Radiation Control Act 1990 Radiation Control Amendment Regulation 2000 (2000-18) [GG No 3 of 14.1.2000, p 178] (NSW)

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2000 No 18

New South Wales

Radiation Control Amendment

Regulation 2000

under the

Radiation Control Act 1990

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Radiation Control Act 1990.

BOB DEBUS, M.P.,

Minister for the Environment

Explanatory note

The object of this Regulation is to amend the Radiation Control Regulation 1993 as follows:

(a)

to prescribe certain radiation apparatus as apparatus that must be registered and that is subject to other requirements under the Radiation Control Act 1990,

(b)

to prescribe requirements for registered radiation apparatus as the requirements specified in certain documents published by the Environment Protection Authority in the Gazette,

(c)

to extend the exemptions from licensing requirements relating to radioactive substances and radiation apparatus to certain medical registrars, medical interns and registered nurses working at a hospital,

(d)

to remove a mandatory licence condition that nuclear medicine technologists must work under close supervision when carrying out certain procedures,

(e)

to extend the range of activities prescribed as the activities of a consulting radiation expert,

Published in Gazette No 3 of 14 January 2000, page 178

Page 1

[8]

2000 No 18

Radiation Control Amendment Regulation 2000

Explanatory note

(f)

to clarify that a reference to a prescribed treatment dose, in relation to events that are taken to be radiation accidents, is a reference to the total prescribed treatment dose and not to any one of the fractions of the dose that may be delivered at different times,

(g)

to extend the period of time after an apparent radiation accident occurs within which an employer is required to notify the Director-General of the Environment Protection Authority of the particulars of the event,

(h)

to replace certain references to “sealed radioactive sources” with references to “radioactive substances” in the exemptions from licensing requirements for radioactive substances, and to make another minor change in terminology.

This Regulation is made under the Radiation Control Act 1990, including sections

7 (1) and (5), 9 (1), 39 and 40 (the general regulation-making power).

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2000 No 18

Radiation Control Amendment Regulation 2000

Clause 1

Radiation Control Amendment Regulation 2000

1     Name of Regulation

This Regulation is the Radiation Control Amendment Regulation 2000.

2 Commencement

This Regulation commences on 11 February 2000.

3 Amendment of Radiation Control Regulation 1993

The Radiation Control Regulation 1993 is amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

2000 No 18

Radiation Control Amendment Regulation 2000

Schedule 1

Amendments

Schedule 1

Amendments

(Clause 3)

[1]     Clause 3 Definitions

Insert in appropriate order in clause 3 (1):

Dentistry Radiation Guideline means the document published by the Environment Protection Authority entitled “Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 3 Dentistry (including maxillofacial)”and published in the Gazette on 11 February 2000.

Fluoroscopy and Radiography Radiation Guideline means the document published by the Environment Protection Authority entitled “Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 2 Fluoroscopy and Radiography” and published in the Gazette on 11 February 2000.

Mammography Radiation Guideline means the document published by the Environment Protection Authority entitled “Radiation Guideline 6: Registration requirements & industry

best practice for ionising radiation apparatus used in diagnostic imaging—Part 1 Mammography” and published in the Gazette on 11 February 2000.

Tomography and Bone Mineral Densitometry Radiation Guideline means the document published by the Environment Protection Authority entitled “Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 5 Computed Tomography and Bone Mineral Densitometry” and published in the Gazette on 11 February 2000.

Veterinary Radiation Guideline means the document published by the Environment Protection Authority entitled “Radiation Guideline 6: Registration requirements & industry

best practice for ionising radiation apparatus used in diagnostic imaging—Part 4 Veterinary Science” and published in the Gazette on 11 February 2000.

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2000 No 18

Radiation Control Amendment Regulation 2000

Amendments

Schedule 1

[2]     Clause 3 (3)

Insert after clause 3 (2):

(3)

Notes in the text of this Regulation do not form part of this

Regulation.

[3]     Clause 8 Exemptions from sec 6 licensing requirements for certain persons

Insert “, ophthalmology, dermatology, rheumatology” after “radiation oncology” in clause 8 (1) (a).

[4]     Clause 8 (1)

Insert after clause 8 (1) (e):

(f)

a person who is a registered nurse at a hospital or a medical officer at a hospital and is required to inject radiopharmaceuticals by that hospital (but only if a person who is the holder of a licence and who is able to inject the radiopharmaceuticals is not readily available at the hospital).

[5]     Clause 8 (6) (e)

Insert “or (f)” after “subclause (1) (e)” in clause 8 (6) (e).

[6]     Clause 9 Supervision of certain licensees

Omit the clause.

[7]     Clauses 10A and 10B

Insert after clause 10:

10A

Registration of certain radiation apparatus

(1)

For the purposes of section 7 (1) (b) of the Act, any ionising radiation apparatus used or intended to be used for any medical diagnostic, veterinary diagnostic or dental diagnostic purpose is prescribed as apparatus to which that section applies.

(2)

This clause commences on 11 August 2000.

2000 No 18

Radiation Control Amendment Regulation 2000

Schedule 1

Amendments

10B

Requirements for registration of radiation apparatus

(1) For the purposes of section 7 (5) of the Act, the applicable requirements for registration of ionising radiation apparatus of a type specified in Column 1 of the table to this clause are the requirements specified opposite that type in Column 2 of the table.

(2)

This clause commences on 11 February 2002.

Column 1

Column 2

Type of ionising

Requirements for registration

radiation apparatus

Apparatus for dental

The requirements specified in

diagnostic purposes

Schedule 1 to the Dentistry

Radiation Guideline

Apparatus for fluoroscopy or

The requirements specified in

radiography

Schedule 1 to the Fluoroscopy and Radiography Radiation Guideline

Apparatus for mammography

The requirements specified in

Schedule 1 to the Mammography

Radiation Guideline

Apparatus for tomography or

The requirements specified in

bone mineral densitometry

Schedule 1 to the Tomography and

Bone Mineral Densitometry

Radiation Guideline

Apparatus for veterinary

The requirements specified in

diagnostic purposes

Schedule 1 to the Veterinary

Radiation Guideline

Note. The Guidelines referred to in this clause, and defined in clause

3 (1), are available from the Environment Protection Authority.

[8]     Clause 11 Consulting radiation experts

Insert at the end of clause 11 (1):

(f)

advising on the design of premises, in relation to radiation safety requirements, in which sealed radioactive sources or radiation apparatus prescribed under section 7 (1) of the Act are kept or used,

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2000 No 18

Radiation Control Amendment Regulation 2000

Amendments

Schedule 1

(g)

assessing plans for premises in which sealed radioactive sources or radiation apparatus prescribed under section 7 (1) of the Act are kept or used, for the purpose of certifying compliance with any requirements for registration under section 7 (5) of the Act,

(h)

assessing the integrity of any shielding of premises in which sealed radioactive sources or radiation apparatus prescribed under section 7 (1) of the Act are kept or used for purposes of certifying compliance with the requirements for registration.

[9]     Clause 24 Certain occurrences are taken to be radiation accidents

Insert “total” before “prescribed treatment dose” in clause 24 (2) (c).

[10]     Clause 25 Duty to report and investigate apparent radiation accidents

Omit clause 25 (1). Insert instead:

(1)

An employer must give written notice to the Director-General

of the particulars:

(a)

specified in subclause (2) (a)–(d) within 48 hours of becoming aware of an apparent radiation accident, and

(b)

specified in subclause (2) (e) within 10 days of becoming aware of an apparent radiation accident.

[11]     Schedule 3 Exemptions from licensing

Omit “sealed radioactive sources” from the matter following the first bullet

point in Part 1 of Schedule 3.

Insert instead “radioactive substances”.

[12]     Schedule 3 Part 1

Omit “gauges” from Part 1 of Schedule 3. Insert instead “gauging”.

2000 No 18

Radiation Control Amendment Regulation 2000

Schedule 1

Amendments

[13]     Schedule 3 Part 2

Omit “sealed radioactive sources” wherever occurring in Part 2 of

Schedule 3.

Insert instead “radioactive substances”.

BY AUTHORITY

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