Radiation Protection Act 2006 (ACT)
Radiation Protection Act 2006
A2006-33
Republication No 22
Effective: 11 September 2023
Republication date: 11 September 2023
Last amendment made by A2022‑12
(republication for expiry of transitional provisions (pt 11))
About this republication
The republished law
This is a republication of the Radiation Protection Act 2006 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 September 2023. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 September 2023.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Radiation Protection Act 2006
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Object of Act 2
4 Radiation protection principle 2
5 Dictionary 3
6 Notes 3
7Offences against Act—application of Criminal Code etc 4
Part 2 Important terms
8 Meaning of radiation and ionising and non-ionising radiation 5
9 Meaning of radiation source etc 5
10 Meaning of prohibited radiation source and regulated radiation source 6
11 Meaning of deal with radiation source 6
Part 3 Radiation safety
Division 3.1 Safety duties
12 General duty to ensure no harm 8
13 Radiation exposure 8
14 Diagnostic or therapeutic procedures 9
15 Incorporated documents, approved codes of practice etc may be considered 9
Division 3.2 Licenses
16 Application for licence 9
17 Decision about licence application 10
17A Suitable person to hold licence 11
18 Form of licence 12
19 Licence conditions 13
20 Term of licence 13
21 Offence—fail to update name or address 13
22 Amendment of licence by chief health officer 14
23 Amendment of licence on application 14
24 Automatic cancellation of licence 15
Division 3.3 Registration of radiation sources
25 Application for registration of radiation source 15
26 Decision about radiation source registration application 16
26A Suitable person to own registered regulated radiation source 17
27 Form of registration 18
28 Registration conditions 19
29 Term of registration 19
30 Registered owner must update details 20
31 Amendment of registration by chief health officer 20
32 Amendment of registration on application 21
33 Automatic cancellation of registration 22
Division 3.3A Radiation register
33A Radiation register 22
Division 3.3B Radiation management plan
33B Meaning of radiation management plan 23
33C Radiation management plan 23
33D Meaning of radiation safety officer 24
33E Qualifications of radiation safety officer 25
Division 3.3C Improvement notices and prohibition notices
33F Improvement notices 25
33G Contents of improvement notices 26
33H Prohibition notices 26
33I Contents of prohibition notices 28
33J Clearance notices 28
33K Contravention of improvement notice and prohibition notice 29
Division 3.4 Disciplinary action
34 Grounds for disciplinary action 30
35 Disciplinary action 31
36 Taking disciplinary action 32
37 Immediate suspension of licence or registration 33
38 Effect of suspension of licence or dealing 35
39 Effect on licensee of suspension of registration 35
40 Return of amended, suspended or cancelled licences 36
41 Action by chief health officer in relation to amended, suspended or cancelled licence 36
Division 3.5 Abandoning a radiation source
42 Prohibition on abandoning radiation source 37
43 Procedure if radiation source abandoned 37
44 Person abandoning radiation source liable for recovery costs 38
Division 3.6 Disposal of prohibited radiation source
45 Disposal etc of prohibited radiation source 38
46 Person in possession of prohibited radiation source liable for disposal costs 39
Division 3.7 Emergency powers
46A Emergency exemption 39
47 Emergency orders 40
48 Compensation—emergency orders 41
49 Minister’s decision on claim for compensation 42
50 Acceptance or rejection of offer of compensation 43
51 Recovery of compensation in court 43
Part 4 Offences
52 Meaning of safety duty 44
53 Failure to comply with safety duty—general offence 44
54 Failure to comply with safety duty—exposing people to substantial risk of death or serious harm 44
55 Failure to comply with safety duty—causing death or serious harm to people 45
56 Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage 46
57 Alternative verdicts for failure to comply with safety duties 46
58 Failure to comply with condition of licence 48
59 Dealing with regulated radiation source without licence 48
60 Owning unregistered radiation source 50
60A Dealing with unregistered radiation source 50
61 Failure to comply with condition of registration of radiation source 51
62 Dealings with prohibited radiation source 51
62A Failure to notify chief health officer of disposal of radiation source 52
63 Failure to notify chief health officer of dangerous event 52
64 Criminal liability of executive officers 53
Part 5 Radiation advisory committee
65 Establishment of advisory committee 56
66 Advisory committee—functions 56
67 Advisory committee—membership 56
68 Advisory committee—ending members’ appointments 57
69 Advisory committee—procedures 58
70 Advisory committee—quorum at meetings 58
71 Advisory committee—disclosure of member interests 58
72 Advisory committee—reporting of disclosed interests to Minister 59
73 Advisory committee—radiation protection reports 60
Part 6 Enforcement
Division 6.1 General
88 Definitions—pt 6 61
Division 6.2 Authorised people
89 Appointment of authorised people 61
90 Identity cards 62
Division 6.3 Powers of authorised people
91 Power to enter premises 62
92 Production of identity card 63
93 Consent to entry 63
94 General powers on entry to premises 64
95 Power to seize things 65
Division 6.4 Search warrants
96 Warrants generally 67
97 Warrants—application made other than in person 68
98 Search warrants—announcement before entry 69
99 Details of search warrant to be given to occupier etc 70
100 Occupier entitled to be present during search etc 70
Division 6.5 Return and forfeiture of things seized
101 Receipt for things seized 71
102 Moving things to another place for examination or processing under search warrant 71
103 Access to things seized 72
104 Return of things seized 73
105 Forfeiture of seized things 74
106 Power to destroy unsafe things 75
107 Application for order disallowing seizure 76
108 Order for return of seized thing 76
Division 6.6 Miscellaneous
109 Damage etc to be minimised 77
110 Compensation for exercise of enforcement powers 78
Part 7 Notification and review of decisions
111 Meaning of reviewable decision—pt 7 79
112 Reviewable decision notices 79
113 Applications for review 79
Part 8 Miscellaneous
114 Minister may exempt people, radiation sources etc 80
115 Communication or use of protected information 80
116 Codes of practice 82
117 Notification of certain incorporated documents 82
118 Inspection of incorporated documents 84
119 Evidentiary certificates 85
120 Determination of fees 85
122 Regulation-making power 86
123 Regulations may exempt people, radiation sources etc 86
124 Regulations may impose conditions to licensing and registration regimes 86
Schedule 1 Reviewable decisions 87
Dictionary88
Endnotes
1 About the endnotes 93
2 Abbreviation key 93
3 Legislation history 94
4 Amendment history 97
5 Earlier republications 105
6 Expired transitional or validating provisions 106
Radiation Protection Act 2006
An Act to provide for the protection of the health and safety of people, and for the protection of property and the environment, from the harmful effects of radiation, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Radiation Protection Act 2006.
Object of Act
The object of this Act is to protect the health and safety of people, and to protect property and the environment, from the harmful effects of radiation.
Radiation protection principle
(1)The radiation protection principle means the principle that people, property and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation for which—
(a)justification involves assessing whether the benefits of a radiation practice, or the use of a radiation source, outweigh the detriment caused by the practice or source; and
(b)limitation involves setting radiation dose limits, or imposing other measures, so that the health risk to anyone, or the risk of damage to property or the environment, from being exposed to radiation is below unacceptable levels; and
(c)optimisation—
(i)in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person, property or the environment to radiation involves keeping—
(A)the magnitude of individual doses of, or the number of people who may be exposed to, ionising radiation; or
(B)if the magnitude of individual doses, or the number of people who may be exposed, is uncertain—the likelihood of exposures of ionising radiation happening;
as low as reasonably achievable taking into account economic, social and environmental factors; and
(ii)optimising, to a level of cost effectiveness, the conduct of a radiation practice, or the use of a radiation source, that may expose a person, property or the environment to non-ionising radiation.
(2)The advisory committee, and anyone else with functions under this Act, must have regard to the radiation protection principle in exercising a function under this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104)
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘radiation source—see section 9 (1).’ means that the term ‘radiation source’ is defined in that subsection.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Important terms
Meaning of radiation and ionising and non-ionising radiation
(1)For this Act, radiation is a phenomena caused naturally, or created artificially, that is—
(a)an electromagnetic waveform, quanta or both; and
(b)propagated through space or through a material medium.
(2)Radiation is ionising if it is—
(a)capable of producing ions directly or indirectly; and
(b)either—
(i)particulate radiation; or
(ii)electromagnetic radiation of a wavelength of 100 nanometres or less.
(3)Radiation is non-ionising if it is electromagnetic radiation of a wavelength greater than 100 nanometres.
Meaning of radiation source etc
(1)A thing is a radiation source if it emits or may emit radiation.
(2)A radiation source can be a radiation apparatus, a radiation facility or radioactive material.
(3)A radiation apparatus is—
(a)apparatus that—
(i)produces radiation when energised; or
(ii)if assembled or repaired, would be capable of producing radiation when energised; or
(b)a thing prescribed by regulation to be a radiation apparatus.
(4)A radiation facility is a facility prescribed by regulation to be a radiation facility.
(5)Radioactive material is material that spontaneously emits ionising radiation as a consequence of nuclear transformations.
Meaning of prohibited radiation source and regulated radiation source
(1)A radiation source is a prohibited radiation source if it is prescribed by regulation to be a prohibited radiation source.
(2)A radiation source is a regulated radiation source if it is—
(a)a radiation source (other than a prohibited radiation source) that emits or is capable of emitting ionising radiation above the level prescribed by regulation; or
(b)a radiation source prescribed by regulation that emits or is capable of emitting non-ionising radiation.
Meaning of deal with radiation source
(1)A person deals with a radiation source if the person—
(a)manufactures the radiation source; or
(b)possesses the radiation source; or
(c)supplies the radiation source to someone else; or
(d)uses the radiation source; or
(e)disposes of the radiation source; or
(f)inspects and assesses the safety of the radiation source to ensure compliance with this Act; or
(g)for radioactive material—stores, packs or transports the material.
NoteDispose of and use are defined in the dictionary.
(2)For subsection (1) (b), a person does not possess a radiation source only because, as part of a diagnostic or therapeutic procedure—
(a)the person, or an animal kept by the person, has been injected with radioactive material; or
(b)radioactive material has been administered to or implanted in the person or animal in any other way.
Part 3Radiation safety
Division 3.1 Safety duties
General duty to ensure no harm
A person who deals with a regulated radiation source must take all reasonable steps to ensure that no harm results to the health or safety of people or to property or the environment from radiation emitted from the radiation source.
Note 1A failure to comply with this section may be an offence (see s 53).
Note 2For the meaning of deal with a radiation source, see s 11.
Radiation exposure
(1)This section applies to a person who deals with a regulated radiation source.
(2)The person must take all reasonable steps to ensure that, if anyone (including the person) receives a dose of radiation, the dose must not result in that person receiving doses of radiation during a period that, when added together, are higher than the dose limit for the period.
(3)This section does not apply to a dose received by a person from the carrying out of a diagnostic or therapeutic procedure involving the irradiation of the person at the request of a health practitioner.
Note 1A failure to comply with this section may be an offence (see s 53).
Note 2For the meaning of deal with a radiation source, see s 11.
Diagnostic or therapeutic procedures
A person who uses a regulated radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person (the treated person) at the request of a health practitioner must ensure that the treated person does not receive a dose of radiation from the procedure that is not in accordance with the request.
Note 1A failure to comply with this section may be an offence (see s 53).
Note2 Health practitioner includes a doctor registered under the Health Practitioner Regulation National Law (ACT).
Incorporated documents, approved codes of practice etc may be considered
In deciding whether a person has complied with a safety duty, an incorporated document, or approved code of practice, applying to the duty may be considered.
Note 1For the meaning of safety duty, see s 52.
Note 2For the meaning of incorporated document and approved code of practice, see the dictionary.
Division 3.2 Licenses
Application for licence
(1)A person may apply to the chief health officer for a licence to deal with a regulated radiation source.
(2)The application must—
(a)be in writing; and
(b)include any information prescribed by regulation.
NoteGiving false or misleading information is an offence against the Criminal Code, s 338.
(3)The chief health officer may, by written notice, require an applicant for a licence to give the chief health officer more information—
(a)that the chief health officer reasonably needs to decide the application; and
(b)within a stated time.
Examples—more information
1 information about the proposed dealings under the licence
2 information about the applicant’s skills and qualifications
(4)If the applicant does not comply with a requirement in the notice, the chief health officer may refuse to issue the licence.
Decision about licence application
(1)If a person applies for a licence, the chief health officer must—
(a)issue the licence; or
(b)refuse to issue the licence.
NoteA licence may be issued with a condition (see s 19).
(2)The chief health officer may issue the licence to the applicant, only if satisfied that the applicant is a suitable person to hold the licence in accordance with section 17A.
(3)The chief health officer must refuse to issue the licence if satisfied it is not in the public interest to issue the licence.
(4)In considering the public interest under subsection (3), the chief health officer must consider the risk of a dose limit being exceeded.
(5)Subsection (4) does not limit the matters the chief health officer may consider relevant to the public interest.
17ASuitable person to hold licence
(1)In deciding whether an applicant is a suitable person to hold a licence, the chief health officer must consider the following:
(a)whether the applicant has the knowledge, skills and experience to safely deal with the regulated radiation source the subject of the application;
(b)for an applicant who is, or was, a licensee under this Act, or a corresponding law—
(i)whether any conditions were imposed on the licence; and
(ii)if a condition was imposed on the licence—whether the applicant failed to comply with the condition; and
(iii)whether the applicant was given an improvement notice or prohibition notice; and
(iv)whether any disciplinary action was taken against the applicant; and
(v)whether the licence was amended or cancelled;
(c)whether the applicant has been convicted or found guilty of an offence against a law that relates to the applicant’s ability to safely deal with a radiation source, including this Act or a corresponding law;
Examples—law that relates to applicant’s ability to safely deal with radiation source
1the Dangerous Substances Act 2004
2the Health Practitioner Regulation National Law (ACT)
3the Veterinary Practice Act 2018
(d)any other information prescribed by regulation.
(2)If the applicant is a corporation, the chief health officer must also consider the matters mentioned in subsection (1) for each influential person for the corporation.
(3)The chief health officer may consider anything else the chief health officer considers relevant.
Form of licence
(1)A licence must—
(a)be in writing; and
(b)include the following information:
(i)the full name and address of the licensee;
(ii)a unique identifying number;
(iii)the term of the licence;
(iv)any conditions on the licence;
(v)any other information prescribed by regulation; and
(c)identify or describe—
(i)each regulated radiation source to which the licence applies (the relevant source); and
(ii)each kind of dealing authorised by the licence in relation to each relevant source.
(2)The licence may include any other information the chief health officer considers relevant.
Licence conditions
A licence is subject to—
(a)any condition the chief health officer imposes when issuing the licence; and
(b)any other condition prescribed by regulation.
Examples—par (a)
1 compliance with an approved code of practice or standard
2 compliance with a national incident reporting framework
3 compliance with particular requirements of inspection and reporting
4 compliance with particular security procedures
Term of licence
The chief health officer may issue a licence for not longer than 3 years.
Offence—fail to update name or address
(1)A person commits an offence if the person—
(a)is a licensee; and
(b)changes their name or address from the name or address mentioned in the licence; and
(c)does not tell the chief health officer, in writing, about the change within 14 days after the day the change happens.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Amendment of licence by chief health officer
(1)The chief health officer may amend a licence at any time and on the chief health officer’s own initiative.
Examples
1 changing a dealing with a radiation source authorised under a licence
2 imposing a condition on a licence
3 amending an existing condition of the licence
(2)However, the chief health officer may take action under this section (a proposed action) only if—
(a)the chief health officer has given the licensee written notice of the proposed action; and
(b)the notice states that written comments on the proposed action may be made to the chief health officer before the end of a stated period of at least 14 days after the day the notice is issued to the person; and
(c)the chief health officer has considered any comments made before the end of the stated period.
(3)Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the action.
Amendment of licence on application
(1)A licensee may apply to the chief health officer to amend the licensee’s licence.
Examples
1 changing a dealing with a radiation source authorised under the licence
2 amending a licence condition
3 removing a licence condition
(2)The chief health officer may, by written notice, require the licensee to give the chief health officer more information the chief health officer reasonably needs to decide the application.
(3)If the licensee does not comply with a requirement under subsection (2), the chief health officer may refuse to consider the application.
(4)In deciding whether to amend the licence, the chief health officer may consider anything the chief health officer may consider under section 17 in relation to an application for a licence.
(5)On an application by a licensee to amend a licence, the chief health officer must—
(a)amend the licence in the way applied for; or
(b)refuse to amend the licence.
Automatic cancellation of licence
(1)This section applies if—
(a)a licence is in force in relation to a regulated radiation source; and
(b)the radiation source becomes a prohibited radiation source.
(2)The licence is automatically cancelled.
(3)The chief health officer must give written notice to the person who was the licensee within 7 days after the day the licence is cancelled.
Division 3.3 Registration of radiation sources
Application for registration of radiation source
(1)The owner of a regulated radiation source may apply to the chief health officer to register the radiation source.
(2)The application must—
(a)be in writing; and
(b)include a radiation management plan, for the radiation source, in accordance with section 33C; and
(c)include any other information prescribed by regulation.
NoteGiving false or misleading information is an offence against the Criminal Code, s 338.
(3)The chief health officer may, by written notice, require the applicant to give the chief health officer more information—
(a)that the chief health officer reasonably needs to decide the application; and
(b)within a stated time.
Example—more information
how people, property and the environment will be protected from unnecessary exposure to radiation from a radiation source
(4)The chief health officer may, by written notice, require that an applicant amend a radiation management plan included in an application if the chief health officer is satisfied that the plan does not adequately address the requirements under section 33C.
(5)If an applicant does not comply with a requirement under subsection (3) or (4), the chief health officer may refuse to register the radiation source.
Decision about radiation source registration application
(1)If a person applies for registration of a regulated radiation source, the chief health officer must—
(a)register the radiation source; or
(b)refuse to register the radiation source.
(2)In deciding whether to register the regulated radiation source, the chief health officer must consider—
(a)whether the person is a suitable person to own a regulated radiation source in accordance with section 26A; and
(b)whether it is in the public interest that the regulated radiation source be registered; and
(c)anything the chief health officer considers relevant in relation to the person’s ability to comply with this Act; and
(d)any criteria prescribed by regulation.
(3)The chief health officer must refuse to register the regulated radiation source if the chief health officer is not satisfied of either matter mentioned in subsection (2) (a) or (b).
(4)If the chief health officer refuses to register the regulated radiation source, the chief health officer must tell the person about the decision as soon as practicable, but not later than 7 days, after the day the chief health officer makes the decision.
26ASuitable person to own registered regulated radiation source
(1)In deciding whether an applicant is a suitable person to own a registered regulated radiation source, the chief health officer must consider the following:
(a)whether the applicant can satisfy any relevant requirements set out in the national directory;
(b)for an applicant who is, or was, a registered owner under this Act or a corresponding law—
(i)whether any conditions were imposed on the registration; and
(ii)if a condition was imposed on the registration—whether the applicant failed to comply with the condition; and
(iii)whether the applicant was given an improvement notice or prohibition notice or the equivalent of such a notice; and
(iv)whether any disciplinary action was taken against the applicant; and
(v)whether the registration was amended or cancelled;
(c)whether the applicant has been convicted or found guilty of an offence against a law that relates to the applicant’s ability to safely deal with a radiation source, including this Act or a corresponding law;
Examples—law that relates to applicant’s ability to safely deal with radiation source
1the Dangerous Substances Act 2004
2the Health Practitioner Regulation National Law (ACT)
3the Veterinary Practice Act 2018
(d)any other information prescribed by regulation.
(2)If the applicant is a corporation, the chief health officer must also consider the matters mentioned in subsection (1) for each influential person for the corporation.
(3)The chief health officer may consider anything else the chief health officer considers relevant.
Form of registration
(1)The registration of a regulated radiation source must—
(a)be in writing; and
(b)include the following information:
(i)the full name and address of the person to whom the registration is granted;
(ii)a description or identification of the radiation source;
(iii)each place where the radiation source may be kept;
(iv)the term of the registration;
(v)any conditions on the registration.
(2)The person mentioned in subsection (1) (b) (i) is the registered owner of the registered regulated radiation source.
Registration conditions
(1)The registration of a regulated radiation source is subject to—
(a)any condition the chief health officer imposes when registering a regulated radiation source; and
(b)any other condition prescribed by regulation.
Examples—conditions imposed on registration
1 compliance with an approved code of practice or standard
2 compliance with a national incident reporting framework
3 compliance with particular requirements of inspection and reporting
4 compliance with particular security procedures
5 requirement to tell chief health officer if radiation source is transported
(2)Also, registration of a regulated radiation source is subject to a condition that the registered owner of the regulated radiation source—
(a)has in place, a radiation management plan in accordance with the registration for the radiation source; and
(b)employs or retains at least 1 radiation safety officer in accordance with the radiation management plan for the radiation source; and
(c)ensures the radiation source operates in accordance with an approved code of practice for the radiation source.
Term of registration
The chief health officer may register a regulated radiation source for not longer than 3 years.
Registered owner must update details
(1)A person commits an offence if the person—
(a)is a registered owner of a regulated radiation source; and
(b)changes their name or address from the name or address mentioned in the registration; and
(c)does not tell the chief health officer, in writing, about the change within 14 days after the day the change happens.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Amendment of registration by chief health officer
(1)The chief health officer may amend a registration at any time and on the chief health officer’s own initiative.
Examples
1 changing a requirement about how the radiation source is to be kept
2 imposing a condition on a registration
3 amending an existing condition of a registration
(2)However, the chief health officer may only amend a registration under this section if—
(a)the chief health officer has given the registered owner of the regulated radiation source written notice of the proposed amendment; and
(b)the notice states that written comments on the proposed amendment may be made to the chief health officer before the end of a stated period of at least 14 days after the day the notice is issued to the person; and
(c)the chief health officer has considered any comments made before the end of the stated period.
(3)Subsection (2) does not apply if the registered owner applied for, or agrees in writing to, the proposed amendment.
Amendment of registration on application
(1)A registered owner of a radiation source may apply to the chief health officer to amend a registration.
Examples
1 changing a dealing with a radiation source authorised under the licence
2 amending a registration condition
3 removing a registration condition
(2)The chief health officer may, by written notice, require the registered owner to give the chief health officer additional information the chief health officer considers reasonably necessary to decide the application.
(3)If the registered owner does not comply with a requirement under subsection (2), the chief health officer may refuse to amend the registration.
(4)In deciding whether to amend the registration, the chief health officer may consider anything the chief health officer may consider under section 25 in relation to an application for a registration of a regulated radiation source.
(5)On application by a registered owner of a regulated radiation source to amend a registration, the chief health officer must—
(a)amend the registration; or
(b)refuse to amend the registration.
Automatic cancellation of registration
(1)This section applies if—
(a)a registration is in force in relation to a radiation source that is a regulated radiation source; and
(b)the radiation source becomes a prohibited radiation source.
(2)The registration of the radiation source is automatically cancelled.
(3)The chief health officer must give written notice to the person who was the registered owner within 7 days after the day the registration is cancelled.
Division 3.3A Radiation register
33ARadiation register
(1)The chief health officer must keep a register of the following:
(a)a licence issued under section 17;
(b)a radiation source registered under section 26;
(c)anything else prescribed by regulation.
(2)The register must include the following information:
(a)for a licence—
(i)the full name of the licensee; and
(ii)the unique identifying number for the licence; and
(iii)the dealings authorised by the licence; and
(iv)the term of the licence; and
(v)any conditions on the licence; and
(vi)any disciplinary action taken against the licensee; and
(vii)any other information prescribed by regulation;
(b)for registration of a regulated radiation source—
(i)the serial number or other unique identifying number for the radiation source; and
(ii)the kind of radiation source; and
(iii)the term of the registration; and
(iv)any conditions on the registration; and
(v)any disciplinary action taken against the registered owner; and
(vi)any other information prescribed by regulation.
(3)The register may include any other information that the chief health officer considers appropriate.
(4)The chief health officer may make the information mentioned in subsection (2) (a) and (b) available for public inspection if satisfied it is in the public interest for the information to be publicly available.
(5)The chief health officer may correct a mistake, error or omission in the register.
Division 3.3B Radiation management plan
33BMeaning of radiation management plan
In this Act:
radiation management plan, for a regulated radiation source, means a plan about how to safely deal with a radiation source.
33CRadiation management plan
A radiation management plan for a regulated radiation source must—
(a)include the following information:
(i)the proposed dealings with the radiation source;
(ii)the proposed location of the radiation source, including how and where it will be stored;
(iii)the potential hazards associated with the radiation source;
(iv)security measures that will be in place to prevent unauthorised dealings with, or access to, the radiation source;
(v)the proposed safety measures for dealing with the radiation source, including how the radiation source will be transported or disposed of;
(vi)details of each radiation safety officer for the plan, including each radiation safety officer’s qualifications in accordance with section 33E;
(vii)any other information prescribed by regulation; and
(b)provide details about how the plan will ensure that dealings with the radiation source—
(i)will protect the health and safety of people, property and the environment; and
(ii)comply with the safety duties under division 3.1.
33DMeaning of radiation safety officer
In this Act:
radiation safety officer, for a radiation management plan, means a person who, in giving effect to the plan, does the following in relation to a radiation source mentioned in the plan:
(a)identifies ways of minimising the potential associated hazards;
(b)provides or arranges training for radiation safety and handling;
(c)monitors safety and security measures;
(d)anything else prescribed by regulation.
33EQualifications of radiation safety officer
(1)The chief health officer may determine a qualification required for a radiation safety officer under this Act.
(2)A determination may apply, adopt or incorporate a law of another jurisdiction or an instrument as in force from time to time.
(3)A determination is a notifiable instrument.
Division 3.3C Improvement notices and prohibition notices
33FImprovement notices
(1)This section applies if an authorised person believes on reasonable grounds that—
(a)a licensee or a registered owner of a regulated radiation source—
(i)is contravening a provision of this Act; or
(ii)has contravened a provision of this Act; and
(b)the contravention relates to a dealing with a regulated radiation source.
(2)The authorised person may, by written notice (an improvement notice), require the licensee or registered owner to—
(a)remedy the contravention; or
(b)prevent a likely contravention from occurring; or
(c)remedy the cause of the contravention or likely contravention.
(3)The chief health officer may, by written notice, require the registered owner to amend the registered owner’s radiation management plan if the chief health officer is satisfied—
(a)the subject of the improvement notice relates to a matter under the radiation management plan; and
(b)the plan does not adequately address the matter.
33GContents of improvement notices
(1)An improvement notice—
(a)must state—
(i)that it is an improvement notice under this Act; and
(ii)the provision of this Act to which it relates; and
(iii)details of the contravention; and
(iv)the period for compliance with the notice (the compliance period); and
(b)may state particular action to be taken by the licensee or registered owner to ensure compliance with the provision of this Act to which the notice relates.
(2)An authorised person may extend the compliance period—
(a)on the authorised person’s own initiative; or
(b)if the licensee or registered owner asks the authorised person, in writing, for more time to comply with the notice.
33HProhibition notices
(1)This section applies if—
(a)a licensee or registered owner of a regulated radiation source has failed to comply with an improvement notice within the compliance period in relation to the notice; or
(b)an authorised person believes on reasonable grounds that—
(i)a licensee or a registered owner of a regulated radiation source—
(A)is contravening a safety duty; or
(B)has contravened a safety duty, and the contravention is likely to continue or repeat; and
(ii)the contravention poses a serious or immediate risk to—
(A)the health or safety of people; or
(B)property; or
(C)the environment.
(2)The authorised person may prohibit, by oral or written notice (a prohibition notice), the licensee or registered owner doing any of the following:
(a)dealing with a stated regulated radiation source or stated kind of regulated radiation source;
(b)for a registered owner of a regulated radiation source—allowing another person to deal with the regulated radiation source;
(c)anything else in relation to a regulated radiation source.
(3)If the prohibition notice is given orally, the authorised person must—
(a)make a written record of the notice as soon as practicable, but not later than 1 business day after the day the notice is given; and
(b)give a copy of the written record to the licensee or registered owner as soon as practicable.
33IContents of prohibition notices
A prohibition notice—
(a)must state—
(i)that it is a prohibition notice under this Act; and
(ii)if the prohibition notice is in relation to a failure to comply with an improvement notice—details of the failure to comply; and
(iii)if the prohibition notice is in relation to a failure to comply with a safety duty—the safety duty and details of the failure to comply; and
(iv)the thing that the licensee or registered owner is prohibited from doing; and
(b)may state—
(i)particular action to be taken by the licensee or registered owner to ensure compliance with the improvement notice or safety duty to which the notice relates; and
(ii)that the notice remains in effect until the licensee or registered owner is given a clearance notice.
33JClearance notices
(1)This section applies if an authorised person—
(a)gave a prohibition notice to a licensee or registered owner of a regulated radiation source; and
(b)is satisfied on reasonable grounds that—
(i)if the prohibition notice was in relation to a failure to comply with an improvement notice—the licensee or registered owner has complied with the improvement notice; or
(ii)if the prohibition notice was in relation to a failure to comply with a safety duty—the licensee or registered owner has complied with the safety duty.
(2)The authorised person must give the licensee or registered owner written notice (a clearance notice) that the prohibition notice has ended and when the notice ends.
33KContravention of improvement notice and prohibition notice
(1)A person commits an offence if the person—
(a)is a licensee or a registered owner of a regulated radiation source; and
(b)is given an improvement notice; and
(c)fails to comply with the improvement notice.
Maximum penalty: 100 penalty units.
(2)A person commits an offence if the person—
(a)is a licensee or a registered owner of a regulated radiation source; and
(b)is given a prohibition notice; and
(c)fails to comply with the prohibition notice.
Maximum penalty: 400 penalty units.
Division 3.4 Disciplinary action
Grounds for disciplinary action
(1)Each of the following is a ground for disciplinary action against a licensee:
(a)the licensee gave information to the chief health officer in relation to the application for, or an application for amendment of, the licensee’s licence that was false or misleading in a material particular;
(b)the licensee has contravened, or is contravening, this Act, whether or not the licensee has been convicted or found guilty of an offence for the contravention;
(c)the licensee has contravened, or is contravening, a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory, whether or not the licensee has been convicted or found guilty of an offence for the contravention.
(2)Each of the following is a ground for disciplinary action against a registered owner of a regulated radiation source:
(a)the registered owner gave information to the chief health officer in relation to the application for, or an application for amendment of, the registration of the radiation source that was false or misleading in a material particular;
(b)the registered owner has contravened, or is contravening, this Act, whether or not the registered owner has been convicted or found guilty of an offence for the contravention;
(c)the registered owner has contravened, or is contravening, a territory law (other than this Act) or a law of the Commonwealth, a State or another Territory, whether or not the registered owner has been convicted or found guilty of an offence for the contravention.
Disciplinary action
(1)Each of the following is disciplinary action when taken against a person who is a licensee:
(a)reprimanding the person;
(b)requiring the person to complete a stated course of training to the satisfaction of the chief health officer or another stated person;
(c)amending the licence, including by imposing a condition on the licence or amending an existing condition of the licence;
(d)suspending the licence, or a particular authorised dealing under the licence—
(i)for a stated period; or
(ii)until the person completes a stated course of training to the satisfaction of the chief health officer or someone else; or
(iii)until a stated event happens;
(e)cancelling the licence;
(f)cancelling the licence and disqualifying the person from applying for a licence, or a particular kind of licence in relation to a radiation source—
(i)for a stated period; or
(ii)until the person completes a stated course of training to the satisfaction of the chief health officer or someone else; or
(iii)until a stated event happens.
(2)Each of the following is disciplinary action when taken against a person who is the registered owner of a radiation source:
(a)reprimanding the person;
(b)requiring the person to complete a stated course of training to the satisfaction of the chief health officer or another stated person;
(c)amending the registration, including by imposing a condition on the registration or amending an existing condition of the registration;
(d)suspending the registration—
(i)for a stated period; or
(ii)until the person completes a stated course of training to the satisfaction of the chief health officer or someone else; or
(iii)until a stated event happens;
(e)cancelling the registration;
(f)cancelling the registration and disqualifying the person from applying for a registration, or registration of a particular kind of radiation source—
(i)for a stated period; or
(ii)until the person completes a stated course of training to the satisfaction of the chief health officer or someone else; or
(iii)until a stated event happens.
Taking disciplinary action
(1)If the chief health officer proposes to take disciplinary action in relation to a person, the chief health officer must give the person a written notice (a disciplinary notice) that—
(a)states the proposed action (including any proposed disqualification period, suspension period or amendment of a licence); and
(b)states the grounds for the proposed action; and
(c)tells the person that the person may, not later than 14 days after the day the person receives the notice, give a written response to the chief health officer about the notice.
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(2)In deciding whether to take disciplinary action, the chief health officer must consider any response given to the chief health officer by the person in accordance with the notice.
(3)The chief health officer may take the proposed disciplinary action in relation to the person if satisfied that—
(a)a ground for taking disciplinary action has been established in relation to a person; and
(b)if the ground is a ground mentioned in section 34 (1) (c) or (2) (c)—it is in the public interest for the proposed disciplinary action to be taken in relation to the person.
(4)The chief health officer must give the person written notice of the chief health officer’s decision.
(5)Disciplinary action under this section takes effect 14 days after the day when the notice of the decision is given to the person or, if the notice states a later date of effect, that date.
NoteFor the return of the licence to the chief health officer, see s 40.
Immediate suspension of licence or registration
(1)This section applies if the chief health officer has given, or is considering whether to give, a disciplinary notice to a licensee or registered owner of a regulated radiation source on a ground on which disciplinary action may be taken against the licensee or registered owner (the relevant disciplinary ground).
(2)The chief health officer may give the licensee or registered owner a written notice (an immediate suspension notice) suspending the licence, a particular authorised dealing under the licence or the registration on the relevant disciplinary ground.
Note 1Authorised dealing is defined in the dictionary.
Note 2For how documents may be given, see the Legislation Act, pt 19.5.
(3)However, the chief health officer may give the licensee or registered owner an immediate suspension notice on the relevant disciplinary ground only if—
(a)the chief health officer has taken into account the circumstances leading to the decision to give or consider giving the disciplinary notice; and
(b)the chief health officer believes, on reasonable grounds, that it is in the public interest that the licence, authorised dealing or registration be suspended before a decision is made whether or not to take disciplinary action against the licensee under section 36 on the relevant disciplinary ground.
(4)If an immediate suspension notice is given to the licensee or registered owner, the suspension takes effect when the notice is given to the licensee or registered owner.
NoteFor the return of the licence to the chief health officer, see s 40.
(5)If the licensee or registered owner is given an immediate suspension notice but has not been given a disciplinary notice on the relevant disciplinary ground, the chief health officer must, as soon as possible, give a disciplinary notice to the licensee or registered owner or tell the licensee or registered owner in writing that a disciplinary notice will not be given to the licensee or registered owner in relation to that ground.
(6)The immediate suspension notice ends when the earliest of the following happens:
(a)if the licence or registration is cancelled or suspended under section 36, or a particular authorised dealing is suspended under that section on the relevant disciplinary ground—the cancellation or suspension takes effect;
(b)if a condition is imposed on the licence or registration, or an existing condition of the licence or registration is amended, under section 36 on the relevant disciplinary ground—the condition or amended condition takes effect;
(c)the person is given written notice under section 36 (4) of the decision in relation to the relevant disciplinary ground;
(d)the period of 8 weeks after the suspension under the notice takes effect ends.
Effect of suspension of licence or dealing
(1)If a licence is suspended, the licence does not authorise the licensee to carry on any activity under the licence during the suspension.
(2)If an authorised dealing under a licence is suspended, the licence—
(a)does not authorise the licensee to carry out that dealing under the licence during the suspension; and
(b)is taken to be amended under this part to the extent necessary to give effect to the suspension.
Effect on licensee of suspension of registration
If the registration of a regulated radiation source is suspended, a person who holds a licence to deal with the radiation source is taken not to hold a licence to deal with the radiation source in any way (other than possessing the radiation source) during the suspension.
Return of amended, suspended or cancelled licences
(1)A licensee commits an offence if—
(a)the licensee’s license is—
(i)amended under section 22 (Amendment of licence by chief health officer); or
(ii)amended under section 23 (Amendment of licence on application); or
(iii)cancelled under section 24 (Automatic cancellation of licence); or
(iv)amended, suspended or cancelled under this division; and
(b)the licensee fails to return the licence to the chief health officer as soon as practicable (but not later than 7 days) after the day the licensee is told about the chief health officer’s action.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Action by chief health officer in relation to amended, suspended or cancelled licence
(1)If a licence that is amended under this part is returned to the chief health officer, the chief health officer must—
(a)amend the licence and return it to the licensee; or
(b)give the licensee a replacement licence that includes the amendment.
NoteA licence is taken to be amended if an authorised dealing under the licence is suspended (see s 38 (2)).
(2)If a licence is suspended under this part and the suspension ends before the end of the term of the licence, the chief health officer must return the licence to the licensee.
Division 3.5 Abandoning a radiation source
Prohibition on abandoning radiation source
A person must not abandon a regulated radiation source.
Maximum penalty: 1 000 penalty units, 3 years imprisonment or both.
Procedure if radiation source abandoned
(1)If the chief health officer believes, on reasonable grounds, that a regulated radiation source has been abandoned, the chief health officer—
(a)may direct an authorised person to take possession of the radiation source; or
(b)may ask someone else to take possession and dispose of the radiation source.
(2)If an authorised person takes possession of a regulated radiation source under subsection (1) (a), the authorised person may do 1 or more of the following:
(a)keep possession of the radiation source until legal proceedings against a person in relation to the abandonment are finally dealt with;
(b)destroy the radiation source;
(c)otherwise make the radiation source harmless;
(d)dispose of the radiation source.
(3)If a person is asked under subsection (1) (b) to take possession and dispose of a regulated radiation source, the person—
(a)may, but is not required to, take possession of the radiation source and, if the person does so, must dispose of it in a way approved by the chief health officer; and
(b)is taken to hold a licence in relation to the radiation source that authorises the person to dispose of it and to possess, store and transport it for that purpose.
Person abandoning radiation source liable for recovery costs
A person who abandons a regulated radiation source is liable for the reasonable costs incurred by the Territory or anyone else in taking action under section 43.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Division 3.6 Disposal of prohibited radiation source
Disposal etc of prohibited radiation source
(1)The chief health officer may—
(a)direct an authorised person to take possession of a prohibited radiation source; or
(b)may ask someone else to take possession and dispose of a prohibited radiation source.
(2)If an authorised person takes possession of a prohibited radiation source under subsection (1) (a) the authorised person may do 1 or more of the following:
(a)keep possession of the radiation source until legal proceedings against a person in relation to possessing the radiation source are finally dealt with;
(b)destroy the radiation source;
(c)otherwise make the radiation source harmless;
(d)dispose of the radiation source.
(3)If a person is asked under subsection (1) (b) to take possession and dispose of a prohibited radiation source, the person—
(a)may, but is not required to, take possession of the radiation source and if the person does so, must dispose of it in a way approved by the chief health officer; and
(b)may possess, store and transport the radiation source for that purpose.
Person in possession of prohibited radiation source liable for disposal costs
A person from whom possession of a prohibited radiation source is taken by an authorised officer or anyone else under section 45 (Disposal etc of prohibited radiation source) is liable for the reasonable costs incurred by the Territory or anyone else in disposing of the prohibited radiation source.
NoteAn amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).
Division 3.7 Emergency powers
46AEmergency exemption
(1)The Minister may exempt a person orally or in writing from a requirement under this Act for a continuous period not longer than 12 months.
(2)An exemption under this section may only be made if the Minister is satisfied on reasonable grounds that the exemption is necessary to minimise a serious or immediate risk to—
(a)the health or safety of people; or
(b)property; or
(c)the environment.
(3)If an exemption is made orally, the Minister must, as soon as practicable—
(a)make a written record of the exemption not later than 1 business day after the day the Minister makes the exemption; and
(b)give a copy of the exemption to the person.
Emergency orders
(1)The Minister may, in writing, make an order (an emergency order) if the Minister believes, on reasonable grounds, that the order is necessary to prevent or minimise a risk arising from a radiation incident.
NoteThe power to make an instrument includes the power to amend or repeal the instrument (see Legislation Act, s 46).
(2)An emergency order may authorise the director‑general to do 1 or more of the following:
(a)require a person to enter, not to enter or to leave a place;
(b)subject to subsection (3), authorise the detention of a person;
(c)require a person to undergo a decontamination procedure;
(d)require the owner or occupier of a place to decontaminate the place;
(e)require the disposal or destruction of a radiation source or anything that has been affected or contaminated by radiation and state how the disposal or destruction must be done;
(f)make any other requirement necessary to protect the health or safety of people or to prevent damage to property or the environment.
(3)An order may only authorise the detention of a person—
(a)for reasonable testing to decide whether, because of the radiation incident, the person has been contaminated and poses a serious risk to the health or safety of anyone else or of the safety of anyone else’s property or the environment; and
(b)if the person is contaminated and poses a serious risk to the health or safety of anyone else or of the safety of anyone else’s property or the environment—to prevent the person contaminating anyone else, anyone else’s property or the environment.
(4)A person commits an offence if the person fails to take all reasonable steps to comply with a requirement made of the person under subsection (2).
Maximum penalty: 50 penalty units.
(5)In this section:
radiation incident means an incident or event that results, or may result, in a risk of serious harm to the health or safety of people, or substantial damage to property or the environment, from the emission of radiation from a radiation source.
Compensation—emergency orders
(1)A person who suffers loss because of an act or omission of the director‑general under section 47 (Emergency orders) is entitled to be paid reasonable compensation by the Territory for the loss.
(2)Compensation is not payable to a person for a loss to the extent—
(a)of any amount recovered or recoverable by the person under a policy of insurance; or
(b)that the conduct of the person contributed to the loss.
(3)Compensation is not payable to a person for a loss if the loss would have arisen despite the act or omission.
(4)The person may apply, in writing, to the Minister for compensation.
NoteIf a form is approved under s 121 for an application, the form must be used.
(5)The application must state particulars of the loss, the amount claimed and the basis for the amount claimed.
Minister’s decision on claim for compensation
(1)This section applies if a person applies to the Minister under section 48 for compensation.
(2)If the Minister is satisfied that the person is entitled to compensation, the Minister must give the person a written notice setting out—
(a)an offer to pay the person the amount of compensation to which the Minister considers the claimant is entitled; and
(b)an explanation of how the amount was worked out.
(3)If the Minister is not satisfied that the person is entitled to compensation, the Minister must give the person a written notice telling the person that the Minister is not satisfied that the person is entitled to compensation.
(4)If, at the end of 28 days after the day the application is made to the Minister, the Minister has not given the person a notice under subsection (2) or (3), the Minister is taken to have decided the person is not entitled to be paid compensation.
Acceptance or rejection of offer of compensation
(1)A person to whom an offer has been made under section 49 (2) (a) may, in writing—
(a)accept the offer; or
(b)reject the offer.
(2)If the person accepts the offer, the Territory must pay the amount to the person.
Recovery of compensation in court
If the Territory and the person to whom compensation is payable under section 48 (Compensation—emergency orders) do not agree on the amount of compensation, the person may, by proceeding in a court of competent jurisdiction, recover from the Territory the reasonable compensation that the court decides.
Part 4Offences
NoteThe Environment Protection Act 1997, div 15.1, creates offences in relation to polluting the environment. Under that Act, pollutant includes radioactivity, light or other electromagnetic radiation.
Meaning of safety duty
In this Act:
safety duty means a duty under any of the following provisions:
· section 12 (General duty to ensure no harm)
· section 13 (Radiation exposure)
· section 14 (Diagnostic or therapeutic procedures).
Failure to comply with safety duty—general offence
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty.
Maximum penalty: 100 penalty units.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Failure to comply with safety duty—exposing people to substantial risk of death or serious harm
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty; and
(c)the failure exposes anyone to a substantial risk of death or serious harm; and
(d)the person either—
(i)was reckless about whether the failure would expose anyone to a substantial risk of death or serious harm; or
(ii)was negligent about whether the failure would expose anyone to a substantial risk of death or serious harm.
Maximum penalty: 1 500 penalty units, 5 years imprisonment or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Failure to comply with safety duty—causing death or serious harm to people
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty; and
(c)the failure causes the death of or serious harm to anyone; and;
(d)the person either—
(i)was reckless about whether the failure would cause the death of or serious harm to anyone; or
(ii)was negligent about whether the failure would cause the death of or serious harm to anyone.
Maximum penalty: 2 000 penalty units, 7 years imprisonment or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage
(1)A person commits an offence if—
(a)the person is required to comply with a safety duty; and
(b)the person fails to comply with the safety duty; and
(c)the failure exposes property or the environment to a substantial risk of substantial damage; and
(d)the person either—
(i)was reckless about whether the failure would expose property or the environment to a substantial risk of substantial damage; or
(ii)was negligent about whether the failure would expose property or the environment to a substantial risk of substantial damage.
Maximum penalty: 1 000 penalty units, 3 years imprisonment or both.
(2)Absolute liability applies to subsection (1) (a).
(3)Strict liability applies to subsection (1) (b).
Alternative verdicts for failure to comply with safety duties
(1)This section applies if, in a prosecution for an offence for a failure to comply with a safety duty, the trier of fact—
(a)is not satisfied beyond reasonable doubt that the defendant is guilty of the offence; but
(b)is satisfied beyond reasonable doubt that the defendant is guilty of an alternative offence.
(2)The trier of fact may find the defendant guilty of the alternative offence, but only if the defendant has been given procedural fairness in relation to the finding of guilt.
(3)In this section:
alternative offence, for an offence mentioned in table 57, column 2, means an offence mentioned in column 3 for the offence.
Table 57Alternative verdicts
| column 1 item | column 2 prosecuted offence | column 3 alternative offence |
| 1 | section 53 (which is about failing to comply with a safety duty) | section 58 (Failure to comply with condition of licence) section 61 (Failure to comply with condition of registration of radiation source) |
| 2 | section 54 (which is about exposing a person to a substantial risk of death or serious harm) | section 53 (which is about failing to comply with a safety duty) section 58 (Failure to comply with condition of licence) section 61 (Failure to comply with condition of registration of radiation source) |
| 3 | section 55 (which is about causing death or serious harm to a person) | section 53 (which is about failing to comply with a safety duty) section 54 (which is about exposing a person to a substantial risk of death or serious harm) section 58 (Failure to comply with condition of licence) section 61 (Failure to comply with condition of registration of radiation source) |
| 4 | section 56 (which is about exposing property or the environment to substantial risk of substantial damage) | section 53 (which is about failing to comply with a safety duty) section 58 (Failure to comply with condition of licence) section 61 (Failure to comply with condition of registration of radiation source) |
Failure to comply with condition of licence
(1)A licensee commits an offence if—
(a)the licensee’s licence is subject to a condition; and
(b)the licensee fails to comply with a requirement of the condition.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
Dealing with regulated radiation source without licence
(1)A person commits an offence if—
(a)the person intentionally deals with a regulated radiation source; and
(b)the dealing by the person is not authorised under a licence in relation to the radiation source; and
(c)the person knows that the dealing by the person is not authorised under a licence in relation to the radiation source.
Maximum penalty: 1 000 penalty units, 2 years imprisonment or both.
(2)A person commits an offence if—
(a)the person deals with a regulated radiation source; and
(b)the dealing by the person is not authorised under a licence in relation to the radiation source; and
(c)the person, in dealing with the radiation source is negligent about whether—
(i)the radiation source is a regulated radiation source; or
(ii)the dealing by the person is not authorised under a licence in relation to the radiation source.
Maximum penalty: 500 penalty units, 1 year imprisonment or both.
(3)A person commits an offence if—
(a)the person deals with a regulated radiation source; and
(b)the dealing by the person is not authorised under a licence in relation to the radiation source.
Maximum penalty: 50 penalty units.
(4)Strict liability applies to subsection (3) (b).
(5)Subsection (6) applies if—
(a)in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against subsections (2) or (3) (the alternative offence); or
(b)in a prosecution for an offence against subsection (1), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against subsection (3) (also the alternative offence).
(6)The trier of fact may find the defendant guilty of the alternative offence but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Owning unregistered radiation source
(1)A person commits an offence if—
(a)the person owns a regulated radiation source; and
(b)the person fails to apply to register the radiation source not later than 7 days after the day the person acquires ownership.
Maximum penalty: 50 penalty units.
(2)A person does not commit an offence against subsection (1) if—
(a)the person manufactures the radiation source; and
(b)the person is authorised under a licence to manufacture the radiation source; and
(c)the person owns the radiation source for a period of not longer than 90 days after the day the manufacture of the radiation source is completed.
(3)An offence against this section is a strict liability offence.
60ADealing with unregistered radiation source
(1)A person commits an offence if—
(a)the person owns a regulated radiation source; and
(b)the regulated radiation source is not registered under section 26; and
(c)another person deals with the unregistered radiation source; and
(d)the dealing by the other person is not authorised under the other person’s licence in relation to the unregistered radiation source.
Maximum penalty: 100 penalty units.
(2)It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to prevent the unregistered radiation source from being dealt with by a person not authorised under a licence to deal with the radiation source.
NoteThe defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
Failure to comply with condition of registration of radiation source
(1)A registered owner of a regulated radiation source commits an offence if—
(a)the registration of the radiation source is subject to a condition; and
(b)the registered owner fails to comply with a requirement of the condition.
Maximum penalty: 100 penalty units.
(2)An offence against this section is a strict liability offence.
Dealings with prohibited radiation source
(1)A person commits an offence if the person intentionally deals with a prohibited radiation source.
Maximum penalty: 2000 penalty units, 7 years imprisonment or both.
(2)This section does not apply to any action in accordance with section 45 (Disposal etc of prohibited radiation source).
62AFailure to notify chief health officer of disposal of radiation source
(1)A person commits an offence if—
(a)the person owns a regulated radiation source; and
(b)the regulated radiation source is disposed of; and
(c)the person does not tell the chief health officer, in writing, about the disposal within 14 days after the day the radiation source is disposed of.
Maximum penalty: 50 penalty units.
(2)Strict liability applies to subsection (1) (c).
(3)In this section:
dispose, of a regulated radiation source, includes—
(a)sell the radiation source; or
(b)transfer the radiation source; or
(c)make the radiation source permanently inoperable.
Failure to notify chief health officer of dangerous event
(1)A person commits an offence if—
(a)the person possesses a radiation source; and
(b)a dangerous event happens in relation to the radiation source; and
(c)the person knows the dangerous event happened; and
(d)the person fails to tell the chief health officer immediately about the dangerous event.
Maximum penalty: 200 penalty units.
(2)A person commits an offence if—
(a)the person possesses a radiation source; and
(b)a dangerous event happens in relation to the radiation source; and
(c)the person fails to give the chief health officer the information the chief health officer reasonably requires about the dangerous event.
Maximum penalty: 50 penalty units.
Examples for par (c)
1 the location of the dangerous event
2 the radiation source involved in the dangerous event
(3)In this section:
dangerous event means an event prescribed by regulation to be a dangerous event.
Criminal liability of executive officers
(1)An executive officer of a corporation commits an offence if—
(a)the corporation commits a relevant offence; and
(b)the officer was reckless about whether the relevant offence would be committed; and
(c)the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and
(d)the officer failed to take reasonable steps to prevent the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual.
(2)In deciding whether the executive officer took (or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):
(a)that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;
(b)that the corporation implements any appropriate recommendation arising from such an assessment;
(c)that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;
(d)any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.
(3)Subsection (2) does not limit the matters the court may consider.
(4)Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).
(5)This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.
(6)In this section:
relevant offence means an offence against any of the following:
(a)section 42 (Prohibition on abandoning radiation source);
(b)section 53 (Failure to comply with safety duty—general offence);
(c)section 54 (Failure to comply with safety duty—exposing people to substantial risk of death or serious harm);
(d)section 55 (Failure to comply with safety duty—causing death or serious harm to people);
(e)section 56 (Failure to comply with safety duty—exposing property or environment to substantial risk of substantial damage);
(f)section 58 (Failure to comply with condition of licence);
(g)section 59 (1) and (2) (Dealing with regulated radiation source without licence);
(h)section 61 (Failure to comply with condition of registration of radiation source);
(i)section 62 (Dealings with prohibited radiation source);
(j)section 63 (1) (Failure to notify chief health officer of dangerous event).
Determination of fees
(1)The Minister may determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)A regulation may apply, adopt or incorporate an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
Note 3A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
(3)A regulation may create offences and fix maximum penalties of not more than 20 penalty units for the offences.
Regulations may exempt people, radiation sources etc
(1)A regulation may exempt a person, a radiation source or a dealing with a radiation source from this Act.
NoteA reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).
(2)An exemption may be conditional.
Regulations may impose conditions to licensing and registration regimes
A regulation may impose conditions, including restrictions, on radiation licenses and the registration of regulated radiation sources to protect the public or the public interest.
Schedule 1Reviewable decisions
(see pt 7)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 17 (1) (b) | refuse to issue licence | applicant for licence |
| 2 | 19 (a) | impose condition on licence | licensee |
| 3 | 22 (1) | amend licence | licensee |
| 4 | 23 (5) (b) | refuse to amend licence | applicant for amendment |
| 5 | 25 (4) | require applicant to amend radiation management plan | applicant for registration |
| 6 | 26 (1) (b) | refuse to register regulated radiation source | applicant for registration |
| 7 | 28 (1) (a) | impose condition on registration of regulated radiation source | registered owner |
| 8 | 31 (1) | amend registration | registered owner |
| 9 | 32 (5) (b) | refuse to amend registration | applicant for amendment |
| 10 | 33F (3) | require registered owner to amend radiation management plan | registered owner |
| 11 | 36 | take disciplinary action | licensee |
Dictionary
(see s 5)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· ACT
· bankrupt or personally insolvent
· business day
· chief health officer
· director‑general (see s 163)
· doctor
· environment protection authority
· exercise
· found guilty
· function
· health practitioner
· public servant
· reviewable decision notice
· territory law
· the Territory
· under
· work health and safety commissioner.
advisory committee means the Radiation Advisory Committee established under section 65.
approved code of practice means a code of practice approved under section 116.
at premises includes in or on the premises.
authorised dealing, for a licence, means a dealing with a radiation source that is authorised under the licence.
authorised person means a person who is appointed as an authorised person under section 89.
cause death or serious harm to a person means substantially contribute directly or indirectly to the death or harm.
clearance notice—see section 33J (2).
compliance period, for an improvement notice—see section 33G (1) (iv).
connected, for part 6 (Enforcement)—see section 88.
corresponding law means a law of the Commonwealth or a State corresponding, or substantially corresponding, to this Act.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).
deals with a radiation source—see section 11.
disciplinary action—
(a)taken against a licensee—see section 35 (1); and
(b)taken against a registered owner—see section 35 (2).
disciplinary notice—see section 36.
dispose, of a radiation source, includes—
(a)bury the radiation source; and
(b)for a radiation source that is a liquid or gas—release the radiation source; and
(c)for a radiation facility—decommission the facility.
dose limit means a dose limit prescribed by regulation.
emergency order—see section 47.
environment includes the built and natural environment.
examine includes inspect, weigh, count, test and measure.
executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
ground, for disciplinary action—see section 34.
immediate suspension notice—see section 37 (2).
improvement notice—see section 33F (2).
incorporated document means—
(a)the national directory; or
(b)an instrument applied, adopted or incorporated by a statutory instrument under this Act.
Note 1A statutory instrument includes a subordinate law or a disallowable instrument (see Legislation Act, s 13).
Note 2A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).
influential person, for a corporation, means—
(a)an executive officer of the corporation; or
(b)a person who may exercise a relevant power in relation to the corporation; or
(c)a related corporation; or
(d)an executive officer of a related corporation.
ionising radiation—see section 8 (2).
licence means a licence issued under section 17 (1).
licensee means a person issued with a licence under section 17.
manufacture a radiation source or anything else includes—
(a)make, remake, alter, break-up, process, recondition or treat the thing; and
(b)change the thing in a way that affects its properties or performance.
national directory means the national directory for radiation protection published by the Australian Radiation Protection and Nuclear Safety Agency as in force from time to time.
non-ionising radiation—see section 8 (3).
occupier, of premises, for part 6 (Enforcement)—see section 88.
offence, for part 6 (Enforcement)—see section 88.
premises includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.
prohibited radiation source—see section 10.
prohibition notice—see section 33H (2).
radiation—see section 8 (1).
radiation apparatus—see section 9 (3).
radiation facility—see section 9 (4).
radiation management plan, for a regulated radiation source—see section 33B.
radiation safety officer, for a radiation management plan—see section 33D.
radiation source—see section 9 (1).
radioactive material—see section 9 (5).
registered owner, of a regulated radiation source—see section 27 (2).
regulated radiation source—see section 10.
related corporation means a related body corporate under the Corporations Act.
relevant power, for a corporation, means a power to—
(a)take part in a directorial, managerial or executive decision for the corporation; or
(b)elect or appoint a person as an executive officer in the corporation; or
(c)significantly influence the conduct of the corporation.
reviewable decision, for part 7 (Notification and review of decisions)—see section 111.
safety duty—see section 52.
serious harm, to a person—see the Criminal Code, dictionary.
use a radiation source includes—
(a)use radiation emitted from the radiation source; and
(b)if the radiation source is radioactive material—administer to, or inject or implant the material into, a person, animal, plant or thing; and
(c)cause the radiation source to emit radiation.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Radiation Protection Act 2006 A2006-33
notified LR 31 August 2006
s 1, s 2 commenced 31 August 2006 (LA s 75 (1))
remainder commenced 1 July 2007 (s 2 (3))as modified by
Radiation Protection Regulation 2007 SL2007-18 (as am by SL2007‑21)
notified LR 6 July 2007
s 1, s 2 commenced 6 July 2007 (LA s 75 (1))
remainder commenced 7 July 2007 (LA s 73 (3))Radiation Protection Amendment Regulation 2007 (No 1) SL2007-21
notified LR 2 August 2007
s 1, s 2 commenced 2 August 2007 (LA s 75 (1))
remainder commenced 3 August 2007 (s 2)NoteThis regulation only amends the Radiation Protection Regulation 2007 SL2007-18.
as amended by
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.47
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.47 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.87
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))sch 1 pt 1.87 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Work Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.10
notified LR 9 September 2009
s 1, s 2 commenced 9 September 2009 (LA s 75 (1))
sch 2 pt 2.10 commenced 1 October 2009 (s 2 and see Work Safety Act 2008 A2008-51, s 2 (1) (b) and CN2009-11)Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.18
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))sch 2 pt 2.18 commenced 1 July 2010 (s 2 (1) (a))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.130
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.130 commenced 1 July 2011 (s 2 (1))
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.6, sch 3 pt 3.46
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))sch 1 pt 1.6, sch 3 pt 3.46 commenced 12 December 2011 (s 2)
Work Health and Safety (Consequential Amendments) Act 2011 A2011‑55 sch 1 pt 1.10
notified LR 14 December 2011
s 1, s 2 commenced 14 December 2011 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 January 2012 (s 2 and see Work Health and Safety Act 2011 A2011-35, s 2 and CN2011-12)Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.8
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 1 pt 1.8 commenced 22 February 2013 (s 2)Statute Law Amendment Act 2014 (No 2) A2014‑44 sch 3 pt 3.8
notified LR 5 November 2014
s 1, s 2 commenced 5 November 2014 (LA s 75 (1))sch 3 pt 3.8 commenced 19 November 2014 (s 2)
Veterinary Surgeons Act 2015 A2015‑29 sch 2 pt 2.11
notified LR 20 August 2015
s 1, s 2 commenced 20 August 2015 (LA s 75 (1))sch 2 pt 2.11 commenced 1 December 2015 (s 2 (1) and CN2015-22)
Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.15
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))
sch 3 pt 3.15 commenced 21 December 2018 (s 2 and CN2018-12)Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.32
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.32 commenced 23 October 2018 (s 2 (4))Statute Law Amendment Act 2018 A2018-42 sch 3 pt 3.27
notified LR 8 November 2018
s 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))
sch 3 pt 3.27 commenced 22 November 2018 (s 2 (1))Statute Law Amendment Act 2019 A2019-42 sch 3 pt 3.22
notified LR 31 October 2019
s 1, s 2 commenced 31 October 2019 (LA s 75 (1))
sch 3 pt 3.22 commenced 14 November 2019 (s 2 (1))Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.20
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.20 commenced 6 April 2022 (s 2)Radiation Protection Amendment Act 2022 A2022-12 pt 2
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
pt 2 commenced 10 September 2022 (s 2)Amendment history
Commencement
s 2om LA s 89 (4)
Radiation protection principle
s 4am A2022‑12 s 5
Meaning of deal with radiation source
s 11am A2022‑12 s 6; pars renum R21 LA
Radiation exposure
s 13am A2022‑12 s 7
Diagnostic or therapeutic procedures
s 14am A2022‑12 s 7, s 8
Licenses
div 3.2 hdgsub A2022‑12 s 9
Application for licence
s 16sub A2022‑12 s 9
Decision about licence application
s 17am A2019‑42 amdt 3.102; pars renum R19 LA
sub A2022‑12 s 9
Suitable person to hold licence
s 17Ains A2022‑12 s 9
Form of licence
s 18sub A2022‑12 s 9
Licence conditions
s 19sub A2022‑12 s 9
Term of licence
s 20sub A2022‑12 s 9
Offence—fail to update name or address
s 21sub A2022‑12 s 9
Amendment of licence by chief health officer
s 22sub A2022‑12 s 9
Amendment of licence on application
s 23sub A2022‑12 s 9
Automatic cancellation of licence
s 24sub A2022‑12 s 9
Registration of radiation sources
div 3.3 hdgsub A2022‑12 s 9
Application for registration of radiation source
s 25sub A2022‑12 s 9
Decision about radiation source registration application
s 26am A2019‑42 amdt 3.103
sub A2022‑12 s 9
Suitable person to own registered regulated radiation source
s 26Ains A2022‑12 s 9
Form of registration
s 27sub A2022‑12 s 9
Registration conditions
s 28sub A2022‑12 s 9
Term of registration
s 29sub A2022‑12 s 9
Registered owner must update details
s 30sub A2022‑12 s 9
Amendment of registration by chief health officer
s 31sub A2022‑12 s 9
Amendment of registration on application
s 32sub A2022‑12 s 9
Automatic cancellation of registration
s 33sub A2022‑12 s 9
Radiation register
div 3.3A hdg ins A2022‑12 s 9
Radiation register
s 33Ains A2022‑12 s 9
Radiation management plan
div 3.3B hdgins A2022‑12 s 9
Meaning of radiation management plan
s 33Bins A2022‑12 s 9
Radiation management plan
s 33Cins A2022‑12 s 9
Meaning of radiation safety officer
s 33Dins A2022‑12 s 9
Qualifications of radiation safety officer
s 33Eins A2022‑12 s 9
Improvement notices and prohibition notices
div 3.3C hdgins A2022‑12 s 9
Improvement notices
s 33Fins A2022‑12 s 9
Contents of improvement notices
s 33Gins A2022‑12 s 9
Prohibition notices
s 33Hins A2022‑12 s 9
Contents of prohibition notices
s 33Iins A2022‑12 s 9
Clearance notices
s 33Jins A2022‑12 s 9
Contravention of improvement notice and prohibition notice
s 33Kins A2022‑12 s 9
Grounds for disciplinary action
s 34am A2022‑12 s 29
Disciplinary action
s 35am A2022‑12 s 29
Taking disciplinary action
s 36am A2014‑44 amdt 3.38; A2022‑12 s 29
Immediate suspension of licence or registration
s 37am A2014‑44 amdt 3.39; A2022‑12 s 29
Return of amended, suspended or cancelled licences
s 40am A2022‑12 s 10, s 29
Action by chief health officer in relation to amended, suspended or cancelled licence
s 41 hdgam A2022‑12 s 29
s 41am A2022‑12 s 29
Procedure if radiation source abandoned
s 43am A2014‑44 amdt 3.40; A2022‑12 s 29
Person abandoning radiation source liable for recovery costs
s 44am A2011‑52 amdt 3.176
Disposal etc of prohibited radiation source
s 45am A2014‑44 amdt 3.40; A2022‑12 s 11, s 29
Person in possession of prohibited radiation source liable for disposal costs
s 46am A2011‑52 amdt 3.177
Emergency exemption
s 46Ains A2022‑12 s 12
Emergency orders
s 47am A2011‑22 amdt 1.374; A2014‑44 amdt 3.40
Compensation—emergency orders
s 48am A2011‑22 amdt 1.374
Dealing with unregistered radiation source
s 60Ains A2022‑12 s 13
Failure to notify chief health officer of disposal of radiation source
s 62Ains A2022‑12 s 14
Failure to notify chief health officer of dangerous event
s 63 hdgam A2022‑12 s 29
s 63am A2022‑12 s 15, s 29
Criminal liability of executive officers
s 64sub A2013-4 amdt 1.9
am A2022‑12 s 16, s 29
Radiation advisory committee
pt 5 hdgsub A2022‑12 s 17
Radiation council
div 5.1 hdgom A2022‑12 s 17
Establishment of advisory committee
s 65sub A2022‑12 s 17
Advisory committee—functions
s 66sub A2022‑12 s 17
Advisory committee—membership
s 67sub A2022‑12 s 17
Council members
div 5.2 hdgom A2022‑12 s 17
Advisory committee—ending members’ appointments
s 68am A2010‑10 amdt 2.112; A2022-4 amdt 1.74
sub A2022‑12 s 17
Advisory committee—procedures
s 69sub A2022‑12 s 17
Advisory committee—quorum at meetings
s 70am A2014‑44 amdt 3.41
sub A2022‑12 s 17
Advisory committee—disclosure of member interests
s 71am A2011‑52 amdt 1.9
sub A2022‑12 s 17
Functions of council members
div 5.3 hdgom A2022‑12 s 17
Advisory committee—reporting of disclosed interests to Minister
s 72sub A2022‑12 s 17
Advisory committee—radiation protection reports
s 73sub A2022‑12 s 17
Honesty, care and diligence of council members
s 74om A2022‑12 s 17
Conflicts of interest by council members
s 75om A2022‑12 s 17
Agenda to require disclosure of interest item
s 76om A2022‑12 s 17
Disclosure of interests by council members
s 77am A2013-4 amdt 1.10
om A2022‑12 s 17
Reporting of disclosed interests to Minister
s 78am A2022-4 amdt 1.75, amdt 1.76
om A2022‑12 s 17
Protection of council members from liability
s 79om A2022‑12 s 17
Council proceedings
div 5.4 hdgom A2022‑12 s 17
Time and place of council meetings
s 80om A2022‑12 s 17
Presiding member at council meetings
s 81om A2022‑12 s 17
Quorum at council meetings
s 82om A2022‑12 s 17
Voting at council meetings
s 83om A2022‑12 s 17
Conduct of council meetings etc
s 84am A2008‑28 amdt 3.144
om A2022‑12 s 17
Reports to Minister on radiation protection issues
s 85om A2022‑12 s 17
Radiation register
div 5.5 hdgom A2022‑12 s 17
Radiation register
s 86om A2022‑12 s 17
Correction of register
s 87om A2022‑12 s 17
Appointment of authorised people
s 89am A2011‑22 amdt 1.374; A2014‑44 amdt 3.42
Identity cards
s 90am A2011‑22 amdt 1.374
Warrants—application made other than in person
s 97am A2018‑33 amdt 1.61, amdt 1.62
Moving things to another place for examination or processing under search warrant
s 102am A2014‑44 amdt 3.43
Return of things seized
s 104am A2011‑22 amdt 1.374
Forfeiture of seized things
s 105am A2011‑22 amdt 1.374
Application for order disallowing seizure
s 107am A2011‑22 amdt 1.374
Order for return of seized thing
s 108am A2011‑22 amdt 1.374
Notification and review of decisions
pt 7 hdgsub A2008‑37 amdt 1.416
Meaning of reviewable decision—pt 7
s 111sub A2008‑37 amdt 1.416
Reviewable decision notices
s 112sub A2008‑37 amdt 1.416
Applications for review
s 113sub A2008‑37 amdt 1.416
Communication or use of protected information
s 115am A2009‑28 amdt 2.25; A2010‑10 amdt 2.113; A2011‑22 amdt 1.374; A2011‑55 amdt 1.24; A2015‑29 amdt 2.90; A2018‑42 amdts 3.93-3.95; A2018‑32 amdt 3.56
sub A2022‑12 s 18
Codes of practice
s 116am A2014‑44 amdt 3.44
Notification of certain incorporated documents
s 117am A2011‑22 amdt 1.374; A2014‑44 amdt 3.45
Inspection of incorporated documents
s 118am A2011‑22 amdt 1.374
Evidentiary certificates
s 119am A2022‑12 s 19
Determination of fees
s 120am A2011‑52 amdt 3.178
Approved forms
s 121am A2011‑52 amdt 3.178
om A2022‑12 s 20
Regulation-making power
s 122am A2014‑44 amdt 3.46; A2022‑12 s 21
Review of Act
s 125exp 1 July 2017 (s 125 (2))
Consequential amendments and repeals
pt 9 hdgom LA s 89 (3)
Legislation amended—sch 1
s 126om LA s 89 (3)
Legislation repealed
s 127om LA s 89 (3)
Transitional
pt 10 hdgexp 1 July 2009 (s 132)
Definitions—pt 10
s 128exp 1 July 2009 (s 132)
Existing licences
s 129exp 1 July 2009 (s 132 (LA s 88 declaration applies))
Registration of radiation sources etc
s 130exp 1 July 2009 (s 132 (LA s 88 declaration applies))
Council members
s 130Ains as mod SL2007‑18 s 50 (as ins by SL2007‑21 s 4)
exp 1 January 2008 (s 130A (5))
Transitional regulations
s 131exp 1 July 2009 (s 132)
Expiry—pt 10
s 132exp 1 July 2009 (s 132)
Transitional—Radiation Protection Amendment Act 2022
pt 11 hdgins A2022‑12 s 22
exp 10 September 2023 (s 138)
Definitions—pt 11
s 133ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Radiation council members
s 134ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Radiation council—functions
s 135ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Radiation council disclosures and reporting of interests
s 136ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Transitional regulations
s 137ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Expiry—pt 11
s 138ins A2022‑12 s 22
exp 10 September 2023 (s 138)
Reviewable decisions
sch 1om LA s 89 (3)
ins A2008‑37 amdt 1.417
sub A2022‑12 s 23
Dictionary
dictam A2008‑37 amdt 1.418, amdt 1.419; A2009‑28 amdt 2.26; A2011‑22 amdt 1.375; A2011‑52 amdt 1.10; A2014‑44 amdt 3.47; A2022‑12 s 24
def advisory committee ins A2022‑12 s 25
def analysis om A2014‑44 amdt 3.48
def clearance notice ins A2022‑12 s 25
def compliance period ins A2022‑12 s 25
def corresponding law ins A2022‑12 s 25
def council om A2022‑12 s 26
def disciplinary action sub A2022‑12 s 27
def executive officer ins A2022‑12 s 28
def improvement notice ins A2022‑12 s 28
def incorporated document am A2014‑44 amdt 3.49, amdt 3.51
def incorporated document notice om A2014‑44 amdt 3.50
def influential person ins A2022‑12 s 28
def prohibition notice ins A2022‑12 s 28
def radiation management plan ins A2022‑12 s 28
def radiation safety officer ins A2022‑12 s 28
def related corporation ins A2022‑12 s 28
def relevant power ins A2022‑12 s 28
def reviewable decision sub A2008‑37 amdt 1.420
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
1 July 20071 July 2007–
2 Aug 2007not amended new Act R2
3 Aug 20073 Aug 2007–
1 Jan 2008not amended modification by SL2007‑18 as amended by SL2007‑21 R3
2 Jan 20082 Jan 2008–
25 Aug 2008not amended commenced expiry R4
26 Aug 200826 Aug 2008–
1 Feb 2009A2008‑28 amendments by A2008‑28 R5
2 Feb 20092 Feb 2009–
1 July 2009A2008‑37 amendments by A2008‑37 R6
2 July 20092 July 2009–
30 Sept 2009A2008‑37 commenced expiry R7
1 Oct 20091 Oct 2009–
30 June 2010A2009‑28 amendments by A2009‑28 R8
1 July 20101 July 2010–
30 June 2011A2010‑10 amendments by A2010‑10 R9
1 July 20111 July 2011–
11 Dec 2011A2011‑22 amendments by A2011‑22 R10
12 Dec 201112 Dec 2011–
31 Dec 2011A2011‑52 amendments by A2011‑52 R11
1 Jan 20121 Jan 2012–
21 Feb 2013A2011‑55 amendments by A2011‑55 R12
22 Feb 201322 Feb 2013‑
18 Nov 2014A2013‑4 amendments by A2013‑4 R13
19 Nov 201419 Nov 2014‑
30 Nov 2015A2014‑44 amendments by A2014‑44 R14
1 Dec 20151 Dec 2015‑
1 July 2017A2015‑29 amendments by A2015‑29 R15
2 July 20172 July 2017–
22 Oct 2018A2015‑29 expiry of provision (s 125) R16
23 Oct 201823 Oct 2018–
21 Nov 2018A2018‑33 amendments by A2018‑33 R17
22 Nov 201822 Nov 2018–
20 Dec 2018A2018-42 amendments by A2018-42 R18
21 Dec 201821 Dec 2018–
13 Nov 2019A2018‑42 amendments by A2018-32 R19
14 Nov 201914 Nov 2019–
5 Apr 2022A2019‑42 amendments by A2019‑42 R20
6 Apr 20226 Apr 2022–
9 Sept 2022A2022‑4 amendments by A2022‑4 R21
10 Sept 202210 Sept 2022–
10 Sept 2023A2022‑12 amendments by A2022‑12
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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