Radiation Protection and Control Regulations 2022 (SA)
South Australia
under the
These regulations may be cited as the
Radiation Protection and Control Regulations 2022 .
These regulations come into operation on the day on which the
Radiation Protection and Control Act 2021 comes into operation.
(1) In these regulations—
absorbed dose , of ionising radiation, means a fundamental dose quantity representing the mean energy imparted to matter by ionising radiation in a volume element and per unit mass of matter in that volume element;
accredited exercise physiologist means a person who holds an accreditation as an exercise physiologist with Exercise and Sports Science Australia;
Act means theRadiation Protection and Control Act 2021 ;
activity , of a radionuclide, means the quantity of that radionuclide in a given energy state at a given time, defined as the number of spontaneous nuclear transformations from the given energy state per second;
annual effective dose —see regulation 4;
approved means approved by the Minister;
ARPANSA means the Australian Radiation Protection and Nuclear Safety Agency of the Commonwealth;
bore hole logging means the use of an ionising radiation apparatus or a sealed radioactive source to investigate the physical properties of a geological sequence, fluids contained in a geology sequence or the properties of a bore hole, by lowering the apparatus or source and a detector down a bore hole that has been drilled through the strata being investigated;
bore hole logging tool means a device containing an ionising radiation apparatus or sealed radioactive source that is designed and constructed to be lowered and raised during bore hole logging;
Code of Practice for the Security of Radioactive Sources means theCode of Practice for the Security of Radioactive Sources (2019) published by ARPANSA as in force from time to time;
cumulative means the sum of all the results obtained for a parameter since the beginning of the relevant year;
disposal , in relation to a radioactive substance, does not include sale;
dose of ionising radiation means absorbed dose, effective dose or equivalent dose;
dose constraint , in relation to an individual dose of ionising radiation from a radiation source, means a prospective and source‑related restriction on the individual dose which provides a basic level of protection for the most highly exposed individuals from that source, and serves as an upper bound on the dose in optimisation of protection for that source;
effective dose means the sum of equivalent doses of ionising radiation for all tissues and organs of the body determined by adding together each equivalent dose for a tissue or organ after it has been multiplied by the tissue weighting factor appropriate to that type of tissue or organ;
emergency exposure situation means a situation of exposure to ionising radiation that arises as a result of an accident or other undesirable event and that requires prompt protective action in order to avoid or reduce adverse consequences;
employer means a person who carries on a business or activity in the course of which persons who are employed or engaged to work for the person (including as independent contractors) are exposed to ionising radiation;
equivalent dose means the absorbed dose delivered by a type of ionising radiation averaged over a tissue or organ multiplied by the radiation weighting factor for that ionising radiation type;
excepted package has the same meaning as in the Transport Code;
exempt activity , in relation to a radionuclide, means—
(a) in relation to a radionuclide contained within a naturally occurring radioactive material—means the activity specified in Table I.3 of the IAEA General Safety Requirements for the radionuclide; or
(b) in any other case—means the activity specified in Table I.1 of the IAEA General Safety Requirements for the radionuclide;
existing exposure situation means a situation of exposure to ionising radiation that already exists when a decision on control needs to be taken, and includes a situation of prolonged exposure after an emergency;
external radiation , in relation to the exposure of a natural person to ionising radiation, means ionising radiation that is not internal radiation;
fail safe , in relation to a warning device or interlock, means that the failure of the device or interlock results in the inability to produce useable ionising radiation from the apparatus or sealed radioactive source to which the device or interlock is connected;
fixed apparatus means any ionising radiation apparatus that is neither a mobile apparatus nor a portable apparatus;
fully protected enclosure , in relation to industrial radiography, means an enclosure on or in respect of which—
(a) all doors and other openings into the enclosure are interlocked with either the apparatus or the source control mechanism so that the apparatus is de‑energised or the source is returned to the shielded ("off") position whenever a door or other opening is opened; and
(b) a warning device inside the enclosure sounds continuously for at least 5 seconds when an exposure commences; and
(c) a red warning light marked "Radiation On" that remains on throughout an exposure, is readily visible from all normal routes of access; and
(d) the warning lights are fail safe; and
(e) the equivalent dose rate at a distance of 50 mm from any readily accessible point on the surface of the enclosure never exceeds 25 µSv/h; and
(f) a door can be readily opened from inside the enclosure;
gaseous tritium light source means a sealed glass container filled with gaseous tritium and coated internally with a phosphor;
IAEA General Safety Requirements means theRadiation Protection and Safety of Radiation Sources : International Basic Safety Standards 2014: General Safety Requirements Part 3 (ISBN 978–92–0–135310–8) published by the International Atomic Energy Agency, as in force from time to time;
industrial radiography means the use of X‑rays, gamma rays or neutrons to obtain information non‑destructively on the internal state of objects and materials;
internal radiation , in relation to the exposure of a person to ionising radiation, means ionising radiation from a radioactive substance located within the person's body;
ionisation chamber smoke detector means a device containing a radioactive substance that is designed and constructed to detect the presence of smoke or other combustion product aerosols;
low toxicity alpha emitter means—
(a) natural uranium, depleted uranium, natural thorium, uranium-235, uranium-238, thorium-232, thorium-228 or thorium-230, when contained in ore or a physical and chemical concentrate; or
(b) alpha emitters with a half-life of less than 10 days;
member of the public means a person who is not a worker;
mobile apparatus means ionising radiation apparatus that is designed and constructed so as to be moveable from place to place for use as required but does not include a portable apparatus;
National Directory has the same meaning as in section 78 of the Act;
naturally occurring radioactive material means material containing radionuclides that are of natural origin only;
occupational exposure means exposure to ionising radiation directly arising out of, or in the course of, employment;
optimisation , in relation to the optimisation of radiation protection and safety, means the process of determining what level of protection and safety makes exposures to ionising radiation (and the probability and magnitude of potential exposures) as low as is reasonably achievable, having regard to economic and societal factors;
packaged has the same meaning as in the Transport Code;
petroleum has the same meaning as in thePetroleum and Geothermal Energy Act 2000 ;
plain radiography means the technique for obtaining, recording and processing directly or after transfer, static information contained in an X‑ray image at an image receptor where the X‑ray tube is stationary throughout the exposure;
planned exposure situation , in relation to exposure to ionising radiation, means a situation involving the deliberate introduction and operation of radiation sources that may give rise to both exposures that are anticipated to occur (normal exposures ) and to exposures that are not anticipated to occur (potential exposures );
plant includes—
(a) any appliance, container, equipment, implement, machinery or tool; and
(b) any component of a thing referred to in paragraph (a); and
(c) anything that is fitted to or connected with any thing referred to in paragraph (a);
portable apparatus means any ionising radiation apparatus that is designed to be carried manually from place to place for use as required;
practice means any type of human activity in which persons may be exposed to ionising radiation;
prescribed low risk radioactive material means a radioactive material where—
(a) the amount of a radioactive element or compound contained in the material exceeds the prescribed concentration as determined under regulation 8(1)(a) but the activity of the radioactive element or compound does not exceed the prescribed amount as determined under regulation 8(2); or
(b) the activity of a radioactive element or compound contained in the material exceeds the prescribed amount as determined under regulation 8(2) but the amount of the radioactive element or compound contained in the material does not exceed the prescribed concentration as determined under regulation 8(1)(a);
radiation gauge means a device containing a radiation source designed to measure a parameter associated with the item or material of interest, but does not include a device that does not need to be permanently fixed in place to be used;
radiation incident means any unintended occurrence involving a radiation source which results in, or has the potential to result in, an exposure to ionising radiation to any person or the environment that is outside the range of that normally expected for a particular practice, and includes an occurrence resulting from operator error, equipment failure or the failure of management systems that warranted investigation;
radiation management plan means a radiation management plan submitted under section 34 of the Act;
radiation symbol means the radiation symbol described and shown in Schedule 1;
registered premises means premises in which an unsealed radioactive material is handled or kept and which are registered under the Act in the name of the occupier of the premises;
registrable device means a device or instrument that contains a sealed radioactive source which is required to be registered under section 26 of the Act;
relevant code —see Schedule 2;
sell means—
(a) sell; or
(b) supply by way of barter, exchange or gift; or
(c) let on hire; or
(d) bail; or
(e) authorise, direct, cause, suffer or permit any of the acts referred to in a preceding paragraph;
source container means an enclosure for a sealed radioactive source that provides, by shielding and by distance, protection against radiation emitted by the source;
source holder , in relation to bore hole logging, means the component of a bore hole logging tool that—
(a) houses the sealed radioactive source to protect it from damage; and
(b) fits into the source container when the source is not being used; and
(c) fits onto the bore hole logging tool when the source is being used;
source of ionising radiation means an ionising radiation apparatus or a radioactive material;
Transport Code means the code entitledCode for the Safe Transport of Radioactive Material , Radiation Protection Series C-2 (Rev.1), published by ARPANSA in 2019, as modified by Schedule 6;
type , in relation to premises in which an unsealed radioactive material is kept or handled, means the type of premises established by the classification scheme set out inCode of Compliance for Facility Design and Shielding 2022 published by the Department, as in force from time to time;
veterinary surgeon means a person registered on the general register or on both the general register and the specialist register under theVeterinary Practice Act 2003 ;
worker means a person who is exposed to ionising radiation in the ordinary course of the person's work;
X‑ray analysis apparatus means an ionising radiation apparatus that is used to analyse the properties or composition of materials by the techniques of X‑ray fluorescence or X‑ray diffraction;
X‑ray tube , in relation to an ionising radiation apparatus, means an evacuated envelope in which electrons are accelerated for the purposes of the production of ionising radiation.
(2) In these regulations, a reference to a worker being employed by an employer is to be taken to include the acceptance of a person as—
(a) a voluntary worker; or
(b) a student,
and the person who accepts a person as a voluntary worker or student will, for the purposes of these regulations, be taken to be an employer in relation to that person.
(3) If a person who is an employer engages an independent contractor to carry out work in the course of which a person will be exposed to ionising radiation, that person is, for the purposes of these regulations, to be taken to be the employer in relation to—
(a) that independent contractor; and
(b) any person employed by that independent contractor to do work that the independent contractor has been engaged to carry out.
(4) In these regulations, a requirement on an employer to do or provide any matter or thing for or in relation to a worker employed by the employer is, in relation to an employer who is a worker, to be taken to require that the person must do or provide for themself any matter or thing that an employer would be required to provide for or in relation to a worker employed by the employer.
(1) In these regulations—
annual effective dose means the sum of—
(a) the effective dose received from external radiation during a calendar year; and
(b) the committed effective dose received from radionuclides taken into the body during that year calculated in the manner set out in this regulation.
(2) The committed effective dose received from radionuclides taken into the body must be calculated using the methods recommended by the International Commission on Radiological Protection for those radionuclides.
(3) If—
(a) the International Commission on Radiological Protection recommends or adopts more than 1 value for an item of data; and
(b) the information required so as to choose which of those values is relevant to the circumstances of the case has not been obtained by the employer,
the value that gives rise to the largest value of committed equivalent dose must be used in the calculation.
(4) In this regulation—
committed effective dose means the effective dose of ionising radiation that a person is committed to receive from an intake of radioactive material;
committed equivalent dose means the equivalent dose of ionising radiation that an organ or tissue is committed to receive from an intake of radioactive material.
For the purposes of the definition of
corresponding law in section 3(1) of the Act, each of the following laws is declared to be a corresponding law:
(a)
Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth;(b)
Mining Management Act 2001 of the Northern Territory;(c)
Radiation Act 2005 of Victoria;(d)
Radiation Control Act 1990 of New South Wales;(e)
Radiation Protection Act 2004 of the Northern Territory;(f)
Radiation Protection Act 2005 of Tasmania;(g)
Radiation Protection Act 2006 of the Australian Capital Territory;(h)
Radiation Safety Act 1975 of Western Australia;(i)
Radiation Safety Act 1999 of Queensland.
For the purposes of the definition of
mineral processing in section 3(1) of the Act, operations for the processing of petroleum are within the ambit of that definition.
(1) For the purposes of the definition of
radiation facility in section 3(1) of the Act, the following facilities are prescribed:
(a) a particle accelerator that—
(i) has, or is capable of having, a beam energy greater than 1 MeV; or
(ii) can produce neutrons;
(b) an irradiator that contains more than 1015Bq of a radioactive material;
(c) an irradiator that—
(i) contains more than 1013Bq of a radioactive material; and
(ii) does not include shielding as an integral part of its construction;
(d) an irradiator that—
(i) contains more than 1013Bq of a radioactive material; and
(ii) includes, as an integral part of its construction, shielding that does not prevent a person from being exposed to the source;
(e) an irradiator that—
(i) contains more than 1013Bq of a radioactive material; and
(ii) includes shielding as an integral part of its construction; and
(iii) has a source that is not inside that shielding during the operation of the irradiator;
(f) a facility used for the production, processing, use, storage, management or disposal of—
(i) sealed sources of radioactive materials of activity greater than 109times the exempt activity; or
(ii) unsealed sources of radioactive materials of activity greater than 106 times the exempt activity;
(g) a facility where—
(i) a mixture of radioactive materials is produced, used, stored, managed or disposed of using the facility; and
(ii) the activity of the mixture is greater than the applicable level;
(h) a facility where the effective radiation exposure to be incurred by an individual associated with operation of the facility will, in a year, exceed—
(i) when taking into account all reasonably foreseeable circumstances—100 μSv; or
(ii) when taking into account low probability scenarios (being a scenario where the probability of occurrence of the scenario does not exceed 10-2 per year)—1 mSv in a year.
(2) For the purposes of subregulation (1)(g)(ii), the activity of the mixture is greater than the applicable level if, after dividing the activity of each radionuclide in the mixture by the exempt activity for that radionuclide and adding the fractions for each radionuclide, the result is greater than—
(a) for a sealed source—109;
(b) for an unsealed source—106.
(3) Subregulation (1)(f) and (g) do not apply in relation to the storage of packaged radioactive material during the course of its transport.
(1) For the purposes of paragraph (a) of the definition of
radioactive material in section 3(1) of the Act, subject to this regulation, the amount of a radioactive element or compound contained in a material or substance exceeds the prescribed concentration if—
(a) in relation to radioactive material other than naturally occurring radioactive material—
(i) it contains 1 of the radionuclides specified in Table I.1 of the IAEA General Safety Requirements and the activity concentration of that radionuclide exceeds the activity concentration specified in that Table for that radionuclide; or
(ii) it contains 2 or more of the radionuclides specified in Table I.1 of the IAEA General Safety Requirements and the sum of the activity concentrations of the individual radionuclides when determined in accordance with the following formula is equal to or exceeds 1:
Where:
Ax is the activity concentration of the radionuclide
Alx is the activity concentration limit specified in Table I.1 of the IAEA General Safety Requirements for that radionuclide; or(b) in relation to naturally occurring radioactive material—
(i) it contains 1 or more of the radionuclides in the Uranium decay chain or the Thorium decay chain with an activity concentration that exceeds 1 Bq/g; or
(ii) it contains the radionuclide K-40 with an activity concentration that exceeds 10 Bq/g.
(2) For the purposes of paragraph (b) of the definition of
radioactive material in section 3(1) of the Act, subject to this regulation, the activity of a radioactive element or compound contained in a material or substance exceeds the prescribed amount if—
(a) it contains 1 of the radionuclides specified in Table I.1 of the IAEA General Safety Requirements and the activity of that radionuclide exceeds the activity limit specified in that Table for that radionuclide; or
(b) it contains 2 or more of the radionuclides specified in Table I.1 of the IAEA General Safety Requirements and the sum of the activities of the individual radionuclides when determined in accordance with the following formula is equal to or exceeds 1:
Where:
Ax is the activity of the radionuclide
Alx is the activity limit specified in Table I.1 of the IAEA General Safety Requirements for that radionuclide.(3) Where 1 or more radioactive elements or compounds are present as a contaminant on the surface of an object, device or thing, the prescribed concentration of the radioactive elements or compounds is (when averaged over an area of 300 cm²)—
(a) in respect of beta and gamma emitters and low toxicity alpha emitters—0.4 Bq/cm²; and
(b) in respect of any other alpha emitters—0.04 Bq/cm².
(4) The prescribed concentration of Radon-222, when present in air, is 1000 Bq/m³.
For the purposes of the definition of
identity check in section 3(1) of the Act, an identity check is as specified in Schedule E of the Code of Practice for the Security of Radioactive Sources for a person who is intended to have access to a security enhanced source.
For the purposes of the definition of
security background check in section 3(1) of the Act, a security background check is as specified in Schedule E of the Code of Practice for the Security of Radioactive Sources for a person who is intended to have access to a security enhanced source.
For the purposes of the definition of
security enhanced radioactive source in section 3 of the Act, a radioactive source or aggregation of radioactive sources categorised as Category 1, 2 or 3 in accordance with Schedule B of the Code of Practice for the Security of Radioactive Sources is designated as a security enhanced radioactive source.
(1) For the purposes of section 18(2)(c) of the Act, the following operations are included within the ambit of that section:
(a) the storage of radioactive minerals and ores associated with testing for developmental purposes;
(b) the care and maintenance of facilities and equipment used in operations for testing for developmental purposes.
(2) For the purposes of section 18(3) of the Act, the following classes of operations are prescribed:
(a) developmental testing operations involving the processing of a prescribed radioactive material if—
(i) the radioactive material is not subjected to a process of chemical treatment, hydrometallurgical treatment, pyrometallurgical treatment or electrometallurgical treatment; and
(ii) the amount of radioactive material processed or generated is less than 10 t per month;
(b) developmental testing operations involving the processing of a prescribed radioactive material if—
(i) the radioactive material is subjected to a process of chemical treatment, hydrometallurgical treatment, pyrometallurgical treatment or electrometallurgical treatment; and
(ii) the amount of radioactive material processed or generated is less than 10 t in any year;
(c) developmental testing operations in respect of which the Minister has made a determination that in the Minister's opinion the operation will not, in any reasonably foreseeable circumstances (which may include circumstances involving the failure of control systems), result in an annual dose above 1 mSv per year to any person;
(d) any other class of operations determined by the Minister by notice in the Gazette.
(3) For the purposes of the definition of
prescribed radioactive material in section 18(6) of the Act, the prescribed concentration of a naturally occurring radioactive element or compound is as follows:
(a) in relation to a radionuclide in the Uranium decay chain—an activity concentration of 1 Bq/g;
(b) in relation to a radionuclide in the Thorium decay chain—an activity concentration of 1 Bq/g;
(c) in relation to the radionuclide K-40—an activity concentration of 10 Bq/g.
(1) For the purposes of section 19(2)(c) of the Act, the care and maintenance of facilities and equipment used in operations for mining or mineral processing are included within the ambit of that section.
(2) For the purposes of section 19(3) of the Act, the following classes of operations are prescribed:
(a) operations for the mining or processing of a prescribed radioactive material in which the radioactive material is not subjected to a process of chemical treatment and the amount of the radioactive material processed is less than 10 tonnes per calendar month;
(b) operations for the processing of a prescribed radioactive material in which the radioactive material is subjected to a process of chemical treatment including leaching, dissolution, solvent extraction or ion exchange and the amount of the radioactive material involved in the operation is less than 10 t in any 1 year;
(c) operations for mining or mineral processing in respect of which the Minister has made a determination that in the Minister's opinion the operations will not, in any reasonably foreseeable circumstances (which may include circumstances involving the failure of control systems), result in an annual dose above 1 mSv per year to any person;
(d) any other class of operations determined by the Minister by notice in the Gazette.
(3) For the purposes of the definition of
prescribed radioactive material in section 19(7) of the Act, the prescribed concentration of a naturally occurring radioactive element or compound is as follows:
(a) in relation to a radionuclide in the Uranium decay chain—an activity concentration of 1 Bq/g;
(b) in relation to a radionuclide in the Thorium decay chain—an activity concentration of 1 Bq/g;
(c) in relation to the radionuclide K-40—an activity concentration of 10 Bq/g.
For the purposes of section 20(2) of the Act, a person is not required to hold a radiation management licence authorising activities of a kind referred to in section 20(1) of the Act in respect of a radiation facility if—
(a) the person holds a radiation management licence authorising activities of a kind referred to in section 18(1) or 19(1) of the Act at that facility; or
(b) the person is of a class determined by the Minister by notice in the Gazette.
(1) For the purposes of section 21(2)(a) of the Act, the following circumstances are prescribed:
(a) circumstances in which an individual transports radioactive material in respect of which the individual—
(i) holds a radiation use licence authorising the use or handling of the radioactive material; and
(ii) is not required under the Act to hold a radiation management licence authorising possession of the radioactive material;
(b) any other circumstances determined by the Minister by notice in the Gazette.
(2) For the purposes of section 21(2)(b) of the Act, a class of persons determined by the Minister by notice in the Gazette is a prescribed class of persons.
(3) For the purposes of section 21(2)(b) of the Act, the following classes of radioactive materials are prescribed:
(a) radioactive material that is, or is contained in, an excepted package;
(b) radioactive material that is contained within the body of a person or animal (whether living or dead);
(c) any other radioactive material to which the Transport Code does not apply;
(d) radioactive elements or compounds that are present as a contaminant on the surface of an object, device or thing where—
(i) the total prescribed concentration of the radioactive elements or compounds when averaged over an area of 300 cm² does not exceed—
(A) in respect of beta and gamma emitters and low toxicity alpha emitters—4 Bq/cm²; and
(B) in respect of any other alpha emitters—0.4 Bq/cm²; and
(ii) the total activity of the radioactive elements or compounds does not exceed the prescribed amount as determined under regulation 8(2);
(e) any other class of radioactive material determined by the Minister by notice in the Gazette.
(1) For the purposes of section 22(2)(a) of the Act, the following circumstances are prescribed:
(a) circumstances in which a person is in possession of a category 4 or category 5 radiation source (as determined in accordance with the Code of Practice for the Security of Radioactive Sources) during, or for the purposes of, its transportation;
(b) any other circumstances determined by the Minister by notice in the Gazette.
(2) For the purposes of section 22(2)(b) of the Act, a class of persons determined by the Minister by notice in the Gazette is a prescribed class of persons.
(3) For the purposes of section 22(2)(b) of the Act, the following classes of things are prescribed:
(a) an article, device or other thing that only emits non-ionising radiation;
(b) a radiation source that is an unsealed radioactive material listed in Schedule 4 clause 2, in the specified circumstances;
(c) a radiation source that is a sealed radioactive source of a class prescribed by regulation 20 for the purposes of section 26(3) of the Act;
(d) a radiation source that is apparatus of a class prescribed by regulation 21 for the purposes of section 27(2) of the Act;
(e) a radiation source (other than an object contaminated by radioactive material on its surface) that only contains or is comprised of a radioactive material that is a prescribed low risk radioactive material;
(f) an object contaminated by radioactive material on its surface if the activity of a radioactive element or compound contained in the radioactive material does not exceed the prescribed amount as determined under regulation 8(2);
(g) Radon when present in air;
(h) any other class of things determined by the Minister by notice in the Gazette.
(1) For the purposes of section 23(2) of the Act, the following classes of substances are prescribed:
(a) the substances that are listed, or are contained in a device that is listed, in Schedule 4 clause 2, in the specified circumstances;
(b) a radioactive material that is a prescribed low risk radioactive material;
(c) a radioactive material that is a surface contaminant on an object and the activity of a radioactive element or compound contained in the radioactive material does not exceed the prescribed amount under regulation 8(2).
(2) For the purposes of section 23(2) of the Act, the following classes of persons are prescribed:
(a) persons who use or handle a sealed radioactive source with an activity less than a Category 5 sealed radioactive source and who use or handle the source under the directions of a person who holds a radiation use licence authorising the use or handling (as the case requires);
(b) persons enrolled in secondary or tertiary education where the use of radioactive material is required as part of the education curriculum and is under the supervision of a person holding a radiation use licence authorising the use;
(c) persons who use or handle radioactive material in the course of undertaking a training program approved by the Minister relating to radiology, radiation therapy, nuclear medicine or radiation oncology where the use or handling is under the supervision of a person holding a radiation use licence authorising the use or handling (as the case requires);
(d) persons who use a sealed radioactive source that is contained in a radiation gauge but do not use or handle the source at any time other than by operating the source control mechanism under the directions of a person who holds a radiation use licence authorising the use of the sealed radioactive source;
(e) persons who handle a sealed radioactive source that is contained in a radiation gauge under the direct supervision of a person who holds a radiation use licence authorising the handling of the sealed radioactive source, and do not dismantle the source container nor handle the source while it is out of the source container;
(f) persons who use or handle an unsealed radioactive material in type C premises and are working under the directions of a person who—
(i) supervises the persons who work in those premises; and
(ii) holds a radiation use licence entitling the holder to use or handle the radioactive materials used or handled in those premises in the manner in which they are used or handled in those premises;
(g) persons, being members of the public, who handle any radioactive material that is packaged for transport in accordance with Part 8;
(h) persons who, being members of the nursing staff employed in a hospital ward, nursing home or treatment facility in which patients are treated by the use of a radioactive material, are supervised by the worker managing the radiation safety aspects of the treatment who holds a radiation use licence entitling the holder to use or handle such a radioactive material in that ward, nursing home or treatment facility (as the case requires);
(i) persons who are patients undergoing diagnosis or treatment by use of a radioactive material;
(j) persons who use, for the purpose of industrial radiography, a sealed radioactive source that is located in a fully protected enclosure and who use that source under the supervision of a person who holds a radiation use licence authorising the use of the sealed radioactive source;
(k) persons who use or handle any naturally occurring radioactive material in the course of developmental testing operations or operations for or in relation to mining or mineral processing authorised by a radiation management licence;
(l) any other class of persons determined by the Minister by notice in the Gazette.
(3) In this regulation—
category 5 sealed radioactive source means a sealed radioactive source categorised as Category 5 under the Code of Practice for the Security of Radioactive Sources.
(1) For the purposes of section 24(2) of the Act, the following classes of persons are prescribed:
(a) persons who operate ionising radiation apparatus according to the instructions of a veterinary surgeon who—
(i) holds a radiation use licence in respect of the apparatus; and
(ii) is present in the room or other place in which the apparatus is located; and
(iii) is not able to operate the apparatus themself by reason of the nature of the radiological examination being carried out;
(b) persons enrolled in secondary or tertiary education where the operation of ionising radiation apparatus is required as part of the education curriculum and is under the supervision of a person holding a radiation use licence authorising the operation;
(c) persons who operate ionising radiation apparatus in the course of undertaking a training program approved by the Minister relating to radiology, radiation therapy, nuclear medicine or radiation oncology where the operation is under the supervision of a person holding a radiation use licence authorising the operation;
(d) persons who operate any enclosed X-ray analysis apparatus, but only when the interlocked barriers are in place and who operate such apparatus under the directions of a person who holds a radiation use licence in respect of the apparatus;
(e) persons who operate for the purposes of industrial radiography an ionising radiation apparatus that is located in a fully protected enclosure, and who operate that apparatus under the directions of a person who holds a radiation use licence in respect of the apparatus;
(f) persons undergoing training in the operation of portable x-ray fluorescence spectroscopy instruments where the operation is under the supervision of a person holding a radiation use licence authorising the operation;
(g) any other class of persons determined by the Minister by notice in the Gazette.
(2) For the purposes of subsection 24(2) of the Act, the following classes of apparatus are prescribed:
(a) ionising radiation apparatus that produces ionising radiation incidental to its function (including electron microscopes and apparatus containing a cathode ray tube or an electronic valve) if the apparatus does not, in normal operating conditions, cause an equivalent dose rate exceeding 1 µSv/h at a distance of 0.1m from any accessible surface of the apparatus;
(b) closed cabinet X-ray equipment for the examination of letters, packages, baggage, freight and other articles that has been designed and constructed so as to prevent a person entering the cabinet while the equipment is being put to its normal use;
(c) apparatus listed in Schedule 4 clause 1;
(d) any other class of apparatus determined by the Minister by notice in the Gazette.
Division 3 Registration of premises, sealed radioactive sources and radiation apparatus
(1) For the purposes of section 25(2) of the Act, the following classes of premises are prescribed:
(a) premises in which radioactive materials are stored in transit during the course of transport in accordance with the Act and these regulations;
(b) premises in which unsealed radioactive materials are kept or handled in the course of developmental testing operations, operations for or in relation to mining or mineral processing, or operations of a kind referred to in section 19(1) of the Act, being operations authorised by a radiation management licence;
(c) premises in which unsealed radioactive ores that have not been subject to chemical processing are handled or kept in quantities of less than 100 kilograms;
(d) any other class of premises determined by the Minister by notice in the Gazette.
(2) For the purposes of section 25(2) of the Act, the following classes of substances are prescribed:
(a) the unsealed radioactive materials listed in Schedule 4 clause 2, in the specified circumstances;
(b) an unsealed radioactive material that is a prescribed low risk radioactive material;
(c) an unsealed radioactive material that is a surface contaminant on an object and the activity of a radioactive element or compound contained in the radioactive material does not exceed the prescribed amount under regulation 8(2).
For the purposes of section 26(3) of the Act, the following classes of sealed radioactive sources are prescribed:
(a) sealed radioactive sources listed in Schedule 4 clause 2, in the specified circumstances;
(b) sealed radioactive sources held within a facility the operations of which are authorised by a radiation management licence;
(c) sealed radioactive sources that are held only as stock for the purposes of sale and are not used;
(d) sealed radioactive sources that have been let out on hire for a period of 3 months or less and in respect of which the person receiving the source on hire holds a radiation management licence;
(e) a sealed radioactive source that is a prescribed low risk radioactive material;
(f) a sealed radioactive source containing Tritium and held within a registered radiation apparatus;
(g) a sealed radioactive source that replaces a decayed sealed radioactive source in a registrable device, where—
(i) the replaced source remains registered under section 26 of the Act by the original registered owner; and
(ii) the half-life of the sealed radioactive source is less than 120 days and is of the same chemical and physical form as the source it is replacing; and
(iii) a register of the sealed radioactive sources for the registrable device (which must include the serial numbers of the registrable device and sources) is maintained by the registered owner;
(h) any other class of sealed radioactive sources determined by the Minister by notice in the Gazette.
(1) For the purposes of section 27(2) of the Act, the following classes of apparatus are prescribed:
(a) ionising radiation apparatus that produces ionising radiation incidental to its function (including electron microscopes and apparatus containing a cathode ray tube or an electronic valve) if the apparatus does not, in normal operating conditions, cause an equivalent dose rate exceeding 1 µSv/h at a distance of 0.1 m from any accessible surface of the apparatus;
(b) ionising radiation apparatus made incapable of operation;
(c) ionising radiation apparatus manufactured in this State that has never been sold, let on hire or loaned out;
(d) ionising radiation apparatus held as stock for sale by a person who has complied with regulation 36 (other than apparatus operated by another person and located at premises of a person who has not complied with that regulation);
(e) ionising radiation apparatus that has been let out on hire for a period of 3 months or less and in respect of which the person receiving the apparatus on hire holds a radiation management licence;
(f) ionising radiation apparatus being installed by a person who has complied with regulation 36;
(g) apparatus listed in Schedule 4 clause 1;
(h) any other class of apparatus determined by the Minister by notice in the Gazette.
(2) For the purposes of this regulation, apparatus is incapable of operation if it would require specialist knowledge to make it operable.
Division 4—Accreditations and authorisations general provisions
(1) For the purposes of sections 34(6)(c), 40(3)(c) and 42(1)(e) of the Act, the following kind of offences are prescribed:
(a) an offence involving a radiation source;
(b) an offence involving a firearm or offensive weapon;
(c) an offence involving the misuse of a hazardous material;
(d) any other offence against a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment, if—
(i) the offence was committed within the period of 10 years immediately before the relevant time; and
(ii) the offence was punishable by a fine of $5 000 or more, or by a term of imprisonment of 1 year or more.
(2) For the purposes of sections 34(6)(d), 34(6)(e), 40(3)(d) and 40(3)(e) of the Act, the following Acts are prescribed:
(a) Environment Protection Act 1993 ;(b) Firearms Act 2015 ;(c) Gene Technology Act 2001 ;(d) Health Care Act 2008 ;(e) Health Practitioner Regulation National Law (South Australia) Act 2010 ;(f) Landscape South Australia Act 2019 ;(g) Mining Act 1971 ;(h) Petroleum and Geothermal Energy Act 2000 ;(i) Petroleum (Submerged Lands) Act 1982 ;(j) Veterinary Practice Act 2003 ;(k) Work Health and Safety Act 2012 ;(l) an Act of another jurisdiction substantially corresponding to an Act referred to in a preceding paragraph.
(3) For the purposes of sections 34(6)(g) and 40(3)(g) of the Act, the following are prescribed grounds:
(a) there would be a material risk to public health and safety if the accreditation or authorisation were to be granted or transferred (as the case requires);
(b) the proposed use of radiation is inappropriate or unjustified.
(4) For the purposes of section 40(4) of the Act, a radiation use licence is a prescribed kind of authorisation.
(5) In this regulation—
firearm has the same meaning as in theFirearms Act 2015 ;
hazardous material means any substance or material which by its nature poses, directly or indirectly, a risk of serious adverse effect to the health or safety of human beings or the environment, including (without limitation) the following kinds of substances or materials:
(a) explosive or highly flammable or volatile substances;
(b) toxic or poisonous substances (including those that may involve delayed or chronic effects to humans or delayed adverse impacts to the environment by means of bioaccumulation);
(c) highly corrosive or unstable substances;
(d) substances which, when mixed with air or water, are liable to give off toxic gases in dangerous quantities;
(e) substances containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans;
(f) substances capable of yielding another substance or material of a kind referred to in a preceding paragraph (such as after disposal);
offensive weapon means—
(a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including an explosive or an imitation explosive (that is, an article or substance intended to be taken for an explosive); or
(b) an article or substance that a person has—
(i) for the purpose of causing personal injury or incapacity; or
(ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity;
relevant time means—
(a) in relation to an application for an accreditation or authorisation, or transfer of an authorisation—the date of the application; or
(b) in relation to the suspension or cancellation of an accreditation or authorisation—the date of the suspension or cancellation.
For the purposes of section 34(4) of the Act, a radiation management plan required to be submitted under that section must comply with the
Code of Compliance for Radiation Management Plans 2022 published by the Department, as in force from time to time.
(1) A notice required to be given under section 44(1)(a) of the Act by the holder of an authorisation or accreditation who has failed a security background check must include the following information:
(a) the authorisation holder's name, address, contact phone number and email address;
(b) the authorisation number;
(c) a copy of the notice of determination of the security background check.
(2) A notice to which subregulation (1) applies must be given to the Minister within 7 days of receipt of the notice of determination of the security background check.
(1) A notice required to be given to the Minister by a health practitioner under section 44(2)(a) of the Act relating to the suspension or cancellation of, or the imposition of conditions on, the health practitioner's accreditation, licence, registration or other authority under the
Health Practitioner Regulation National Law (South Australia) Act 2010 or other law must include the following information:(a) the health practitioner's name, address, contact phone number and email address;
(b) details of the affected accreditation, licence, registration or other authority;
(c) details of the suspension, cancellation or imposition of conditions including a copy of the notice of determination and reasons given to the health practitioner.
(2) A notice required to be given to the Minister by a person under section 44(2)(b) of the Act relating to the suspension or cancellation of, or the imposition of conditions on, the person's accreditation, licence, registration or other authority under an Act or law regulating the person's right to practice must include the following information:
(a) the person's name, address, contact phone number and email address;
(b) details of the affected accreditation, licence, registration or other authority;
(c) details of the suspension, cancellation or imposition of conditions including a copy of the notice of determination and reasons given to the person.
(3) A notice to which this regulation applies must be given to the Minister within 7 days of receipt of the notice of determination of the suspension, cancellation or imposition of conditions (as the case requires).
(1) For the purposes of section 44(1)(b) of the Act, the following circumstances are prescribed circumstances in relation to the holder of an accreditation or authorisation:
(a) the holder enters into an agreement to sell or transfer a radiation apparatus or radiation source to another person;
(b) there is a change to the address for service of the holder.
(2) A notice required to be given to the Minister under section 44 of the Act in respect of the circumstances prescribed in subregulation (1)(a)—
(a) must include the following information:
(i) the authorisation holder's name, address, contact phone number and email address;
(ii) the name, address, contact phone number and email address of the person to whom the radiation apparatus or radiation source is to be, or has been, transferred;
(iii) a description of the radiation apparatus or radiation source including any details of registration under the Act;
(iv) evidence of the agreement of the transfer of a kind approved by the Minister; and
(b) must be given within 7 days of entering into an agreement to sell or transfer the radiation apparatus or radiation source.
(3) A notice required to be given to the Minister under section 44 of the Act in respect of the circumstances prescribed in subregulation (1)(b) must include the new address for service of the holder and be given within 14 days of the change of the address for service.
27 Abandonment of radiation sources – prescribed circumstances
Pursuant to section 29(2) of the Act, section 29(1) of the Act does not apply in respect of a radiation source in circumstances in which—
(a) a radiation management licence is not required under the Act for the possession or transportation of the radiation source; and
(b) a radiation use licence is not required under the Act for the use or handling of the radiation source; and
(c) premises in which the radiation source is kept or handled are not required under the Act to be registered in the name of the occupier of the premises; and
(d) the radioactive source is not required to be registered under the Act in the name of the owner of the source; and
(e) if the radiation source forms part of a radiation apparatus—
(i) a radiation use licence is not required under the Act to operate the apparatus; and
(ii) the apparatus is not required to be registered under the Act in the name of the owner.
(1) If the Minister makes a determination for the purposes of a provision of this Part (other than a determination that is made by Gazette notice), notice of the determination—
(a) must be published on the Department's website; and
(b) may also be published in the Gazette.
(2) As soon as practicable after a determination of the Minister is made for the purposes of a provision of this Part (other than a determination that is made by Gazette notice), a notice in writing setting out the date on which the determination is published and the terms of the determination must be given to a person directly affected by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.
In this Part, a reference to a
radiation source is a reference to—
(a) a radiation apparatus; or
(b) a sealed radioactive source; or
(c) an unsealed radioactive material,
that emits or may emit ionising radiation.
30 Radiation sources to comply with relevant codes
A radiation source must comply with the provisions of a relevant code that are expressed as mandatory provisions applying in respect of the radiation source.
(1) A person must not operate or use a radiation source that does not comply with the provisions of a relevant code that are expressed as mandatory provisions applying in respect of the radiation source.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) The registered owner of a radiation source must not cause, suffer or permit a person to operate or use a radiation source that does not comply with the provisions of a relevant code that are expressed as mandatory provisions applying in respect of the radiation source.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) The registered owner of a radiation source—
(a) must ensure that the source is constructed, shielded, installed, operated, maintained and managed in accordance with the requirements of a relevant code; and
(b) must comply with the provisions of a relevant code that are expressed as mandatory provisions imposed on an owner of a radiation source.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) The registered owner of a sealed radioactive source must ensure that the source is contained in accordance with the provisions of a relevant code that are expressed as mandatory provisions.
Maximum penalty: $10 000.
Expiation fee: $500.
A person must, in operating or using a radiation source—
(a) comply with the provisions of a relevant code applying to the operation or use of the source that are expressed as mandatory provisions; and
(b) have regard to provisions of a relevant code as to the operation or use of the source that are not expressed as mandatory provisions but are expressed as recommendations in relation to the operation or use of the source.
Maximum penalty: $10 000.
Expiation fee: $500.
If the provisions of a relevant code are inconsistent with these regulations, these regulations prevail to the extent of the inconsistency.
This Subdivision applies to a business during the course of which ionising radiation apparatus is sold, installed or maintained.
A person must not carry on a business to which this Subdivision applies unless the person has given the Minister notice in writing that—
(a) contains the full name and address of the person carrying on the business or, in the case of a company, the name of the company and the address of its registered office; and
(b) states whether it is intended to hold a stock of ionising radiation apparatus, and if so, what kind of apparatus is likely to be held, where it is likely to be held and in what quantities; and
(c) states whether any ionising radiation apparatus that is likely to be held in stock is likely to be operable; and
(d) states whether any person (whether the person carrying on the business or an employee at the business) is likely to be called on to operate ionising radiation apparatus in the course of carrying on the business; and
(e) if ionising radiation apparatus is likely to be sold during the course of carrying on the business—contains a statement setting out full details of the kind of apparatus that is likely to be sold.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) If, during the course of carrying on a business to which this Subdivision applies, a person sells or installs ionising radiation apparatus and after the sale or installation becomes aware that—
(a) the apparatus the person has sold or installed has a defect; or
(b) apparatus of the same class or kind as the apparatus the person has sold or installed has a defect,
the person must, within 7 days of becoming aware of the defect, give the Minister notice in writing containing—
(c) details of the defect; and
(d) the class or kind of apparatus affected by the defect; and
(e) the likely effects of the defect; and
(f) details of the steps the person is taking or intends to take to rectify the defect.
(2) A person who fails to comply with subregulation (1) is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 5 years.
(3) In this regulation—
defect means a fault in the design or construction of the apparatus that is likely to increase the dose of ionising radiation that may be received by a person from the apparatus.
If a person who gives the Minister a notice under regulation 37 becomes aware of—
(a) a change in any information the person has supplied; or
(b) additional information relating to the information supplied,
the person must, within 7 days of becoming aware of the changed or additional information, give the Minister a further notice in writing setting out in full the details of the change to or information additional to the information supplied.
Maximum penalty: $10 000.
Expiation fee: $500.
If a person who carries on a business to which this Subdivision applies receives an order for the sale of ionising radiation apparatus, the person must, if intending to accept the order, give the person making the order a notice in the form determined by the Minister.
Maximum penalty: $10 000.
Expiation fee: $500.
If a person who carries on a business to which this Subdivision applies—
(a) intends to deliver to another person a portable or mobile ionising radiation apparatus; or
(b) intends to install any fixed ionising radiation apparatus,
the person must, before the intended delivery or installation, give the Minister notice in writing containing—
(c) the name of the person who sold the apparatus; and
(d) the name of the person to whom the apparatus was sold; and
(e) a statement setting out the make, model, class or kind of apparatus that was sold, and the address to which it is to be delivered or installed.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) If a person who does not carry on a business to which this Subdivision applies sells or otherwise disposes of any ionising radiation apparatus the person must, within 14 days of the sale or disposal, give the Minister notice in writing containing—
(a) the name and address of the person who sold or disposed of the apparatus; and
(b) the registration number of the apparatus sold or disposed of; and
(c) the date of the sale or disposal; and
(d) the manner of the sale or disposal; and
(e) whether the apparatus was made incapable of operation before the sale or disposal; and
(f) if the apparatus was sold—the name and address of the person to whom the apparatus was sold.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) This regulation does not apply in relation to the sale or disposal of ionising radiation apparatus if notice of the sale or disposal has been given to the Minister in accordance with regulation 26.
(1) If a person has given a notice or supplied information to the Minister in accordance with this Subdivision, the Minister may require the person, by notice in writing, to supply such additional information as the Minister thinks fit.
(2) A person must comply with the requirements of a notice under subregulation (1) within 28 days, or such longer period as the Minister may approve, of service of the notice.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) A person who sells or otherwise disposes of any ionising radiation apparatus and believes on reasonable grounds that the apparatus will not be operated after the sale or disposal must make the apparatus incapable of operation before the sale or disposal.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) For the purposes of this regulation, apparatus is incapable of operation if it would require specialist knowledge to make it operable.
(1) A person who carries on a business during the course of which ionising radiation apparatus is let on hire must, if the period of hire for an ionising radiation apparatus is 3 months or less—
(a) maintain a register of ionising radiation apparatus let on hire (the
register ) and enter in the register the following information in respect of each ionising radiation apparatus:(i) the registration number of the apparatus;
(ii) if the apparatus is being moved in a vehicle for the purposes of the hire or loan—the registration number of that vehicle;
(iii) the site, district or other locality at which the apparatus is to be used while on hire;
(iv) the name of the person to whom the apparatus is let on hire;
(v) the authorisation number for the radiation management licence held by the person to whom the apparatus is let on hire authorising the possession of the apparatus;
(vi) the name of the person who takes charge of the apparatus at the commencement of the hire period;
(vii) the date on which the apparatus is taken by the person who has taken charge of the apparatus;
(viii) the date on which the apparatus is returned to the premises controlled by the person supplying the apparatus on hire; and
(b) ensure, before the supply on hire, that the person to whom the source is let on hire holds a radiation management licence authorising the possession of the source; and
(c) ensure that the apparatus is, before its supply on hire, compliant with a provision of these regulations applying in respect of the apparatus (including any relevant code applying to the apparatus under these regulations); and
(d) ensure that appropriate systems and processes are in place for the ongoing maintenance of the apparatus during the term of the hire.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) A person who takes charge of ionising radiation apparatus to which subregulation (1) applies must sign the register on the date on which they take charge of the apparatus.
Maximum penalty: $10 000.
Expiation fee: $500.
(3) When ionising radiation apparatus to which subregulation (1) applies is returned to the premises controlled by the person supplying the apparatus on hire, the person returning it must sign the register on the date on which it is returned and indicate in the register—
(a) details of any abnormal occurrence which had occurred while the person was in charge of the apparatus, being an occurrence that—
(i) is indicative of some fault or defect in the apparatus; and
(ii) may have damaged the apparatus; and
(b) details of any fault or defect the person observed in the apparatus.
Maximum penalty: $10 000.
Expiation fee: $500.
(4) A person who takes ionising radiation apparatus on hire for a period of 3 months or less must report any damage occurring to the apparatus during the period of hire to the person who supplied the apparatus for hire as soon as reasonably practicable after the damage occurs.
Maximum penalty: $10 000.
Expiation fee: $500.
A person must not use dental radiography radiation apparatus that is designed to be used with the X‑ray tube inside a patient's mouth to irradiate a human being.
Maximum penalty: $10 000.
Expiation fee: $500.
This Subdivision applies to a business during the course of which radioactive material, or a device that contains radioactive material, is sold, installed or maintained.
A person must not carry on a business to which this Subdivision applies unless the person has first given the Minister notice in writing that—
(a) contains the full name and address of the person carrying on the business or, in the case of a company, the name of the company and the address of its registered office; and
(b) states the number of persons who will in the course of carrying on the business handle any radioactive material or device containing any radioactive material; and
(c) states whether or not any radioactive material or any device containing a radioactive material will be stowed or stored during the course of carrying on the business and, if so, where it is likely that it will be stowed or stored; and
(d) if it is proposed to sell any radioactive material or any device containing a radioactive material—states details of the material or device.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) If, during the course of carrying on a business to which this Subdivision applies, a person sells or installs a registrable device and after the sale or installation becomes aware that—
(a) the registrable device the person has sold or installed has a defect; or
(b) registrable devices of the same class or kind as the registrable device the person has sold or installed have a defect,
the person must, within 7 days of becoming aware of the defect, give the Minister notice in writing containing—
(c) details of the defect; and
(d) the class or kind of registrable device affected by the defect; and
(e) the likely effects of the defect; and
(f) details of the steps the person is taking or intends to take to rectify the defect.
(2) A person who fails to comply with subregulation (1) is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 5 years.
(3) If a person gives a notice to the Minister in accordance with subregulation (1), the person must, within 7 days of becoming aware of—
(a) any change in the information the person has already supplied; or
(b) any additional information relating to the information already supplied,
serve on the Minister a further notice in writing setting out full details of the change or the information additional to the information already supplied.
Maximum penalty: $10 000.
Expiation fee: $500.
(4) In this regulation—
defect , in relation to a registrable device, means a fault in the design or the construction of the registrable device that is likely to increase the dose of ionising radiation that may be received by any person from the registrable device.
If a person who carries on a business to which this Subdivision applies receives an order for the sale of a registrable device, the person must, if intending to sell the device, serve on the person to whom they intend to sell the device the information required by the Minister in the form approved by the Minister.
Maximum penalty: $10 000.
Expiation fee: $500.
If a person who carries on a business to which this Subdivision applies intends to deliver a mobile registrable device that the person has sold, the person must, at least 7 days before the intended delivery, give the Minister notice in writing containing—
(a) the name of the person to whom the device has been sold; and
(b) the address to which the device is to be delivered; and
(c) full details of the device sold.
Maximum penalty: $10 000.
Expiation fee: $500.
A person who carries on a business to which this Subdivision applies and who intends to install at any premises a registrable device that is to be fixed in place, the person must, at least 7 days before commencing the installation, give the Minister notice in writing containing—
(a) the name of the person to whom the device has been sold; and
(b) the address at which the device is to be installed; and
(c) full details of the device to be installed.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) Subject to subregulation (2), a person must not supply a registrable device unless the marking of the source capsule of the device complies with—
(a) in the case of a registrable device built before 1 January 2012—the requirements of International Standard
ISO 2919:1999 (E) Radiation protection – sealed radioactive sources – General requirements and classification published by the International Organisation for Standardisation, as in force from time to time; or(b) in any other case—the requirements of International Standard
ISO 2919:2012 (E) Radiological protection – sealed radioactive sources – General requirements and classification published by the International Organisation for Standardisation, as in force from time to time.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) Subregulation (1) does not apply in relation to person who supplies a registrable device if—
(a) the registrable device contains a sealed radioactive source in respect of which a relevant code applies; and
(b) the person can demonstrate compliance with the provisions of the relevant code that are expressed as mandatory provisions applying in relation to the sealed radioactive source.
(1) Subject to subregulation (2), a person must not sell a sealed radioactive source that is required by the Act to be registered unless at the time of such sale the person supplies with the source—
(a) in the case of a source built before 1 January 2012—a certificate that meets the relevant requirements of International Standard
ISO 2919:1999 (E) Radiation protection – sealed radioactive sources – General requirements and classification published by the International Organisation for Standardisation, as in force from time to time; or(b) in any other case—
(i) a certificate that—
(A) complies with the requirements of International Standard
ISO 2919:2012 (E) Radiological protection – sealed radioactive sources – General requirements and classification published by the International Organisation for Standardisation, as in force from time to time; and(B) contains the following information:
• the radionuclide contained in the device;
• the activity of the radionuclide and the date on which it was measured;
• the chemical form of the radionuclide;
• the manufacturer of the device;
• the model of the device or details of the encapsulation;
• the recommended working life specified by the manufacturer; and
(ii) if applicable—
(A) a special form certificate; and
(B) a container certificate.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) Subregulation (1) does not apply in relation to person who sells a sealed radioactive source if—
(a) the sealed radioactive source is contained in a device in respect of which a relevant code applies; and
(b) the person can demonstrate compliance with the provisions of the relevant code that are expressed as mandatory provisions applying in relation to the device.
(1) If a person, not being a person who carries on a business to which this Subdivision applies, sells a sealed radioactive source that is registered by the Minister under the Act, the person must, within 7 days of the sale, give the Minister notice in writing containing—
(a) the name and address of the registered owner of the source prior to the sale; and
(b) the name and address of the person to whom the source has been sold; and
(c) the registered number of the source.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) This regulation does not apply in relation to the sale or disposal of a sealed radioactive source if notice of the sale or disposal has been given to the Minister in accordance with regulation 26.
A person who carries on a business to which this Subdivision applies must—
(a) within 3 months of first notifying the Minister in accordance with regulation 47; and
(b) thereafter at intervals of not longer than 3 months,
give the Minister notice in writing containing—
(c) details of all sales of radioactive material made by the person during the preceding 3 months or since the last notice given by the person in accordance with this regulation; and
(d) in respect of each sale—
(i) the name and address of the person to whom the sale was made; and
(ii) the radionuclides sold and total activity of each radionuclide sold; and
(iii) if the device sold is a sealed radioactive source larger than 50 MBq—the activity of each such sealed radioactive source sold; and
(iv) for each radionuclide sold, the total activity of each such radionuclide supplied in unsealed form.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) The Minister may, by notice in writing served on a person who has given notice in accordance with this Subdivision, require the person to supply such additional information as the Minister thinks fit.
(2) A person on whom notice is served under subregulation (1) must comply with the notice within 28 days, or such longer period as the Minister may approve, of service of the notice.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) A person must not sell a consumer product.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) In this regulation—
consumer product means a device, article or thing that contains a radioactive material and is designed and constructed for personal or domestic use and not for use during the course of employment or the carrying on of an occupation, but does not include an approved ionisation chamber smoke detector or any device article or thing built before 1 January 1982.
A person must not sell an ionisation chamber smoke detector unless that model of detector complies with AS 3786–2014
Smoke alarms using scattered light, transmitted light or ionization as in force from time to time.Maximum penalty: $10 000.
Expiation fee: $500.
(1) A person who carries on a business during the course of which sealed radioactive sources are let on hire must, if the period of hire for a sealed radioactive source is 3 months or less—
(a) maintain a register of sealed radioactive sources let on hire (the
register ) and enter in the register the following information in respect of each sealed radioactive source:(i) the registered number of the source;
(ii) if the source is being moved in a vehicle for the purposes of the hire or loan—the registration number of that vehicle;
(iii) the site, district or other locality at which the source is to be used while on hire;
(iv) the name of the person to whom the source is let on hire;
(v) the authorisation number for the radiation management licence held by the person to whom the source is let on hire authorising the possession of the source;
(vi) the name of the person who takes charge of the source at the commencement of the hire period;
(vii) the date on which the source is taken by the person who has taken charge of the source;
(viii) the date on which the source is returned to the premises controlled by the person suppling the source on hire; and
(b) ensure, before the supply on hire, that the person to whom the source is let on hire holds a radiation management licence authorising the possession of the source; and
(c) ensure that the source is, before its supply on hire, compliant with a provision of these regulations applying in respect of the source (including any relevant code applying to the source under these regulations); and
(d) ensure that appropriate systems and processes are in place for the ongoing maintenance of the source during the term of the hire.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) A person who takes charge of a sealed radioactive source to which subregulation (1) applies must sign the register on the date on which they take charge of the source.
Maximum penalty: $10 000.
Expiation fee: $500.
(3) When a source to which subregulation (1) applies is returned to the premises controlled by the person supplying the source on hire, the person returning it must sign the register on the date on which it is returned and indicate in the register—
(a) details of any abnormal occurrence which had occurred while the person was in charge of the source, being an occurrence that—
(i) is indicative of some fault or defect in the source, its capsule, container or source control mechanism; and
(ii) may have damaged the source, its capsule, container or source control mechanism; and
(b) details of any fault or defect the person observed in the source, source capsule, source container or source control mechanism.
Maximum penalty: $10 000.
Expiation fee: $500.
(4) A person who takes a sealed radioactive source on hire for a period of 3 months or less must report any damage occurring to the source during the period of hire to the person who supplied the source for hire as soon as reasonably practicable after the damage occurs.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) The registered occupier of premises in which an unsealed radioactive material is kept or handled must—
(a) maintain a register of unsealed radioactive materials; and
(b) within 24 hours after each unsealed radioactive material kept or handled at the premises is first taken onto the premises, enter in the register an entry containing—
(i) the radionuclide contained in the material; and
(ii) the activity or nominal activity; and
(iii) the date to which the activity refers; and
(iv) the name of the person in whose care the material has been placed; and
(v) the date upon which the material was first taken onto the premises.
Maximum penalty: $10 000.
Expiation fee: $500.
(2) Subregulation (1) does not apply in relation to premises in respect of which a radiation management licence authorising activities of a kind referred to in section 18(1) or 19(1) of the Act applies.
A person in possession of a sealed radioactive source (whether or not registered by the Minister under the Act) must—
(a) maintain a register of sealed radioactive sources; and
(b) within 24 hours of taking possession of a sealed radioactive source, enter in the register the following information in respect of the source:
(i) the name of the manufacturer of the source;
(ii) the manufacturer's model or type number for the source;
(iii) the serial number of the source;
(iv) the radionuclide enclosed in the source;
(v) if it is a non‑fissile neutron source—the target element;
(vi) the activity or nominal activity of the radionuclide in the source;
(vii) the date to which the activity of the radionuclide in the source refers;
(viii) if the source is incorporated or mounted in an instrument or other equipment—sufficient information to identify the instrument or other equipment, including—
(A) its manufacturer; and
(B) its model; and
(C) its serial number; and
(D) its date of manufacture; and
(E) the place where it is located (in the case of an instrument or other equipment installed in a fixed position) or the location where it is usually stored (in the case of an instrument or other equipment not so installed);
(ix) the name of the person in whose care the source has been placed;
(x) the date on which the person took possession of the source.
Maximum penalty: $10 000.
Expiation fee: $500.
(1) If—
(a) a sealed radioactive source or an unsealed radioactive material that is not incorporated into an instrument or in other equipment is not being used or handled; or
(b) a sealed radioactive source or an unsealed radioactive material that is usually installed in a fixed position has been removed from that position; or
(c) a sealed radioactive source or an unsealed radioactive material has been incorporated into a portable or mobile instrument or portable or mobile equipment that is not likely to be used in the near future,
the person in possession of the sealed radioactive source or the registered occupier of the premises in which the unsealed radioactive material is kept (as the case may be) must—
(d) store the source or material—
(i) in the case of a sealed radioactive source—in accordance with the Code of Practice for the Security of Radioactive Sources; or
(3) In this regulation—
designated provision , of the Act, means—section 69(2), 71(1)(a) or 71(1)(b) of the Act.
A notice or other document required or authorised by these regulations to be served on or given to the Minister or the Department may be served or given—
(a) by sending it by registered post addressed to the Department at: GPO Box 2607 Adelaide, South Australia, 5001; or
(b) by leaving it at—
(i) the office of the Environment Protection Authority at Level 2, 211 Victoria Square, Adelaide; or
(ii) any other office specified by the Minister by notice in the Gazette,
with a person who is apparently—
(iii) over 16 years of age; and
(iv) in the employment of the Department.
For the purposes of section 35(3) of the Act, the penalty for a failure to pay an annual fee is $300 or 5% of the annual fee (whichever is higher) for each month (or part of a month) for which the default continues.
For the purposes of sections 56(5)(a), 58(5)(a) and 61(9)(a) of the Act, the prescribed rate of interest per year on an amount recoverable by the Minister but not paid within the period fixed by the Minister is 24% calculated in respect of each month (or part of a month) for which the amount remains unpaid.
(1) A person seeking approval of the Minister to dispose of or destroy a document under regulation 90, 93 or 107 must apply to the Minister in writing.
(2) The application must contain—
(a) details of the document to be disposed of and the proposed manner of disposal; and
(b) details of the document to be destroyed and the proposed manner of destruction; and
(c) the reasons for the disposal or destruction.
(3) The Minister may approve the application if satisfied that the document is not required for the purposes of the Act or these regulations.
(1) For the purposes of section 98(2)(l) of the Act, ARPANSA is a prescribed body.
(2) The Minister, the Department or the Committee may release to ARPANSA information relating to radiation incidents or radiation exposure records.
(1) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each radiation management licence:
(a) the name of the licence holder;
(b) the date of first issue of the licence;
(c) the date of last renewal of the licence;
(d) the current expiry date of the licence;
(e) the conditions imposed on the licence;
(f) if the licence authorises developmental testing operations, mining or mineral processing or the preparation of a site for, or the construction, establishment, control, operation, management, decommissioning, disposal or abandonment of, a radiation facility—the location of the operations or facility (as the case requires).
(2) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each radiation use licence:
(a) the name of the licence holder;
(b) the conditions imposed on the licence;
(c) the date the licence was first issued;
(d) the most recent date upon which the licence was renewed;
(e) the date the current licence expires.
(3) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each registered premises:
(a) the name of the registration holder;
(b) the address of the registered premises;
(c) a description sufficient to identify the premises at that address so registered;
(d) the date the registration was first granted;
(e) the most recent date upon which the registration was renewed;
(f) the date the current registration expires;
(g) the conditions imposed upon the registration.
(4) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each registered sealed radioactive source and each registered radiation apparatus:
(a) the name of the registered owner;
(b) the make, model, and serial number of the apparatus and of the sealed radioactive source or the registrable device;
(c) in the case of a sealed radioactive source—the radionuclide involved;
(d) the conditions imposed upon the registration;
(e) the date the registration was first granted;
(f) the most recent date upon which the registration was renewed;
(g) the date the current registration expires.
(5) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each accreditation issued under the Act:
(a) the name of the holder of the accreditation;
(b) the business name and trading name (if applicable) under which the activities authorised by the accreditation are carried out;
(c) the date of first issue of the accreditation;
(d) the date of the most recent renewal of the accreditation;
(e) the date of expiry of the accreditation;
(f) the conditions of the accreditation.
(6) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each exemption issued under section 76 of the Act:
(a) in relation to an exemption granted exempting a specified person from compliance with specified provisions of the Act—
(i) the name of the specified person; and
(ii) the provisions in relation to which the exemption applies; and
(iii) the date of first issue of the exemption; and
(iv) the expiry date of the exemption (if any); and
(v) the conditions imposed on the exemptions;
(b) in relation to an exemption granted in respect of a specified radiation source—
(i) the name of the person granted the exemption; and
(ii) details of the radiation source; and
(iii) the provisions in relation to which the exemption applies; and
(iv) the date of first issue of the exemption; and
(v) the expiry date of the exemption (if any); and
(vi) the conditions imposed on the exemptions;
(c) in relation to an exemption granted in respect of specified premises—
(i) the name of the person granted the exemption; and
(ii) the provisions in relation to which the exemption applies; and
(iii) the address of the specified premises; and
(iv) the type of premises; and
(v) the date of first issue of the exemption; and
(vi) the expiry date of the exemption (if any); and
(vii) the conditions imposed on the exemption;
(d) in relation to an exemption granted in respect of a specified class of person, radiation source or premises—
(i) the class of person, radiation source or premises to which the exemption applies; and
(ii) the provisions in relation to which the exemption applies; and
(iii) the date of commencement of the exemption; and
(iv) the expiry date of the exemption (if any); and
(v) the conditions imposed on the exemption.
(7) For the purposes of section 77(3)(b) of the Act, the register under section 77 of the Act must contain the following information in respect of each permit issued under section 48 of the Act:
(a) the name of the person granted the permit;
(b) the date of first issue of the permit;
(c) the expiry date of the permit;
(d) the conditions imposed on the permit.
(8) For the purposes of section 77(6)(c) of the Act, the protection of the health or safety of an individual is a prescribed reason.
For the purposes of section 87(1) of the Act, notice of an intention to rely on the general defence under Part 8 of the Act or any other defence under the Act is to be given by notice in writing in a form approved by the Minister with service in accordance with section 94 of the Act.
For the purposes of section 98(10)(c) of the Act—
(a) a code, standard, specification, guideline or other document referred to or adopted by the regulations; and
(b) a standard, specification, guideline or other document referred to or incorporated by the regulations, or a code, standard or other document referred to or adopted by the regulations;
may be inspected during normal office hours at—
(c) the office of the Environment Protection Authority at Level 2, 211 Victoria Square, Adelaide; or
(d) any other office specified by the Minister by notice in the Gazette.
The radiation symbol consists of the conventional 3 blade design shown below.
The
symbol and background colours must comply with the requirements of
A reference in this Schedule to a code of compliance or code of practice is a reference to the code as in force from time to time.
(1) For the purposes of these regulations, the codes specified in column 2 of the table below are relevant codes in relation to the radiation source or radiation material specified opposite in column 1 of the table.
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(2) The
Code of Practice for Portable Density/Moisture Gauges Containing Radioactive Sources (2004) published by ARPANSA is modified as follows:
(a) a reference to a responsible person is to be taken to be a reference to an employer as defined in these regulations;
(b) a reference to the Transport Code is to be taken to be a reference to the Transport Code as defined in these regulations.
(3) The
Code of Practice for Radiation Protection in Veterinary Medicine (2009) published by ARPANSA is modified as follows:
(a) a reference to an operator is to be taken to be a reference to a worker as defined in these regulations;
(b) a reference to a responsible person is to be taken to be a reference to an employer as defined in these regulations;
(c) a reference to the Transport Code is to be taken to be a reference to the Transport Code as defined in these regulations.
(4) The
Code of Practice: Safe Use of Fixed Radiation Gauges (2007) published by ARPANSA is modified as follows:
(a) a reference to a responsible person is to be taken to be a reference to an employer as defined in these regulations;
(b) a reference to an employee is to be taken to be a reference to a worker as defined in these regulations;
(c) a reference to the Transport Code is to be taken to be a reference to the Transport Code as defined in these regulations.
(5) The
Statement on cabinet X‑ray equipment for examination of letters, packages, baggage, freight and other articles for security, quality control and other purposes (1987) published by ARPANSA is modified so that section 5.2(b) of the Statement does not apply to scanners to which there is no public access or where sufficient controls are in place so that insertion of any part of the human body into the primary beam is not possible.
(6) Each of the codes specified in column 1 of the table below is modified so that a reference in the specified code to an entity specified in column 2 of the table is taken to be a reference to the Minister.
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1—Medical exposures of patients to ionising radiation
(1) The following incidents involving medical exposures of patients to ionising radiation are declared to be notifiable radiation incidents:
(a) a diagnostic procedure not authorised for a patient by a health practitioner who may authorise an exposure to ionising radiation under regulation 106;
(b) a diagnostic procedure that results in an observable acute radiation effect;
(c) a therapeutic treatment that is delivered—
(i) to the wrong patient; or
(ii) to the wrong tissue; or
(iii) using the wrong radiopharmaceutical;
(d) the administration of a radioactive material for diagnostic purposes in which the activity of the material administered exceeds the activity prescribed in the hospital or practice standard protocol for that test by 50% or more;
(e) the administration of a radioactive material for therapeutic purposes in which the activity of the material administered differs from the activity prescribed by the health practitioner by 15% or more;
(f) the administration of a therapeutic dose of ionising radiation from radiation apparatus or a sealed radioactive source in which the dose delivered to the patient differs from the total treatment dose prescribed by the health practitioner by more than 10%.
(2) In subclause (1)(e) and (f), a reference to a health practitioner is a reference to the health practitioner who, under regulation 106, authorised the administration of the radioactive material or dose of ionising radiation from radiation apparatus or a sealed radioactive source, as the case may be.
2—Incidents that cause or may lead to radiation injuries or radiation doses exceeding the annual dose limits to workers or members of the public An incident that causes or may lead to—
(a) radiation injuries; or
(b) a worker receiving a dose of ionising radiation exceeding the annual effective dose limits prescribed by regulation 85(1)(a)(i); or
(c) a member of the public receiving a dose of ionising radiation exceeding the annual effective dose limits prescribed by regulation 85(1)(b)(i),
is declared to be a notifiable radiation incident.
3—Loss or theft of radioactive sources or radiation apparatus An incident involving the loss or theft of a radiation source is declared to be a notifiable radiation incident.
4—Incidents relating to the transport of radioactive material The following incidents are declared to be notifiable radiation incidents:
(a) the damage or loss of a package containing radioactive material during freight handling or transport;
(b) the transport of a package containing radioactive material without the document, placarding or labelling required by law.
5—Unintentional or unauthorised discharges of radioactive material into the environment An incident involving the discharge of radioactive material into the environment that is unintentional or is not authorised by law is declared to be a notifiable radiation incident if—
(a) in relation to a discharge of naturally occurring radioactive material—the discharge of the material will cause radiological exposure to the environment resulting, or potentially resulting, in 1 or more of the following:
(i) a change in current or future land use;
(ii) negative effects to flora or fauna; or
(b) in any other case—the activity of any radionuclide in the material exceeds 100 times the exempt activity for that radionuclide.
6—Damage to, or malfunctioning of, radiation apparatus or sealed radioactive source An incident involving damage to, or the malfunctioning of, radiation apparatus or a sealed radioactive source is declared to be a notifiable radiation incident if the damage or malfunctioning could in any way affect the radiation safety of the apparatus or source.
7—Contamination with, or dispersal of, radioactive material An incident involving the contamination of a surface, substance or material by a radioactive material resulting from the spillage of more than 100 times the exempt activity of a radionuclide contained in the radioactive material is declared to be a notifiable radiation incident.
(1) An incident involving a radiation source that is out of control is declared to be a notifiable radiation incident.
(2) For the purposes of subclause (1), a radiation source is out of control if the source is not safely secured (including where it is stolen or lost) or shielded, or contamination is not confined and requires the activation of contingency plans to confine the radiation source or otherwise bring it under control.
(3) In this clause—
radiation source means a radiation source that is required to be registered under the Act.
For the purposes of regulations 18(2)(c) and 21(1)(g), the following apparatus are specified:
(a) television receivers;
(b) visual display units;
(c) cold cathode gas discharge tubes;
(d) electron microscopes;
(e) ionising radiation apparatus under development or in developmental testing (for the purposes of design or manufacture) in a facility or premises in relation to which a radiation management licence applies.
For the purposes of regulations 16(3)(b), 17(1), 19(2) and 20(a), the following radiation sources are specified:
(a) Americium-241 sealed sources of activity up to 40 kBq used in domestic smoke alarms meeting the requirements of AS3786:1993;
(b) depleted uranium in solid massive form that is used for ballast in aircraft and boats and ships;
(c) depleted uranium that is completely contained within an appropriate metallic sheath, and is used as radiation shielding in a container for radioactive sources that complies with the requirements of the Transport Code;
(d) a gaseous tritium light source that is solely used for safety purposes and includes less than 74 GBq of tritium;
(e) a sealed radioactive source used for teaching the characteristics and properties of radiation or radiation sources and containing a radionuclide listed in column 1 of the table below, with an activity not greater than listed in column 2 of the table:
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(f) a geological sample that contains radioactive material, if the sample—
(i) emits radiation at a level not more than 5 micrograys an hour, measured at a distance of 10 cm from its surface; or
(ii) is being used as a sample in teaching or for display as a geological specimen;
(g) an electron capture detector or similar device used in gas chromatography containing a nickel-63 sealed source with activity not more than 750 MBq, or tritium source with activity not more than 20 GBq;
(h) lighting products that include krypton-85.
Schedule 5—Notice of right to elect to be prosecuted
File Number:
Issued by:
Date:
To:
1The Minister for Climate, Environment and Water is satisfied that you have committed an offence by contravening a provision of the
Radiation Protection and Control Act 2021 as follows:Provision contravened:
Address or location of contravention:
Details of contravention:
2The purpose of this notice is to advise you that you may, by written notice to the Minister, elect to be prosecuted for the contravention (see section 66(3) of the Act).
If you do not elect to be prosecuted, the Minister may commence civil penalty proceedings under section 66 of the Act for the purpose of obtaining an order from the Environment, Resources and Development Court that you pay an amount as a civil penalty in respect of the contravention. In these civil proceedings, any contravention of the Act would only need to be proved on the balance of probabilities.
3
If you elect to be prosecuted, rather than negotiating a civil penalty with the Minister or facing civil penalty proceedings, you must serve a written notice on the Minister within 21 days after service of this notice. 4The following matters are relevant to the provision of a notice of election to the Minister:
(1) The notice must be addressed to the Minister as follows:
[insert relevant information]
(2) You may choose to use the Attachment (below) or you may inform the Minister by your own letter, quoting your name and the File Number shown at the top of this document.
(3) Section 66 of the Act may be found at
and additional information about the Act can be obtained from Information concerning this notice can also be obtained by telephoning the Manager, Investigations Branch on [insert telephone number] .(4) If you do not, within 21 days after service of this notice, give notice to the Minister of election to be prosecuted, proceedings may be commenced to recover a civil penalty in the Environment, Resources and Development Court.
To: Minister for Climate, Environment and Water
File number of notice under section 66 of the
I elect to be prosecuted for the alleged contravention specified in the notice of the file number set out above.
Name in full:
Contact details:
Date:
Signed:
I, having authority to act for and on behalf of the company in this matter, give notice that the company elects to be prosecuted for the alleged contravention specified in the notice of the file number set out above.
Name of company:
Name in full of person with authority to act:
Contact details:
Date:
Signed:
*
Schedule 6—Modifications to Transport Code and International Regulations
(1) Clause 2.3—delete the clause and substitute:
2.3The 'relevant transport regulations for dangerous goods' referred to in paragraphs 110, 506 and 507 of the International Regulations are the
Dangerous Substances (Dangerous Goods Transport) Regulations 2008 which are based on the 7th edition of theAustralian Code for the Transport of Dangerous Goods by Road & Rail (ADG7) .(2) Clause 2.4—delete "ADG7.6" and substitute:
Dangerous Substances (Dangerous Goods Transport) Regulations 2008 (3) Schedule B, Table B1—delete the entry relating to South Australia and substitute:
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(1) Paragraph 557—delete the paragraph and substitute:
557. The
consignor shall ensure that before apackage , the design of which requires the approval of acompetent authority first enters, or is moved within the State, copies of any certificate issued in relation to the design of thatpackage by acompetent authority for a place outside this State have been submitted to thecompetent authority for this State.(2) Paragraph 558—delete the first and second sentences of the paragraph and substitute:
The
consignor shall, at least 7 days before ashipment of a kind listed in (a), (b) or (c) below first enters, or is moved within, the State, give thecompetent authority for the State notice of theshipment .(3) Paragraph 562—delete (a) and (b) and substitute:
(a) In accordance with section 5 of the
Radiation Protection and Control Act 2021 ;(4) Paragraph 701—delete "any of the following methods listed below or by a combination thereof" and substitute:
such of the methods listed below, or by such combination of those methods, as is approved by the
competent authority for the State in relation to a particularpackage
1—Repeal of Radiation Protection and Control (Ionising Radiation) Regulations 2015 The
Radiation Protection and Control (Ionising Radiation) Regulations 2015 are repealed.
2—Repeal of Radiation Protection and Control (Non-Ionising Radiation) Regulations 2013 The
Radiation Protection and Control (Non-Ionising Radiation) Regulations 2013 are repealed.
3—Repeal of Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2018 The
Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2018 are repealed.
In this Part—
radioactive substance has the same meaning as in the repealed regulations;
repealed regulations means theRadiation Protection and Control (Ionising Radiation) Regulations 2015 .
(1) A permission of the Minister granted under regulation 13(2) of the repealed regulations and in force immediately before the commencement of these regulations continues to apply according to its terms as if it were permission granted under regulation 85(4) of these regulations.
(2) A permission of the Minister granted under regulation 13(5) of the repealed regulations and in force immediately before the commencement of these regulations continues to apply according to its terms as if it were permission granted under regulation 85(5) of these regulations.
(1) If a person had given notice under Part 4 of the repealed regulations before the commencement of these regulations in relation to ionising radiation apparatus, regulation 42 of these regulations applies after that commencement in relation to that notice as if the notice was given under a provision of Part 4 Division 3 Subdivision 1 of these regulations.
(2) If a person had given notice under Part 5 of the repealed regulations before the commencement of these regulations in relation to a radioactive substance, regulation 56 of these regulations applies after that commencement in relation to that notice as if the notice was given under a provision of Part 4 Division 4 Subdivision 1 of these regulations.
7—Directions to place monitoring equipment on premises
(1) A direction given to a person under regulation 18 of the repealed regulations that is in force immediately before the commencement of this clause will, on that commencement, be taken to be a direction given under regulation 87 of these regulations.
(2) A direction given to a person under regulation 19 of the repealed regulations that is in force immediately before the commencement of this clause will, on that commencement, be taken to be a direction given under regulation 88 of these regulations.
An approval of a device under regulation 20 of the repealed regulations that is in force immediately before the commencement of this clause will, on that commencement, continue in force and be taken to be an approval given under regulation 89 of these regulations.
9—Approval to disclose personal radiation exposure records An approval to disclose information under regulation 23(d) of the repealed regulations that is in force immediately before the commencement of this clause will, on that commencement, continue in force and be taken to be an approval given under regulation 92(d) of these regulations.
10—Directions to maintain records of certain measurements A direction given to a person under regulation 25 of the repealed regulations that is in force immediately before the commencement of this clause will, on that commencement, be taken to be a direction given under regulation 93 of these regulations.
An approval of the Minister under regulation 44 of the repealed regulations in force immediately before the commencement of this clause will, on that commencement, continue in force and be taken to be an approval given under regulation 108 of these regulations.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations
Year
No
Reference
Commencement
2022
92
Gazette 27.10.2022 p6377 11.2.2023: r 2
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