Untitled document

Radiation Amendment Act 2010

No. 24 of 2010

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Definitions

5Licence holders must comply with conditions of licence

6Exemptions from holding a licence

7Approved testers must comply with conditions of tester's approval

8Register

9Statute law revision

10Repeal of amending Act

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Endnotes

Radiation Amendment Act 2010

No. 24 of 2010

[Assented to 1 June 2010]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Radiation Act 2005—

(a)to allow the Secretary to impose further conditions on management licences relating to the management or control of the use of a radiation source; and

(b)to clarify the scope of certain offences; and

(c)to allow the Secretary to impose conditions on licence exemptions that require compliance with incorporated documents; and

(d)to allow the Secretary to publish on the Internet specified parts of the register maintained under the Act that relate to use licences; and

(e)to make other minor amendments to the Radiation Act 2005.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 February 2011, it comes into operation on that day.

3Principal Act

In this Act, the Radiation Act 2005 is called the Principal Act.

4Definitions

In section 3(1) of the Principal Act, in the definition of radiation practice, after paragraph(e) insert—

"(ea)managing or controlling the use of a radiation source;".

5Licence holders must comply with conditions of licence

(1)In section 15(1) of the Principal Act, for "must comply with every condition of their licence" substitute "must not knowingly, recklessly or negligently fail to comply with any condition of their licence".

(2)In section 15(2) of the Principal Act, for "must comply with every condition of his or her licence" substitute "must not knowingly, recklessly or negligently fail to comply with any condition of his or her licence".

(3)In section 15(3) of the Principal Act, for "must comply with every condition of their licence" substitute "must not knowingly, recklessly or negligently fail to comply with any condition of their licence".

6Exemptions from holding a licence

After section 16(4) of the Principal Act insert—

"(5)Without limiting subsection (4), an exemption may be subject to a condition requiring a person or class of person to comply with a document, code, standard, rule or guideline formulated, issued, prescribed or published by any person or body whether—

(a)as formulated, issued, prescribed or published at the time notice of the exemption is published in the Government Gazette or at any time before notice of the exemption is published in the Government Gazette; or

(b)as published or amended from time to time.".

7Approved testers must comply with conditions of tester's approval

In section 26(1) of the Principal Act, for "must comply with every condition of his or her tester's approval" substitute "must not knowingly, recklessly or negligently fail to comply with any condition of his or her tester's approval".

8Register

After section 138(2) of the Principal Act insert—

"(3)The Secretary may publish and maintain on the Internet any one of more of the following things from the register—

(a)the name of a use licence holder;

(b)the number assigned to a use licence holder for the purpose of the register;

(c)the date on which a use licence expires;

(d)the description of the use allowed under a use licence;

(e)the identity or description, as the case requires, of—

(i)every kind of radiation source that may be used under a use licence; or

(ii)the purpose for which a radiation source identified or described in a use licence may be used;

(f)if a use licence is suspended, the date of suspension;

(g)if a use licence has been cancelled, the date of cancellation;

(h)if a use licence has expired, the date of expiry.

(4)The Secretary may only publish and maintain on the Internet—

(a)a date of cancellation of a use licence referred to in subsection (3)(g) for a period of 12 months after the date of cancellation;

(b)a date of expiry of a use licence referred to in subsection (3)(h) for a period of 3 months after the date of expiry.".

9Statute law revision

(1)For the heading to Division 3 of Part 11 of the Principal Act substitute—

"Division 3—Infringement notices".

(2)In section 138(1)(a) of the Principal Act omit "in force".

(3)In section 139(2)(e) of the Principal Act for "people" substitute "persons".

10Repeal of amending Act

This Act is repealed on 1 February 2012.

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: 24 February 2010

Legislative Council: 25 March 2010

The long title for the Bill for this Act was "A Bill for an Act to amend the Radiation Act 2005 to allow the Secretary to impose further conditions on management licences relating to the management or control of the use of radiation sources, to clarify the scope of certain offences, to empower the Secretary to impose conditions on licence exemptions that require compliance with certain incorporated documents, to provide for the publication on the Internet of parts of the register relating to use licences and for other purposes."