Radiation Control Amendment Regulation 2004 (NSW)

2004 No 372

New South Wales

Radiation Control Amendment

Regulation 2004

under the

Radiation Control Act 1990

Her 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 2003 as follows:

(a)	to specify certain radioactive substances that may be kept and used at premises without the necessity for the occupier of the premises to register the premises concerned under the Radiation Control Act 1990,
(b)	to remove a requirement for certain records to be kept in relation to personal monitoring devices,
(c)	to extend an existing exemption from licensing requirements for persons who use radioactive substances in gas chromatography detectors to persons who possess or sell those substances,
(d)	to make other amendments of a consequential or machinery nature.

This Regulation is made under the Radiation Control Act 1990, including sections 9,

25A, 39 and 40 (the general regulation-making power).

Published in Gazette No 104 of 25 June 2004, page 4598	Page 1
2004 No 372
Clause 1	Radiation Control Amendment Regulation 2004

Radiation Control Amendment Regulation 2004

under the

Radiation Control Act 1990

1      Name of Regulation

This Regulation is the Radiation Control Amendment

Regulation 2004.

2 Commencement

This Regulation commences on 1 July 2004.

3 Amendment of Radiation Control Regulation 2003

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

2004 No 372

Radiation Control Amendment Regulation 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 11A

Insert after clause 11:

11A Exemption from requirement for premises to be registered
under section 8

An occupier of premises is exempt from the requirement for the premises to be registered under section 8 of the Act in relation to the keeping or use at the premises of any of the kinds of radioactive substances specified in Schedule 3B.

[2]      Clause 12 Consulting radiation experts

Omit clause 12 (1) (c) and (d). Insert instead:

(c)	measuring and assessing radiation doses from ionising radiation apparatus used for medical therapy,
(d)	measuring and assessing radiation doses from ionising radiation apparatus used for diagnostic purposes,

[3]      Clause 19 Area monitoring devices

Insert after clause 19 (4):

(5)

An employer must ensure that, for each monitoring device with which premises are equipped for the purposes of this clause, a record is kept of the following particulars:

(a)	the date on which the device was acquired,
(b)	the date of each occasion on which the device was repaired and the details of the repairs,
(c)	the date on which the device was last calibrated.

Maximum penalty: 25 penalty units.

[4]      Clause 21 Records to be kept of monitoring devices

Omit the clause.

2004 No 372

Radiation Control Amendment Regulation 2004

Schedule 1 Amendments

[5]      Part 3, Division 4, heading

Insert “, discharge” after “Disposal”.

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

Omit “such as” from clause 26 (1). Insert instead “including”.

[7]      Schedule 3 Exemptions from licensing

Omit item 1 of Part 1.

[8]      Schedule 3, Part 1, item 3

Omit the item. Insert instead:

3 Americium 241 in industrial smoke detectors that do not contain any other radioactive substance

[9]      Schedule 3, Part 2, items 1 and 2

Omit the items. Insert instead:

1	Radioactive substances in luminous dials on any devices, including on clocks and watches
2	Gaseous tritium in luminous devices, including in self luminous “EXIT” signs

[10]      Schedule 3, Part 2, item 5

Omit “and”. Insert instead “or”.

[11]      Schedule 3, Part 2, item 6

Insert “is used” after “substances or”.

2004 No 372

Radiation Control Amendment Regulation 2004

Amendments Schedule 1

[12]      Schedule 3, Part 2, item 7

Insert after item 6:

7 Radioactive substances in gas chromatography detectors

[13]      Schedule 3B

Insert before Schedule 4:

Schedule 3B Exemptions from application of
section 8 of the Act

(Clause 11A)

1         Americium 241 in industrial smoke detectors that do not contain any other radioactive substance

2         Radioactive substances in luminous dials on any devices, including on clocks and watches

3         Gaseous tritium in luminous devices, including in self luminous “EXIT” signs

4         Radioactive substances used in nuclear medicine for checking gamma cameras and dose calibrators and having a level of activity of less than 40 megabecquerels

5         Radioactive substances used as laboratory reference sources and having a level of activity of less than 40 megabecquerels

6         Radioactive substances for demonstration, teaching or training having a level of activity of less than 40 megabecquerels

7         Uranium metal of natural isotopic composition, or depleted in uranium 235, which is used as radiation shielding in transport packages for radioactive substances or is used in any other manner

2004 No 372

Radiation Control Amendment Regulation 2004

Schedule 1 Amendments

[14]      Schedule 4 Penalty notice offences

Insert after the matter relating to clause 19 (4):

Clause 19 (5) $250

[15]      Schedule 4

Omit the matter relating to clause 21 from Columns 1 and 2.

BY AUTHORITY