)A failure to comply with subsection (1) does not affect the operation or effect of the declaration but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.

(3)A declaration under section 4 may be disallowed in whole or in part by either House of Parliament.

(4)Part 5 of the Subordinate Legislation Act 1994 applies to a declaration under section 4 as if—

(a)a reference in that Part to a "statutory rule" were a reference to a declaration under section 4; and

(b)a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1).

(5)A reference to a declaration under section 4 in this section includes a reference to any amendment to a declaration under section 4.

6Crown to be bound

This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—THE RADIATION PROTECTION PRINCIPLE

7The Radiation Protection Principle

The Radiation Protection Principle is the principle that persons and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation where—

(a)justification involves assessing whether the benefits of a radiation practice or the use of a radiation source outweigh the detriment;

(b)limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person or the risk to the environment exposed to radiation are below levels considered unacceptable;

(c)optimisation—

(i)in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to ionising radiation, means keeping—

(A)the magnitude of individual doses of, or the number of people that may be exposed to, ionising radiation; or

(B)if the magnitude of individual doses, or the number of people that may be exposed, is uncertain, the likelihood of incurring exposures of ionising radiation—

as low as reasonably achievable taking into account economic, social and environmental factors;

(ii)in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to non-ionising radiation, equates to cost-effectiveness.

8Interpretation that promotes the Radiation Protection Principle to be preferred

In interpreting a provision of this Act or the regulations, a construction that would promote the Radiation Protection Principle is to be preferred to a construction that would not promote the Radiation Protection Principle.

PART 3—THE ROLE OF THE SECRETARY

9Functions of the Secretary

The functions of the Secretary under this Act and the regulations are to—

(a)exempt certain radioactive material and apparatuses from being radioactive material or sealed source apparatuses or ionising radiation apparatuses under this Act; and

(b)regulate activities relating to the management, operation or use of radiation sources and the construction of radiation facilities through the licensing of these activities; and

(c)approve testers of prescribed radiation sources within the meaning of Part 5; and

(d)specify radiation safety standards and radiation safety tests for the testing of prescribed radiation sources within the meaning of Part 5; and

(da)approve assessors of security plans and transport security plans; and

(db)specify security standards for high consequence sealed sources and high consequence groups of sealed sources; and

(e)appoint authorised officers to—

(i)monitor and enforce compliance with this Act and the regulations; and

(ii)exercise the emergency powers under this Act in relation to radiation events; and

(f)give authorisations to authorised officers to exercise their emergency powers under this Act in relation to radiation events; and

(g)appoint radiation analysts; and

(h)serve infringement notices in relation to offences which have been prescribed as offences for which an infringement notice may be served; and

(ha)issue improvement notices or prohibition notices in relation to contraventions, or likely contraventions, of the Act or the regulations; and

(hb)accept enforceable undertakings relating to contraventions or alleged contraventions of this Act or the regulations; and

(hc)give information or document production notices or amend information or document production notices for the purposes of—

(i)monitoring compliance with this Act or the regulations; or

(ii)determining whether a person has committed an offence against this Act or the regulations; and

(i)advise the Minister on matters relating to radiation safety; and

(j)promote or conduct studies, investigations and research relating to radiation protection and nuclear safety, including the health and safety of persons and the safety of the environment; and

(k)perform any other function conferred on the Secretary under this Act or the regulations.

10General powers of the Secretary

The Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act or the regulations.

11Secretary must have regard to the Radiation Protection Principle and NDRP

The Secretary, in performing or exercising a function or power conferred on him or her under this Act or the regulations, must have regard to—

(a)the Radiation Protection Principle; and

(b)the NDRP to the extent that the NDRP is not inconsistent with this Act or the regulations.

PART 4—LICENSED ACTIVITIES

12Conduct of radiation practice prohibited unless licensed

(1)A person must not conduct a radiation practice unless the person—

(a)holds a management licence, that is in force, that allows the person to conduct that radiation practice; or

(b)is exempted under section 16 from the requirement to hold a licence in respect of that radiation practice and the person conducts the radiation practice in accordance with the exemption.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence under this section is an indictable offence.

13Use of a radiation source prohibited unless licensed

(1)A natural person must not use a radiation source unless the person—

(a)holds a use licence, that is in force, that allows that use; or

(b)is exempted under section 16 from the requirement to hold a licence in respect of that use and the person uses the radiation source in accordance with the exemption; or

(c)is an approved tester and uses the radiation source in accordance with a tester's approval he or she holds that is in force.

Penalty:1200 penalty units.

(2)An offence under this section is an indictable offence.

14Construction of radiation facilities prohibited in certain cases

(1)An owner or occupier of land must not—

(a)construct a radiation facility on land that they own or occupy unless they hold a facility construction licence, that is in force, that allows them to construct the radiation facility; or

(b)permit or allow another person to construct a radiation facility on land that they own or occupy unless the other person holds a facility construction licence, that is in force, in relation to the radiation facility to be constructed; or

(c)change the use of land that they own or occupy to use for a radiation facility unless they hold a facility construction licence, that is in force, that allows them to use that land for a radiation facility; or

(d)change the use of a building that they own or occupy to use as a radiation facility unless they hold a facility construction licence, that is in force, that allows them to use that building as a radiation facility.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

(2)An offence under this section is an indictable offence.

15Licence holders must comply with conditions of licence

(1)A management licence holder must not knowingly, recklessly or negligently fail to comply with any condition of their licence.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)A use licence holder must not knowingly, recklessly or negligently fail to comply with any condition of his or her licence.

Penalty:600 penalty units.

(3)A facility construction licence holder must not knowingly, recklessly or negligently fail to comply with any condition of their licence.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

Note

The Secretary may impose licence conditions on licences under section 47.

(4)An offence under subsection (1), (2) or (3) is an indictable offence.

16Exemptions from holding a licence

(1)The Secretary, by notice published in the Government Gazette, may exempt a person or a class of person from the requirement to hold—

(a)a management licence in respect of the radiation practice specified in the notice; or

(b)a use licence in respect of the use of a radiation source specified in the notice; or

(c)a facility construction licence in respect of a radiation source specified in the notice.

(2)An exemption may be of general or specific application.

(3)The Secretary may only exempt a person under subsection (1) if he or she is satisfied that the radiation practice or use will not pose a significant risk to the health or safety of any person or the safety of the environment.

(4)An exemption is subject to the terms, conditions and limitations that are specified in the notice.

(5)Without limiting subsection (4), an exemption may be subject to a condition requiring a person or class of person to comply with a document, code, standard, rule or guideline formulated, issued, prescribed or published by any person or body whether—

(a)as formulated, issued, prescribed or published at the time notice of the exemption is published in the Government Gazette or at any time before notice of the exemption is published in the Government Gazette; or

(b)as published or amended from time to time.

16AExemption from transport security plan requirements

(1)The Secretary, by notice published in the Government Gazette, may exempt a management licence holder from preparing and providing to the Secretary an approved transport security plan and security compliance certificate.

(2)An exemption may be of general or specific application.

(3)The Secretary may only exempt a licence holder under subsection (1) if he or she is satisfied that the transportation of a high consequence sealed source or a high consequence group of sealed sources will not pose a significant risk to the health or safety of any person or the safety of the environment.

(4)An exemption is subject to the terms, conditions and limitations that are specified in the notice.

17Persons must not falsely represent that they are licence holders

A person must not directly or indirectly represent that he or she is a licence holder unless the person is a licence holder.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

18Offence to allow persons who do not hold a use licence to use a radiation source

(1)A management licence holder must not direct, request or knowingly allow a person who the management licence holder knows is not a use licence holder, or is a use licence holder whose licence is suspended, to use a radiation source in the management licence holder's possession.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

(3)Subsection (1) does not apply if the person who uses a radiation source in the management licence holder's possession—

(a)is exempted under section 16 from holding a use licence in respect of that use; and

(b)uses that source in accordance with that exemption.

19Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence

(1)A management licence holder must not direct, request or knowingly allow a use licence holder to use a radiation source in the management licence holder's possession in a manner that the management licence holder knows is contrary to the conditions of the use licence holder's use licence.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

20Secretary to be notified of loss or theft of radiation source

(1)A management licence holder, on becoming aware that a radiation source that was in their possession is lost or has been stolen, must immediately notify the Secretary of the loss or theft.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

(2)An offence under this section is an indictable offence.

21Offence to abandon radiation source

(1)A management licence holder must not knowingly, recklessly or negligently abandon a radiation source that is in their possession.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)An offence under this section is an indictable offence.

22Offences to cause another person to receive a higher radiation dose than is prescribed

(1)A person must not, when conducting a radiation practice in relation to a radiation source, knowingly, recklessly or negligently cause another person to receive a radiation dose that is greater than the dose limit that is prescribed.

Penalty:In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

(2)A person must not, when using a radiation source, knowingly, recklessly or negligently cause another person to receive a radiation dose that is greater than the dose limit that is prescribed.

Penalty:240 penalty units.

(3)An offence under subsection (1) is an indictable offence.

(4)Subsection (1) or (2) does not apply if the other person receives the radiation dose during the course, or for the purposes, of any treatment for, or diagnosis of, an illness or injury.

23Offences to cause serious harm to the environment

(1)A person must not, when conducting a radiation practice in relation to a radiation source, knowingly, recklessly or negligently cause serious harm to the environment.

Penalty:In the case of a natural person, 1800 penalty units;

In the case of a body corporate, 9000 penalty units.

(2)A person must not, when using a radiation source, knowingly, recklessly or negligently cause serious harm to the environment.

Penalty:1200 penalty units.

(3)An offence under subsection (1) or (2) is an indictable offence.

23AOffence to permit use of high consequence sealed sources by unverified person

(1)A management licence holder must not direct, request or allow a person to use a high consequence sealed source that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)A person does not commit an offence under subsection (1) if the person uses the high consequence sealed source while accompanied by a person whose identity has been verified by the management licence holder using an identification document.

23BOffence to permit transport of high consequence sealed sources by unverified person

(1)A management licence holder must not direct, request or allow a person to transport a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)A person does not commit an offence under subsection (1) if the person transports the high consequence sealed source or a high consequence group of sealed sources while accompanied by a person whose identity has been verified by the management licence holder using an identification document.

23COffence to permit access to high consequence sealed sources by unverified person

(1)A management licence holder must not direct, request or allow a person to access a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence

holder has not verified the identity of the person using an identification document.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)A person does not commit an offence under subsection (1) if the person accesses the high consequence sealed source or high consequence group of sealed sources while—

(a)accompanied by a person whose identity has been verified by the management licence holder using an identification document; or

(b)subject to surveillance at all times.

(3)In this section—

access includes having the means to unlock a building, room, container, tank, vehicle or any other thing or place in which a high consequence sealed source or high consequence group of sealed sources is situated;

surveillance includes recorded surveillance by any of the following—

(a)a monitored closed circuit television camera;

(b)a motion sensor camera;

(c)anti-stay behind detection and alarms based on motion detection; or

(d)any other measure prescribed in the regulations.

23DOffence to conduct a commercial tanning practice

A person must not—

(a)provide, or offer to provide, for fee or reward the use of a tanning unit; or

(b)operate or offer to operate for fee or reward a tanning unit.

Penalty:In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

PART 5—APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES

Division 1—Introductory

24Definitions

In this Part—

prescribed radiation source means a radiation source that is prescribed to be a prescribed radiation source;

radiation safety standard means a standard specified under section 29(1);

specified radiation safety test means a test specified under section 30(1).

Division 2—Approved testers

25Role of approved testers

The role of an approved tester is to—

(a)conduct tests on prescribed radiation sources to determine whether the prescribed radiation sources meet the relevant radiation safety standards; and

(b)issue certificates of compliance in respect of prescribed radiation sources if the prescribed radiation sources meet the relevant radiation safety standards.

26Approved testers must comply with conditions of tester's approval

(1)An approved tester must not knowingly, recklessly or negligently fail to comply with any condition of his or her tester's approval.

Penalty:600 penalty units.

Note

The Secretary may impose conditions on a tester's approval under section 47.

(2)An offence under this section is an indictable offence.

27Only approved testers who hold testers' approvals that are in force may issue certificates of compliance

(1)A person must not issue a certificate of compliance in relation to a prescribed radiation source unless he or she holds a tester's approval that is in force.

Penalty:60 penalty units.

*                *                *                *                *

28Offence to impersonate approved tester

A person must not directly or indirectly represent that he or she is an approved tester unless the person is an approved tester.

Penalty:60 penalty units.

Division 3—Radiation safety standards and tests

29Secretary may specify radiation safety standards

(1)The Secretary must, in respect of every prescribed radiation source, specify the standard that must be met by the prescribed radiation source when it is tested by an approved tester.

(2)On specifying a radiation safety standard, the Secretary must publish—

(a)notice of that specification in the Government Gazette; and

(b)the radiation safety standard on the Internet.

(3)A radiation safety standard specified under this section takes effect on and from the date on which notice of its specification is published in the Government Gazette or a later date that is specified in the notice.

30Secretary may specify radiation safety tests

(1)The Secretary may specify the method, form or manner of test to be conducted on a prescribed radiation source to determine whether the prescribed radiation source meets the radiation safety standard applicable to that prescribed radiation source.

(2)If the Secretary specifies a specified radiation safety test, the Secretary must publish—

(a)notice of that specification in the Government Gazette; and

(b)the specified radiation safety test on the Internet.

(3)A specified radiation safety test takes effect on and from the date on which notice of its specification is published in the Government Gazette or a later date that is specified in the notice.

31Standards and tests specified by Secretary may incorporate documents and other material

(1)A radiation safety standard or a specified radiation safety test may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, authority or body whether—

(a)wholly or partially or as amended by the standard or test; or

(b)as formulated, issued, prescribed or published at the time the standard or test is specified or at any time before the standard or test is specified; or

(c)as amended from time to time.

(2)Section 32 of the Interpretation of Legislation Act1984 does not apply to a radiation safety standard or a specified radiation safety test.

Division 4—Testing and certificates of compliance

32Testing in accordance with specified radiation safety tests

If an approved tester—

(a)employed by a person who possesses a prescribed radiation source is requested or directed by that person to test a prescribed radiation source; or

(b)is engaged to test a prescribed radiation source—

and there is a specified radiation safety test applicable to that prescribed radiation source, the approved tester must conduct that test in accordance with the specified radiation safety test.

33Certificates of compliance

(1)If, following the conduct of a test to determine whether a prescribed radiation source meets the radiation safety standard applicable to that source, the approved tester is of the view that the prescribed radiation source meets the applicable radiation safety standard, the approved tester must issue a certificate of compliance in respect of that prescribed radiation source.

(2)A certificate of compliance must—

(a)be in a form approved by the Secretary; and

(b)contain any information required by the Secretary; and

(c)specify the date of expiry prescribed for certificates of compliance issued in respect of the prescribed radiation source.

(3)An approved tester must give a certificate of compliance to the person who is in possession of the prescribed radiation source to which the certificate relates within 7 days of issuing the certificate.

34Approved testers to provide certificate information to Secretary

An approved tester must provide to the Secretary the information contained in a certificate of compliance—

(a)in writing; and

(b)within 7 days of issuing the certificate.

35Approved tester must not knowingly issue a certificate of compliance that is false

(1)An approved tester must not knowingly issue a certificate of compliance that is false or misleading in a material particular.

Penalty:600 penalty units.

(2)An offence under this section is an indictable offence.

Division 5—Use of prescribed radiation sources

36Use of prescribed radiation sources prohibited unless there is a certificate of compliance

(1)A person who is in possession of a prescribed radiation source must not require, direct, allow or permit a person to use the prescribed radiation source unless there is a certificate of compliance in respect of that source that has not expired.

Penalty:In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

(2)An offence under this section is an indictable offence.

PART 5A—APPROVED ASSESSORS OF SECURITY PLANS AND TRANSPORT SECURITY PLANS

36ARole of approved assessors of security plans and transport security plans

The role of an approved assessor is to—

(a)assess a security plan or transport security plan to determine whether—

(i)the plan meets the requirements set out in section 67C or 67H (as the case requires); and

(ii)the plan meets the standards specified by the Secretary under section 67N; and

(b)issue security compliance certificates in respect of security plans and transport security plans if the relevant plans meet the specified standards.

36BApproved assessor must comply with conditions of assessor's approval

(1)An approved assessor must not knowingly, recklessly or negligently fail to comply with every condition of his or her assessor's approval.

Penalty:600 penalty units.

Note

The Secretary may impose conditions on an assessor's approval under section 47.

(2)An offence under this section is an indictable offence.

36COnly approved assessors who hold assessor's approvals that are in force may issue security compliance certificates

A person must not issue a security compliance certificate in relation to a security plan or a transport security plan unless he or she holds an assessor's approval that is in force.

Penalty:60 penalty units.

36DOffence to impersonate approved assessor

A person must not directly or indirectly represent that he or she is an approved assessor unless the person is an approved assessor.

Penalty:60 penalty units.

36EApproved assessor must not knowingly issue a security compliance certificate that is false

(1)An approved assessor must not knowingly issue a security compliance certificate knowing that it is false or misleading in a material particular.

Penalty:600 penalty units.

(2)An offence under this section is an indictable offence.

PART 6—AUTHORITIES UNDER THE ACT

Division 1—Issue of authorities

37Who may apply for an authority?

(1)Any person may apply to the Secretary for—

(a)a management licence; or

(b)a facility construction licence.

(2)Only a natural person may apply to the Secretary for—

(a)a use licence; or

(b)a tester's approval; or

(c)an assessor's approval.

38Form of application

An application for an authority must—

(a)be in a form approved by the Secretary; and

(b)set out which authority is being applied for; and

(c)be accompanied by—

(i)any information required by the Secretary that relates to the authority; and

(ii)the prescribed fee (if any).

39Further information for management licence applications

(1)An application under section 37 for a management licence must also include—

(a)a description of the proposed radiation practice that will be conducted; and

(b)information (as determined by the Secretary) about the radiation sources or kinds of radiation sources in relation to which the applicant will conduct a radiation practice; and

(c)if the radiation practice to be conducted includes possession of a high consequence sealed source or high consequence group of sealed sources—

(i)a copy of an approved security plan and security compliance certificate issued by an approved assessor for that source or group of sealed sources; and

(ii)if the applicant is a natural person, evidence of the person's identity; and

(iii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of a high consequence sealed source or high consequence group of sealed sources under the licence; and

(d)if the radiation practice to be conducted includes transport of a high consequence sealed source or high consequence group of sealed sources—

(i)if the applicant is a natural person, evidence of the person's identity; and

(ii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of a high consequence sealed source or high consequence group of sealed sources under the licence.

(2)Evidence of the person's identity that is required under subsection (1)(c) or (1)(d) must be in accordance with the guidelines prepared under section 67A.

40Further information for use licence applications

An application under section 37 for a use licence must also include—

(a)information (as determined by the Secretary) about—

(i)the radiation sources or kinds of radiation sources the applicant will use; and

(ii)the purpose for which the radiation sources or kinds of radiation sources will be used; and

(b)evidence of the applicant's qualifications (if any) that may be relevant to the proposed use of a radiation source.

41Further information for facility construction licence applications

(1)An application under section 37 for a facility construction licence must also—

(a)include—

(i)a description of the radiation facility to be constructed or used; and

(ii)a description of the location where the proposed radiation facility is to be constructed or used; and

(iii)a description of every radiation practice that will be conducted at the proposed radiation facility; and

(iv)information (as determined by the Secretary) about the radiation sources or kinds of radiation sources in relation to which a radiation practice will be conducted at the proposed radiation facility; and

(b)in the case of a radiation facility to be constructed on land owned or occupied by a person other than the applicant, be accompanied by evidence of the written consent of the owner or occupier of the land on which the proposed radiation facility will be constructed for the construction of that facility; and

(c)in the case of land to be used for, or a building that is to be used as, a radiation facility that is owned or occupied by a person other than the applicant, be accompanied by written evidence of the consent of the owner or occupier of the land or building proposed to be used as a radiation facility for that facility; and

(d)in the case of a radiation facility to be constructed or used that will house a high consequence sealed source or high consequence group of sealed sources—

(i)a copy of an approved security plan and security compliance certificate issued by an approved assessor for that sealed source or group of sealed sources; and

(ii)if the applicant is a natural person, evidence of the person's identity; and

(iii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed sources under the licence.

(2)Evidence of the person's identity that is required under subsection (1)(d)(ii) or (iii) must be in accordance with the guidelines prepared under section 67A.

42Further information for a tester's approval application

An application under section 37 for a tester's approval must also include evidence of the applicant's qualifications (if any) that may be relevant to an approved tester carrying out his or her duties under this Act or the regulations.

42AFurther information for an assessor's approval

An application under section 37 for an assessor's approval must also include evidence of the applicant's qualifications (if any) that may be relevant to an approved assessor carrying out his or her duties under this Act or the regulations.

43Consideration of application for and issue of authority

(1)Subject to this section and sections 44 to 46, on receipt of an application under section 37, the Secretary may issue an authority to the applicant.

(2)The Secretary may refuse to issue an authority if—

(a)the Secretary considers that the applicant is not a fit and proper person to hold the authority; or

(b)in the case of an application for a licence, the Secretary considers that—

(i)it is necessary to do so in the interests of the health or safety of persons or the safety of the environment; or

(ii)the application does not comply with the requirements of this Division; or

(iii)the proposed radiation practice or use described in the application is inappropriate or not justified.

(3)If the Secretary refuses to issue an authority, the Secretary must—

(a)notify the applicant—

(i)of his or her refusal; and

(ii)about how the applicant may seek review of the Secretary's decision; and

(b)give the applicant a statement of reasons for refusing to issue the authority.

(4)A notification under subsection (3)(a) and a statement of reasons given under subsection (3)(b) must be—

(a)in writing; and

(b)given to the applicant within 14 days of the Secretary deciding to refuse the application.

44Further considerations in relation to use licence applications

(1)Without limiting section 43(2)(a), in considering whether an applicant for a use licence is a fit and proper person to hold a use licence, the Secretary may have regard to—

(a)information about the applicant given to the Secretary by a relevant practitioner registration board under section 45; and

(b)the qualifications (if any) of the applicant and the relevance of those qualifications to the proposed use described in the application.

(2)In this section—

relevant practitioner registration board means, in relation to an applicant for a use licence who is or was—

(a)registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;

(b)a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997—the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.

45Requests for certain information from a relevant health practitioner board about an applicant

(1)The Secretary may request information about an applicant for a use licence from a relevant practitioner registration board for the purpose of determining whether the applicant is a fit and proper person to hold a use licence.

(2)A relevant practitioner registration board may, on receiving a request under subsection (1), disclose to the Secretary information about the applicant obtained by the board under the Act under which the board is established.

(3)In this section—

relevant practitioner registration board has the same meaning as in section 44(2).

46Further considerations in relation to a tester's approval application

Without limiting section 43(2)(a), in considering whether an applicant for a tester's approval is a fit and proper person to hold a tester's approval, the Secretary may have regard to the qualifications (if any) of the applicant and the relevance of those qualifications to the duties of an approved tester under this Act or the regulations.

47Conditions of authority

(1)An authority is subject to any conditions that the Secretary considers appropriate.

(2)Without limiting subsection (1), an authority may be subject to a condition requiring the authority holder to comply with—

(a)a document, code, standard, guideline, rule, specification or method applied, adopted or incorporated by the NDRP at the time the authority is issued; or

(b)a code, standard or guideline not referred to in paragraph (a) as in force at the time the authority is issued relating to the protection of human health or the environment from the harmful effects of radiation; or

(c)any matter that the Secretary considers the authority holder must comply with in order to protect human health or the environment from the harmful effects of radiation.

(3)A code, standard or guideline referred to in subsection (2)(b) may be a code, standard or guideline formulated, issued, prepared, prescribed or published by any person or body.

48Period and date of expiry of authority

(1)An authority—

(a)may be issued by the Secretary for a period not exceeding 3 years that is specified in the authority; and

(b)expires on the date specified in the authority.

(2)However, the Secretary may, in accordance with Division 3, cancel or suspend an authority before the period specified in the authority expires.

49When authority takes effect

(1)An authority takes effect on—

(a)the day on which it is issued by the Secretary; or

(b)a date specified in the authority.

(2)The date specified in the authority must not be a date before the day on which the authority is issued by the Secretary.

50Content of authority

(1)An authority issued under section 43 must—

(a)set out the name of the authority holder; and

(b)specify the period the authority is in force and the date the authority expires; and

(c)include the conditions of the authority; and

(d)include any other information the Secretary considers appropriate.

(2)A management licence issued under section 43 must also—

(a)describe the radiation practice allowed to be conducted under the licence; and

(b)identify and describe every radiation source or kinds of radiation sources in relation to which the management licence holder will conduct a radiation practice under the licence.

(3)A use licence issued under section 43 must also—

(a)describe the use allowed under the licence; and

(b)identify or describe—

(i)every kind of radiation source that the use licence holder may use under the licence; or

(ii)the purpose for which a radiation source identified or described in the licence may be used.

Division 2—Renewal of authorities

51Application for renewal of authority

(1)An authority holder may apply to the Secretary for the renewal of their authority.

(2)An application may be made—

(a)before the authority expires; or

(b)despite anything to the contrary in an authority, within 60 days after the authority expires.

(3)The application must be—

(a)in the form approved by the Secretary; and

(b)accompanied by—

(i)any information required by the Secretary that relates to the authority; and

(ii)the prescribed fee (if any).

(4)If there is a prescribed fee that must be paid for an application made within 60 days after the authority expires (a late application), that prescribed fee must be the same as the prescribed fee that must be paid for an authority that is renewed—

(a)on an application that is made before that authority expired; and

(b)with the same date of expiry as specified in the authority that is renewed on the late application.

(5)If the application is made before the authority expires, then despite anything to the contrary in the authority, the authority continues in force until the Secretary renews the authority or refuses to renew the authority under section 52.

52Consideration of application for and issue of renewal of authority

(1)In considering an application for the renewal of an authority, the Secretary must renew the authority, unless, having regard to the information accompanying the application, there are good reasons not to do so.

(2)If the Secretary renews an authority on an application made before the authority expires, the authority must be taken to have been renewed on the day on which the current authority was due to expire, and must be dated accordingly.

(3)If the Secretary renews an authority on an application made within 60 days after the authority expires, the authority must be taken—

(a)to have been renewed on the day the Secretary renewed the authority; and

(b)not to have been in force between the expiry of the authority and the renewal of the authority.

(4)If the Secretary refuses to renew an authority, the Secretary must—

(a)notify the applicant—

(i)of his or her decision; and

(ii)about how the applicant may seek review of the Secretary's decision; and

(b)give the applicant a statement of reasons for refusing to renew the authority.

(5)A notification under subsection (4)(a) and a statement of reasons given under subsection (4)(b) must be—

(a)in writing; and

(b)given to the applicant within 14 days of the Secretary deciding to refuse the application.

53Period and date of expiry of renewed authority

(1)An authority that is renewed under this Division—

(a)may be renewed by the Secretary for a period not exceeding 3 years that is specified in the authority; and

(b)expires on the date specified in the authority.

(2)However, the Secretary may, in accordance with Division 3, cancel or suspend the authority before the period specified in the authority expires.

54Conditions of renewed authority

Section 47 applies to an authority renewed under this Division as if it were an authority issued under Division 1.

55Content of renewed authority

Section 50 applies to an authority renewed under this Division as if it were an authority issued under Division 1.

Division 3—Suspension and cancellation of authorities

56Suspension or cancellation of authority

The Secretary may suspend or cancel an authority under this Division—

(a)if the Secretary reasonably believes any one of the following grounds exists—

(i)the authority holder is no longer a fit and proper person to hold the authority; or

(ii)the authority was issued to the authority holder or renewed on the basis of information that was false and misleading in a material particular; or

(iii)the authority holder has breached a condition of their authority; or

(iv)the authority holder has not complied with a provision of this Act or the regulations; or

(v)there is a risk to the health or safety of persons or the safety of the environment if the authority is not suspended or cancelled; or

(vi)the authority holder no longer meets the requirements that the Secretary considered in issuing or renewing the authority (as the case requires); or

(b)by agreement between the Secretary and the authority holder.

57Show cause notice

(1)On forming a belief that a ground specified in section 56(a) exists, the Secretary must give an authority holder written notice stating the following—

(a)the action the Secretary proposes taking under this Division; and

(b)the grounds for the proposed action; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the authority, the proposed suspension period; and

(e)an invitation to the holder to show cause, within a period specified in the notice, why the proposed action should not be taken.

(2)For the purposes of subsection (1)(e), the period specified in the notice must not be less than 28 days commencing on the day the notice is given to the authority holder.

58Representations about show cause notices

If the authority holder receives a notice under section 57(1), the holder may make written representations to the Secretary in the period specified in that notice showing cause why the authority should not be suspended or cancelled.

59Ending show cause process without further action

(1)If, after considering all representations made under section 58, the Secretary no longer believes a ground exists to suspend or cancel the authority, the Secretary—

(a)may not suspend or cancel the authority; and

(b)must, as soon as practicable, give notice to the authority holder stating that the authority will not be suspended or cancelled.

(2)A notice given under subsection (1)(b) must be in writing.

60Suspension or cancellation

(1)If, after considering any representations made under section 58, the Secretary believes that a ground exists to suspend or cancel the authority and that a suspension or cancellation of the authority is warranted, the Secretary may—

(a)if the proposed action stated in the show cause notice under section 57(1) was to suspend the authority for a period specified in the show cause notice, decide to suspend the authority for not longer than the stated period; or

(b)if the proposed action stated in the show cause notice was to cancel the authority, decide to either cancel the authority or suspend it for a period.

(2)On suspending or cancelling an authority under subsection (1), the Secretary must—

(a)notify the authority holder and the relevant practitioner registration board or National Board that registered the authority holder of—

(i)the decision to suspend or cancel the authority; and

(ii)the day on which the suspension or cancellation is to take effect; and

(b)notify the authority holder about how the authority holder may seek review of the Secretary's decision; and

(c)give the authority holder a statement of reasons for the suspension or cancellation of the authority.

(3)A notification to the authority holder under subsection (2)(a) and (b) and a statement of reasons under subsection (2)(c) must be—

(a)in writing; and

(b)given to the authority holder as soon as practicable after the authority holder's authority is suspended or cancelled.

(4)The day on which a suspension or cancellation takes effect may be—

(a)the day on which the authority holder is notified under subsection (2); or

(b)a later day the authority holder is notified of under that subsection.

(5)In this section—

relevant practitioner registration board means, in relation to an authority holder who is—

(a)registered to practise a health profession other than as a student by a National Board under the Health Practitioner Regulation National Law—the National Board that registered that person;

(b)a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997—the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act.

61Return of cancelled authority to Secretary

If the Secretary cancels an authority, the authority holder must return the authority to the Secretary within 14 days after being notified under section 60(2)(a) unless the holder has a reasonable excuse.

Penalty:20 penalty units.

62Immediate suspension of authority in urgent circumstances

(1)In this section, urgent circumstances exist if a ground exists to suspend or cancel an authority and it is necessary, to protect the health or safety of persons or the environment from the harmful effects of radiation, to immediately suspend the authority until the suspension or cancellation procedure under sections 57 to 60 is completed.

(2)If the Secretary is satisfied that urgent circumstances exist in respect of an authority, he or she may decide to immediately suspend the authority.

(3)On suspending an authority under subsection (2), the Secretary must—

(a)notify the authority holder and the relevant practitioner registration board of the immediate suspension; and

(b)notify the authority holder about how the authority holder may seek review of the Secretary's decision; and

(c)give the authority holder a statement of reasons for the immediate suspension.

(4)A notification to the authority holder under subsection (3)(a) and (b) and a statement of reasons under subsection (3)(c) must be—

(a)in writing; and

(b)given to the authority holder as soon as practicable after the authority holder's authority is suspended.

(5)A suspension under subsection (2) takes effect when the authority holder is notified under subsection (3)(a) of the decision to immediately suspend the authority.

(6)If the Secretary gives the authority holder a show cause notice under section 57(1) within 14 days after the Secretary suspends an authority under this section, the suspension remains in force until the first of the following occurs—

(a)the Secretary cancels the suspension;

(b)a decision under section 60 to cancel or suspend the authority takes effect;

(c)a decision under section 59 is made not to cancel or suspend the authority.

(7)If a show cause notice under section 57(1) is not given to an authority holder within the period referred to in subsection (6), the suspension lapses at the end of that period unless the Secretary has already cancelled the suspension.

(8)In this section—

relevant practitioner registration board has the same meaning as in section 60(5).

63Effect of suspension on authorities

(1)A management licence is deemed to not be in force for the purposes of section 12 while it is suspended but the suspension does not affect the licence for any other purposes.

(2)A use licence is deemed to not be in force for the purposes of section 13 while it is suspended but the suspension does not affect the licence for any other purposes.

(3)A facility construction licence is deemed to not be in force for the purposes of section 14 while it is suspended but the suspension does not affect the licence for any other purposes.

(4)A tester's approval is deemed to not be in force for the purposes of section 13 or 27 while it is suspended but the suspension does not affect the tester's approval for any other purposes.

Division 4—Other actions in relation to authorities

64Transfer of management licence or facility construction licence

(1)A management licence holder or a facility construction licence holder may apply to the Secretary for approval to transfer their licence to another person.

(2)An application under this section must be—

(a)in a form approved by the Secretary; and

(b)accompanied by—

(i)any information required by the Secretary; and

135Secretary to notify CEO of ARPANSA of prescribed radiation incidents

The Secretary, on becoming aware of a prescribed radiation incident, must notify the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth of that incident.

Division 7—Miscellaneous

136Disclosure of information to other agencies

(1)The Secretary may disclose information that he or she, or an authorised officer, collects or is given under this Act or the regulations to—

(a)the Health Complaints Commissioner appointed under the Health Complaints Act 2016;

(b)a National Board established under Part 5 of the Health Practitioner Regulation National Law or the Veterinary Practitioners Board of Victoria established under Part 6 of the Veterinary Practice Act 1997;

(c)the Health Insurance Commission established by section 4 of the Health Insurance Commission Act 1974 of the Commonwealth;

(d)the Environment Protection Authority continued by section 356 of the Environment Protection Act 2017;

(e)the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013;

(ea)Victoria Police;

(f)the Secretary to the Department of Primary Industries;

(g)the Secretary to the Department of Sustainability and Environment;

(ga)the Australian Security Intelligence Organisation and other Australian intelligence agencies;

(h)a person or body established under a law of another jurisdiction that has functions or powers that correspond to the functions or powers of the Secretary under this Act or a person or body referred to in paragraphs (a) to (e);

(i)a person or body established under a law of another jurisdiction that has functions or powers relating to radiation safety (other than a person or body referred to in paragraphs (a) to (e) and (h)).

(2)The Secretary may only disclose information in accordance with this section for the purpose of—

(a)fulfilling his or her functions under this Act or the regulations;

(b)assisting a person or body referred to in subsection (1)(a) to (i) to fulfil their functions.

*                *                *                *                *

137Secretary and authorised officers need not be licensed to exercise powers or perform duties

The Secretary, or an authorised officer, are not required to hold any authority to exercise any power or perform any duty under this Act or the regulations.

137AService of notices, orders and other documents

(1)Any notice, order or other document under this Act or the regulations required or authorised to be given or served to or upon any person may be served by—

(a)giving it or serving it personally on the person; or

(b)sending it by post or electronic communication to the person at that person's usual or last known place of residence or business; or

(c)leaving it at that person's usual or last known place of residence with a person on the premises who is apparently at least 16 years old; or

(d)leaving it at that person's usual or last known place of business with a person who is apparently employed at the premises and who is apparently at least 16 years old.

(2)This section is in addition to, and not in derogation from, sections 109X and 601CX of the Corporations Act.

(3)If a notice, order or other document is addressed to the owner or occupier of premises, the notice, order or other document may be served by—

(a)delivering the notice, order or other document or a true copy to a person on the premises who is apparently at least 16 years old; or

(b)if there is no person on the premises who can be so served by fixing the notice, order or other document on some conspicuous part of the premises.

(4)If a notice, order or other document is required to be given to or served on a person whose name and address are unknown, the notice, order or other document may be served by publishing the notice, order or other document in—

(a)the Government Gazette; and

(b)a newspaper generally circulating in Victoria 3 times at intervals of not less than one week between any 2 publications.

(5)Any notice, order or other document required to be given to or served on the owner or occupier of any premises may if the name of the owner or occupier is not known be addressed to the owner or occupier by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice, order or other document is given without further name or description.

(6)If there are more owners or occupiers than one it is sufficient if the notice, order or other document is served on any one of them and the name of any one of them is specified with the addition of the words "and others".

(7)Non-service on the owner does not affect the validity of service on the occupier.

(8)Non-service on the occupier does not affect the validity of service on the owner.

(9)Instead of attending at any proceedings under this Act or the regulations, a person who gives or serves any notice, order or other document under this Act or the regulations may make an affidavit that—

(a)identifies and is endorsed on, or attached to a true copy of the original notice, order or other document; and

(b)states the time and manner in which the original notice, order or other document was given or served.

(10)A document purporting to be an affidavit under subsection (9) is to be received in any proceedings and is evidence of the statements contained in the document.

138Register

(1)The Secretary must establish and maintain a register of—

(a)declarations made under section 4; and

(b)exemptions granted under section 16; and

(c)authorities issued or renewed under Divisions 1 or 2 of Part 6; and

(d)authorities suspended or cancelled under Division 3 of Part 6; and

(e)facility construction licences and management licences transferred under Division 4 of Part 6; and

(f)authorities that have been varied and the variations of conditions of authorities under Division 4 of Part 6; and

(g)authorities surrendered under Division 4 of Part 6.

(2)The register must contain the information that is prescribed.

(3)The Secretary may publish and maintain on the Internet any one or more of the following things from the register—

(a)the name of a use licence holder;

(b)the number assigned to a use licence holder for the purpose of the register;

(c)the date on which a use licence expires;

(d)the description of the use allowed under a use licence;

(e)the identity or description, as the case requires, of—

(i)every kind of radiation source that may be used under a use licence; or

(ii)the purpose for which a radiation source identified or described in a use licence may be used;

(f)if a use licence is suspended, the date of suspension;

(g)if a use licence has been cancelled, the date of cancellation;

(h)if a use licence has expired, the date of expiry.

(4)The Secretary may only publish and maintain on the Internet—

(a)a date of cancellation of a use licence referred to in subsection (3)(g) for a period of 12 months after the date of cancellation;

(b)a date of expiry of a use licence referred to in subsection (3)(h) for a period of 3 months after the date of expiry.

139Regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)the matters or things contained in the NDRP;

(b)the prescription of a facility as a radiation facility;

(c)requiring authority holders and persons who were authority holders to keep information or records specified by the regulations—

(i)in a specified manner or form specified by the regulations; and

(ii)for periods of time specified by the regulations;

(d)requiring authority holders and persons who were authority holders to give information or records specified by the regulations to the Secretary;

(da)requiring a management licence holder to keep records of—

(i)the names of the persons whose identity the licence holder has verified for the purpose of section 23A, 23B or 23C; and

(ii)the identification documents used for that purpose;

(e)radiation dose limits that may be received by a person;

(f)regulating the transportation and storage of radiation sources;

(g)regulating the securing and sealing of radiation sources;

(h)regulating the disposal and destruction of radiation sources;

(i)regulating the personal monitoring of persons exposed or likely to be exposed to radiation emitted from a radiation source;

(j)regulating the supply and use of personal monitoring devices;

(k)giving the Secretary access to records relating to personal monitoring or exposure to radiation emitted from a radiation source;

(l)the examination, testing, analysis, maintenance, repair and labelling of radiation sources;

(m)regulating the supply of protective clothing or equipment or the use of protective clothing or equipment in the vicinity of a radiation source;

(n)regulating the use of radiation sources or exposure to radiation emitted from radiation sources;

(o)prescribing action to be taken in circumstances where—

(i)a person has been subject to an excessive dose of radiation emitted from a radiation source;

(ii)there has been contamination of a place by the emission of radiation from a radiation source;

(p)generally protecting persons from the effects caused by or relating to radiation emitted from a radiation source, including—

(i)safeguarding the health of persons at a place, or in the vicinity of a place, where there is a radiation source;

(ii)requiring special facilities, equipment and radiation safety precautions to be adopted or implemented at a place where there is a radiation source;

(q)regulating the use of equipment that is ancillary to a radiation source;

(r)radiation safety officers, including their appointment, functions, duties and qualifications;

(s)the surrender or delivery to the Secretary of a radiation source and the circumstances of that surrender or delivery;

(t)information to be given to the Secretary about radiation incidents;

(u)the date of expiry of certificates of compliance;

(v)the imposition of duties on approved testers;

(w)fees for the purposes of this Act and the refund or waiver of such fees;

(x)any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

(2)The regulations may—

(a)be of general or of limited application; and

(b)differ according to differences in time, place or circumstance; and

(c)apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(iii)as formulated, issued, prescribed or published from time to time; and

(d)confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(e)provide in a specified case or class of case for the exemption of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

(f)if this section authorises or requires regulations that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing;

(g)impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

(3)A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)the payment of fees either generally or under specified conditions or in specified circumstances;

(c)the reduction, waiver or refund, in whole or in part, of the fees.

(4)A fee imposed by the regulations in relation to the issue or renewal of an authority may be more than the amount that is related to the cost of providing a service in relation to the issue or renewal of the authority.

(5)If under subsection (3)(c) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—

(a)in respect of certain authorities or classes of authorities; or

(b)when an event happens; or

(c)in respect of certain persons or classes of persons; or

(d)in respect of any combination of such authorities, events or persons—

and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body.

PART 12—SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS

*                *                *                *                *

Division 2—Savings and transitionals

146Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions

Despite the Subordinate Legislation Act 1994, the Health (Radiation Safety) Regulations 1994, as in force immediately before the commencement of this section, continue until the commencement of section 140.

147Other savings and transitional matters

The Schedule has effect.

148Radiation Amendment Act 2013—transitional provision—security plans and transport security plans

(1)Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was licensed to possess, or possess and transport, one or more high consequence sealed sources or high consequence group of sealed sources until 12 months after that commencement date.

(2)Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was licensed to transport one or more high consequence sealed sources or high consequence group of sealed sources until 6 months after that commencement date.

149Radiation Amendment Act 2013—transitional provision—commercial tanning units

(1)On and from the commencement of section 11 of the Radiation Amendment Act 2013, the Secretary must cancel a management licence authorising the conduct of a radiation practice involving a tanning unit.

(2)On the cancellation of a management licence under subsection (1), the former holder of that licence is entitled to a refund of any amount paid for the licence that is for a period after that cancellation.

SCHEDULE

Section 147

Savings and transitionals

Part 1—Introduction

1Definitions

In this Schedule—

commencement day means 1 September 2007;

new RAC means the Committee;

old RAC means the Radiation Advisory Committee appointed under section 108AK of the Health Act 1958;

old radiation provisions means sections 108AA to 108AK of the Health Act 1958 (as in force immediately before the commencement day);

old regulations means the Health (Radiation Safety) Regulations 1994;

operator licence has the same meaning as in the old regulations.

2General transitional provision

Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

3Savings and transitional regulations

The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of the old radiation provisions.

Part 2—The Radiation Advisory Committee

4Old RAC abolished

On the commencement day, the old RAC is abolished and its members go out of office as members.

5The old RAC members become members of new RAC

(1)On the commencement day each person who, immediately before that day was a member of the old RAC, becomes a member of the new RAC.

(2)A person referred to in subclause (1)—

(a)holds office as a member of the new RAC for the balance of the term of his or her appointment to the old RAC;

(b)holds office as a member of the new RAC on the same terms and conditions as applied to his or her appointment to the old RAC, but may resign or be removed in accordance with Part 10;

(c)is eligible for re-appointment to the new RAC at the expiry of his or her term.

6Matters and things commenced by old RAC but not completed before its abolition

On the commencement day the new RAC may continue or complete any matter or thing commenced by the old RAC as if that matter or thing were commenced by the new RAC under Part 10.

7Annual report

If, before the commencement day, the old RAC had not made its report on its activities under section 108AK(10) of the Health Act 1958, the new RAC must make a report on those activities under section 110 as if the activities of the old RAC were the activities of the new RAC.

Part 3—Licences

8Operator licences converted to use licences

On the commencement day, an operator licence issued under section 108AF(2) of the old radiation provisions in force immediately before that day is deemed to be a use licence—

(a)subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the operator licence that are not inconsistent with this Act or the regulations; and

(b)with the same date of expiry as the date of expiry of the operator licence.

9Other licences converted to management licences

Subject to clause 11, on the commencement day, a licence issued under section 108AF(2) of the old radiation provisions and referred to in regulation 12 of the old regulations in force immediately before the commencement day is deemed to be a management licence—

(a)subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the relevant licence issued under that section that are not inconsistent with this Act or the regulations; and

(b)with the same date of expiry as the date of expiry of the relevant licence issued under that section.

10Certain registrations converted to management licences

(1)Subject to clause 11, on the commencement day, every person in whose name a sealed radio-active source is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a sealed source that is the same as that sealed radio-active source.

(2)A management licence deemed to be issued under subclause (1) is deemed to—

(a)be subject to conditions that are the same as only those conditions that applied to the registration of the sealed radio-active source that are not inconsistent with this Act or the regulations; and

(b)have the same date of expiry as the date of expiry for the registration of the sealed radio-active source.

(3)Subject to clause 11, on the commencement day, every person in whose name an ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess an ionising radiation apparatus that is the same as that ionizing radiation apparatus.

(4)A management licence deemed to be issued under subclause (3) is deemed to—

(a)be subject to conditions that are the same as only those conditions that applied to the registration of the ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and

(b)have the same date of expiry as the date of expiry for the registration of the ionizing radiation apparatus.

(5)Subject to clause 11, on the commencement day, every person in whose name a non-ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a non-ionising radiation apparatus that is the same as that non-ionizing radiation apparatus.

(6)A management licence deemed to be issued under subclause (5) is deemed to—

(a)be subject to conditions that are the same as only those conditions that applied to the registration of the non-ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and

(b)have the same date of expiry as the date of expiry for the registration of the non-ionizing radiation apparatus.

(7)In this clause—

ionizing radiation apparatus, non-ionizing radiation apparatus and sealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.

11Secretary may consolidate two or more management licences

(1)Subject to this clause, if, because of clause 9 or 10, a person holds 2 or more management licences, the Secretary may cancel those licences and issue one management licence to the person that allows the person to conduct the radiation practices allowed to be conducted under the cancelled licences.

(2)Division 3 of Part 6 of this Act does not apply to the cancellation of a management licence under this clause.

(3)Division 1 of Part 6 (other than sections 38(c)(ii), 43(2) and 48) applies to the issue of a management licence under this clause as if the management licence had been issued on an application under that Division.

(4)The date of expiry of a management licence issued under this clause is the latest date a cancelled licence would have expired but for the cancellation of that licence under this clause.

12Pending licence and registration application decisions at the time of the commencement of this Act

(1)On the commencement day—

(a)every application under section 108AF of the old radiation provisions for an operator licence in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a use licence and must be dealt with by the Secretary as if it were an application made under section 37;

(b)every application under section 108AF of the old radiation provisions for a licence referred to in regulation 12 of the old regulations in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a management licence and must be dealt with by the Secretary as if it were an application made under section 37;

(c)every application under section 108AE of the old radiation provisions for the registration of a relevant apparatus or source in respect of which the Secretary has not made a decision whether to register the relevant apparatus or source, is deemed to be an application under section 37 for a management licence to possess the relevant apparatus or source and must be dealt with by the Secretary as if it were an application made under section 37.

(2)In this clause—

relevant apparatus or source means an ionizing radiation apparatus, a non-ionizing radiation apparatus of a prescribed class prescribed under the old regulations or a sealed radio-active source;

ionizing radiation apparatus, non-ionizing radiation apparatus and sealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.

Part 4—Other

13Certain references in Acts, instruments and other documents to be reconstrued

(1)Unless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act (other than this Act) or in any other document of any kind—

(a)a reference to Division 2AA of Part 5 of the Health Act 1958 (as in force immediately before the commencement day) is to be taken to be a reference to the Radiation Act 2005;

(b)a reference to a radio-active substance is to be taken to be a reference to radioactive material;

(c)a reference to a radiation apparatus (within the meaning of section 108AB of the old radiation provisions) is to be taken to be a reference to a radiation apparatus within the meaning of this Act;

(d)a reference to an ionizing radiation apparatus is to be taken to be a reference to an ionising radiation apparatus;

(e)a reference to a non-ionizing radiation apparatus of a prescribed class is to be taken to be a reference to a non-ionising radiation apparatus;

(f)a reference to an unsealed radio-active source is to be taken to be a reference to radioactive material that is not a sealed source;

(g)a reference to a sealed radio-active source is to be taken to be a reference to a sealed source;

(h)a licence issued under the old radiation provisions is to be taken to be a reference to a licence issued under this Act;

(i)a reference to an exemption under the old radiation provisions is to be taken to be a reference to an exemption under section 16.

(2)In this clause—

ionizing radiation apparatus, non-ionizing radiation apparatus, radio-active substance, sealed radio-active source and unsealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 11 August 2005

Legislative Council: 8 September 2005

The long title for the Bill for this Act was "to protect the health and safety of persons and the environment from the harmful effects of radiation, to make consequential amendments to the Health Act 1958, the Dangerous Goods Act 1985, the Environment Protection Act 1970, the Magistrates' Court Act 1989, the Nuclear Activities (Prohibitions) Act 1983, the Road Transport (Dangerous Goods) Act 1995 and for other purposes."

The Radiation Act 2005 was assented to on 20 September 2005 and came into operation as follows:

Sections 1, 2 and 146 on 21 September 2005: section 2(1); rest of Act on 1 September 2007: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Radiation Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 42) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 33) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 41) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 91) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 266 on 1.1.09: Special Gazette (No. 365) 12.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Dangerous Goods Amendment (Transport) Act 2008, No. 66/2008

Assent Date:	18.11.08
Commencement Date:	S. 33 on 1.1.09: Government Gazette 18.12.08 p. 2998
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 100) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 45) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Radiation Amendment Act 2010, No. 24/2010

Assent Date:	1.6.10
Commencement Date:	Ss 4–9 on 13.7.10: Government Gazette 8.7.10 p. 1518
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 67 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 78) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:	29.5.12
Commencement Date:	Ss 23–25 on 1.7.12: s. 2
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Radiation Amendment Act 2013, No. 59/2013

Assent Date:	22.10.13
Commencement Date:	Ss 4–10, 12–25 on 1.6.14: s. 2(3); ss 11, 26 on 1.1.15: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 30) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 140) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Radiation Act 2005

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 244 on 1.2.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 105) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Radiation Act 2005

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 52 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

Health Legislation Amendment (Regulatory Reform) Act 2024, No. 39/2024

Assent Date:	29.10.24
Commencement Date:	Ss 106–109 on 1.3.25: Special Gazette (No. 700) 17.12.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Radiation Act 2005

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

No entries at date of publication.