Radiation Safety Act 1999 (Qld)

Radiation Safety Act 1999

An Act to provide for the control generally of sources of ionising radiation and harmful non-ionising radiation, and for other purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Radiation Safety Act 1999.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Division 2 Operation of Act

3   Act binds all persons

(1)This Act binds all persons, including the State.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

Division 3 Objects

4   Main object of Act and its achievement

(1)The main object of this Act is to protect persons and the environment from the harmful effects of particular sources of ionising radiation and harmful non-ionising radiation.

(2)The object is to be achieved mainly by—

(a)establishing a licensing regime to regulate—

(i)the possession and use of radiation sources; and

(ii)the transportation of radioactive substances; and

(b)establishing a legislative framework to ensure radiation sources and the premises at which they are used, and the premises at which radioactive substances are stored, comply with radiation safety standards; and

(c)imposing restrictions on—

(i)the acquisition and relocation of radiation sources; and

(ii)the disposal of radiation apparatus and radioactive material; and

(d)requiring a person who possesses a radiation source for a radiation practice to have an approved radiation safety and protection plan for the practice; and

(e)requiring a person who possesses a security enhanced source to have an approved security plan for the source; and

(f)requiring a person to have an approved transport security plan for the transport of a security enhanced source; and

(g)ensuring the health and safety of any person are, or the environment is, not adversely affected by the carrying out of radiation practices with radiation sources; and

(h)establishing a legislative framework within which compliance monitoring, and investigative and enforcement activities, may be undertaken; and

(i)establishing the Radiation Advisory Council.

Division 4 Radiation safety, protection and security principles

5   Guiding principles

The principles intended to guide the achievement of this Act’s main object (the radiation safety, protection and security principles) are the following—

(a)People should be protected from unnecessary exposure to ionising radiation through the processes of justification, limitation and optimisation.

•Justification

Justification involves assessing whether more good than harm results from a radiation practice.

•Limitation

Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable.

•Optimisation

Optimisation involves minimising health risks to any person, with the broad objective that the degree of exposure to radiation, number of persons exposed and likelihood of exposure be kept as low as reasonably achievable, having regard to economic and social factors.

(b)People should be protected from unnecessary exposure to harmful non-ionising radiation through the processes of specifying emission or absorption standards, limitation and avoidance.

•Specifying emission or absorption standards

Specifying emission or absorption standards involves deciding thresholds above which exposure to radiation may result in unacceptable health risks to any person.

•Limitation

Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable.

•Avoidance

Avoidance involves minimising, as far as practicable, exposures to radiation.

(c)People should be protected from unnecessary exposure to radiation resulting from a malevolent event by ensuring that radiation sources are safely managed and securely protected at all times, including after the end of their useful life.

Division 5 Interpretation

6   Interpretation to promote radiation safety, protection and security principles

In interpreting a provision of this Act, a construction that would promote radiation safety, protection and security principles is to be preferred to a construction that would not promote radiation safety, protection and security principles.

7   Dictionary

The dictionary in schedule 2 defines particular words used in this Act.

8   When a possession licensee is taken to remain in possession of a radiation source

(1)For this Act, a possession licensee who allows another person to carry out a radiation practice with a radiation source in compliance with the licensee’s approved radiation safety and protection plan for the practice is taken to remain in possession of the source while the other person has the source for the purpose of the practice.

(2)For subsection (1), a reference to a radiation source or radiation practice is a reference to the source or practice to which the licence relates.

(3)Also, for this Act, a possession licensee who allows another person to transport a radioactive substance to which the licence relates is taken to remain in possession of the substance while the other person has the substance for the purpose of the transportation.

9   Meaning of use in relation to a radiation source or the carrying out of a radiation practice

(1)Use a radiation source, means actual use by an individual of radiation emitted from the source, and includes, for a radiation source that is a radioactive substance, administer the substance to, or inject or implant the substance into, an animal or person.

(2)Use, in relation to the carrying out of a radiation practice with a radiation source, means actual use by an individual of radiation emitted from the source to carry out the practice.

(3)For subsections (1) and (2), it is immaterial whether the individual is using the radiation in the capacity of an agent or employee.

10   Meaning of carry out in relation to a radiation practice

(1)Carry out, in relation to a radiation practice, means the actual performance of the practice by an individual.

(2)For subsection (1), it is immaterial whether the individual is carrying out the practice in the capacity of an agent or employee.

11   Meaning of radiation practice

(1)Radiation practice means an activity in relation to a radiation source that may result, whether or not intentionally, in exposing anyone to radiation, but does not include the transport of a radioactive substance.

(2)To remove doubt, it is declared that the storing of a radioactive substance is a radiation practice.

Part 2    Licences

12   Requirement for possession licence

(1)A person must not possess a radiation source, unless the person is allowed to possess it under a possession licence.

Maximum penalty—

(a)for a radiation source that is not a security enhanced source—1,000 penalty units; or

(b)for a security enhanced source—2,500 penalty units.

Editor’s note—

Part 7 states the requirements to be complied with to obtain a possession licence and other types of licences.

(2)For subsection (1), a person is not in possession of a radiation source merely because the person is being allowed by a possession licensee for the source—

(a)to carry out a radiation practice, to which the licence relates, with the source in compliance with the licensee’s approved radiation safety and protection plan for the practice; or

(b)if the source is a radioactive substance—to transport the substance.

(3)Also, for subsection (1), a person is not in possession of a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.

13   Requirement for use licence

(1)A person must not use a radiation source, unless the person is allowed to use it under a use licence.

Maximum penalty—

(a)for a radiation source that is not a portable security enhanced source—400 penalty units; or

(b)for a portable security enhanced source—2,500 penalty units.

Example of when a person needs a use licence—

A person who uses a radiation source to irradiate another person as part of a diagnostic or therapeutic procedure must do so under a use licence allowing the use of the source to carry out the procedure.

Editor’s note—

Under section 49(2), only an individual may apply for a use licence.

(2)Subsection (1) does not apply to a person if—

(a)the person is using the source in the presence, and under the personal supervision, of a use licensee who is allowed, under the licence, to use the source to carry out a radiation practice; and

(b)the use is for the purpose of—

(i)helping the licensee to carry out the practice, if the practice is a prescribed radiation practice; or

(ii)the person undergoing training prescribed under a regulation.

(3)In this section—

prescribed radiation practice means a radiation practice, other than the carrying out of a diagnostic or therapeutic procedure involving the irradiation of another person, prescribed under a regulation.

14   Requirement for transport licence—transport by road

(1)Subsection (2) applies if a radioactive substance is being transported by road in a vehicle.

(2)The person in charge of the vehicle must hold a transport licence to transport the substance.

Maximum penalty—

(a)for a radioactive substance that is not a security enhanced source—400 penalty units; or

(b)for a radioactive substance that is a security enhanced source—2,500 penalty units.

Editor’s note—

Under section 49(2), only an individual may apply for a transport licence that allows the transport of a radioactive substance by road.

(3)However, the person is not required to hold a transport licence if the person is helping a transport licensee to transport a radioactive substance, to which the licence relates, by road and the person is in the licensee’s presence.

15   Requirement for transport licence—transport otherwise than by road

(1)A person must not transport a radioactive substance other than by road, unless the person is the holder of a transport licence to transport the substance.

Maximum penalty—

(a)for a radioactive substance that is not a security enhanced source—400 penalty units; or

(b)for a radioactive substance that is a security enhanced source—2,500 penalty units.

(2)Subsection (1) does not apply to a person who transports the substance merely as an employee.

Part 3    Radiation safety standards and certificates of compliance

Division 1 Radiation safety standards

16   Making of radiation safety standards

(1)The Minister may make radiation safety standards about—

(a)radiation sources in relation to the carrying out of radiation practices; or

(b)the sealing of radioactive substances; or

(c)sealed source apparatus; or

(d)premises at which radiation sources are used to carry out radiation practices; or

(e)premises at which radioactive substances are stored.

(2)A radiation safety standard must state the day the standard expires.

(3)The stated day must not be more than 10 years after the standard is made.

(4)The Minister must notify the making of a radiation safety standard.

(5)The notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours at the places.

(6)The notice is subordinate legislation.

Division 2 Obligations of possession licensees in relation to radiation safety standards

17   Obligations of possession licensees

(1)A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice unless—

(a)the source complies with the relevant radiation safety standard; and

(b)if the source is to be used to carry out the practice at premises—the premises comply with the relevant radiation safety standard.

Maximum penalty—200 penalty units.

(2)A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, on premises that do not comply with the relevant radiation safety standard.

Maximum penalty—200 penalty units.

Division 3 Certificates of compliance

18   When a possession licensee must obtain a certificate of compliance

(1)Subsection (2) applies in relation to a radiation source if there is a relevant radiation safety standard for the source.

(2)A possession licensee who, under the licence, possesses the source for a radiation practice must ensure the source is not used to carry out the practice unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the source.

Maximum penalty—50 penalty units.

(3)Subsections (4) and (5) apply in relation to premises if there is a relevant radiation safety standard for the premises.

(4)A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice at the premises unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the premises.

Maximum penalty—50 penalty units.

(5)A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, at the premises unless, within the period prescribed under a regulation before the day of storage, the licensee has obtained a certificate of compliance for the premises.

Maximum penalty for subsection (5)—50 penalty units.

19   Circumstances for giving certificate of compliance

(1)An accredited person may issue a certificate of compliance for—

(a)a radiation source to be used to carry out a radiation practice; or

(b)the premises at which a radiation source is to be used to carry out a radiation practice; or

(c)the premises at which a radioactive substance is to be stored.

(2)The certificate of compliance must state that the source or premises comply with the relevant radiation safety standard.

(3)However, an accredited person must not issue a certificate of compliance for a radiation source or premises unless, under the person’s accreditation certificate, the person is allowed to issue the certificate of compliance for the source or premises.

(4)Subsection (5) applies in relation to a radiation source or premises if there is a relevant radiation safety standard for the source or premises.

(5)An accredited person must not issue a certificate of compliance for the source or premises unless the person is satisfied the source or premises comply with the standard.

(6)A certificate of compliance must be in the approved form.

Editor’s note—

See section 82(1)(c) for an effect of a contravention of subsection (3) or (5).

20   Assessment report

(1)This section applies if an accredited person is acting on a request for a certificate of compliance for a radiation source or premises.

(2)The accredited person must assess whether the source or premises comply with the relevant radiation safety standard.

(3)The accredited person must prepare a report (an assessment report), for the source or premises, stating the following—

(a)whether or not the source or premises comply with the relevant radiation safety standard;

(b)if the source or premises do not comply with the relevant radiation safety standard—particulars of what needs to be done for the source or premises to comply with the standard (the requirements).

(4)The assessment report must be in the approved form.

(5)If the report states requirements, the accredited person must, as soon as practicable, give a copy of the report to the person who asked for the certificate of compliance.

(6)If the report does not state requirements, the accredited person must issue a certificate of compliance for the source or premises.

(7)The accredited person must give the chief executive a copy of the report mentioned in subsection (6) as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued.

Maximum penalty—50 penalty units.

(8)If the report states requirements and none of the requirements are complied with within 30 days after a copy of the report is given to a person under subsection (5), the accredited person must as soon as practicable give the chief executive a copy of the report.

Maximum penalty for subsection (8)—50 penalty units.

21   Amendment of assessment report—all requirements complied with

(1)This section applies if—

(a)the assessment report states requirements; and

(b)the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, all the requirements have been complied with.

(2)The accredited person must—

(a)amend the report to indicate all the requirements have been complied with; and

(b)issue a certificate of compliance for the source or premises.

(3)The accredited person must give the chief executive a copy of the amended report as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued.

Maximum penalty for subsection (3)—50 penalty units.

22   Amendment of assessment report—some requirements complied with

(1)This section applies if—

(a)the assessment report states requirements; and

(b)the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, that some, but not all, the requirements have been complied with.

(2)The accredited person must amend the report to indicate the requirements that have been complied with.

(3)The accredited person must give the chief executive a copy of the amended report as soon as practicable after the 30 day period has ended.

Maximum penalty for subsection (3)—50 penalty units.

Part 4    Acquisition, supply and relocation of radiation sources

23   Who may acquire a radiation source

(1)A person must not acquire a radiation source, unless the person is a possession licensee for the source and the holder of an approval to acquire the source.

Maximum penalty—

(a)for a radiation source that is not a security enhanced source—400 penalty units; or

(b)for a security enhanced source—2,500 penalty units.

Editor’s note—

Part 7 states the requirements to be complied with to obtain an approval to acquire.

(2)For subsection (1), a person does not acquire a radiation source merely because a possession licensee, under the licence, possesses the source for a radiation practice and the person is being allowed by the licensee—

(a)to carry out the practice with the source in compliance with the licensee’s approved radiation safety and protection plan for the practice; or

(b)if the source is a radioactive substance—to transport the substance.

(3)Also, for subsection (1), a person does not acquire a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.

24   Supply of radiation sources

(1)A person must not supply a radiation source to another person, unless the other person is a possession licensee for the source and the holder of an approval to acquire the source.

Maximum penalty—

(a)for a radiation source that is not a security enhanced source—400 penalty units; or

(b)for a security enhanced source—2,500 penalty units.

(2)For subsection (1), a possession licensee who, under the licence, possesses a radiation source for a radiation practice does not supply the source to another person merely because the other person is being allowed by the licensee—

(a)to carry out the practice with the source in compliance with the licensee’s approved radiation safety and protection plan for the practice; or

(b)if the source is a radioactive substance—to transport the substance.

(3)Also, for subsection (1), a person (the first person) does not supply a radiation source to another person merely because the first person injects the other person, or an animal kept by the other person, with a radioactive substance, or a radioactive substance is administered to or implanted in the other person or animal by the first person, as part of a diagnostic or therapeutic procedure.

(4)In this section—

sell includes give possession under a lease, exchange, hiring or other commercial arrangement.

supply, a radiation source, means sell, give away or otherwise give possession of the source.

25   Person must not relocate a radiation source without approval

A person must not relocate a radiation source from a place in Queensland to a place outside Queensland (whether in or outside Australia), unless the person is a possession licensee for the source and the holder of an approval to relocate the source.

Maximum penalty—

(a)for a radiation source that is not a security enhanced source—400 penalty units; or

(b)for a security enhanced source—2,500 penalty units.

Editor’s note—

Other provisions of this Act deal with the possession, acquisition, supply, transport and disposal of a radiation source in the State. Also, part 7 states the requirements to be complied with to obtain an approval to relocate.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A.

Part 5    Disposal of radioactive material and radiation apparatus and abandoning of radiation sources

26   Disposal of radioactive material

(1)A person must not dispose of radioactive material, unless—

(a)the concentration or activity of a radionuclide in the material is not more than the maximum concentration or activity prescribed under a regulation; or

(b)the person is the holder of an approval to dispose of the material and disposes of it as required under the approval.

Maximum penalty—2,500 penalty units.

Editor’s note—

Part 7 states the requirements to be complied with to obtain an approval to dispose.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A.

(2)For subsection (1)(a), a regulation may provide for the point of disposal at which the concentration or activity of the radionuclide in the material is to be decided.

27   Notification of disposal of radiation apparatus

(1)A person who disposes of a radiation apparatus must give the chief executive written notice of the disposal within 7 days after the disposal.

Maximum penalty—50 penalty units.

(2)For subsection (1), the notice must contain information adequate to identify the apparatus disposed of.

Example of identifying information—

the serial number of the radiation apparatus

27A   Person must not abandon radiation source

(1)A person must not abandon a radiation source.

Maximum penalty—2,500 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A.

(2)A person does not contravene subsection (1) if the person disposes of a radiation source under this Act.

Part 6    Other radiation safety, protection and security provisions

Division 1 Radiation safety and protection plans

Subdivision 1 Interpretation

28   What is a radiation safety and protection plan

(1)A radiation safety and protection plan, for a radiation practice, is a plan for the practice for which a possession licensee is allowed to possess a radiation source under the licence.

(2)The plan must state the following—

(a)particulars, and an assessment, of all the radiation hazards specific to the practice and source the licensee knows, or ought reasonably to know, exist or might arise;

(b)the radiation safety and protection measures to deal with the hazards;

(c)any other measures necessary to deal with the hazards;

(d)how the licensee proposes to monitor and review the implementation and effectiveness of the measures;

(e)the functions of the radiation safety officer to be appointed for the practice;

Editor’s note—

Section 37 lists the minimum functions of a radiation safety officer.

(f)particulars of a training program for persons carrying out the practice;

(g)other particulars prescribed under a regulation.

(3)Also, if a person, other than a person being irradiated as part of a diagnostic or therapeutic procedure, may receive from the carrying out of the practice a radiation dose higher than the radiation dose limit prescribed under a regulation, the plan must provide for—

(a)the supply of a personal monitoring device to the person; and

(b)the assessment of the device.

(4)The plan must be written in a way likely to be understood easily by persons who carry out the practice with the source.

Editor’s note—

The plan may need to take into account persons with special needs, for example, non-English speaking persons.

(5)The plan must be dated and signed by the licensee.

(6)In this section—

radiation safety and protection measures are measures, prescribed under a regulation, for preventing or minimising health risks to any person arising from exposure to radiation from the carrying out of a radiation practice.

Subdivision 2 Approval of, and amendment of approved, radiation safety and protection plans

29   Approval of radiation safety and protection plan

(1)This section applies if the chief executive issues a possession licence.

(2)The chief executive is taken to have approved the radiation safety and protection plan identified in the licence.

Note—

Under section 51(3) and (4)(a), an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source.

(3)The chief executive must endorse the plan with the chief executive’s written approval and give the endorsed plan to the possession licensee.

30   Changing approved radiation safety and protection plan—chief executive’s initiative

(1)The chief executive may change a possession licensee’s approved radiation safety and protection plan for a radiation practice if the chief executive considers it necessary or desirable to make the change, having regard to the requirements for a radiation safety and protection plan mentioned in section 28(2).

(2)Before changing the plan, the chief executive must—

(a)give a written notice to the licensee, stating—

(i)the particulars of the proposed change; and

(ii)the day it is proposed the change is to take effect; and

(iii)that the licensee may make written submissions to the chief executive about the proposed change before a stated day; and

(b)have regard to written submissions made to the chief executive by the licensee before the stated day.

(3)The stated day must not be earlier than 21 days after the notice is given to the licensee.

(4)If the chief executive decides to change the plan, the chief executive must immediately give the licensee an information notice about the decision.

(5)The change takes effect on the day stated for the change in the information notice and does not depend on—

(a)the plan being amended to incorporate the change; or

(b)the licence being amended to identify the amended plan.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee.

31   Changing approved radiation safety and protection plan—application by possession licensee

(1)A possession licensee may apply to the chief executive to change the licensee’s approved radiation safety and protection plan for a radiation practice.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(3)In deciding whether to grant the application, the chief executive must have regard to the requirements for a radiation safety and protection plan mentioned in section 28(2).

(4)If the chief executive decides to grant the application, the chief executive must immediately give the licensee notice of the decision.

(5)The change takes effect on the day stated for the change in the notice and does not depend on—

(a)the plan being amended to incorporate the change; or

(b)the licence being amended to identify the amended plan.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee.

(7)If the chief executive decides not to grant the application, the chief executive must immediately give the licensee an information notice about the decision.

(8)If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application.

32   Recording change of approved radiation safety and protection plan

(1)This section applies if a possession licensee receives an information notice under section 30(4), or a notice under section 31(4), about a change to the licensee’s approved radiation safety and protection plan for the radiation practice.

(2)Within 14 days after receiving the notice, the licensee must return the following documents to the chief executive—

(a)the plan, incorporating the change;

(b)the licensee’s possession licence in which the plan is identified.

Maximum penalty—50 penalty units.

(3)On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive’s written approval and give the endorsed plan to the licensee.

(4)On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee.

Subdivision 3 Obligations in relation to approved radiation safety and protection plans

33   Obligations in relation to approved radiation safety and protection plan—possession licensees

(1)This section applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice.

(2)The licensee must take reasonable steps to ensure a person carrying out the practice with the source—

(a)has always available for inspection a copy of the licensee’s approved radiation safety and protection plan for the practice; and

(b)has undergone the training program mentioned in the plan.

Maximum penalty for subsection (2)—100 penalty units.

34   Obligations in relation to approved radiation safety and protection plan—persons carrying out a radiation practice

(1)This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.

(2)A person must not carry out the practice with the source unless—

(a)the person has available for inspection a copy of the approved radiation safety and protection plan for the practice; and

(b)the person has undergone the training program mentioned in the plan.

Maximum penalty for subsection (2)—100 penalty units.

Division 1A Security plans

Subdivision 1 Interpretation

34A   What is a security plan

(1)A security plan is a plan for the security of a security enhanced source that a possession licensee is allowed to possess under the licence.

(2)The plan must state the following—

(a)particulars of the security enhanced source the licensee is allowed to possess;

(b)the radiation practice for which the licensee is allowed to possess the source;

(c)particulars, and an assessment, of all the security risks relating to the practice and source the licensee knows, or ought reasonably to know, exist or might arise;

(d)persons who have access to the source under the possession licensee’s licence and the type of access each person has to the source;

(e)other persons to whom the plan applies;

(f)the security measures for the source;

(g)any other measures necessary to deal with risks to the security of the source;

(h)how the licensee proposes to monitor and review the implementation and effectiveness of the measures;

(i)particulars of a training program for persons to whom the plan applies;

(j)if the possession licensee is a corporation—the name of the nominated person for the licensee;

(k)other particulars prescribed under a regulation.

(3)The plan must be written in a way likely to be easily understood by persons required to comply with the plan.

(4)The plan must be dated and signed by the licensee.

(5)In this section—

security measures are measures, prescribed under a regulation, for ensuring the security of a security enhanced source.

Subdivision 2 Approval of, and amendment of approved, security plans

34B   Approval of security plan

(1)This section applies if the chief executive issues a possession licence for a security enhanced source.

(2)The chief executive is taken to have approved the security plan identified in the licence.

(3)The chief executive must endorse the plan with the chief executive’s written approval and give the endorsed plan to the possession licensee.

Note—

See section 51(4)(b), for the requirement for an application for a possession licence for a radiation source that is a security enhanced source to be accompanied by the proposed security plan for the source.

34C   Changing approved security plan—chief executive’s initiative

(1)The chief executive may change a possession licensee’s approved security plan if the chief executive considers it necessary or desirable to make the change, having regard to the requirements for a security plan mentioned in section 34A(2).

(2)Before changing the plan, the chief executive must—

(a)give a written notice to the licensee, stating—

(i)the particulars of the proposed change; and

(ii)the day it is proposed the change is to take effect; and

(iii)that the licensee may make written submissions to the chief executive about the proposed change before a stated day; and

(b)have regard to written submissions made to the chief executive by the licensee before the stated day.

(3)The stated day must not be earlier than 21 days after the notice is given to the licensee.

(4)If the chief executive decides to change the plan, the chief executive must immediately give the licensee an information notice about the decision.

(5)The change takes effect on the day stated for the change in the information notice and does not depend on—

(a)the plan being amended to incorporate the change; or

(b)the licence being amended to identify the amended plan.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee.

34D   Changing approved security plan—application by possession licensee

(1)A possession licensee may apply to the chief executive to change the licensee’s approved security plan.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(3)In deciding whether to grant the application, the chief executive must have regard to the requirements for a security plan mentioned in section 34A(2).

(4)If the chief executive decides to grant the application, the chief executive must immediately give the licensee notice of the decision.

(5)The change takes effect on the day stated for the change in the notice and does not depend on—

(a)the plan being amended to incorporate the change; or

(b)the licence being amended to identify the amended plan.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee.

(7)If the chief executive decides not to grant the application, the chief executive must immediately give the licensee an information notice about the decision.

(8)If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application.

34E   Recording change of approved security plan

(1)This section applies if a possession licensee receives an information notice under section 34C(4), or a notice under section 34D(4), about a change to the licensee’s approved security plan.

(2)Within 14 days after receiving the notice, the licensee must return the following documents to the chief executive—

(a)the plan, incorporating the change;

(b)the licensee’s possession licence in which the plan is identified.

Maximum penalty—50 penalty units.

(3)On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive’s written approval and give the endorsed plan to the licensee.

(4)On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee.

Subdivision 3 Obligations in relation to approved security plans

34F   Obligations in relation to approved security plan—possession licensees

(1)This section applies to a possession licensee who, under the licence, possesses a security enhanced source.

(2)The licensee must take reasonable steps to ensure a person to whom the approved security plan for the source applies—

(a)has always available for inspection a copy of the parts of the plan relevant to the person; and

(b)has undergone the training program mentioned in the plan.

Maximum penalty for subsection (2)—2,500 penalty units.

34G   Obligations in relation to approved security plan—access of persons to security enhanced source

(1)This section applies if a possession licensee, under the licence, possesses a security enhanced source.

(2)A person (the first person) must not personally access, or allow another person access to, the source unless—

(a)the approved security plan provides for the first person and the other person to access the source; and

(b)the first person has available for inspection a copy of the parts of the approved security plan relevant to the access to the source; and

(c)the first person has undergone the training program mentioned in the plan.

Maximum penalty for subsection (2)—2,500 penalty units.

Division 1B Transport security plans

Subdivision 1 Interpretation

34H   What is a transport security plan

(1)A transport security plan is a plan for the security of a radioactive substance that is a security enhanced source during the transport of the source.

(2)The plan must state the following—

(a)particulars of the security enhanced source to be transported;

(b)particulars of the transport arrangements for the source;

(c)particulars, and an assessment, of all the security risks relating to the transport of the source the transport security plan holder of the plan knows, or ought reasonably to know, exist or might arise;

(d)persons who have access to the source and the type of access each person has to the source;

(e)other persons to whom the plan applies;

(f)the period for which the plan applies;

(g)the transport security measures for the source;

(h)any other measures necessary to deal with risks to the security of the source;

(i)how the transport security plan holder proposes to monitor and review the implementation and effectiveness of the measures;

(j)particulars of a training program for persons to whom the plan applies;

(k)if the transport security plan holder is a corporation—the name of the nominated person for the holder;

(l)other particulars prescribed under a regulation.

(3)The plan must be written in a way likely to be easily understood by persons required to comply with the plan.

(4)The plan must be dated and signed by the transport security plan holder.

(5)In this section—

transport security measures are measures, prescribed under a regulation, for ensuring the security of a security enhanced source during its transport.

Subdivision 2 Approval of, and amendment of approved, transport security plans

34I   When a person must have a transport security plan

(1)This section applies to the following persons—

(a)a possession licensee acquiring a security enhanced source that needs to be transported to effect the acquisition;

(b)a possession licensee relocating a security enhanced source that needs to be transported to effect the relocation;

(c)a possession licensee whose security enhanced source is being transported between locations for the licensee’s radiation practice;

(d)a transport licensee who is transporting 2 or more radioactive substances that have become a security enhanced source as a result of their aggregation;

(e)another person who is transporting 2 or more radioactive substances that have become a security enhanced source as a result of their aggregation.

(2)A person to whom this section applies must not transport a security enhanced source unless the person has an approved transport security plan for the transport of the source.

Maximum penalty—2,500 penalty units.

Note—

Sections 14 and 15 state the circumstances in which a person must hold a transport licence to transport a radioactive substance that is a security enhanced source.

34J   Application for approval of transport security plan

(1)An application for approval of a transport security plan must—

(a)be made to the chief executive; and

(b)be in the approved form; and

(c)be accompanied by—

(i)the proposed transport security plan; and

(ii)if the applicant is a possession licensee whose security enhanced source is to be transported between locations for the licensee’s radiation practice—the licensee’s licence; and

(iii)the fee prescribed under a regulation.

(2)The chief executive must consider the application and either grant, or refuse to grant, the application.

(3)The chief executive may grant the application only if the chief executive is satisfied the plan is adequate for the transport of the security enhanced source to which it relates, having regard to the requirements for a transport security plan mentioned in section 34H(2).

34K   Inquiries into applications

(1)Before deciding the application, the chief executive—

(a)may investigate the applicant; and

(b)may, by written notice given to the applicant, require the applicant to give the chief executive, within a reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 90 days after the chief executive receives the application.

34L   Decision

(1)If the chief executive decides to grant the application, the chief executive must—

(a)endorse the transport security plan with the chief executive’s written approval and give the endorsed plan to the applicant; and

(b)if the applicant is a possession licensee whose security enhanced source is being transported between locations for the licensee’s radiation practice—amend the licensee’s licence to identify the plan and give the amended licence to the applicant.

(2)If the chief executive decides to refuse to grant the application, the chief executive must immediately give the applicant an information notice about the decision.

34M   Failure to decide applications

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for approval of a transport security plan; and

(b)the chief executive has, under section 34K(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 90 days after the chief executive receives the further information or document.

34N   Changing approved transport security plan—chief executive’s initiative

(1)The chief executive may change an approved transport security plan if the chief executive considers it necessary or desirable to make the change having regard to the requirements for a transport security plan mentioned in section 34H(2).

(2)Before changing the plan, the chief executive must—

(a)give a written notice to the transport security plan holder, stating—

(i)the particulars of the proposed change; and

(ii)the day it is proposed the change is to take effect; and

(iii)that the transport security plan holder may make written submissions to the chief executive about the proposed change before a stated day; and

(b)have regard to written submissions made to the chief executive by the transport security plan holder before the stated day.

(3)The stated day must not be earlier than 21 days after the notice is given to the transport security plan holder.

(4)If the chief executive decides to change the plan, the chief executive must immediately give the transport security plan holder an information notice about the decision.

(5)The change takes effect on the day stated for the change in the information notice and does not depend on the plan being amended to incorporate the change.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the transport security plan holder.

34O   Changing approved transport security plan—application by transport security plan holder

(1)A transport security plan holder may apply to the chief executive to change the transport security plan holder’s approved transport security plan.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(3)In deciding whether to grant the application, the chief executive must have regard to the requirements for a transport security plan mentioned in section 34H(2).

(4)If the chief executive decides to grant the application, the chief executive must immediately give the transport security plan holder notice of the decision.

(5)The change takes effect on the day stated for the change in the notice and does not depend on the plan being amended to incorporate the change.

(6)The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the transport security plan holder.

(7)If the chief executive decides not to grant the application, the chief executive must immediately give the transport security plan holder an information notice about the decision.

(8)If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application.

34P   Recording change of approved transport security plan

(1)This section applies if a transport security plan holder receives an information notice under section 34N(4), or a notice under section 34O(4), about a change to the transport security plan holder’s approved transport security plan.

(2)Within 14 days after receiving the notice, the transport security plan holder must return the following documents to the chief executive—

(a)the plan incorporating the change; and

(b)if the applicant is a possession licensee whose security enhanced source is being transported between locations for the licensee’s radiation practice—the licensee’s possession licence in which the plan is identified.

Maximum penalty—50 penalty units.

(3)On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive’s written approval and give the endorsed plan to the transport security plan holder.

(4)On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee.

Subdivision 3 Obligations in relation to approved transport security plans

34Q   Obligations in relation to approved transport security plan—transport security plan holder

A transport security plan holder must take reasonable steps to ensure a person to whom the approved transport security plan applies—

(a)has always available for inspection a copy of the parts of the plan relevant to the person; and

(b)has undergone the training program mentioned in the plan.

Maximum penalty—2,500 penalty units.

34R   Obligations in relation to approved transport security plan—access of persons to security enhanced source

(1)This section applies if there is an approved transport security plan for the transport of a security enhanced source.

(2)A person (the first person) must not personally access, or allow another person access to, the source unless—

(a)the approved transport security plan provides for the first person and the other person to access the source; and

(b)the first person has available for inspection a copy of the parts of the approved transport security plan relevant to the access to the source; and

(c)the first person has undergone the training program mentioned in the plan.

Maximum penalty for subsection (2)—2,500 penalty units.

Division 2 Radiation safety officers

Subdivision 1 Appointment of radiation safety officers

35   When radiation safety officers must be appointed

(1)Subsection (2) applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice.

(2)The licensee must ensure, whenever the practice is being carried out, that a person has been appointed as, and is carrying out the functions of, a radiation safety officer for the practice.

Maximum penalty—100 penalty units.

(3)If the appointment of the radiation safety officer ends, the licensee does not contravene subsection (2) in relation to any period, before the start of a new appointment, that may be reasonably necessary for the appointment to be made or take effect.

36   Who may be appointed

(1)Only a qualified person who holds a radiation safety officer certificate relevant to a radiation practice may be appointed as a radiation safety officer for the practice.

(2)Subject to subsection (1), a possession licensee who is a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice.

(3)Despite subsection (1), a possession licensee who is not a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice if the licensee is the holder of a qualification, relevant to the practice, prescribed under a regulation.

Subdivision 2 Functions of radiation safety officers

37   Functions

(1)This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.

(2)The licensee’s approved radiation safety and protection plan for the practice must state at least the following functions for a radiation safety officer appointed by the licensee for the practice—

(a)to identify ways, consistent with the plan, of minimising the radiation doses received by persons from the source;

(b)to provide, or arrange for the provision of, training about radiation hazards and safe working practices to—

(i)persons carrying out the practice; and

(ii)the licensee’s employees and other persons working for the licensee who may be exposed to radiation emitted from the source; and

(iii)other persons prescribed under a regulation;

(c)to provide, or arrange for the provision of, training to the persons mentioned in paragraph (b) about precautions that need to be taken to ensure radiation doses received by the persons and other persons from the source, are—

(i)for ionising radiation—below the radiation dose limit prescribed under a regulation and as low as reasonably achievable; or

(ii)for non-ionising radiation—below the radiation dose limit prescribed under a regulation and minimised as far as is practicable;

(d)to identify whether the plan is being complied with;

(e)to regularly review the plan to ensure its continued effectiveness;

(f)to identify whether the relevant radiation safety standard for the source, or premises at which the practice is being carried out, is being complied with.

(3)If a radiation safety officer appointed for the practice is not also the possession licensee for the practice, the plan must also state the following functions for the officer—

(a)to advise the licensee of the ways, identified under subsection (2)(a), of minimising the radiation doses received by persons from the source;

(b)to report to the licensee—

(i)any contravention of the plan or the relevant radiation safety standard identified under subsection (2)(d) or (f); and

(ii)what action needs to be taken to ensure compliance with the plan or standard;

(c)to advise the licensee of the results of a review under subsection (2)(e) and make recommendations to the licensee about changes to the plan.

(4)In this section—

employees, of a possession licensee, include agents of the licensee and the agents’ employees.

Division 3 Radiation monitoring

38   Radiation monitoring—possession and use licensees

(1)This section applies to the following persons—

(a)a possession licensee who—

(i)under the licence, possesses a radiation source for a radiation practice; and

(ii)provides to another person (the monitored person) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice;

(b)a possession licensee who, under the licensee’s approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person) required to be provided with a personal monitoring device;

(c)a use licensee (also the monitored person) who, as a condition of the licence, is required—

(i)to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and

(ii)to have the device assessed from time to time.

(2)The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan or condition, give the chief executive written notice of the result.

Maximum penalty—50 penalty units.

Editor’s note—

Under section 28(3)(b), the radiation safety and protection plan is required to provide for the assessment of personal monitoring devices.

(3)Without limiting subsection (2), the licensee is taken to comply with subsection (2) if the notice is given to the chief executive, on the licensee’s behalf, by the person who conducted the assessment, as soon as practicable after the assessment is carried out.

(4)The licensee must keep an up-to-date record for the monitored person (a personal monitoring record), containing the following information—

(a)the results of all the assessments;

(b)other information prescribed under a regulation.

Maximum penalty—100 penalty units.

(5)Without limiting the ways in which a possession licensee or use licensee may comply with subsection (4), a possession licensee or use licensee is taken to comply with subsection (4) if the personal monitoring record is kept, on the licensee’s behalf, by another person under arrangements approved in writing by the chief executive.

(6)For subsection (4), the personal monitoring record must be kept until the later of the following days—

(a)the day that is 30 years after the day when the last assessment happened;

(b)the day when the monitored person turns, or would have turned, 75 years.

(7)The licensee must make the personal monitoring record available for inspection by the chief executive or an inspector at any reasonable time.

Maximum penalty for subsection (7)—50 penalty units.

39   Obligations about personal monitoring records—certain possession licensees

(1)Subsections (2) and (3) apply to a possession licensee who—

(a)under the licence, possesses a radiation source for a radiation practice; and

(b)provides to another person a personal monitoring device, as required under the licensee’s approved radiation safety and protection plan for the practice.

(2)The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan, take reasonable steps to make the person aware of the result.

Maximum penalty—50 penalty units.

(3)The licensee must allow the person to inspect, at any reasonable time, the personal monitoring record kept by the licensee for the person.

Maximum penalty—50 penalty units.

(4)Subsection (5) applies if the person stops being a person to whom the licensee is required to provide a personal monitoring device under the plan.

(5)If asked in writing by the person during the period for which a personal monitoring record is required to be kept by the licensee for the person, the licensee must as soon as practicable give the person a copy of the record.

Maximum penalty for subsection (5)—50 penalty units.

Editor’s note—

Section 38(6) states the period for which a personal monitoring record is required to be kept by the licensee for the person.

40   Other obligations in relation to personal monitoring records

(1)This section applies if—

(a)a person stops being a licensee who is required to keep a personal monitoring record under section 38(4); and

(b)immediately before the person stopped being a licensee of that type, the person was keeping a personal monitoring record under the subsection.

(2)The person must as soon as practicable ask the chief executive for directions about the keeping of the record.

Maximum penalty—50 penalty units.

(3)The chief executive must give the person written directions about the keeping of the record.

(4)Without limiting subsection (3), a direction may require the person to give the record to another person, including, for example, the chief executive, who is to keep the record.

(5)The directions are to ensure the record will continue to be kept until the later of the following days—

(a)the day that is 30 years after the day when the last assessment of a personal monitoring device, mentioned in the record, happened;

(b)the day when the person to whom the record relates turns, or would have turned, 75 years.

(6)The person must comply with the written directions given to the person by the chief executive, unless the person has a reasonable excuse.

Maximum penalty for subsection (6)—100 penalty units.

Division 4 Diagnostic or therapeutic procedures involving the irradiation of persons

41   Diagnostic or therapeutic procedures

(1)A person (the first person) must not prescribe for another person a therapeutic procedure, or request for another person a diagnostic procedure, involving the irradiation of the other person, unless the first person is authorised to do so under a regulation (an authorised person).

Maximum penalty—200 penalty units.

(2)A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person must not carry out the procedure unless the licensee reasonably believes the diagnostic procedure has been requested, or the therapeutic procedure has been prescribed, by an authorised person.

Maximum penalty—200 penalty units.

Examples of a diagnostic or therapeutic procedure involving the irradiation of a person—

1using an x-ray machine to identify bone fractures suffered by a person

2using a radiopharmaceutical administered to a person to assess the person’s thyroid function

3using an implanted radioactive substance to treat a person’s cancer

(3)A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person (the treated person) must ensure the treated person does not receive a radiation dose from the carrying out of the procedure in an amount, or a way, that does not comply with the request for the diagnostic procedure or prescription for the therapeutic procedure.

Maximum penalty—200 penalty units.

(4)Subsections (2) and (3) do not apply to a person who is an authorised person for the procedure.

(5)Also, the licensee must not, in carrying out the procedure with the source, allow another person involved in carrying out the procedure, other than the treated person, to receive a radiation dose higher than the radiation dose limit prescribed under a regulation.

Maximum penalty for subsection (5)—200 penalty units.

Example for subsection (5)—

A parent of a child, who is holding the child while the child is undergoing diagnostic radiography, is involved in carrying out the procedure.

Division 5 Limitation on exposure of any person to radiation

42   Causing radiation exposure from radiation practice

(1)This section applies in relation to a radiation source for a radiation practice possessed under a possession licence.

(2)A person, in carrying out the practice with the source, must not cause another person to receive a radiation dose higher than the radiation dose limit prescribed under a regulation.

Maximum penalty—500 penalty units.

(3)Subsection (2) does not apply if—

(a)the other person receives the dose while being a treated person; or

Editor’s note—

Section 41(3) deals with this situation.

(b)the other person receives the dose while involved in carrying out a diagnostic or therapeutic procedure involving the irradiation of a person.

Editor’s note—

Section 41(5) deals with this situation.

42A   Causing ionising radiation exposure from particular radioactive material

(1)This section applies to a person who possesses radioactive material that is not a radioactive substance.

(2)The person must ensure that another person does not receive a radiation dose of ionising radiation that is higher than the radiation dose limit prescribed by regulation for the ionising radiation.

Maximum penalty—100 penalty units.

Division 6 Additional obligations of possession licensees and other persons

43   Additional obligations of possession licensees

(1)This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.

(2)The licensee must take reasonable steps to ensure that neither of the following is adversely affected by exposure to radiation because of the carrying out of the practice with the source—

(a)the health or safety of any person;

(b)the environment.

Maximum penalty—500 penalty units.

(3)Without limiting the ways in which a possession licensee may comply with subsection (2), a possession licensee is taken to comply with subsection (2) if at the relevant time—

(a)the source complies with the relevant radiation safety standard; and

(b)if the practice is being carried out at premises—the premises comply with the relevant radiation safety standard; and

(c)the licensee is complying with the licensee’s approved radiation safety and protection plan for the practice.

(4)Also, the licensee must take reasonable steps to ensure another person does not use the source unless the person is allowed to do so under a use licence or otherwise under this Act.

Maximum penalty—500 penalty units.

Editor’s note—

Section 13(2) states circumstances in which a person is not required to hold a use licence to use a radiation source to carry out a radiation practice.

(5)Subsection (6) applies if the source is a radioactive substance.

(6)The licensee must take reasonable steps to ensure another person does not transport the substance unless the person is allowed to do so under a transport licence or otherwise under this Act.

Maximum penalty for subsection (6)—500 penalty units.

Editor’s note—

Section 14(3) states circumstances in which a person is not required to hold a transport licence to transport a radioactive substance.

44   Additional obligation of persons carrying out radiation practices

(1)This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.

(2)A person carrying out the practice with the source must take reasonable steps to ensure that neither of the following is adversely affected by exposure to radiation because of the way the person carries out the practice—

(a)the health or safety of any person;

(b)the environment.

Maximum penalty—500 penalty units.

(3)Without limiting the ways in which a person carrying out the practice with the source may comply with subsection (2), a person carrying out the practice with the source is taken to comply with subsection (2) if, at the relevant time, the person is complying with the licensee’s approved radiation safety and protection plan for the practice.

44A   Additional obligations of persons for security enhanced sources

(1)This section applies to the following persons—

(a)a possession licensee who, under the licence, possesses a security enhanced source;

(b)the possession licensee’s employees and other persons who have access, or control access, to the source under the licensee’s approved security plan or approved transport security plan for the source;

(c)other persons to whom the possession licensee’s approved security plan or approved transport security plan applies;

(d)a transport licensee who is transporting 2 or more radioactive substances that have become a security enhanced source as a result of their aggregation;

(e)the transport licensee’s employees and other persons who have access, or control access, to the source under the licensee’s approved transport security plan for the source;

(f)other persons to whom the transport licensee’s approved transport security plan applies;

(g)another person (the transporter) who is transporting 2 or more radiation sources that have become a security enhanced source as a result of their aggregation;

(h)the transporter’s employees and other persons who have access, or control access, to the source under the transporter’s approved transport security plan for the source;

(i)other persons to whom the transporter’s approved transport security plan applies.

(2)A person to whom this section applies must take reasonable steps to ensure the security of the security enhanced source.

Maximum penalty—2,500 penalty units.

(3)Without limiting the ways in which a person may comply with subsection (2), a person is taken to comply with subsection (2) if, at the relevant time, the person is complying with the parts of the following that apply to the person—

(a)the licensee’s approved security plan;

(b)an approved transport security plan applying to the transport of the source.

(4)In this section—

employees, of a licensee or transporter, include agents of the licensee or transporter and the agents’ employees.

44B   Requirement to have a nominated person

(1)This section applies to the following licensees if the licensee is a corporation—

(a)a possession licensee who is allowed to possess a security enhanced source under the licence;

(b)a transport licensee who is allowed to transport a radioactive substance that is a security enhanced source other than by road.

(2)The licensee must appoint and retain an individual (a nominated person) to oversee the security of the security enhanced source.

Maximum penalty—2,500 penalty units.

(3)If the appointment of the licensee’s nominated person ends, the licensee must give the chief executive written notice of the ending of the appointment within 7 days of its ending.

(4)If the licensee gives the chief executive written notice under subsection (3), the licensee does not contravene subsection (2) in relation to any period, before the start of a new appointment, that may be reasonably necessary for the appointment to be made or take effect.

Division 7 Mandatory reporting requirements

45   Notification of dangerous events

(1)This section applies—

(a)if a possession licensee, under the licence, possesses a radiation source for a radiation practice; and

(b)any of the following events (a dangerous event) happen—

(i)the source is, or appears to have been, lost or stolen;

(ii)there is a radiation incident in relation to the source, for which there are no remediation procedures stated in the licensee’s approved radiation safety and protection plan for the practice being carried out with the source at the time;

(iii)equipment that uses, measures or controls radiation emitted from the source malfunctions with the result, or likely result, that there is, or will be, an unintended emission of the radiation or a person is, or will be, unintentionally exposed to the radiation;

(iv)the source is damaged;

(v)the source is subject to access that is not provided for under an approved security plan or approved transport security plan.

(2)The licensee must give the chief executive notice, as required under subsections (3) and (4), of the dangerous event, unless the licensee has a reasonable excuse.

Maximum penalty—

(a)if the dangerous event relates to a radiation source that is not a security enhanced source—100 penalty units; or

(b)if the dangerous event relates to a radiation source that is a security enhanced source—2,500 penalty units.

(3)The notice must—

(a)be given immediately, orally or in writing; and

(b)state the following—

(i)particulars adequate to identify the source;

(ii)if the licensee knows the location of the source, its location;

(iii)if the licensee does not know the location of the source, the last location known to the licensee;

(iv)the circumstances surrounding the dangerous event;

(v)the steps taken, or proposed to be taken, to remedy the consequences of the dangerous event and to prevent the event happening again;

Example—

The possession licensee may initiate a review of the relevant security plan and submit changes to the plan to the chief executive for approval.

(vi)if a source is lost or stolen, other information relevant to the recovery of the source.

(4)If the notice is given orally, the licensee must give the chief executive a written notice confirming the oral notice within 7 days after the dangerous event happens.

(4A)If a notice under subsection (2) relates to a security enhanced source, the chief executive must immediately advise each relevant authority the chief executive considers appropriate of the details contained in the notice.

(5)In this section—

radiation incident means an incident adversely affecting, or likely to adversely affect, either of the following because of the emission of radiation—

(a)the health or safety of any person;

(b)the environment.

relevant authority means—

(a)the Queensland Police Service; or

(b)a body that has power under an Act of the Commonwealth or a State to deal with a radiation incident or dangerous event; or

(c)another body prescribed by regulation.

remediation procedures, for a radiation incident, means procedures designed to minimise the radiation hazard arising from the incident.

46   False or misleading notices

A possession licensee must not give the chief executive a notice under section 45 containing information the licensee knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

Division 8 Banned radiation sources and radiation practices

47   Banning of certain radiation sources

(1)A person must not possess, supply or use a radiation source that is prescribed under a regulation to be a banned radiation source.

Maximum penalty—400 penalty units.

(2)In this section—

sell means sell by retail, wholesale or auction, and includes—

(a)offer or agree to sell; and

(b)invite to treat or expose for sale; and

(c)cause or permit to be sold; and

(d)supply under a lease, exchange, hiring or other commercial arrangement.

supply includes—

(a)distribute, give or sell; and

(b)offer or agree to distribute or give; and

(c)cause or permit to be distributed or given; and

(d)attempt to supply or do an act mentioned in paragraphs (a) to (c).

47A   Banning of certain radiation practices

(1)A person in possession of a prescribed radiation source must not allow a radiation practice to be carried out that exposes another person prescribed under a regulation to radiation emitted from the source in the circumstances prescribed under a regulation.

Maximum penalty—400 penalty units.

(2)In this section—

prescribed radiation source means a radiation source prescribed by regulation for this section.

Part 7    Act instruments

Division 1 Preliminary

48   What is an Act instrument

An Act instrument is—

(a)a licence; or

(b)an accreditation certificate; or

(c)an approval; or

(d)a radiation safety officer certificate.

49   Who may apply for Act instruments

(1)Any person may apply for the following Act instruments—

(a)a possession licence;

(b)a transport licence that allows the transport of a radioactive substance other than by road;

(c)an approval to dispose.

(2)An individual, and only an individual, may apply for the following Act instruments—

(a)a use licence;

(b)a transport licence that allows the transport of a radioactive substance by road;

(c)an accreditation certificate;

(d)a radiation safety officer certificate.

Note—

See also section 103K in relation to persons who are taken to hold a use licence or a transport licence.

(3)A possession licensee, and only a possession licensee, may apply for the following Act instruments—

(a)an approval to acquire;

(b)an approval to relocate.

50   Act instrument issued jointly to more than 1 person

If an Act instrument is issued jointly to more than 1 person, a reference in this Act to the holder of the instrument is a reference to each of the persons.

50A   No Act instruments for banned radiation sources

A person may not apply for, and the chief executive may not issue, an Act instrument for a banned radiation source.

Division 2 Applications for, and issue of, Act instruments

Subdivision 1 Applications

51   Procedural requirements for applications

(1)An application for an Act instrument must—

(a)be made to the chief executive; and

(b)be in the approved form; and

(c)be accompanied by the following—

(i)the fees prescribed under a regulation;

(ii)other documents prescribed under a regulation.

(2)If the application is for an Act instrument prescribed by regulation for this subsection, the application must also be accompanied by—

(a)if the applicant is an individual—proof, to the satisfaction of the chief executive, of the individual’s identity; or

(b)if the applicant is required to appoint a nominated person—proof, to the satisfaction of the chief executive, of the nominated person’s identity.

(3)If the application is for a possession licence for a radiation source that is not a security enhanced source, the application must also be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source.

(4)If the application is for a possession licence for a radiation source that is a security enhanced source, the application must also be accompanied by—

(a)the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source; and

(b)the proposed security plan for the radiation source.

(5)If the application is for an approval to relocate, the application must also be accompanied by the written approval for the proposed relocation given by the regulatory authority responsible for preventing or minimising health risks to any person or harm to the environment, in so far as exposure to radiation is concerned, in the locality to which the applicant proposes to relocate the radiation source concerned.

(6)If the application is for a possession licence or transport licence for a security enhanced source or a use licence for a portable security enhanced source—

(a)the application must also be accompanied by the fee prescribed under a regulation for the security check and criminal history check under division 10; and

(b)the approved form must require—

(i)the disclosure of the applicant’s criminal history; and

(ii)if the applicant is a corporation—

(A)the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and

(B)the disclosure of that individual’s criminal history.

(7)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to a disclosure under subsection (6)(b).

(8)The chief executive must consider the application and either grant, or refuse to grant, the application.

(9)The chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to hold the instrument.

52   Different types of approval to acquire a radiation source

(1)An application for an approval to acquire may be made for—

(a)a single acquisition of a radiation source; or

(b)the periodic acquisition of an unsealed radioactive substance or prescribed sealed radioactive substance (a continuing approval to acquire).

Example for paragraph (a)—

A hospital may make application for an approval to acquire an x-ray machine.

Example for paragraph (b)—

A hospital may make application for an approval to acquire quantities of an unsealed radioactive substance, for use by a person in carrying out diagnostic or therapeutic procedures, on a weekly basis during the term of the possession licence held by the hospital for the substance.

(2)In this section—

prescribed sealed radioactive substance means a short-lived, low-activity sealed radioactive substance, usually used in carrying out a diagnostic or therapeutic procedure involving the irradiation of another person, prescribed under a regulation.

Subdivision 2 Criteria for applications

53   Criteria for applications—possession licences

(1)In deciding whether an applicant for a possession licence is a suitable person to hold the licence, the chief executive may have regard to the following—

(a)the radiation practice for which the applicant wants to possess the radiation source to which the application relates;

(b)for an ionising radiation source—the justification of the practice;

Note—

Justification is a radiation safety, protection and security principle under section 5.

(c)the adequacy of the proposed radiation safety and protection plan for the practice, having regard to section 28;

Note—

Under section 51(3) and (4)(a), an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source.

(d)the applicant’s ability to comply with a possession licensee’s obligations under sections 17, 18, 33 34F, 34Q, 43, 44A and 44B;

(e)if the applicant has been convicted of an indictable offence—the nature, and circumstances of the commission, of the offence;

(f)whether the applicant has been convicted of an offence against this Act, the repealed Act or a corresponding law;

(g)the outcome of the security check and criminal history check under division 10 for—

(i)the applicant; or

(ii)if the applicant is a corporation, the nominated person for the applicant;

(h)whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or a corresponding law, that was suspended or cancelled;

(i)if the application relates to a security enhanced source, the adequacy of the proposed security plan for the source, having regard to section 34A;

(j)anything else relevant to the security of the radiation source to which the application relates;

(k)anything else relevant to the following in so far as exposure to radiation is concerned—

(i)the health or safety of any person;

(ii)harm to the environment.

(2)For subsection (1)(g), the chief executive must have regard to whether—

(a)a person mentioned in that provision has been convicted of, or charged with, a relevant offence in Queensland or elsewhere; and

(b)it is an unacceptable security risk for the person to possess a security enhanced source.

54   Criteria for applications—use licences

(1)In deciding whether an applicant for a use licence is a suitable person to hold the licence, the chief executive may have regard to the following—

(a)the qualifications, training, skills, competence, knowledge and experience of the applicant that are relevant to the radiation practice to which the application relates;

(b)if the applicant is a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 or a health practitioner—any conditions attaching to the applicant’s registration, enrolment or accreditation as a veterinary surgeon or health practitioner limiting the applicant’s ability to carry out the practice;

(c)if the applicant has been convicted of an indictable offence—the nature, and circumstances of the commission, of the offence;

(d)whether the applicant has been convicted of an offence against this Act, the repealed Act or a corresponding law;

(e)the outcome of the security check and criminal history check under division 10 for the applicant;

(f)whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or a corresponding law, that was suspended or cancelled;

(g)anything else relevant to the security of the radiation source to which the application relates;

(h)anything else relevant to the following in so far as exposure to radiation is concerned—

(i)the health or safety of any person;

(ii)harm to the environment.

(2)For subsection (1)(e), the chief executive must have regard to whether—

(a)the applicant has been convicted of, or charged with, a relevant offence in Queensland or elsewhere; and

(b)it is an unacceptable security risk for the applicant to use a security enhanced source.

(2)The provisions of the repealed Act relating to the analysis or testing of the substance continue to apply.

Division 4 Transitional provisions for Radiation Safety Amendment Act 2010

231   Definitions for div 4

commencement means the commencement of this section.

transitional period means the period ending 6 months after the commencement.

232   Transitional provision relating to security plans for possession licensees

(1)This section applies to a possession licensee who, at the commencement, is in possession of a security enhanced source under the licensee’s licence (the existing licence).

(2)The provisions of this Act relating to security plans do not apply to the possession licensee’s existing licence while it remains in force during the transitional period.

(3)However, the provisions of the Act relating to security plans apply to the existing licence if it is renewed during the transitional period.

(4)The possession licensee may, within the transitional period, apply to have a new possession licence issued by the chief executive.

(5)The licensee’s existing licence expires on the earliest of the following—

(a)the expiry of the existing licence;

(b)the issue of a new licence to the licensee;

(c)the end of the transitional period.

(6)Subsection (5) applies subject to section 81.

233   Transitional provision for use licensees

(1)This section applies to a use licensee who, at the commencement, is authorised to use a radiation source that is a portable security enhanced source under the licensee’s licence (the existing licence).

(2)The use licensee may, within the transitional period, apply to have a new use licence issued by the chief executive.

(3)The licensee’s existing licence is taken to expire on the earlier of the following—

(a)the issue of a new licence to the licensee;

(b)the end of the transitional period.

234   Transitional provision for transport licensees

(1)This section applies to a transport licensee who, at the commencement, is authorised to transport a radioactive substance that is a security enhanced source under the licensee’s licence (the existing licence).

(2)The transport licensee may, within the transitional period, apply to have a new transport licence issued by the chief executive.

(3)The licensee’s existing licence is taken to expire on the earlier of the following—

(a)the issue of a new licence to the licensee;

(b)the end of the transitional period.

235   Transitional provision for transport security plans

(1)Section 34I does not apply to the transport of a security enhanced source by a person if the transport happens during the transitional period.

(2)However, nothing prevents the following during the transitional period—

(a)a person applying for approval of a transport security plan; or

(b)the chief executive deciding the application.

(3)Also, the provisions of part 6, division 1B apply to the following—

(a)an application made for an approval of a transport security plan during the transitional period;

(b)a transport security plan approved by the chief executive during the transitional period.

Division 5 Transitional provision for Health and Other Legislation Amendment Act 2014

236   Transitional provision for records of Radiological Advisory Council

(1)This section is taken to have applied from the repeal of the Radioactive Substances Act 1958 on the commencement of section 216.

(2)The records of the Radiological Advisory Council of Queensland under the repealed Radioactive Substances Act 1958 are the records of the council.

Division 6 Transitional provision for Health and Other Legislation Amendment Act 2019

237   Expiry of particular existing licences

(1)This section applies to a use licence (the existing licence) or a transport licence (also the existing licence)—

(a)in effect immediately before the commencement; and

(b)held by a person who is, on the commencement, a prescribed licensee.

(2)The existing licence is taken to have expired on the commencement.

Schedule 1 Decisions for which information notices must be given

section 182(3)

Section	Description of decision
30	changing an approved radiation safety and protection plan for a radiation practice
31	refusing to grant an application to change an approved radiation safety and protection plan for a radiation practice
34C	changing an approved security plan for a security enhanced source
34D	refusing to grant an application to change an approved security plan for a security enhanced source
34L	decision to refuse to grant an application for approval of a transport security plan
34N	changing an approved transport security plan for the transport of a security enhanced source
34O	refusing to grant an application to change an approved transport security plan for the transport of a security enhanced source
62	refusing to grant an application for an Act instrument
76	issuing an Act instrument on conditions
79	refusing to renew a renewable Act instrument
86	suspending or cancelling an Act instrument
88	immediately suspending an Act instrument
95	changing conditions of a conditional Act instrument or subjecting a conditional Act instrument to conditions
96	refusing to grant an application to change conditions of a conditional Act instrument
101	refusing to grant an application for the replacement of an Act instrument
133(1)(c) or (2)	decision resulting in a thing being forfeited to the State

Schedule 2 Dictionary

section 7

accepted representations see section 84(2).

accreditation certificate means an accreditation certificate issued under section 62.

accredited person means the holder of an accreditation certificate.

Act instrument see section 48.

amend, an assessment report, includes prepare another assessment report.

appointed member see section 163(1)(b) and (c).

approval means an approval to acquire, approval to dispose or approval to relocate.

approval to acquire means an approval to acquire a radiation source issued under section 62.

approval to dispose means an approval to dispose of radioactive material issued under section 62.

approval to relocate means an approval to relocate a radiation source issued under section 62.

approved form means a form approved by the chief executive.

approved radiation safety and protection plan, for a radiation practice, means a radiation safety and protection plan approved by the chief executive for the practice, and includes the plan as changed under section 30 or 31.

approved security plan, for a security enhanced source, means a security plan approved by the chief executive for the source, and includes the plan as changed under section 34C or 34D.

approved transport security plan for a security enhanced source, means a transport security plan approved by the chief executive for the transport of the source, and includes the plan as changed under section 34N or 34O.

assessment, of a personal monitoring device, means—

(a)the quantification of the radiation dose the device has received during a particular period; and

(b)the estimation of the radiation dose received by the person who wore the device during the period.

assessment report see section 20(3).

banned radiation source means a radiation source prescribed under section 47(1) to be a banned radiation source.

carry out, in relation to a radiation practice, see section 10.

certificate of compliance, for a radiation source, includes—

(a)for a sealed radioactive substance—a certificate of compliance relating to the sealing of the substance; and

(b)for a sealed radioactive substance incorporated in a sealed source apparatus—a certificate of compliance for the apparatus.

certificate of compliance, for a radiation source or premises, means a certificate of compliance issued by an accredited person for the source or premises under part 3, division 3.

chairperson means the chairperson of the council appointed under section 165(1).

chief health officer see the Hospital and Health Boards Act 2011, schedule 2.

column 1 licence, for part 14, division 3, see section 218.

column 2 licence, for part 14, division 3, see section 218.

commencement, for part 14, division 3, see section 218.

commissioner of police means the commissioner of the police service appointed under the Police Service Administration Act 1990.

committee means a committee of the council established under section 177.

conditional Act instrument see section 94.

continuing approval to acquire see section 52.

convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

corresponding law means a law of another State, the Commonwealth or a foreign country that provides for the same matter as this Act or a provision of this Act.

council means the Radiation Advisory Council.

criminal history, of a person, means all the following—

(a)every conviction of the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act;

(b)every charge made against the person for an offence, in Queensland or elsewhere, and whether before or after the commencement of this Act.

criminal history check, for a person, means a check of the person’s criminal history.

deemed possession licence, for part 14, division 3, see section 218.

deputy chairperson means the deputy chairperson of the council appointed under section 165(1).

dispose, of a radiation apparatus, means make the apparatus permanently inoperable as a radiation apparatus.

dispose, of radioactive material, means—

(a)release the material into the environment; or

(b)release a thing containing the material into the environment.

document certification requirement see section 144(5).

document production requirement see section 144(6).

environment see the Environmental Protection Act 1994, section 8.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

firearm see the Weapons Act 1990, schedule 2.

health practitioner means—

(a)a person registered under the Health Practitioner Regulation National Law; or

(b)a person practising in a health-related field who is accredited by a professional body representing practitioners in the field.

health practitioner registration Act ...

health records see section 123(1).

health risks, in relation to any person, includes risks to the safety of any person.

health service employee see the Hospital and Health Boards Act 2011, schedule 2.

improvement notice see section 139(2).

information notice, for a decision of the chief executive or an inspector, is a written notice stating the following—

(a)the decision;

(b)the reasons for the decision;

(c)the person to whom the notice is given may have the decision reviewed within 28 days;

(d)how the person may have the decision reviewed;

(e)if the decision is that an Act instrument be suspended or cancelled—a direction to the person to surrender the instrument to the chief executive within 7 days after receiving the notice;

(f)if the decision is that the conditions of a conditional Act instrument be changed—a direction to the person to return the instrument to the chief executive within 7 days after receiving the notice;

(g)if the decision is that an approved radiation safety and protection plan be changed—a direction to the person to return the following documents to the chief executive, within 14 days after receiving the notice—

(i)the plan, incorporating the change;

(ii)the person’s possession licence in which the plan is identified;

(h)if the decision is that an approved security plan be changed—a direction to the person to return the following documents to the chief executive, within 14 days after receiving the notice—

(i)the plan, incorporating the change;

(ii)the person’s possession licence in which the plan is identified;

(i)if the decision is that an approved transport security plan be changed—a direction to the person to return the plan incorporating the change to the chief executive, within 14 days after receiving the notice.

inspector means a person who is appointed as an inspector under section 106.

ionising radiation means electromagnetic or particulate radiation capable of producing ions, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.

licence means a possession licence, transport licence or use licence.

licensee means a possession licensee, use licensee or transport licensee.

member means a member of the Radiation Advisory Council.

monitored person see section 38(1).

nominated person, for an applicant or a licensee that is a corporation, means the individual nominated by the applicant or licensee as the individual who will oversee the security of a security enhanced source.

non-ionising radiation means—

(a)electromagnetic radiation of a wavelength greater than 100 nanometres; or

(b)sonic radiation.

occupier, of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place.

original decision see section 182(1).

other entity means an entity authorised to conduct a criminal history check or security check under a law of a State or the Commonwealth.

personal monitoring device means a device designed to be worn by a person to monitor any radiation dose received by the person.

personal monitoring record see section 38(4).

personal particulars requirement see section 142(5).

place includes premises and vacant land.

place of seizure see section 129(a).

portable security enhanced source means a security enhanced source that—

(a)is able to be carried by a person from place to place; and

(b)is used, or intended for use, to carry out a radiation practice; and

(c)if the source is a radioactive substance, is incorporated in a sealed source apparatus designed to allow the source to be carried by the person safely.

Example of portable security enhanced source—

An industrial radiography gamma camera that is used to test for defects in pipelines at different locations.

possess, a radiation source, includes having the source under control in any place, whether or not another person has custody of the source.

possession licence means a licence, issued under section 62, to possess a radiation source for a radiation practice.

possession licensee means a person who holds a possession licence.

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)land where a building or other structure is situated; and

(d)a vehicle.

prescribe, a therapeutic procedure, means issue an order, in written or electronic form, for the intentional irradiation of a person for therapeutic purposes, stating—

(a)particulars of the radiation source to be used; and

(b)the amount, and method of delivery, of the radiation.

prescribed activity means an activity that is or is associated with—

(a)the use, handling or transport of a drug, chemical, explosive, radiation source or biological agent; or

(b)the storage, collection or manufacture of a drug, chemical, explosive, radiation source or biological agent; or

(c)the sale, import or export of a drug, chemical, explosive, radiation source or biological agent.

prescribed licensee see section 103K(1).

prohibition notice see section 140(2).

proposed action see section 83(2)(a).

public place means a place the public is entitled to use, open to the public or used by the public, whether or not on payment of money.

QCAT information notice means a notice complying with the QCAT Act, section 157(2).

qualified person means a person who holds a radiation safety officer certificate.

radiation means ionising radiation or non-ionising radiation.

radiation apparatus means—

(a)an apparatus that, when energised, emits an amount of ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation; or

(b)an apparatus that would if assembled or repaired, and when energised, be capable of emitting an amount of ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation; or

(c)an apparatus, prescribed under a regulation, that when energised emits an amount of non-ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation; or

(d)an apparatus, prescribed under a regulation, that would if assembled or repaired, and when energised, be capable of emitting an amount of non-ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation.

radiation dose, received by a person or thing, means the amount of energy from radiation absorbed by the person or thing exposed to the radiation.

radiation dose limit means—

(a)for ionising radiation—a limit on the radiation dose a person may receive during a particular period; or

(b)for radioactive material—a limit on the amount of the radionuclide in the material that may be inhaled, ingested or introduced into the body of a person during a particular period; or

(c)for non-ionising radiation—a limit on the radiation dose a person may receive during a particular period.

radiation hazard means risks to the health or safety of any person, or the environment, arising from exposure to radiation.

radiation practice see section 11.

radiation safety and protection plan, for a radiation practice, see section 28(1).

radiation safety and protection principles ...

radiation safety officer, for a radiation practice, means a person appointed as a radiation safety officer for the practice under section 36.

radiation safety officer certificate means a radiation safety officer certificate issued under section 62.

radiation safety, protection and security principles see section 5.

radiation safety standard, about a radiation source, includes—

(a)for a sealed radioactive substance—a radiation safety standard about the sealing of the substance made under section 16(1)(b); and

(b)for a sealed radioactive substance incorporated in a sealed source apparatus—a radiation safety standard about the apparatus made under section 16(1)(c).

radiation safety standard means a radiation safety standard made by the Minister under section 16.

radiation source means—

(a)a radioactive substance; or

(b)a radiation apparatus.

radioactive material means material that spontaneously emits ionising radiation as a result of the radioactive decay of a radionuclide in it, but does not include a mineral within the meaning of the Mineral Resources Act 1989 situated within the boundaries of land the subject of a mining lease, mineral development licence or exploration permit within the meaning of that Act.

radioactive substance means radioactive material (whether or not it is sealed)—

(a)containing more than the concentration or activity of a radionuclide prescribed under a regulation; or

(b)prescribed under a regulation to be a radioactive substance.

register means the register kept under section 207.

relevant offence means—

(a)an offence involving a prescribed activity; or

(b)an offence involving violence or threatened violence; or

(c)an offence involving the use, carriage, discharge or possession of a firearm; or

(d)another offence prescribed under a regulation.

relevant radiation safety standard, for a radiation source or premises, means a radiation safety standard that applies to the source or premises.

relevant radiation safety standard, for a type of radiation source or premises, means a radiation safety standard that applies to the type of source or premises.

renewable Act instrument see section 78.

repealed Act means the Radioactive Substances Act 1958.

request, a diagnostic procedure, means make a request or issue an order, in written or electronic form, for the intentional irradiation of a person for diagnostic purposes, stating—

(a)particulars of the radiation source to be used; and

(b)particulars of the diagnostic information sought from the procedure.

requirements, for sections 20, 21 and 22, see section 20(3)(b).

review decision see section 186(1).

review notice ...

sealed radioactive substance means a radioactive substance sealed in a way that—

(a)minimises the possibility of its escape or dispersion; and

(b)allows the emission or transmission of ionising radiation.

sealed source apparatus means equipment or a gauge, instrument or device incorporating a sealed radioactive substance, but does not include a container used solely for the transport or storage of a sealed radioactive substance.

security check means a check of a person’s background and activities to assess whether a person is, or may be, a threat to national security.

security enhanced source means a radiation source, or an aggregation of radiation sources, prescribed under a regulation to be a security enhanced source.

security plan see section 34A(1).

serious environmental harm see Environmental Protection Act 1994, section 17.

show cause notice see section 83(1).

show cause period see section 83(2)(e).

special warrant see section 115(1).

State radiation analyst means a person who is appointed as a State radiation analyst under section 157.

transport, a radioactive substance, does not include transport the substance from a part of premises to another part of the same premises.

transport, a security enhanced source, includes the following—

(a)prepare the source for transport;

(b)load and unload the source before, during and at the end of its transport;

(c)temporarily store the source before, during and at the end of its transport.

transport licence means a licence, issued under section 62, to transport a radioactive substance.

transport licensee means a person who holds a transport licence.

transport security plan see section 34H(1).

transport security plan holder means a person who has had a transport security plan approved by the chief executive.

treated person see section 41(3).

unsealed radioactive substance means a radioactive substance that is not a sealed radioactive substance.

use, in relation to a radiation source, see section 9(1).

use, in relation to the carrying out of a radiation practice, see section 9(2).

use licence means a licence, issued under section 62, to use a radiation source to carry out a radiation practice.

use licensee means a person who holds a use licence.

vehicle means anything used for carrying anything or any person by land, water or air.

warrant form see section 115(5)(b).