Radiation Safety Act Amendment Act 1979 (WA)

WESTERN AUSTRALIA.

RADIATION SAFETY.

No. 20 of 1979.

AN ACT to amend section 32 of the Radiation

Safety Act, 1975.

[Assented to 30th August, 1979.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent

of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Radiation and

Safety Act Amendment Act, 1979.	citation.
Act No. 44

(2) In this Act the Radiation Safety Act, 1975 is of 1975.

referred to as the principal Act.

(3) The principal Act as amended by this Act may

be cited as the Radiation Safety Act, 1975-1979.

No. 20.] Radiation Safety. [1979.

Section 32

amended. 2. Section 32 of the principal Act is amended

(a)	by inserting after the section designation "32." the subsection designation "(1)"; and
(b)	by adding two new subsections, as follows

(2) The Council may refuse to grant or renew a licence or exemption, or to effect or renew a registration, if

(a) the Council is not satisfied that a requirement as to safety is or will be met, whether the aspect of safety in question is immediate or relates to the long term or cumulative potential effects of radiation;

(b) the Council is not satisfied that

the radioactive substance,

irradiating apparatus or

electronic product-

(i)  is likely to produce a positive net benefit, having regard to the potential hazard, of a nature such as to justify its use; or

(ii)  performs a function which can be fulfilled only by a radioactive method, or so fulfilled that the radioactive method has clear advantages over any other practical method;

(c) the Council is not satisfied as to the justification for the use of the specific radionuclide, or as to the use of the radioactive material in the form, quantity, or quality proposed; or

(d) the Council is for any other reason of the opinion that such a refusal is in the public interest.

1979.] Radiation Safety. [No. 20.

(3) In determining whether or not there are grounds on which an application for the grant or renewal of a licence or exemption, or to effect or renew a registration, ought to be refused the Council shall act entirely at discretion but may have regard to the recommendations, guidelines, or practices of the bodies known as the International Commission on Radiological Protection, the United Nations Organisation for Economic Co-operation and Development, the Radiation Health Committee of the National Health Committee of the National Health and Medical Research Committee, and such other bodies possessing relevant expertise as the Council may think appropriate. .