Part 2Regulatory
controls
6Restrictions on possession,
use and sale etc of radioactive substances and certain radiation
apparatus
(1)
This section applies to the following:
(a)
all radioactive substances,
(b)
all ionising radiation
apparatus,
(c)
non-ionising radiation apparatus prescribed as
apparatus to which this section applies.
(2)
A person must not possess, use, sell or give away
anything to which this section applies unless the person is the holder of a
licence under this section and does so in compliance with any conditions to
which the licence is subject.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(3)
A person must not sell or give away anything to
which this section applies except to a person who holds a licence under this
section authorising the possession, use or sale of that thing.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(4)
The Authority may, on application in the approved
form and payment of the prescribed fee, grant a licence.
(5)
The Authority is not to grant a licence
authorising a person to use anything to which this section applies unless it
is satisfied:
(a)
that the applicant is a natural person and is a
fit and proper person to hold the licence, and
(b)
that the applicant has appropriate knowledge of
the principles and practices of radiation safety and protection applicable to
the activities proposed to be carried on by the applicant pursuant to the
licence, and
(c)
that the applicant meets any relevant
requirements for licensing for use of the substance or apparatus set out in a
document forming part of the National Directory and adopted by the Authority
under section 37.
(6)
A licence is subject to such conditions as may be
imposed by the Authority.
s 6: Am 1992 No 34,
Sch 1; 2002 No 14, Sch 3 [3] [4]; 2002 No 52, Sch 1
[4]–[7].
7Responsibilities of owners of
sealed source devices and certain radiation apparatus
(1)
This section applies to the following
things:
(a)
all sealed source devices,
(b)
radiation apparatus that is prescribed as
apparatus to which this section applies.
(2)
The owner of anything to which this section
applies is guilty of an offence unless it is registered under this section in
the owner’s name and any conditions to which that registration is
subject are complied with.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(3)
The owner of anything registered under this
section must not allow a person to use it unless the person is authorised to
do so by a licence.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(4)
The Authority may, on application in the approved
form by or on behalf of the owner of a sealed source device or radiation
apparatus and payment of the prescribed fee, register it in the owner’s
name.
(5)
The Authority is not to register a sealed source
device or radiation apparatus under this section unless the Authority is
satisfied that it complies with:
(a)
any applicable requirements of the regulations,
and
(b)
any relevant requirements set out in a document
forming part of the National Directory and adopted by the Authority under
section 37.
(6)
Registration under this section is subject to
such conditions as may be imposed by the Authority.
s 7: Am 2002 No 52,
Sch 1 [8]–[11]; 2004 No 55, Sch 1.23 [3] [4].
8Responsibilities of occupier
of premises on which certain radioactive substances are kept or
used
(1)
The occupier of any premises on which a
radioactive substance that is not contained in a sealed source device is kept
or used is guilty of an offence unless the premises are registered under this
section and any conditions to which that registration is subject are complied
with.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(2)
The occupier of premises registered under this
section must not allow a person to use any radioactive substance that is not
contained in a sealed source device and is kept on the premises unless the
person is authorised to do so by a licence.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(3)
The Authority may, on application in the approved
form by or on behalf of the occupier of premises and payment of the prescribed
fee, register the premises in the name of the occupier.
(4)
The Authority is not to register premises under
this section unless the Authority is satisfied that the premises comply
with:
(a)
any applicable provisions of the regulations,
and
(b)
any relevant requirements set out in a document
forming part of the National Directory and adopted by the Authority under
section 37.
(5)
Registration under this section is subject to
such conditions as may be imposed by the Authority.
(6)
The Minister may by notice in writing given to
the occupier of any premises exempt the premises from the operation of this
section and any such exemption remains in force until cancelled by the
Minister by notice in writing given to the occupier.
s 8: Am 2002 No 52,
Sch 1 [12]–[16]; 2004 No 55, Sch 1.23 [5] [6].
9Accreditation of radiation
experts
(1)
A person must not carry on any of the activities
prescribed as the activities of a consulting radiation expert unless the
person is accredited by the Authority as a radiation expert and does so in
compliance with any conditions to which that accreditation is
subject.
Maximum penalty: 100 penalty
units.
(2)
The Authority may, on application in the approved
form and payment of the prescribed fee, accredit a person as a consulting
radiation expert.
(3)
The Authority is not to accredit a person unless
satisfied:
(a)
that the person has the expertise necessary to
properly carry out the activities authorised by the accreditation,
and
(b)
that the person meets the requirements for
accreditation as a consulting radiation expert set out in a document forming
part of the National Directory and adopted by the Authority under section
37.
(4)
An accreditation under this section is subject to
such conditions as may be imposed by the Authority.
s 9: Am 2002 No 52,
Sch 1 [17]–[19].
9AAuthority may seek advice from
Council
The Authority may seek, and take into
consideration, the advice of the Council before making any of the following
decisions:
(a)
a decision under section 6 about an application
for a licence,
(b)
a decision under section 7 about an application
to register a sealed source device or radiation apparatus in the owner’s
name,
(c)
a decision under section 8 about an application
to register premises in the occupier’s name,
(d)
a decision under section 8 about exempting
premises from the operation of that section,
(e)
a decision under section 9 about an application
to accredit a person as a consulting radiation expert,
(f)
a decision under section 10A about an application
to vary a licence or accreditation.
s 9A: Ins 2002 No 52,
Sch 1 [20]. Am 2004 No 55, Sch 1.23 [7].
10Conditions of licences
etc
(1)
A condition of a licence, registration or
accreditation may be imposed by the Authority by notice in writing given to
the holder of the licence, registration or
accreditation.
(2)
The Authority may, by notice in writing to the
holder of a licence, registration or accreditation, vary or revoke a condition
of it or impose a further condition.
s 10: Am 2002 No 52,
Sch 1 [21].
10AVariation of licences and
accreditations
(1)
The Authority may, by notice in writing to the
holder of a licence or an accreditation, vary the licence or accreditation in
accordance with this section.
(2)
A variation may be made only on application in
the approved form, and on payment of the prescribed fee, by the holder of the
licence or accreditation concerned.
(3)
A licence may be varied so as to authorise the
possession, use or sale of a substance or apparatus to which section 6
applies, being a substance or apparatus that the licensee is not authorised,
at the time of the application, to possess, use or sell.
(4)
An accreditation may be varied so as to authorise
the holder of the accreditation to carry on a specified activity prescribed
for the purposes of section 9, being an activity that the holder is not
authorised, at the time of the application, to carry on.
(5)
The Authority is not to:
(a)
vary a licence to use a substance or apparatus to
which section 6 applies—unless the Authority is satisfied:
(i)
that the licensee has appropriate knowledge of
the principles and practices of radiation safety and protection applicable to
the activities proposed to be carried on by the licensee in pursuance of the
licence as so varied, and
(ii)
that the licensee meets the requirements referred
to in section 6 (5) (a) and (c), or
(b)
vary an accreditation—unless the Authority
is satisfied:
(i)
that the holder of the accreditation has the
expertise necessary to properly carry on the activities to be authorised by
the accreditation as so varied, and
(ii)
that the holder of the accreditation meets the
requirements for accreditation as a consulting radiation expert set out in a
document forming part of the National Directory and adopted by the Authority
under section 37.
(6)
A notice under this section is to impose such
conditions (if any) in connection with the variation concerned as the
Authority may determine.
(7)
Despite subsection (2), the Authority may, at the
request of the holder of a licence or accreditation, vary the licence or
accreditation so as to revoke an authorisation conferred by the licence or
accreditation and revoke any condition imposed in connection with the
authorisation so revoked.
(8)
This section does not affect the operation of
section 10.
s 10A: Ins 2002 No
52, Sch 1 [22].
11Term and renewal of licences,
registrations and accreditations
(1)
A licence or registration (including any renewed
or varied licence or registration) remains in force for such term as the
Authority specifies in the licence or registration, unless it is cancelled or
surrendered sooner.
(2)
An accreditation (including any renewed or varied
accreditation) remains in force for the term specified by the Authority in the
accreditation, unless it is cancelled or surrendered
sooner.
(3)
(4)
On application made in the approved manner and
payment of the prescribed fee, the Authority is to renew a licence or
registration or accreditation for a period of not less than 12
months.
s 11: Am 2002 No 14,
Sch 3 [5] [6]; 2002 No 52, Sch 1 [23]–[25].
12Transfer of
registration
The Authority may, on application in the approved
form by or on behalf of any person in whose name any thing or premises are
registered and payment of the prescribed fee, transfer the registration into
the name of another person.
13Surrender, suspension and
cancellation of licences etc
(1)
The holder of a licence, registration or
accreditation can surrender it.
(2)
The Authority can suspend or cancel a licence,
registration or accreditation if satisfied:
(a)
that the grant of the licence, registration or
accreditation was obtained improperly, or
(b)
that the holder of the licence, registration or
accreditation has contravened a condition of it, or
(c)
that the holder of the licence, registration or
accreditation has been convicted of an offence against this Act or the
regulations, or
(d)
that, in the case of a licence or accreditation,
the holder has ceased to hold a qualification on the basis of which the
Authority granted the licence or accreditation, or
(e)
that, in the case of an accreditation, the holder
has ceased working as a consulting radiation
expert.
(3)
A decision of the Authority to suspend or cancel
a licence, registration or accreditation has no effect:
(a)
until the expiration of the period within which a
person may appeal against the decision, or
(b)
if a person appeals against the decision within
that period, unless and until the decision is confirmed by the District Court
or the appeal is withdrawn.
(4)
A licence, registration or accreditation:
(a)
surrendered or cancelled under this section
ceases to be of any force or effect, or
(b)
suspended under this section is of no force or
effect for the period of the suspension.
(5)
If a licence or registration has been suspended,
it can be renewed but remains subject to suspension until the expiration of
the period of suspension.
(6)
The holder of a licence, registration or
accreditation which is suspended or cancelled must surrender it to the
Authority.
Maximum penalty: 10 penalty
units.
14Appeals
(1)
A person may, in accordance with the rules of the
District Court, appeal to the District Court against a decision of the
Authority:
(a)
to refuse to grant the person a licence,
registration or accreditation, or
(b)
to impose conditions on, or vary the conditions
of, a licence, registration or accreditation, or
(c)
to refuse to vary a licence or accreditation,
or
(d)
to suspend or cancel a licence, registration or
accreditation.
(2)
The appeal is to be by way of a new hearing and
new evidence can be given on the appeal.
(3)
The decision of the District Court on the appeal
is final and is to be given effect to by the Authority.
s 14: Am 2002 No 52,
Sch 1 [26].
Part 3Enforcement
15Application of Chapter 7 of
Protection of the Environment Operations Act
1997
Chapter 7 (Investigation) of the Protection of the Environment Operations Act
1997 extends to the exercise of powers in connection with
this Act and the regulations.
Note—
Section 186 of the Protection of the Environment Operations Act
1997 provides that Chapter 7 of that Act extends to the
exercise of certain powers in connection with certain other legislation,
including this Act. Chapter 7 of the Protection of the
Environment Operations Act 1997 deals with such matters as
the appointment of authorised officers, powers to require information and
records, powers of entry and search, powers to question and to identify
persons and powers with respect to certain things such as
vehicles.
s 15: Subst 2002 No
14, Sch 3 [7].
16Powers of
entry
(1)
Without limiting section 15, an authorised
officer may, at any time, enter premises if the authorised officer reasonably
suspects that any radioactive substance or radiation apparatus is kept or used
on the premises.
(2)
Chapter 7 (Investigation) of the Protection of the Environment Operations Act
1997 applies to the exercise of functions by an authorised
officer under this section in the same way as it applies to the exercise of
other powers to enter premises under that Chapter.
s 16: Am 1991 No 92,
Sch 2. Subst 2002 No 14, Sch 3 [7].
17
s 17: Rep 2002 No 14,
Sch 3 [7].
18Notices to take
action
(1)
An authorised officer may serve a notice under
this section on a person if the authorised officer believes on reasonable
grounds that:
(a)
any requirement under this Act, the regulations
or the conditions of a licence or registration is not being complied with and
the person is responsible for complying with it, or
(b)
the person is responsible for any unnecessary
exposure to or contamination by radiation.
(2)
The notice:
(a)
is to be in writing, and
(b)
may contain a direction requiring the person on
whom it is served to take specified steps to comply with the direction within
a specified time, and
(c)
is to contain a statement to the effect that the
person on whom the notice is served is entitled, within 7 days after receiving
the notice or within such further time as the Authority may allow, to make a
submission to the Authority as to why the person should not comply with the
direction concerned.
(3)
The Authority must, as soon as practicable after
the authorised officer issues the notice, advise the Council about the
notice.
(4)
If the person on whom the notice is served fails
to make a submission to the Authority within the period allowed or does so but
the Authority confirms the notice (with or without variation), the person must
comply with the notice.
Maximum penalty: 200 penalty
units.
(5)
The person may appeal to the District Court
against a decision of the Authority under this section and the following
provisions apply to the appeal:
(a)
there is no requirement to comply with the notice
pending determination of the appeal, unless the appeal is
withdrawn,
(b)
the appeal is to be in accordance with the rules
of the District Court,
(c)
the appeal is to be by way of a new hearing and
new evidence can be given on the appeal,
(d)
the decision of the Court is final and is to be
given effect to by the Authority.
s 18: Am 2002 No 14,
Sch 3 [8]; 2002 No 52, Sch 1 [27] [28]; 2004 No 55, Sch 1.23
[8].
19Powers to deal with dangerous
situations
(1)
If the Authority considers that a dangerous or
potentially dangerous situation exists involving actual or threatened exposure
of any person, animal or thing or the environment to an excessive level of
radiation or contamination of any person or premises by a radioactive
substance, the Authority may, to avoid, remove or alleviate the danger or
potential danger:
(a)
direct the person responsible for the danger or
potential danger or any person affected by it to take, or refrain from taking
any specified action, or
(b)
direct that the radioactive substance or
radiation apparatus giving rise to the danger or potential danger or anything
contaminated or affected by it be seized, removed, disposed of, treated or
otherwise dealt with, or
(c)
give any other direction that the Authority
considers appropriate, or
(d)
take any action that the Authority considers
necessary to alleviate the danger or potential danger (including any action
that a person has been directed to take but has failed to
take).
(2)
Directions may be given or action taken under
subsection (1) by the Authority or, with the prior approval of the Authority,
by an authorised officer, member of the Police Force or other person appointed
for the purpose by the Authority.
(3)
A direction may be given:
(a)
by notice published in the Gazette,
or
(b)
by instrument in writing served on the person to
whom it is directed, or
(c)
orally in circumstances of imminent danger, so
long as, within 24 hours after it is given orally, notice of the direction is
also given by instrument in writing served on the person
concerned.
(4)
A person must not:
(a)
contravene a direction given under this section,
or
(b)
hinder or obstruct any person exercising any
function, or complying with any direction, under this
section.
Maximum penalty: 1,500 penalty units in the case
of a corporation or 250 penalty units or imprisonment for 2 years, or both, in
any other case.
(5)
The exercise of the Authority’s functions
under this section is subject to the State Emergency
and Rescue Management Act 1989.
s 19: Am 2002 No 14,
Sch 3 [9].
20Special
inquiries
(1)
The Minister may authorise an Australian lawyer
of at least 7 years’ standing to conduct an inquiry into any accident or
incident involving a radioactive substance or radiation
apparatus.
(2)
The person who is directed to conduct such an
inquiry is, for that purpose, to have the same powers, authorities,
protections and immunities conferred by the Royal Commissions
Act 1923 on a commissioner and the chairman of a
commission respectively, appointed under Division 1 of Part 2 of that
Act.
(3)
The Royal Commissions
Act 1923 (Division 2 of Part 2 excepted) applies to any
witness summoned by or appearing before the person conducting an inquiry under
this section in the same way as it applies to any witness summoned by or
appearing before a commission.
s 20: Am 1993 No 87,
Sch 5; 2007 No 27, Sch 3.8.
21Decontamination and
acquisition of premises
(1)
The Authority may cause to be undertaken, or
facilitate the undertaking of, the decontamination, or the removal and
disposal, of premises contaminated by radioactivity.
(2)
For the purposes of subsection (1), the Authority
or the Health Administration Corporation constituted under the Health Administration Act 1982 is
authorised to acquire premises contaminated by
radioactivity.
(3)
This section does not prevent the acquisition, by
the Crown or by any authority of the State, of any premises contaminated by
radioactivity.
(4)
For the purposes of this section, premises are to
be regarded as contaminated by radioactivity if the premises or a part of the
premises have a level of radioactivity of or above the level prescribed for
the purposes of this section.
s 21: Am 1991 No 60,
Sch 3.
22Offence by
employee—liability of employer
(1)
If an employee contravenes any provision of this
Act or the regulations, the employer is to be taken to have contravened the
same provision (whether or not the employee contravened the provision without
the employer’s authority or contrary to the employer’s orders or
instructions).
(2)
It is a defence in proceedings against an
employer for such a contravention if it is established:
(a)
that the employer had no knowledge of the
contravention, and
(b)
that the employer could not, by the exercise of
due diligence, have prevented the contravention.
(3)
An employer may be proceeded against and
convicted under a provision pursuant to subsection (1) whether or not the
employee has been proceeded against or convicted under that
provision.
23Offences by
corporations
(1)
If a corporation contravenes any provision of
this Act or the regulations, each person who is a director of the corporation
or who is concerned in the management of the corporation is to be taken to
have contravened the same provision if the person knowingly authorised or
permitted the contravention.
(2)
A person may be proceeded against and convicted
under a provision pursuant to subsection (1) whether or not the corporation
has been proceeded against or convicted under that
provision.
(3)
Nothing in this section affects any liability
imposed on a corporation for an offence committed by the corporation against
this Act or the regulations.
24Increased penalty for offence
causing serious harm
(1)
This section applies when a person is convicted
of an offence against a provision of this Act and it is proved beyond
reasonable doubt that the person knew that its commission was likely to cause
serious harm to a person, animal or thing or the environment by exposure to
radiation.
(2)
When this section applies, the maximum penalty
that may be imposed in respect of the offence concerned is increased to 10,000
penalty units in the case of a corporation or 1,500 penalty units or
imprisonment for 2 years, or both, in any other case.
s 24: Am 2010 No 91,
Sch 1 [7].
25Proceedings for
offences
(1)
Proceedings for an offence under this Act or the
regulations are to be disposed of summarily before:
(a)
the Local Court, or
(b)
the Supreme Court in its summary
jurisdiction.
(2)
Proceedings may be taken and prosecuted only by a
person acting with the authority of the Authority and may not be taken in the
Supreme Court except with the consent of the Minister.
(3)
The maximum pecuniary penalty that may be imposed
by the Local Court in proceedings for an offence under this Act or the
regulations is 100 penalty units.
(4)
In proceedings for an offence, an authority or
consent to prosecute purporting to have been signed by the Chairperson of the
Authority or the Minister is evidence of that authority or consent without
proof of the signature of the Authority or the Minister.
(5)
Proceedings for an offence under this Act may be
commenced within 12 months after the date on which:
(a)
the offence is alleged to have been committed,
or
(b)
evidence of the alleged offence first came to the
attention of an authorised officer.
(6)
If subsection (5) (b) is relied on for the
purpose of commencing proceedings:
(a)
the court attendance notice must contain
particulars of the date on which evidence of the offence first came to the
attention of an authorised officer and need not contain particulars of the
date on which the offence was committed, and
(b)
unless the contrary is established, that
specified date is taken to be the date on which evidence first came to the
attention of an authorised officer.
(7)
This section applies despite anything in the
Criminal Procedure Act 1986 or any other
Act.
(8)
In this section:
evidence
of an offence means evidence of any act or omission
constituting the offence.
s 25: Am 1991 No 60,
Sch 3; 1999 No 31, Sch 1.38; 2003 No 82, Sch 2.25; 2007 No 94, Sch 2; 2010 No
91, Sch 1 [10]; 2011 No 63, Sch 3.6 [2].
25APenalty
notices
(1)
An authorised officer or police officer may serve
a penalty notice on a person if it appears to the authorised officer or police
officer that the person has committed an offence against this Act or the
regulations, being an offence prescribed by the regulations as a penalty
notice offence.
(2)
A penalty notice is a notice to the effect that,
if the person served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified in the notice,
the amount of penalty prescribed by the regulations for the offence if dealt
with under this section.
(3)
A penalty notice may be served personally or by
post.
(4)
The regulations may authorise a penalty notice
also to be served by leaving the notice on a vehicle or at other premises in
respect of which the offence was committed.
(5)
If the amount of penalty prescribed for an
alleged offence is paid under this section, no person is liable to any further
proceedings for the alleged offence.
(6)
Payment under this section is not to be regarded
as an admission of liability for the purpose of, and does not in any way
affect or prejudice, any civil claim or proceeding arising out of the same
occurrence.
(7)
The regulations may:
(a)
prescribe an offence for the purposes of this
section by specifying the offence or by referring to the provision creating
the offence, and
(b)
prescribe the amount of penalty payable for the
offence if dealt with under this section, and
(c)
prescribe different amounts of penalties for
different offences or classes of offences.
(8)
The amount of a penalty prescribed under this
section for an offence is not to exceed $1,500 or the maximum amount of
penalty that could be imposed for the offence by a court, whichever is the
lesser.
(9)
This section does not limit the operation of any
other provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(10)
Within 28 days after the date on which a penalty
notice is served, an authorised officer may withdraw the notice if it was
served by an authorised officer or a police officer may withdraw the notice if
it was served by a police officer.
(11)
An authorised officer or a police officer must
withdraw a penalty notice immediately if directed to do so by the
Authority.
(12)
The following provisions have effect in relation
to an alleged offence if a penalty notice for the alleged offence is withdrawn
in accordance with this section:
(a)
the amount that was payable under the notice
ceases to be payable,
(b)
any amount that has been paid under the notice is
repayable to the person by whom it was paid,
(c)
further proceedings in respect of the alleged
offence may be taken against any person (including the person on whom the
notice was served) as if the notice had never been
served.
s 25A: Ins 2002 No
14, Sch 3 [10]. Am 2010 No 91, Sch 1 [11].
26Forfeiture
(1)
When a person is convicted of an offence against
this Act or the regulations, the court may order forfeiture to the Crown of
any radioactive substance or radiation apparatus in respect of which the
offence was committed if the court finds it to be the property of the person
so convicted.
(2)
On application made by or on behalf of the
Authority in the prescribed manner, the Local Court may order forfeiture to
the Crown of any substance or article seized by an authorised officer under
this Act.
(3)
The making of an order under this section
operates to forfeit the property concerned to the Crown.
(4)
Forfeited property is to be disposed of as the
Minister directs.
s 26: Am 2002 No 14,
Sch 3 [11]; 2007 No 94, Sch 2.
27Retention and disposal of
seized property
(1)
A substance or thing seized by an authorised
officer under this Act may be retained for 6 months (or a longer period
approved under subsection (3)) but then must be returned to the person from
whom it was seized unless:
(a)
it has been forfeited to the Crown under section
26, or
(b)
the Authority gives notice in the prescribed
manner before that period expires to the effect that application will be made
under section 26 on a specified day for forfeiture to the Crown of the
substance or thing.
(2)
Unless the substance or thing is forfeited to the
Crown as a result of the making of that application, the Authority is to
return it to the person from whom it was seized or to the person who appears
to the Authority to be entitled to possession of it.
(3)
The Local Court or the Supreme Court may on the
application of the Authority approve the retention of a seized substance or
thing for a specified period longer than 6 months.
s 27: Am 2002 No 14,
Sch 3 [11]; 2007 No 94, Sch 3.
28Recovery of
costs
If costs or expenses are incurred by the
Authority or a public body in taking action or causing action to be taken
under this Act in respect of a danger or potential danger resulting from an
act or omission by any person in contravention of this Act or the regulations,
the Authority or public body may recover those costs or expenses from that
person in a court of competent jurisdiction as a debt.
Part 5General
34Act binds
Crown
This Act binds the Crown in right of New South
Wales and, so far as the legislative power of Parliament permits, the Crown in
all its other capacities.
35Service of
documents
(1)
A document required or permitted by this Act or
the regulations to be served on a person, whether the expression
“serve”, “give” or “send” or any other
expression is used, may be served:
(a)
on a natural person by delivering it to the
person personally or by leaving it at, or by sending it by post to, the
address of the place of residence or business of the person last known to the
person serving the document, or
(b)
on a corporation by leaving it at, or sending it
by pre-paid post to, the head office, a registered office or a principal
office of the corporation.
(2)
Nothing in this section:
(a)
affects the operation of any other law of the
State or elsewhere that authorises the service of a document in any other way,
or
(b)
affects the power of a court to authorise service
of a document in any other way.
36Certificate
evidence
A certificate issued by the Authority to the
effect that a specified person was or was not the holder of a specified
licence, registration or accreditation at a specified time is, in any
proceedings, evidence of the matters certified.
37Adoption of documents forming
part of National Directory
(1)
The Authority may, by notice published in the
Gazette, adopt a document (including for example a standard, guidance note or
code of practice) forming part of the National Directory and may, in the same
way, revoke or vary such an adoption.
(2)
The Authority is to cause a document adopted
under this section to be available for public inspection free of charge at the
Authority’s offices during normal office hours.
s 37: Rep 1991 No 60,
Sch 3. Ins 2002 No 52, Sch 1 [34].
38Consultation and co-operation
between Ministers
The Minister, in the administration of this Act,
is to consult and co-operate with:
(a)
the Ministers administering the following Acts on
matters relating to safe work practices involving radiation:
(i)
Coal Mine Health
and Safety Act 2002,
(ii)
Mining Act
1992,
(iii)
Work Health and
Safety Act 2011,
(iv)
Offshore Minerals
Act 1999,
(v)
Petroleum
(Onshore) Act 1991, and
(b)
the Minister administering the Mine Health and Safety Act 2004 on
matters relating to radiation protection in mines, and
(c)
the Minister administering the Public Health Act 1991 on matters
relating to protection of public health from
radiation.
s 38: Am 1991 No 60,
Sch 3; 1992 No 29, Sch 5; 1999 No 42, Sch 3.14; 2004 No 74, Sch 4.9 [2]; 2010
No 91, Sch 1 [21] [22]; 2011 No 67, Sch 4.23 [2].
38AExemptions by Authority in
emergencies and other situations
(1)
The Authority may exempt a person from compliance
with all or any specified provision of this Act or the regulations, in the
circumstances referred to in subsection (2).
(2)
An exemption may be granted in:
(a)
an emergency (such as an emergency clean-up
following a spill of a radioactive substance), or
(b)
circumstances where:
(i)
the Authority is satisfied that it is not
practicable to comply with the relevant provision, and
(ii)
the Authority is satisfied that non-compliance
with the provision will not have any significant adverse effect on human
health, property or the environment, and
(iii)
if the exemption is for a period exceeding 60
days, the Authority has sought and taken into consideration the advice of the
Council about the proposed exemption.
(3)
The regulations may prescribe the manner in which
a person must apply for an exemption under this section.
(4)
An exemption:
(a)
is effected by order made by the Authority and
published in the Gazette, and
(b)
takes effect from the date the order is published
or a later date specified in the order, and
(c)
has effect for the period specified in the
order.
(5)
In the case of an exemption granted in an
emergency, the order may take effect when it is made or on a later date
specified in the order. The order is to be published in the Gazette as soon as
practicable after it is made.
(6)
An exemption may be unconditional or may be
subject to conditions specified in the order.
(7)
An exemption may be revoked, varied or renewed by
a further order made and published in accordance with this
section.
(8)
An exemption may not be granted or renewed so as
to have effect for a total period exceeding 5 years. A further exemption
granted within 5 years after the expiry of an earlier exemption (being a
further exemption that is the same in substance as the earlier exemption) is
to be treated as a renewed exemption for the purposes of this
subsection.
(9)
If an exemption is granted, any person may make a
written request to the Authority for the reasons for the exemption and the
Authority is to provide a written statement of the reasons to the person. The
regulations may make provision with respect to any such statement of reasons,
including:
(a)
the time within which a request for reasons must
be made or within which the statement of reasons must be provided,
and
(b)
the matters to be set out in a statement of
reasons, and
(c)
the cases in which a statement of reasons is not
required to be provided.
s 38A: Ins 2010 No
91, Sch 1 [23].
39Exemptions
(1)
The regulations may make provision for exemptions
(whether or not subject to conditions) from compliance with all or specified
provisions of this Act and the regulations, including provision:
(a)
authorising the Minister to grant such an
exemption, and
(b)
specifying circumstances in which an exemption
granted under any law of another State, a Territory or the Commonwealth is to
be considered to be an exemption granted under the
regulations.
(2)
The Minister may grant an exemption authorised by
the regulations for such period as is determined by the
Minister.
(3)
Before granting an exemption authorised by the
regulations for a period exceeding 60 days, the Minister must seek, and take
into consideration, the advice of the Council about the proposed
exemption.
s 39: Am 2002 No 52,
Sch 1 [35].
39APersonal
liability
A matter or thing done or omitted by:
(a)
the Council or a member of the Council,
or
(b)
a member of a committee of the Council,
or
(c)
an authorised officer, or
(d)
a person acting under the direction of the
Council,
does not subject a member, authorised officer or person
so acting personally to any action, liability, claim or demand if the matter
or thing was done or omitted in good faith for the purposes of executing this
Act.
s 39A: Ins 1995 No
99, Sch 1. Am 2002 No 14, Sch 3 [13].
39BReview of
Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The Minister must seek, and take into
consideration, the advice of the Council when undertaking the
review.
(3)
The review is to be undertaken as soon as
practicable after the period of 10 years from the date of commencement of
Schedule 1 [25] to the Radiation Control Amendment Act
2010.
(4)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 10 years.
s 39B: Ins 2002 No
52, Sch 1 [36]. Am 2010 No 91, Sch 1 [25].
40Regulations
(1)
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed, or that is necessary or convenient
to be prescribed, for carrying out or giving effect to this
Act.
(2)
Without affecting the generality of subsection
(1), the Governor may make regulations for or with respect to regulating
activities concerned with radioactive substances or radiation apparatus,
including the following activities:
(a)
activities of producing, manufacturing,
supplying, keeping, conveying, using or otherwise dealing with radioactive
substances or radiation apparatus,
(b)
activities concerning any aspect of waste
management, including waste disposal, treatment, storage, recycling and
minimisation.
(3)
The regulations authorised by this section
include regulations that make provision for or with respect to:
(a)
requiring specified standards to be observed,
practices and procedures to be followed and measures to be taken in relation
to activities referred to in subsection (2),
(b)
recommending practices and procedures that may be
followed, and measures that may be taken, to further the achievement of the
standards referred to in paragraph (a),
(c)
regulating, restricting or prohibiting any act or
thing that is involved in or related to an activity referred to in subsection
(2),
(d)
the granting, issuing or giving of a licence,
permit, registration, authority or approval and the terms or conditions to
which it is subject,
(e)
the giving of directions for the purposes of the
regulations,
(f)
the protection of the health and safety, and the
training, examination and certification, of persons who engage or seek to
engage in activities referred to in subsection (2),
(g)
the medical examination of persons exposed or
believed to have been exposed to radiation in the course of activities
referred to in subsection (2),
(h)
requiring the keeping of records, furnishing of
information, and notification of accidents or other matters or events by
persons carrying on activities referred to in subsection
(2),
(i)
the monitoring of levels of radiation exposure of
persons engaged in activities referred to in subsection (2) and the monitoring
of the health of such persons during and after such
activities,
(j)
the protection of persons and the environment
against the harmful effects of radiation resulting from activities referred to
in subsection (2),
(k)
the monitoring of levels of radiation in the
environment, and
(l)
requiring the payment of fees and charges for
services provided by the Authority under this Act.
(3A)
The regulations authorised by this section may
also make provision for or with respect to any matter relating to the security
of radioactive substances, radiation apparatus and sealed radioactive
sources.
(4)
A regulation may create an offence punishable by
a penalty not exceeding 400 penalty units in the case of an offence committed
by a corporation or 200 penalty units in any other case.
(5)
The regulations may provide for the waiver of the
whole or such part of the fees as the Authority may in a particular case think
proper.
(6)
The regulations may adopt any document (including
for example a standard, guidance note or code of practice) as in force from
time to time.
s 40: Am 1990 No 108,
Sch 1; 2002 No 52, Sch 1 [37]; 2010 No 91, Sch 1 [27] [28].
41–43
s 41: Rep 1999 No 85,
Sch 4.
s 42: Rep 1999 No 85,
Sch 4.
s 43: Rep 2010 No 91,
Sch 1 [29].
44Savings and transitional
provisions
Schedule 2 has effect.