Radiation Safety Amendment Regulation (No. 1) 2008 (Qld)

Queensland Radiation Safety Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 423 made under the RadiationSafetyAct1999 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 9 (Certain possession, use or transport licences—Act, s 75(3) and (4)). . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new pt 8B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Part 8B Banned radiation practices 39C Prescribed matters for banning of certain radiation practices—Act, s 47A . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 53 (Persons who have been injected with a radioactive substance etc. as part of a diagnostic or therapeutic procedure—Act, s 210) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of sch 3A (Authorised persons) . . . . . . . . . . . . . . . . 3 8 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4

Radiation Safety Amendment Regulation (No. 1) 2008 [s 1] 1 Short title This regulation may be cited as the Radiation Safety Amendment Regulation (No. 1) 2008 . 2 Commencement Section 5 commences on 1 March 2009. 3 Regulation amended This regulation amends the Radiation Safety Regulation 1999. 4 Amendment of s 9 (Certain possession, use or transport licences—Act, s 75(3) and (4)) Section 9(1)— insert— ‘(f) a possession licence to possess or a use licence to use an ionising radiation source for medical applications involving the irradiation of a person is subject to the condition that the holder of the licence comply with the document entitled ‘Code of Practice for Radiation Protection in the Medical Applications of Ionizing Radiation (2008)’ prepared by ARPANSA; and ‘(g) a possession licence to possess or a use licence to use an ionising radiation source for industrial gauging is subject to the condition that the holder of the licence comply with the document entitled ‘Code of Practice for Safe Use of Fixed Radiation Gauges (2007)’ prepared by ARPANSA.’. 5 Insertion of new pt 8B After part 8A— insert— ‘Part 8B Banned radiation practices Page 2 2008 SL No. 423

Radiation Safety Amendment Regulation (No. 1) 2008 [s 6] ‘39C Prescribed matters for banning of certain radiation practices—Act, s 47A ‘(1) A minor is a person prescribed for section 47A(1) of the Act if the prescribed radiation source is a solarium. ‘(2) The circumstances prescribed for section 47A(1) of the Actare, if the prescribed radiation source is a solarium, any circumstances other than the following— (a) a radiation practice carried out by a health practitioner; (b) use of a privately owned solarium in a private residence. ‘(3) In this section— privately owned , in relation to a solarium, means owned by an individual and is not used in connection with a business. solarium means an electrically powered apparatus designed to produce tanning of human skin by exposure of the skin to non-ionising radiation emitted by the apparatus.’. 6 Amendment of s 53 (Persons who have been injected with a radioactive substance etc. as part of a diagnostic or therapeutic procedure—Act, s 210) Section 53(2)— omit, insert— ‘(2) For section 210 of the Act, the bodily waste is exempt from section 26 of the Act only to the extent that it is disposed of by the person. Note — This section does not exempt any other person from the requirements of section 26 of the Act in relation to the disposal of the bodily waste.’. 7 Amendment of sch 3A (Authorised persons) Schedule 3A, item 19— 2008 SL No. 423 Page 3

Radiation Safety Amendment Regulation (No. 1) 2008 [s 8] omit, insert— ‘19 treatment of malignant a person who is— conditions involving (a) registered as a specialist registrant in the use of unsealed the specialty of nuclear medicine radioactive substances under the Medical PractitionersRegistration Act 2001 ; or (b) a medical practitioner and undergoing a period of training in the specialty of nuclear medicine’. 8 Amendment of sch 6 (Dictionary) Schedule 6, definition transport code of practice — omit, insert — ‘ transport code of practice means the document entitled Code of Practice for the Safe Transport of Radioactive Material (2008) published by ARPANSA. Editor’s note — The Code of Practice for the Safe Transport of Radioactive Material (2008) is available on the internet at < or may be purchased from ARPANSA, 619 Lower Plenty Road, Yallambie, Victoria 3085.’. ENDNOTES 1 Made by the Governor in Council on 11 December 2008. 2 Notified in the gazette on 12 December 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Health. © State of Queensland 2008 Page 4 2008 SL No. 423