Overview

The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 2) were enacted to rectify an error in the Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 1). These regulations amend the Australian Radiation Protection and Nuclear Safety Regulations 1999, which were made under the Australian Radiation Protection and Nuclear Safety Act 1998. The Act allows the Governor-General to create regulations necessary for the implementation and enforcement of the Act, including the issuance of source licences for controlled apparatus and materials by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency. The 2010 Amendment Regulations (No. 1) had intended to increase certain licence application fees by 14%, but a printing error led to the incorrect application of these changes. The subsequent Amendment Regulations (No. 2) aim to correct this mistake, ensuring that the intended amendments to the licence fees are properly reflected. These regulations were made without consultation as they are purely technical corrections.

Scope and Application

The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 2) address a specific correction to an earlier regulation that inadvertently misstated the adjustment of certain licence application fees. These Regulations, which serve to rectify a printing error, are made under the authority provided by the Australian Radiation Protection and Nuclear Safety Act 1998. They apply to controlled persons who require a source licence to deal with controlled apparatus or materials, and are intended to ensure that the fees prescribed for these licences are correctly set. The Act and its regulations apply nationally, extending across all jurisdictions within Australia, thereby impacting entities and individuals engaged in activities involving radioactive substances or nuclear material. The scope of these Regulations is limited to the correction of a specific error in the previously issued Amendment Regulations and does not introduce any new substantive changes to the law. The Regulations are supplementary to the Principal Regulations and come into effect on the day they are registered on the Federal Register of Legislative Instruments.

Key Provisions

The Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 2) (the Regulations) amend the Australian Radiation Protection and Nuclear Safety Regulations 1999 (the Principal Regulations) to correct an error introduced during the printing process of the Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 1). This correction is necessary to ensure that the intended amendment to the licence application fees for source licences is accurately reflected in the Principal Regulations. Specifically, the Regulations correct the fee for a source licence application by omitting the incorrect fee of 7,896 and inserting the correct fee of 9,001. This amendment is a result of an error where the digit '8' was omitted from the fee of 7,896, leading to an incorrect fee of 896 being printed. The Regulations impose certain obligations on the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and controlled persons. Under the Australian Radiation Protection and Nuclear Safety Act 1998 (the Act), the Chief Executive Officer of ARPANSA has the authority to issue a source licence to a controlled person, authorising them to deal with controlled apparatus or controlled materials. The Regulations amend the Principal Regulations to adjust the fee structure for source licence applications, ensuring that the correct fees are applied as intended by the Amendment Regulations. This correction is essential for maintaining the accuracy and integrity of the regulatory framework governing the use of radioactive materials and radiation apparatus in Australia. Failure to comply with the provisions of the Act and the Regulations could result in various civil or criminal consequences, depending on the nature and severity of the breach. Under the Act, offences can include unauthorised use or possession of radioactive substances, failure to comply with licence conditions, and breaches of safety standards. The maximum penalties for offences under the Act can include substantial fines, imprisonment, or both, depending on the specific offence and its circumstances. It is important for regulated entities to adhere to the requirements set out in the Act and the Regulations to avoid potential legal repercussions. The Regulations themselves do not impose direct penalties for non-compliance, as they are primarily corrective in nature. However, non-compliance with the corrected fee structure could lead to administrative issues, such as delays in processing licence applications or potential fines for incorrect fee payments. The primary focus of the Regulations is to rectify the printing error and ensure that the intended amendments to the Principal Regulations are accurately implemented. This correction is crucial for maintaining the consistency and effectiveness of the regulatory framework governing radiation protection and nuclear safety in Australia. Overall, the Australian Radiation Protection and Nuclear Safety Amendment Regulations 2010 (No. 2) serve to correct an inadvertent error in the previously issued Amendment Regulations, ensuring that the intended fee structure for source licence applications is accurately reflected in the Principal Regulations. By addressing this printing error, the Regulations help to maintain the integrity and effectiveness of the regulatory framework governing the use of radioactive materials and radiation apparatus in Australia. Compliance with the Act and the Regulations is essential for ensuring the safety and security of individuals and the environment in relation to radiation-related activities.