Radiation Control Amendment (Miscellaneous) Regulation 2007 (NSW)

2007 No 444

New South Wales

Radiation Control Amendment

(Miscellaneous) Regulation 2007

under the

Radiation Control Act 1990

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

P. C. KOPERBERG, M.P.,

Minister for Climate Change, Environment and Water

Explanatory note
The object of this Regulation is to amend the Radiation Control Regulation 2003 (the principal Regulation):

(a)	to exempt dentists, dental auxiliaries and dentistry students registered under the Dental Practice Act 2001 from the requirement to be licensed under the Radiation Control Act 1990 (the Act) in relation to the use for diagnostic purposes, or the sale, of extra-oral x-ray apparatus used with intra-oral image receptors, subject to specified conditions being met, and
(b)	to authorise the Minister to grant exemptions from compliance with section 6 (which provides for restrictions on the possession, use, sale or giving away of radioactive substances and certain radiation apparatus including requiring persons who possess, use, sell or give away such substances and apparatus to be licensed) and section 7 (which provides for the responsibilities of owners of sealed source devices and certain radiation apparatus including requiring them to register such devices and apparatus) of the Act in emergency situations, and
(c)	to provide for the fees payable for the grant or renewal of a licence under the Act of 1 year’s duration (being $117 and $67, respectively) and 3 years’ duration (being $226 and $176, respectively), and
(d)	to clarify that an employer is responsible for providing personal monitoring devices (which detect and measure radiation exposure) to relevant employees in accordance with clause 17 of the principal Regulation and to extend the circumstances in which such devices must be provided, and
(e)	to clarify that “effective doses” (as defined) are the relevant doses of radiation for the purposes of determining whether a radiation accident has occurred, and
Published in Gazette No 116 of 7 September 2007, page 6881	Page 1
2007 No 444
2007 No 444
Radiation Control Amendment (Miscellaneous) Regulation 2007 Explanatory note
(f)	to extend the current exemptions from licensing requirements under section 6 (in relation to the possession, use or sale of radioactive substances, and the use of ionising radiation apparatus) and registration requirements under section 7 (in relation to sealed source devices) and section 8 (in relation to premises on which radioactive substances not contained in a sealed source device are kept or used) of the Act.

This Regulation is made under the Radiation Control Act 1990, including sections 6, 11, 39 and 40 (the general regulation-making power).

2007 No 444

Radiation Control Amendment (Miscellaneous) Regulation 2007	Clause 1
Radiation Control Amendment (Miscellaneous) Regulation 2007
under the
Radiation Control Act 1990

1      Name of Regulation

This Regulation is the Radiation Control Amendment (Miscellaneous)
Regulation 2007.

2 Amendment of Radiation Control Regulation 2003

The Radiation Control Regulation 2003 is amended as set out in
Schedule 1.

2007 No 444

Radiation Control Amendment (Miscellaneous) Regulation 2007

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 2)

[1]      Clause 8A

Insert after clause 8:

8A Exemptions from section 6 licensing requirements for dental
profession in relation to use of certain radiation apparatus

(1)

A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes, or the sale, of extra-oral x-ray apparatus used with intra-oral image receptors if the person:

(a)	is registered as a dentist or a dental auxiliary under the Dental Practice Act 2001, and
(b)	meets all applicable requirements of the Code of Practice for Radiation Protection in Dentistry in relation to the use of the apparatus.

(2)

A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes of extra-oral x-ray apparatus used with intra-oral image receptors if the person:

(a)	is registered as a dentistry student or a dental auxiliary student under the Dental Practice Act 2001, and
(b)	is subject to:

(i)      immediate supervision at all times while the person is using the apparatus during clinical experience in the course of training, and

(ii)      general supervision at all other times.

(3) In this clause:
Code of Practice for Radiation Protection in Dentistry means
the Code so entitled, published by the Chief Executive Officer of
the Australian Radiation Protection and Nuclear Safety Agency,
as in force from time to time.
general supervision means supervision by a qualified person
who oversees the person being supervised and ensures that the
person follows safe radiation work practices in relation to the use
of the apparatus in respect of which the supervision is required.

2007 No 444

Radiation Control Amendment (Miscellaneous) Regulation 2007

Amendments Schedule 1

immediate supervision means supervision by a qualified person who is present at all times during, and is observing and directing, the use by the person being supervised of the apparatus in respect of which the supervision is required.

qualified person means a person who satisfies the requirements
of subclause (1) (a) and (b).

[2]      Clause 11B

Insert after clause 11A:

11B Exemptions by Minister in emergencies

(1)

The Minister is authorised to grant to any person or class of persons an exemption from compliance with section 6 or 7 of the Act in an emergency situation (for example, a situation resulting from a malicious act or a threatened malicious act involving radioactive sources).

(2)

An exemption:

(a)	is effected by order made by the Minister, and
(b)	takes effect when the order is made or on a later date specified in the order.

(3)

An order is to be published in the Gazette as soon as practicable
after it is made.

(4)

An exemption may be unconditional or may be subject to
conditions specified in the order.

Note. Section 39 (2) and (3) of the Act make further provision with respect to the Minister’s granting of exemptions.

[3]      Clause 13 Fees

Omit the matter relating to “Licence under section 6 of the Act” from the Table to the clause.

Insert instead:

Licence under section 6 of the Act $117 for a licence the duration of
which is 1 year

$226 for a licence the duration of
which is 3 years

2007 No 444

Radiation Control Amendment (Miscellaneous) Regulation 2007

Schedule 1 Amendments

[4]      Clause 13, Table

Omit the matter relating to “Renewal of licence under section 11 of the Act”.
Insert instead:

Renewal of licence under section 11 of the	$67 for a renewed licence the
Act	duration of which is 1 year

$176 for a renewed licence the
duration of which is 3 years

[5]      Clause 17 Personal monitoring devices

Omit “ensure that” from clause 17 (1). Insert instead “provide”.

[6]      Clause 17 (1)

Omit “are issued”.

[7]      Clause 17 (1) (g)

Insert after clause 17 (1) (f):

(g) servicing of ionising radiation apparatus or devices containing radioactive substances.

[8]      Clause 17 (2)

Omit “issued”. Insert instead “provided”.

[9]      Clause 26 Certain occurrences are taken to be radiation accidents

Omit “a dose” from clause 26 (1) (a). Insert instead “an effective dose”.

[10]      Schedule 3 Exemptions from licensing

Omit item 4 of Part 1. Insert instead:

4      Self-shielded irradiators (that is, gamma irradiators in which the radioactive substance is completely enclosed in a dry container constructed of solid material that shields the radioactive substance)

[11]      Schedule 3, Part 2

Insert after item 7:

8      Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels

2007 No 444

Radiation Control Amendment (Miscellaneous) Regulation 2007

Amendments Schedule 1

[12]      Schedule 3, Part 3

Omit “installed in a fixed position” from item 2.

[13]      Schedule 3, Part 3

Insert after item 3:

4      X-ray apparatus used for radiation gauging and installed in a fixed position

[14]      Schedule 3A Exemptions from application of section 7 of Act

Insert after item 2:

3      A device that contains a sealed radioactive source used only as a laboratory reference source, having a level of activity of less than 40 megabecquerels

[15]      Schedule 3B Exemptions from application of section 8 of Act

Insert after item 7:

8      Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels

BY AUTHORITY