Australian Radiation Protection and Nuclear Safety Amendment Regulations 2002 (No. 1) 2002 No. 243
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 243
Issued by the authority of the Parliamentary Secretary to the Minister for Health and Aged Care
Australian Radiation Protection and Nuclear Safety Act 1998
Australian Radiation Protection and Nuclear Safety Amendment Regulations 2002 (No. 1)
Subsection 85(1) of the Australian Radiation Protection and Nuclear Safety Act 1998 (the Act) provides that the Governor-General may make regulations prescribing, among other things, matters required or permitted by the Act and matters necessary or convenient for carrying out or giving effect to the Act.
Under the Act, the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) licences and regulates the safe use of nuclear installations, prescribed radiation facilities and radioactive material and apparatus by the Commonwealth and its contractors. The CEO may issue a source licence to authorise dealings with radioactive material or apparatus or a facility licence to authorise dealings with a nuclear installation or prescribed radiation facility.
Sub-section 85(2) of the Act states that regulations may be made that require both source and facility licence holders to observe specific technical standards when dealing with nuclear installations, prescribed radiation facilities and radioactive material and apparatus.
Regulation 61 of the Australian Radiation Protection and Nuclear Safety Regulations 1999 (the principal Regulations) requires the holder of a source licence to comply with the standards and codes mentioned in Schedule 1 of the Regulations when dealing with radioactive apparatus that generates non-ionising radiation, which covers, for example induction furnaces and industrial radiofrequency heaters and welders.
Item 3 in Schedule 1 of the Regulations refers to the maximum exposure levels for people working with radiofrequency fields set in the interim Australia/New Zealand Standard AS/NZS 2772.1(Int): 1998 Radiofrequency fields, Part 1: Maximum exposure levels - 3kHz to 300GHz, published by Standards Australia in 1998 (the A/NZ Standard). The A/NZ Standard was an interim temporary standard that expired in March 1999 but has continued to be applied in the absence of a replacement.
In May 2002, the CEO of the ARPANSA published the Radiation Protection Standard, Maximum Exposure Levels to Radiofrequency Fields - 3 kHz to 300 GHz (the RF Standard).
The purpose of the Regulations is to amend the principal Regulations to substitute the maximum exposure limits for people working with radiofrequency fields in the range 3kHz to 300GHz from the reference to the 1998 A/NZ Standard with those limits in the ARPANSA RF Standard maximum exposure limits.
In accordance with Government policy, the RF Standard was developed to replace the expired interim A/NZ Standard developed by Standards Australia. The RF Standard, which sets the limits for human exposure to radiofrequency fields without harm, brings Australia into alignment with widely accepted international guidelines. It is based on the current state of knowledge in the field and was developed through broad consultation with the community, industry and technical experts.
The Regulations commence on gazettal.
Overview
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2002 (No. 1) were enacted to address the need for updated exposure limits for individuals working with radiofrequency fields in the 3 kHz to 300 GHz range. This legislation amends the Australian Radiation Protection and Nuclear Safety Regulations 1999, which had been relying on an expired interim Australia/New Zealand Standard (A/NZ Standard) for these exposure limits. The Australian Parliament, through the Parliamentary Secretary to the Minister for Health and Aged Care, authorised these regulations to ensure the alignment of Australian standards with international guidelines and the current scientific understanding. The policy objective is to safeguard the health of workers by setting appropriate exposure limits for radiofrequency fields, reflecting the most recent research and consultation outcomes. The Regulations, which came into effect upon their gazettal, replace the outdated reference to the A/NZ Standard with the newly developed Radiation Protection Standard by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).
Scope and Application
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2002 (No. 1) applies to persons and entities that hold source or facility licences under the Australian Radiation Protection and Nuclear Safety Act 1998. These include individuals, corporations, and contractors of the Commonwealth who engage in activities involving nuclear installations, prescribed radiation facilities, and radioactive material or apparatus. The scope of the Act encompasses the entire Commonwealth jurisdiction, ensuring that the regulation of radioactive materials and nuclear facilities adheres to stringent safety standards across Australia. The Regulations specifically address the technical standards that licence holders must observe when dealing with radioactive apparatus that generates non-ionising radiation, including equipment such as induction furnaces and industrial radiofrequency heaters and welders. The Regulations replace the outdated reference to the interim Australia/New Zealand Standard AS/NZS 2772.1(Int): 1998 with the more recent Radiation Protection Standard issued by the Australian Radiation Protection and Nuclear Safety Agency. This amendment ensures that the maximum exposure limits for people working with radiofrequency fields are aligned with current international guidelines and the latest scientific understanding, thereby enhancing safety measures and regulatory compliance.
Key Provisions
The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2002 (No. 1) modifies the existing regulations to update the maximum exposure limits for people working with radiofrequency fields in the range of 3kHz to 300GHz. Specifically, it replaces the outdated reference to the 1998 Australia/New Zealand Standard (A/NZ Standard) with the more recent and comprehensive Radiation Protection Standard developed by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). The ARPANSA RF Standard, published in May 2002, was created to ensure that Australia aligns with internationally accepted guidelines and incorporates the most current scientific knowledge regarding safe exposure levels to radiofrequency fields. This change ensures that the regulatory framework remains effective and protective for workers dealing with these types of radiation.
The Regulations impose specific obligations on licence holders to adhere to the updated maximum exposure limits outlined in the ARPANSA RF Standard. This includes holders of both source licences and facility licences who must ensure their operations comply with these new standards when dealing with nuclear installations, prescribed radiation facilities, and radioactive materials and apparatus. The ARPANSA RF Standard sets clear guidelines on the permissible levels of exposure to radiofrequency fields, which must be followed to protect workers' health and safety. Licence holders are required to implement appropriate measures to monitor and control radiation exposure within their facilities, ensuring they do not exceed the specified limits.
Failure to comply with the new maximum exposure limits can lead to various consequences. Under the Australian Radiation Protection and Nuclear Safety Act 1998, non-compliance with the regulations may result in civil penalties. The maximum penalty for contravening these regulations can be significant, reflecting the importance of adhering to safety standards in the handling of radioactive materials and installations. Additionally, persistent or severe breaches could potentially lead to criminal charges, where individuals or entities may face prosecution. Such outcomes underscore the seriousness with which the Act treats non-compliance and the potential for both financial and legal repercussions for those who fail to meet the regulatory requirements.