Untitled document
Radiation Amendment Act 2013
No. 59 of 2013
table of provisions
Section Page
1Purpose
2Commencement
3Principal Act
4Definitions
5New section 3A inserted
3AActivity ratios for sealed sources
6Functions of the Secretary
7Construction of radiation facilities prohibited in certain cases
8Exemptions from holding a licence
9New section 16A inserted
16AExemption from transport security plan requirements
10New sections 23A to 23C inserted
23AOffence to permit use of high consequence sealed sources by unverified person
23BOffence to permit transport of high consequence
sealed sources by unverified person23COffence to permit access to high consequence sealed sources by unverified person
11New section 23D inserted
23DOffence to conduct a commercial tanning practice
12Only approved testers who holder testers' approvals that are
in force may issue certificates of compliance13New Part 5A inserted
Part 5A—Approved Assessors Of Security Plans And Transport Security Plans
36ARole of approved assessors of security plans and transport security plans
36BApproved assessor must comply with conditions of assessor's approval
36COnly approved assessors who hold assessor's
approvals that are in force may issue security
compliance certificates36DOffence to impersonate approved assessor
36EApproved assessor must not knowingly issue a
security compliance certificate that is false
14Who may apply for an authority
15Further information for management licence applications
16Further information for facility construction licence
applications17New section 42A inserted
42AFurther information for an assessor's approval
18Variation of authority by Secretary on application of authority holder
19New Division 5 of Part 6 inserted
Division 5—Other matters
67AGuidelines on evidence as to identity
20New Part 6A inserted
Part 6A—Security Plans And Transport Security Plans
Division 1—Security plans
67BCertain management licence applicants must prepare
and submit plan for approval67CContents of security plan
67DManagement licence holders who possess high consequence sealed sources must have approved
security plans67EApproved security plan to be provided to Secretary
67FReview of approved security plans
Division 2—Transport security plans
67GTransport security plan
67HContents of transport security plan
67IReview of transport security plan
67JOffence to transport high consequence sealed source without transport security plan
Division 3—Assessment of security plans and transport security plans
67KReview and approval of security plan or transport security plan
67LApproved assessor to provide certificate information
to Secretary
Division 4—Compliance with security plans and transport security plans
67MOffence to fail to comply with security plan or
transport security plan
Division 5—Standards for security plans and transport security plans and security compliance certificate
67NSecretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources
67ONotification of change to security standard involving changes to security measures
21New Division 7A of Part 7 inserted
Division 7A—Improvement notices and prohibition
notices90ASecretary may issue improvement notice or
prohibition notice90BPerson must comply with improvement notice or prohibition notice
90CProceedings for offences affected by notices
22Definitions for the purposes of review of decisions
23Disclosure of information to other agencies
24Regulations
25New section 148 inserted
148Radiation Amendment Act 2013—transitional provision—security plans and transport security
plans
26New section 149 inserted
149Radiation Amendment Act 2013—transitional provision—commercial tanning units
27Repeal of amending Act
═══════════════
Endnotes
Radiation Amendment Act 2013
No. 59 of 2013
[Assented to 22 October 2013]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to amend the Radiation Act 2005—
(a)to provide for security plans for the possession and transportation of high consequence sealed sources and high consequence groups of sealed sources; and
(b)to prohibit the commercial operation of tanning units; and
(c)to empower the Secretary to issue improvement notices or prohibition notices for contraventions, or likely contraventions, of the Act or regulations under the Act; and
(d)to make other minor and consequential amendments to the Act.
2Commencement
(1)Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed.
(2)Sections 11 and 26 come into operation on 1 January 2015.
(3)If a provision of this Act, other than a provision referred to in subsection (2), does not come into operation before 1 June 2014, it comes into operation on that day.
3Principal Act
In this Act the Radiation Act 2005 is called the Principal Act.
4Definitions
(1)In section 3(1) of the Principal Act insert the following definitions—
"activity ratio, for a sealed source, means the ratio determined in accordance with section 3A;
approved assessor means a person who holds an assessor's approval;
approved security plan means a security plan for which an approved assessor has issued a security compliance certificate under section 67K;
approved transport security plan means a transport security plan for which an approved assessor has issued a security compliance certificate under section 67K;
assessor's approval means an approval issued under Part 5A;
category 1 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of greater than or equal to 1000;
category 2 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 1000 but greater than or equal to 10;
category 3 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 10 but greater than or equal to 1;
category 1 sealed source means a sealed source that has an activity ratio of greater than or equal to 1000;
category 2 sealed source means a sealed source that has an activity ratio of less than 1000 but greater than or equal to 10;
category 3 sealed source means a sealed source that has an activity ratio of less than 10 but greater than or equal to 1;
high consequence group of sealed sources means a category 1 group of sealed sources, a category 2 group of sealed sources or a category 3 group of sealed sources;
high consequence sealed source means a category 1 sealed source, a category 2 sealed source or a category 3 sealed source;
identification document, in relation to a person, means a document that—
(a)shows the identity of a person; and
(b)is prescribed;
security compliance certificate means a certificate issued under section 67K;
security plan means a plan prepared in accordance with Division 1 of Part 6A;
security standard means a standard specified under section 67N;
tanning unit means an electrically powered radiation apparatus designed to produce tanning of the human skin by utilising ultraviolet radiation;
transport security plan means a plan prepared in accordance with Division 2 of Part 6A;
vehicle has the same meaning as in the Road Safety Act 1986.".
(2)In section 3(1) of the Principal Act, in the definition of facility construction licence, for "radiation facility;" substitute "radiation facility or to change the use of land or an existing building to that of a radiation facility;".
(3)In section 3(1) of the Principal Act, in the definition of use licence holder, for "licence." substitute "licence;".
5New section 3A inserted
After section 3 of the Principal Act insert—
"3A Activity ratios for sealed sources
(1)For the purposes of this Act, the activity ratio for a sealed source is to be determined in accordance with the formula—
where—
Ais the activity of the sealed source's prescribed radionuclide in gigabecquerel units; and
Dis the value specified in the regulations for the prescribed radionuclide.".
6Functions of the Secretary
In section 9 of the Principal Act—
(a)after paragraph (d) insert—
"(da)approve assessors of security plans and transport security plans; and
(db)specify security standards for high consequence sealed sources and high consequence groups of sealed sources; and";
(b)after paragraph (h) insert—
"(ha)issue improvement notices or prohibition notices in relation to contraventions, or likely contraventions, of the Act or the regulations; and".
7Construction of radiation facilities prohibited in certain cases
(1)In section 14(1)(b) of the Principal Act, for "constructed." substitute "constructed; or".
(2)After section 14(1)(b) of the Principal Act insert—
"(c)change the use of land that they own or occupy to use for a radiation facility unless they hold a facility construction licence, that is in force, that allows them to use that land for a radiation facility; or
(d)change the use of a building that they own or occupy to use as a radiation facility unless they hold a facility construction licence, that is in force, that allows them to use that building as a radiation facility.".
8Exemptions from holding a licence
(1)In section 16(1)(b) of the Principal Act, for "notice." substitute "notice; or".
(2)After section 16(1)(b) of the Principal Act insert—
"(c)a facility construction licence in respect of a radiation source specified in the notice.".
9New section 16A inserted
After section 16 of the Principal Act insert—
"16A Exemption from transport security plan requirements
(1)The Secretary, by notice published in the Government Gazette, may exempt a management licence holder from preparing and providing to the Secretary an approved transport security plan and security compliance certificate.
(2)An exemption may be of general or specific application.
(3)The Secretary may only exempt a licence holder under subsection (1) if he or she is satisfied that the transportation of a high consequence sealed source or a high consequence group of sealed sources will not pose a significant risk to the health or safety of any person or the safety of the environment.
(4)An exemption is subject to the terms, conditions and limitations that are specified in the notice.".
10New sections 23A to 23C inserted
After section 23 of the Principal Act insert—
"23A Offence to permit use of high consequence sealed sources by unverified person
(1)A management licence holder must not direct, request or allow a person to use a high consequence sealed source that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)A person does not commit an offence under subsection (1) if the person uses the high consequence sealed source while accompanied by a person whose identity has been verified by the management licence holder using an identification document.
23BOffence to permit transport of high consequence sealed sources by unverified person
(1)A management licence holder must not direct, request or allow a person to transport a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)A person does not commit an offence under subsection (1) if the person transports the high consequence sealed source or a high consequence group of sealed sources while accompanied by a person whose identity has been verified by the management licence holder using an identification document.
23COffence to permit access to high consequence sealed sources by unverified person
(1)A management licence holder must not direct, request or allow a person to access a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)A person does not commit an offence under subsection (1) if the person accesses the high consequence sealed source or high consequence group of sealed sources while—
(a)accompanied by a person whose identity has been verified by the management licence holder using an identification document; or
(b)subject to surveillance at all times.
(3)In this section—
access includes having the means to unlock a building, room, container, tank, vehicle or any other thing or place in which a high consequence sealed source or high consequence group of sealed sources is situated;
surveillance includes recorded surveillance by any of the following—
(a)a monitored closed circuit television camera;
(b)a motion sensor camera;
(c)anti-stay behind detection and alarms based on motion detection; or
(d)any other measure prescribed in the regulations.".
11New section 23D inserted
After section 23C of the Principal Act insert—
"23D Offence to conduct a commercial tanning practice
A person must not—
(a)provide, or offer to provide, for fee or reward the use of a tanning unit; or
(b)operate or offer to operate for fee or reward a tanning unit.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.".
12Only approved testers who holder testers' approvals that are in force may issue certificates of compliance
(1)For the penalty at the foot of section 27(1) of the Principal Act substitute—
"Penalty:60 penalty units.".
(2)Section 27(2) of the Principal Act is repealed.
13New Part 5A inserted
After Part 5 of the Principal Act insert—
"Part 5A—Approved Assessors Of Security Plans And Transport Security Plans
36ARole of approved assessors of security plans and transport security plans
The role of an approved assessor is to—
(a)assess a security plan or transport security plan to determine whether—
(i)the plan meets the requirements set out in section 67C or 67H (as the case requires); and
(ii)the plan meets the standards specified by the Secretary under section 67N; and
(b)issue security compliance certificates in respect of security plans and transport security plans if the relevant plans meet the specified standards.
36BApproved assessor must comply with conditions of assessor's approval
(1)An approved assessor must not knowingly, recklessly or negligently fail to comply with every condition of his or her assessor's approval.
Penalty:600 penalty units.
Note
The Secretary may impose conditions on an assessor's approval under section 47.
(2)An offence under this section is an indictable offence.
36COnly approved assessors who hold assessor's approvals that are in force may issue security compliance certificates
A person must not issue a security compliance certificate in relation to a security plan or a transport security plan unless he or she holds an assessor's approval that is in force.
Penalty:60 penalty units.
36DOffence to impersonate approved assessor
A person must not directly or indirectly represent that he or she is an approved assessor unless the person is an approved assessor.
Penalty:60 penalty units.
36EApproved assessor must not knowingly issue a security compliance certificate that is false
(1)An approved assessor must not knowingly issue a security compliance certificate knowing that it is false or misleading in a material particular.
Penalty:600 penalty units.
(2)An offence under this section is an indictable offence.
__________________".
14Who may apply for an authority
(1)In section 37(2)(b) of the Principal Act, for "approval." substitute "approval; or".
(2)After section 37(2)(b) of the Principal Act insert—
"(c)an assessor's approval.".
15Further information for management licence applications
(1)In section 39(b) of the Principal Act, for "practice." substitute "practice; and".
(2)After section 39(b) of the Principal Act insert—
"(c)if the radiation practice to be conducted includes possession of a high consequence sealed source or high consequence group of sealed sources—
(i)a copy of an approved security plan and security compliance certificate issued by an approved assessor for that source or group of sealed sources; and
(ii)if the applicant is a natural person, evidence of the person's identity; and
(iii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of a high consequence sealed source or high consequence group of sealed sources under the licence; and
(d)if the radiation practice to be conducted includes transport of a high consequence sealed source or high consequence group of sealed sources—
(i)if the applicant is a natural person, evidence of the person's identity; and
(ii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of a high consequence sealed source or high consequence group of sealed sources under the licence.".
(3)At the end of section 39 of the Principal Act insert—
"(2)Evidence of the person's identity that is required under subsection (1)(c) or (1)(d) must be in accordance with the guidelines prepared under section 67A.".
16Further information for facility construction licence applications
(1)In section 41(a)(i) and (ii) of the Principal Act, for "constructed;" substitute "constructed or used;".
(2)In section 41(b) of the Principal Act, for "that facility." substitute "that facility; and".
(3)After section 41(b) of the Principal Act insert—
"(c)in the case of land to be used for, or a building that is to be used as, a radiation facility that is owned or occupied by a person other than the applicant, be accompanied by written evidence of the consent of the owner or occupier of the land or building proposed to be used as a radiation facility for that facility; and
(d)in the case of a radiation facility to be constructed or used that will house a high consequence sealed source or high consequence group of sealed sources—
(i)a copy of an approved security plan and security compliance certificate issued by an approved assessor for that sealed source or group of sealed sources; and
(ii)if the applicant is a natural person, evidence of the person's identity; and
(iii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed sources under the licence.".
(4)At the end of section 41 of the Principal Act insert—
"(2)Evidence of the person's identity that is required under subsection (1)(d)(ii) or (iii) must be in accordance with the guidelines prepared under section 67A.".
17New section 42A inserted
After section 42 of the Principal Act insert—
"42A Further information for an assessor's approval
An application under section 37 for an assessor's approval must also include evidence of the applicant's qualifications (if any) that may be relevant to an approved assessor carrying out his or her duties under this Act or the regulations.".
18Variation of authority by Secretary on application of authority holder
(1)In section 66(2)(b)(ii) of the Principal Act, for "(if any)." substitute "(if any); and".
(2)After section 66(2)(b) of the Principal Act insert—
"(c)in the case of an application for a variation to a management licence that allows the possession of a high consequence sealed source or high consequence group of sealed sources, must include—
(i)a copy of an approved security plan and security compliance certificate issued by an approved assessor for that sealed source or group of sealed sources; and
(ii)if the applicant is a natural person, evidence of the person's identity; and
(iii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed sources under the licence; and
(d)in the case of an application for a variation to a management licence that allows the transport of a high consequence sealed source or high consequence group of sealed sources, must include—
(i)if the applicant is a natural person, evidence of the person's identity; and
(ii)if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed sources under the licence.".
(3)After section 66(2) of the Principal Act insert—
"(2A)Evidence of the person's identity that is required under subsection (2)(c) or (2)(d) must be in accordance with the guidelines prepared under section 67A.".
19New Division 5 of Part 6 inserted
After Division 4 of Part 6 of the Principal Act insert—
"Division 5—Other matters
67AGuidelines on evidence as to identity
(1)The Secretary may prepare guidelines for the purpose of guiding applicants for authorities as to what is required for the purposes of sections 23A, 23B, 23C, 39, 41 and 66.
(2)Guidelines prepared under subsection (1) must be published in the Government Gazette.".
20New Part 6A inserted
After Part 6 of the Principal Act insert—
"Part 6A—Security Plans And Transport Security Plans
Division 1—Security plans
67BCertain management licence applicants must prepare and submit plan for approval
The following persons must prepare and submit a security plan to an approved assessor for approval under this Part—
(a)an applicant for a management licence who intends to possess a high consequence sealed source or high consequence group of sealed sources;
(b)an applicant for a facility construction licence who intends to construct or use land for or a building as a radiation facility that will house a high consequence sealed source or high consequence group of sealed sources;
(c)a management licence holder who intends to make an application to vary their management licence in order to possess a high consequence sealed source or high consequence group of sealed sources.
67CContents of security plan
(1)A security plan prepared and submitted under section 67B must—
(a)address the security standard specified by the Secretary under section 67N for the high consequence sealed source or high consequence group of sealed sources in relation to which the applicant for, or holder of, a management licence will conduct a radiation practice; and
(b)set out the security measures to be implemented to control any issues identified in the security standard; and
(c)include any other matters specified by the Secretary in accordance with subsection (2); and
(d)be in the form specified by the Secretary.
(2)The Secretary, by notice published in the Government Gazette, may specify any additional matters that must be addressed by the security plan.
67DManagement licence holders who possess high consequence sealed sources must have approved security plans
(1)A management licence holder must at all times have an approved security plan for every high consequence sealed source or every high consequence group of sealed sources the holder is licensed to possess.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)An offence under this section is an indictable offence.
67EApproved security plan to be provided to Secretary
A management licence holder who is licensed to possess a high consequence sealed source or high consequence group of sealed sources must not knowingly fail to provide to the Secretary, within 30 days after receiving a security compliance certificate for a security plan relating to the high consequence sealed source or high consequence group of sealed sources, a copy of the approved security plan.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
67FReview of approved security plans
(1)Subject to subsection (2), a management licence holder who is licensed to possess a high consequence sealed source or high consequence group of sealed sources must submit to the Secretary a revised security plan that has been approved by an approved assessor as soon as practicable after—
(a)a significant change in the operation of, or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted; or
(b)the licence holder has been notified of an amendment to the security standard under section 67O.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2)An approved security plan is not required to be revised, approved and submitted under subsection (1) if the only change to the operation of, or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted is any of the following—
(a)the name of the natural person who is responsible for implementing the plan;
(b)any change to the details of the management licence that do not relate to possession or transport of a high consequence sealed source or high consequence group of sealed sources;
(c)an amendment to the plan that is prescribed by the regulations for the purposes of this subsection.
Division 2—Transport security plans
67GTransport security plan
(1)Subject to subsection (2), a management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources must, in accordance with this Part, prepare, and submit to an approved assessor for approval under this Part, a transport security plan each time the licence holder proposes to transport a high consequence sealed source or high consequence group of sealed sources.
(2)In the case of a proposal to transport similar category 2 sealed sources or category 3 sealed sources, or a category 2 group of sealed sources or category 3 group of sealed sources, using a series of shipments, a single transport security plan may be prepared if the plan includes details for each shipment.
67HContents of transport security plan
(1)A transport security plan must—
(a)address the security standard specified under section 67N for the high consequence sealed sources or high consequence groups of sealed sources proposed to be transported; and
(b)set out the security measures to be implemented to control any issues identified in the security standard; and
(c)include any other matters specified by the Secretary in accordance with subsection (2); and
(d)be in the form specified by the Secretary.
(2)The Secretary, by notice published in the Government Gazette, may specify any additional matters that must be addressed by the transport security plan.
67IReview of transport security plan
A management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources in respect of which there is an approved transport security plan that provides for a series of shipments must submit to the Secretary a revised transport security plan that has been approved by an approved assessor as soon as practicable after a significant change to the manner in which a high consequence sealed source or high consequence group of sealed sources is to be transported.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
67JOffence to transport high consequence sealed source without transport security plan
A management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources must not transport a high consequence sealed source or high consequence group of sealed sources knowing that—
(a)there is no approved transport security plan for that sealed source or group of sealed sources; or
(b)a copy of the approved transport security plan and security compliance certificate has not been submitted to the Secretary—
(i)in the case of a proposal to transport a category 1 sealed source or a category 1 group of sealed sources, at least 7 days before the transport is proposed to take place; or
(ii)in the case of a proposal to transport a category 2 sealed source, a category 3 sealed source, a category 2 group of sealed sources or category 3 group of sealed sources, at least 7 days before the transport (or first transport in the case of a series of shipments) is proposed to take place.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
Division 3—Assessment of security plans and transport security plans
67KReview and approval of security plan or transport security plan
(1)On receipt of a security plan or transport security plan, an approved assessor must assess the plan against the applicable security standard.
(2)If, after the assessment, the approved assessor is of the view that the security plan or transport security plan meets the applicable security standard, the approved assessor must issue a security compliance certificate in respect of that security plan or transport security plan.
(3)A security compliance certificate must—
(a)be in the form approved by the Secretary; and
(b)contain any information required by the Secretary; and
(c)be given to the person who requested the assessment of the security plan or transport security plan.
67LApproved assessor to provide certificate information to Secretary
An approved assessor must provide to the Secretary the information contained in the security compliance certificate—
(a)in writing; and
(b)within 7 days after issuing the certificate.
Division 4—Compliance with security plans and transport security plans
67MOffence to fail to comply with security plan or transport security plan
A management licence holder who is licensed to possess or transport a high sealed consequence sealed source or high consequence group of sealed sources must not knowingly fail to comply with the most recent approved security plan or approved transport security plan for that sealed source or group of sealed sources.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
Division 5—Standards for security plans and transport security plans and security compliance certificate
67NSecretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources
(1)The Secretary must, in respect of high consequence sealed sources and high consequence groups of sealed sources, specify a security standard that a security plan or transport security plan must meet to be approved by an approved assessor.
(2)A security standard specified under this section must set out security measures that must be met according to the level of threat from terrorist activity in relation to radiation sources.
(3)On specifying a security standard, the Secretary must publish—
(a)notice of that specification in the Government Gazette; and
(b)the security standard on the Internet.
(4)A security standard specified under this section takes effect on and from the date on which notice of its specification is published in the Government Gazette or a later date that is specified in the notice.
67ONotification of change to security standard involving changes to security measures
(1)This section applies if the Secretary amends a security standard and the amendment relates to a security measure set out in the standard.
(2)The Secretary must, in writing, notify the following persons of the amendment of the security standard and the details of the amendment—
(a)every management licence holder who is licensed to possess a high consequence sealed source or a high consequence group of sealed sources, if the approved security plan relating to that sealed source or group of sealed sources contains matter to which the amendment relates;
(b)every management licence holder who is licensed to transport a high consequence sealed source or a high consequence group of sealed sources, if the approved transport security plan relating to that sealed source or group of sealed sources contains matter to which the amendment relates;
(c)every approved assessor.
__________________".
21New Division 7A of Part 7 inserted
After Division 7 of Part 7 of the Principal Act, insert—
"Division 7A—Improvement notices and prohibition notices
90ASecretary may issue improvement notice or prohibition notice
(1)This section applies if the Secretary believes that a person—
(a)has contravened a provision of this Act or the regulations in circumstances that make it likely that the contravention is continuing or will reoccur; or
(b)is likely to contravene a provision of this Act or the regulations.
(2)If this section applies, the Secretary may issue to the person—
(a)an improvement notice requiring the person to remedy the contravention or likely contravention or the matters or activities causing the contravention or likely contravention; or
(b)a prohibition notice prohibiting the carrying on of the activity, or the carrying on of the activity in a specified way, until the Secretary has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed.
(3)An improvement notice or a prohibition notice must—
(a)state the grounds on which the issue of the improvement notice or prohibition notice is based;
(b)specify the provision of this Act or the regulations that the Secretary considers has been or is likely to be contravened;
(c)specify the actions or measures that the person is required to take and the period within which the actions or measures are to be completed;
(d)set out the penalty for contravening the improvement notice or prohibition notice;
(e)state how the person may seek review of the issue of the improvement notice or prohibition notice;
(f)include a statement as to the effect of section 90C.
(4)An improvement notice or a prohibition notice issued under this section remains in force until the Secretary notifies, in writing, the person who received the notice that it is no longer in force.
90BPerson must comply with improvement notice or prohibition notice
(1)A person to whom an improvement notice or a prohibition notice is issued for a contravention of this Act must comply with the improvement notice or prohibition notice.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
(2)A person to whom an improvement notice or a prohibition notice is issued for a contravention of the regulations must comply with the improvement notice or prohibition notice.
Penalty:20 penalty units.
90CProceedings for offences affected by notices
(1)Subject to subsection (2), the issue of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the improvement notice or prohibition notice was issued.
(2)If a person fulfils all the requirements of an improvement notice or a prohibition notice, at the expiry of the notice, no proceeding may be commenced for the offence against this Act or the regulations constituted by the contravention or alleged contravention to which that improvement notice or prohibition notice related.".
22Definitions for the purposes of review of decisions
(1)In section 100 of the Principal Act, in the definition of eligible person, after paragraph (c) insert—
"(d)a person to whom an improvement notice or a prohibition notice has been issued under section 90A;".
(2)In section 100 of the Principal Act, in the definition of reviewable decision—
(a)in paragraph (c), for "Secretary." substitute "Secretary;";
(b)after paragraph (c) insert—
"(d)in relation to a person to whom an improvement notice or a prohibition notice has been issued under section 90A, a decision of the Secretary to issue the notice.".
23Disclosure of information to other agencies
In section 136(1) of the Principal Act—
(a)after paragraph (e) insert—
"(ea)Victoria Police;"; and
(b)after paragraph (g) insert—
"(ga)the Australian Security Intelligence Organisation and other Australian intelligence agencies;".
24Regulations
After section 139(1)(d) of the Principal Act insert—
"(da)requiring a management licence holder to keep records of—
(i)the names of the persons whose identity the licence holder has verified for the purpose of section 23A, 23B or 23C; and
(ii)the identification documents used for that purpose;".
25New section 148 inserted
After section 147 of the Principal Act insert—
"148 Radiation Amendment Act 2013—transitional provision—security plans and transport security plans
(1)Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was licensed to possess, or possess and transport, one or more high consequence sealed sources or high consequence group of sealed sources until 12 months after that commencement date.
(2)Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was licensed to transport one or more high consequence sealed sources or high consequence group of sealed sources until 6 months after that commencement date.".
26New section 149 inserted
After section 148 of the Principal Act insert—
"149 Radiation Amendment Act 2013—transitional provision—commercial tanning units
(1)On and from the commencement of section 11 of the Radiation Amendment Act 2013, the Secretary must cancel a management licence authorising the conduct of a radiation practice involving a tanning unit.
(2)On the cancellation of a management licence under subsection (1), the former holder of that licence is entitled to a refund of any amount paid for the licence that is for a period after that cancellation.".
27Repeal of amending Act
This Act is repealed on 1 January 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 21 August 2013
Legislative Council: 19 September 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Radiation Act 2005 to further provide for security plans for the possession and transportation of high consequence sealed sources and high consequence groups of sealed sources, to prohibit the commercial operation of tanning units and to empower the Secretary to issue improvement notices and prohibition notices for contraventions or likely contraventions of that Act and regulations made under that Act and for other purposes."
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