Part 1 Preliminary
1 Name of Regulation
This Regulation is the Radiation Control Regulation 2003.
2 Commencement
(1) This Regulation commences on 1 September 2003, except as provided by this clause.(2) Clause 10 (b) commences on 1 February 2004.Note—This Regulation replaces the Radiation Control Regulation 1993 which is repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
(1) In this Regulation:approved means approved for the time being by the Director-General.Computed Tomography and Bone Mineral Densitometry Radiation Guideline means the document published by the Authority entitled Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 5—Computed Tomography and Bone Mineral Densitometry as in force from time to time.Dentistry Radiation Guideline means the document published by the Authority entitled Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 3—Dentistry (Including maxillofacial) as in force from time to time.Director-General means the Director-General of the Authority.effective dose has the same meaning as it has in the 1990 ICRP recommendations.equivalent dose has the same meaning as it has in the 1990 ICRP recommendations.Fluoroscopy and Radiography Radiation Guideline means the document published by the Authority entitled Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 2—Fluoroscopy & Radiography as in force from time to time.Mammography Radiation Guideline means the document published by the Authority entitled Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 1—Mammography as in force from time to time.occupationally exposed person means a person who is exposed to ionising or non-ionising radiation directly arising out of, or in the course of, the person’s employment.radiation accident is defined in clause 26.the Act means the Radiation Control Act 1990.the 1990 ICRP recommendations means the document entitled 1990 Recommendations of the International Commission on Radiological Protection and numbered ICRP Publication 60, as adopted by the International Commission on Radiological Protection in November 1990, a copy of which is deposited in the offices of the Authority.Veterinary Radiation Guideline means the document published by the Authority entitled Radiation Guideline 6: Registration requirements & industry best practice for ionising radiation apparatus used in diagnostic imaging—Part 4—Veterinary Science as in force from time to time.(2) In this Regulation, a reference to a radioactive substance of a particular Group is a reference to a radioactive substance referred to in the corresponding Group in Schedule 1.(3) Notes in the text of this Regulation, other than in Schedules 2 and 5, do not form part of this Regulation.
4 Definition of “radioactive ore”: section 4
(1) For the purposes of the definition of radioactive ore in section 4 (1) of the Act, the prescribed concentrations of uranium and thorium are:(a) in the case of an ore that contains uranium but not thorium, 0.02 per cent by weight of uranium, or(b) in the case of an ore that contains thorium but not uranium, 0.05 per cent by weight of thorium, or(c) in the case of an ore that contains both uranium and thorium, a percentage by weight of uranium and thorium such that the expression:%20AND%20(No%3D0615)%20AND%20(Year%3D2003)%20AND%20(%22Historical%20Document%22%3D%222007-09-07%22))/g1.gif)
is equal to, or greater than, one.(2) In the expression referred to in subclause (1) (c):U represents the percentage by weight of uranium.Th represents the percentage by weight of thorium.
5 Definition of “radioactive substance”: section 4
(1) For the purposes of the definition of radioactive substance in section 4 (1) of the Act:(a) the prescribed amount is 100 becquerels per gram, and(b) a substance has the prescribed activity if the expression:%20AND%20(No%3D0615)%20AND%20(Year%3D2003)%20AND%20(%22Historical%20Document%22%3D%222007-09-07%22))/g2.gif)
is equal to, or greater than, one.(2) In the expression referred to in subclause (1) (b):A1 represents the total activity, in kilobecquerels, of the Group 1 radionuclides contained in the substance.A2 represents the total activity, in kilobecquerels, of the Group 2 radionuclides contained in the substance.A3 represents the total activity, in kilobecquerels, of the Group 3 radionuclides contained in the substance.A4 represents the total activity, in kilobecquerels, of the Group 4 radionuclides contained in the substance.
6 Dose limits to be taken into account by the Authority
When making a decision under the Act, the Authority is to take into account, where relevant, the dose limits for exposure to ionising radiation, and the notes for assessing those limits, set out in Schedule 2.
Part 2 Licensing, registration and accreditation
7 Exemptions from section 6 licensing requirements for certain radioactive substances and radiation apparatus
A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the following:(a) the use of the kinds of radioactive substances specified in Part 1 of Schedule 3,(b) the possession, use or sale of the kinds of radioactive substances specified in Part 2 of Schedule 3,(c) the use of the kinds of ionising radiation apparatus specified in Part 3 of Schedule 3,(d) the possession, use or sale of the kinds of ionising radiation apparatus specified in Part 4 of Schedule 3.
8 Exemptions from section 6 licensing requirements for certain persons
(1) The following persons are exempt from the licensing requirements of section 6 of the Act in relation to the use of radioactive substances and ionising radiation apparatus:(a) a person who is a medical registrar at a hospital and is training in nuclear medicine, diagnostic radiology, radiation oncology, ophthalmology, dermatology, rheumatology or in a medical discipline which uses fluoroscopy,(b) a person who is a student in medical radiation technology and is a trainee technologist in nuclear medicine, diagnostic radiology or radiation oncology,(c) a person who is an assistant to an industrial radiographer,(d) an undergraduate student in a university or other educational institution who is undertaking course work or research that involves the use of such substances or apparatus,(e) a postgraduate student in a university or other educational institution who is undertaking research or higher studies that involve the use of such substances or apparatus,(f) a person who is a registered nurse at a hospital or a medical officer at a hospital and is required to inject radiopharmaceuticals by that hospital (but only if a person who is the holder of a licence and who is able to inject the radiopharmaceuticals is not readily available at the hospital).(2) This exemption does not have effect with respect to a person unless the person:(a) is the subject of an approval under this clause, and(b) is complying with the conditions to which the approval is subject.(3) A person who holds a licence may give approvals, for the purposes of this clause, for activities authorised by the licence, but only if the conditions of the licence so allow.(4) An approval must:(a) be in writing, and(b) specify the radioactive substances or radiation apparatus to which it relates, and(c) set out any conditions to which it is subject, and(d) identify each person, or class of persons, to whom it relates, and(e) identify the person or persons, or class or classes of persons, who are to supervise each person, or class of persons, to whom it relates.(5) A person who gives an approval for the purposes of this clause must ensure that a copy of the approval:(a) is given to each person to whom it relates, or(b) is conspicuously displayed at each place in which the radioactive substances or ionising radiation apparatus to which the approval relates are proposed to be used.Maximum penalty: 25 penalty units.(6) A person who grants an approval must ensure that each person so approved is supervised by a qualified person as follows:(a) a person referred to in subclause (1) (a) must be subject to:(i) immediate supervision at all times during the first 6 months of the person’s training, and(ii) general supervision after that period,(b) a person referred to in subclause (1) (b) must be subject to:(i) immediate supervision at all times while the person is using the radioactive substances or radiation apparatus to which the approval relates during clinical experience in the course of training, and(ii) general supervision at all other times,(c) a person referred to in subclause (1) (c) must be subject to immediate supervision at all times,(d) a person referred to in subclause (1) (d) must be subject to:(i) immediate supervision at all times while the person is using the radioactive substances or radiation apparatus to which the approval relates in any clinical situation, and(ii) general supervision at all other times,(e) a person referred in subclause (1) (e) or (f) must be subject to general supervision at all times.Maximum penalty: 25 penalty units.(7) In this clause:general supervision means supervision by a qualified person who oversees the person being supervised and ensures that the person follows safe radiation work practices in relation to the use of radioactive substances or radiation apparatus.immediate supervision means supervision by a qualified person who is present at all times during, and is observing and directing, the use by the person being supervised of radioactive substances or radiation apparatus.qualified person, in relation to supervision for a particular radioactive substance or item of radiation apparatus, means a person who is the holder of a licence which allows the person to provide supervision with respect to that substance or item.
8A Exemptions from section 6 licensing requirements for dental profession in relation to use of certain radiation apparatus
(1) A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes, or the sale, of extra-oral x-ray apparatus used with intra-oral image receptors if the person:(a) is registered as a dentist or a dental auxiliary under the Dental Practice Act 2001, and(b) meets all applicable requirements of the Code of Practice for Radiation Protection in Dentistry in relation to the use of the apparatus.(2) A person is exempt from the requirement to be licensed under section 6 of the Act in relation to the use for diagnostic purposes of extra-oral x-ray apparatus used with intra-oral image receptors if the person:(a) is registered as a dentistry student or a dental auxiliary student under the Dental Practice Act 2001, and(b) is subject to:(i) immediate supervision at all times while the person is using the apparatus during clinical experience in the course of training, and(ii) general supervision at all other times.(3) In this clause:Code of Practice for Radiation Protection in Dentistry means the Code so entitled, published by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency, as in force from time to time.general supervision means supervision by a qualified person who oversees the person being supervised and ensures that the person follows safe radiation work practices in relation to the use of the apparatus in respect of which the supervision is required.immediate supervision means supervision by a qualified person who is present at all times during, and is observing and directing, the use by the person being supervised of the apparatus in respect of which the supervision is required.qualified person means a person who satisfies the requirements of subclause (1) (a) and (b).cl 8A: Ins 2007 (444), Sch 1 [1].
9 Exemptions from section 7 registration requirements for certain sealed source devices
The sealed source devices specified in Schedule 3A are exempt from the application of section 7 of the Act.cl 9: Subst 2004 No 55, Sch 1.24 [1].
10 Registration of certain radiation apparatus
For the purposes of section 7 (1) (b) of the Act, the following kinds of radiation apparatus are prescribed as apparatus to which section 7 applies:(a) any ionising radiation apparatus used or intended to be used for any medical diagnostic, veterinary diagnostic or dental diagnostic purpose,(b) any ionising radiation apparatus used or intended to be used for radiotherapy or radiotherapy planning purposes,(c) any cyclotron.
11 Requirements for registration of radiation apparatus
For the purposes of section 7 (5) of the Act, the applicable requirements for registration of ionising radiation apparatus of a type specified in Column 1 of the table to this clause are the requirements specified opposite that type in Column 2 of the table.
11A Exemption from requirement for premises to be registered under section 8
An occupier of premises is exempt from the requirement for the premises to be registered under section 8 of the Act in relation to the keeping or use at the premises of any of the kinds of radioactive substances specified in Schedule 3B.cl 11A: Ins 25.6.2004.
11B Exemptions by Minister in emergencies
(1) The Minister is authorised to grant to any person or class of persons an exemption from compliance with section 6 or 7 of the Act in an emergency situation (for example, a situation resulting from a malicious act or a threatened malicious act involving radioactive sources).(2) An exemption:(a) is effected by order made by the Minister, and(b) takes effect when the order is made or on a later date specified in the order.(3) An order is to be published in the Gazette as soon as practicable after it is made.(4) An exemption may be unconditional or may be subject to conditions specified in the order.Note—Section 39 (2) and (3) of the Act make further provision with respect to the Minister’s granting of exemptions.cl 11B: Ins 2007 (444), Sch 1 [2].
12 Consulting radiation experts
(1) For the purposes of section 9 (1) of the Act, the following activities are prescribed as the activities of a consulting radiation expert:(a) advising on the design of premises to be registered under section 8 of the Act in relation to radiation safety requirements,(b) assessing plans for premises to be registered under section 8 of the Act in relation to radiation safety requirements for the purpose of certifying compliance with the requirements necessary for registration,(c) measuring and assessing radiation doses from ionising radiation apparatus used for medical therapy,(d) measuring and assessing radiation doses from ionising radiation apparatus used for diagnostic purposes,(e) advising on the design of premises, in relation to radiation safety requirements, in which sealed source devices or radiation apparatus prescribed under section 7 (1) of the Act are kept or used,(f) assessing plans for premises in which sealed source devices or radiation apparatus prescribed under section 7 (1) of the Act are kept or used, for the purpose of certifying compliance with any requirements for registration under section 7 (5) of the Act,(g) assessing radiation apparatus, sealed source devices and premises that are required to be registered under section 7 or 8 of the Act for the purpose of certifying compliance with the requirements for registration,(h) assessing the integrity of any shielding of premises in which sealed source devices or radiation apparatus prescribed under section 7 (1) of the Act are kept or used for purposes of certifying compliance with the requirements for registration.(2) Authorised officers are exempt from the provisions of section 9 (1) of the Act.cl 12: Am 25.6.2004; 2004 No 55, Sch 1.24 [2].
13 Fees
(1) The following fees are prescribed for the purposes of the Act and this Regulation:
Part 3 Radiation safety
Division 1 Radiation safety in the workplace
14 Duty to comply with dose limits
An employer must ensure that each occupationally exposed person in his or her employ is not exposed to ionising radiation that exceeds the dose limits set out in Schedule 2.Maximum penalty: 100 penalty units.
15 Duty to inform occupationally exposed persons
An employer must ensure that each occupationally exposed person in his or her employ is made aware of, and kept informed of any changes in, the following particulars:(a) the hazards that can arise in connection with the use of radioactive substances and radiation apparatus,(b) the safety arrangements that exist to protect persons from such hazards and of the steps that the person must take in order to minimise the likelihood that such a hazard will arise,(c) the name of the radiation safety officer or other person to whom the person should refer in connection with any matters relating to the use of radioactive substances and radiation apparatus.Maximum penalty: 25 penalty units.
16 Radiation safety manual
(1) The Director-General may, by notice in writing served on an employer, direct the employer:(a) to prepare or adopt a radiation safety manual, andwithin such time as is specified in the direction.(b) to submit a copy of the manual to the Authority for approval,(2) An employer must not fail to comply with such a direction.Maximum penalty: 25 penalty units.(3) An employer whose radiation safety manual has been approved by the Authority:(a) must ensure that a copy of the manual is available to all occupationally exposed persons employed by the employer, and(b) must take all reasonable steps to ensure that the procedures set out in the manual with respect to the use of radioactive substances and radiation apparatus are followed by all persons in his or her employ.Maximum penalty: 25 penalty units.(4) A radiation safety manual is not to be approved by the Authority unless it conforms to the document adopted by the Authority and entitled Guideline: Preparation of Radiation Safety Manuals, a copy of which is deposited in the offices of the Authority.
Division 2 Radiation monitoring
17 Personal monitoring devices
(1) An employer must provide all occupationally exposed persons in his or her employ who are involved in the use of ionising radiation for any one or more of the following purposes with appropriate approved personal monitoring devices for detecting and measuring cumulative exposure to ionising radiation:(a) radiotherapy,(b) industrial radiography,(c) nuclear medicine,(d) scientific research in laboratories classified as medium or high level laboratories (within the meaning of Part 4 of AS 2243.4–1998, Safety in laboratories—Ionizing radiations, published by Standards Australia, as in force from time to time) where radioactive substances that are not contained in sealed source devices are used,(e) diagnostic radiology (other than dentistry, veterinary and chiropractic applications),(f) neutron based detection, analysis and gauging (but only when used in bore-hole logging),(g) servicing of ionising radiation apparatus or devices containing radioactive substances.Maximum penalty: 50 penalty units.(2) An occupationally exposed person to whom an approved monitoring device has been provided in accordance with this clause must wear the device while involved in the use of ionising radiation in the course of the person’s employment.Maximum penalty: 25 penalty units.(3) The Director-General may impose conditions on the approval of a personal monitoring device referred to in this clause.cl 17: Am 2004 No 55, Sch 1.24 [3]; 2007 (444), Sch 1 [5]–[8].
18 Personal radiation exposure record
(1) An employer must ensure that, for each occupationally exposed person to whom a personal monitoring device is issued, a record is kept, in accordance with this clause and on an appropriate periodic basis:(a) of the amount of radiation to which the person has been exposed, as measured by the device, and(b) of the results of any tests carried out or caused to be carried out by the employer in relation to the person for the purpose of determining the amount of radiation to which the person has been exposed.Maximum penalty: 25 penalty units.(2) Such a record must contain the following particulars:(a) the full name, sex and date of birth of the occupationally exposed person,(b) the current home address of the occupationally exposed person or, if the person is no longer employed by the employer, the person’s last known home address,(c) the date of commencement of employment (and, if applicable, the date of cessation of employment) as an occupationally exposed person,(d) the kind of work performed by the occupationally exposed person,(e) details of the types of ionising radiation to which the occupationally exposed person may have been exposed in the course of employment with the employer, including information about radioactive substances in unsealed form (if any) to which the occupationally exposed person may have been exposed,(f) details of any radiation accidents in which the person has been involved or by which the person may have been affected,(g) details of the personal monitoring device worn by the occupationally exposed person,(h) the results of monitoring the levels of radiation exposure of the occupationally exposed person.(3) When an employee leaves an employer’s employment, the employer:(a) must cause a copy of the radiation exposure records relating to the employee to be given to the employee, and(b) if the employee is taking up employment as an occupationally exposed person with another employer and if the employee requests, must cause a further copy of those records to be given to the other employer.Maximum penalty: 25 penalty units.(4) An employer must ensure that a warning in the following terms accompanies a copy of the radiation exposure records given to an employee by the employer in accordance with subclause (3):THESE RECORDS SHOULD BE KEPT SAFELY AND PERMANENTLY AND BE GIVEN TO ANY FUTURE EMPLOYER EMPLOYING YOU AS A RADIATION WORKER.Maximum penalty: 25 penalty units.(5) An employer by whom records are required to be kept must ensure that the records are available for inspection by the person to whom they relate at reasonable times during normal working hours.Maximum penalty: 25 penalty units.
19 Area monitoring devices
(1) The Director-General may, by notice in writing served on an employer, direct the employer to take specified action with respect to the monitoring of radiation on specified premises.(2) In particular, such a direction may require the employer to ensure that specified premises are equipped with approved monitoring devices for the purpose of monitoring the presence and level of radiation on the premises.(3) The Director-General may impose conditions on the approval of a monitoring device referred to in this clause.(4) An employer must not contravene a direction in force under this clause.Maximum penalty: 25 penalty units.(5) An employer must ensure that, for each monitoring device with which premises are equipped for the purposes of this clause, a record is kept of the following particulars:(a) the date on which the device was acquired,(b) the date of each occasion on which the device was repaired and the details of the repairs,(c) the date on which the device was last calibrated.Maximum penalty: 25 penalty units.cl 19: Am 25.6.2004.
20 Maintenance of monitoring devices
An employer must ensure that all monitoring devices that are issued or installed by the employer in accordance with the requirements of this Division are checked, maintained and calibrated in accordance with the document entitled Guideline: Monitoring Devices, a copy of which is deposited in the offices of the Authority.Maximum penalty: 50 penalty units.
21 (Repealed)
cl 21: Rep 25.6.2004.
Division 3 Voluntary exposure to radiation for scientific or research purposes
22 Voluntary exposure to radiation for scientific or research purposes
A person must not expose any other person to ionising radiation for scientific or research purposes except in accordance with the document published by the Australian Radiation Protection and Nuclear Safety Agency entitled Administration of Ionizing Radiation to Human Subjects in Medical Research, as in force from time to time.Maximum penalty: 50 penalty units.
Division 4 Disposal, discharge and transport of radioactive substances and radiation apparatus
pt 3, div 4, hdg: Am 25.6.2004.
23 Disposal of radioactive substances and radiation apparatus
(1) A person must not dispose of any radioactive substance or any radiation apparatus except with the consent of the Director-General.Maximum penalty: 100 penalty units.(2) A person must not dispose of any radiation apparatus unless the apparatus has been rendered permanently inoperable.Maximum penalty: 100 penalty units.(3) The consent of the Director-General may be given generally or in a particular case and may be subject to such conditions as the Director-General thinks fit to impose.
24 Records to be kept of discharge of radioactive substances
(1) The occupier of any premises on which radioactive substances are kept must maintain a record, in accordance with this clause, of all radioactive substances discharged from the premises.Maximum penalty: 100 penalty units.(2) The record must include the following information:(a) the type of radioactive substances discharged,(b) an estimate of the total activity of the radioactive substances discharged,(c) the manner in which the radioactive substances were discharged,(d) the date on which the radioactive substances were discharged.
25 Transport of radioactive substances
A person must not cause any radioactive substance to be transported otherwise than in accordance with the requirements of the document published by the Australian Radiation Protection and Nuclear Safety Agency entitled Code of Practice for the Safe Transport of Radioactive Material, as in force from time to time.Maximum penalty: 100 penalty units.
Division 5 Radiation accidents
26 Certain occurrences are taken to be radiation accidents
(1) For the purposes of this Regulation, a radiation accident is to be treated as having occurred if there is an occurrence that involves the unplanned or unexpected emission of radiation (including spillage or leakage of a radioactive substance or damage to radiation apparatus) and that is of such a nature or extent that it is likely:(a) that one or more persons have, or could have, received an effective dose of radiation equal to or in excess of:(i) 5 millisieverts, in the case of an occupationally exposed person, or(ii) 1 millisievert, in any other case, or(b) that premises or the environment may have become contaminated within the meaning of section 21 of the Act.(2) For the purposes of this Regulation, a radiation accident is to be treated as having occurred if there is an occurrence that involves the misuse of radiation apparatus or maladministration of a radioactive substance used for medical purposes, including any of the following:(a) the administration of a radioactive substance for diagnostic purposes in a quantity of more than 50 per cent more than that prescribed,(b) the administration of a radioactive substance for therapeutic purposes at an activity differing by more than 15 per cent from that prescribed,(c) administration of a therapeutic dose of radiation from radiation apparatus or a sealed source device which differs from the total prescribed treatment dose by more than 10 per cent,(d) the unintended administration of radiation as a result of a malfunction of radiation apparatus,(e) administration of a radiopharmaceutical otherwise than as prescribed.cl 26: Am 25.6.2004; 2004 No 55, Sch 1.24 [4]; 2007 (444), Sch 1 [9].
27 Duty to report and investigate apparent radiation accidents
(1) An employer must give written notice to the Director-General of the particulars:(a) specified in subclause (2) (a)–(d) within 48 hours of becoming aware of an apparent radiation accident, and(b) specified in subclause (2) (e) within 10 days of becoming aware of an apparent radiation accident.Maximum penalty: 25 penalty units.(2) The notice must contain the following particulars:(a) particulars of the accident indicating, as far as is possible, the place where it occurred and the period during which emission of radiation was uncontrolled,(b) particulars of the area over which any radioactive substances may have been dispersed,(c) particulars of any steps taken to rectify the accident,(d) particulars of any personal injury or exposure that may have resulted,(e) particulars of any assessment of the radiation dose to which any person may have been exposed as a result of the accident.
28 Record of accidents
(1) An employer must maintain a record, in accordance with this clause, of all radiation accidents.Maximum penalty: 25 penalty units.(2) Such a record must, for each radiation accident that is reported to the employer, contain the following particulars:(a) particulars of the accident indicating, as far as is possible, the place where it occurred and the period during which emission of radiation was uncontrolled,(b) the name of any occupationally exposed person or other person who was there during that period,(c) an estimate of the radiation dose to which any person may have been exposed,(d) details and results of any medical examinations undertaken as a result of the accident,(e) particulars of the area over which any radioactive substances may have been dispersed,(f) particulars of any steps taken to rectify the accident,(g) the time at which the accident was reported to the employer,(h) the probable cause of the accident,(i) particulars of any investigations conducted into the accident, together with the results of the investigations,(j) details of any steps taken to reduce the risk of a similar accident occurring in the future.
29 Faults or defects
(1) An employer, on becoming aware that a fault may exist in any radiation apparatus:(a) must investigate the apparent fault and, if necessary, cause the apparatus to be removed, replaced or repaired, and(b) must inform all persons who may have been exposed to radiation in quantities in excess of those that would normally be received from the apparatus in faultless condition that they may have been so exposed.Maximum penalty: 50 penalty units.(2) An employer, on becoming aware that a fault or defect may exist in any sealed source device:(a) must investigate the apparent fault or defect and, if necessary, cause the sealed source device to be removed, replaced or repaired, and(b) must inform all persons who may have been exposed to radiation in quantities in excess of those that would normally be received from the sealed source device in faultless condition that they may have been so exposed.Maximum penalty: 50 penalty units.cl 29: Am 2004 No 56, Sch 1.24 [5].
Part 4 Radiation safety officers and committees
30 Appointment of radiation safety officers and committees
(1) The Director-General may, by notice in writing served on an employer:(a) direct the employer to appoint a radiation safety officer or a radiation safety committee, or both, for a workplace, and(b) in the case of a direction to appoint a radiation safety officer, determine the qualifications to be held by a person so appointed, and(c) direct what functions are to be exercised by a radiation safety officer or radiation safety committee so appointed.(2) An employer:(a) must not fail to appoint a radiation safety officer or a radiation safety committee, or both, in accordance with a direction under this clause, and(b) must not allow the functions of the radiation safety officer or radiation safety committee to be exercised otherwise than by the officer or the committee, as the case requires.Maximum penalty: 25 penalty units.
Part 5 Miscellaneous
31 Destruction or disposal of records
(1) An employer must not destroy or otherwise dispose of any records required to be kept under this Regulation otherwise than in accordance with this clause.Maximum penalty: 25 penalty units.(2) An employer may, with the consent of the Director-General, destroy or otherwise dispose of any records that the employer is required by this Regulation to keep.(3) The Director-General is not to give consent to the destruction of any records kept under clause 18 by an employer until at least 5 years after the cessation of employment with the employer of the employee concerned.(4) An employer may forward to the Director-General the records kept under this Regulation by the employer if the employer ceases to carry on business in New South Wales.(5) The Director-General may dispose of any records forwarded to or kept by the Director-General in accordance with this Regulation.
32 Contamination of premises by radioactivity: section 21
(1) For the purposes of section 21 (4) of the Act, the prescribed level of activity for premises inside a building is:(a) 0.04 becquerels per square centimetre for any Group 1 or Group 2 radioactive substance that emits alpha radiation, or(b) 0.4 becquerels per square centimetre for any Group 3 or Group 4 radioactive substance that emits alpha radiation, or(c) 0.4 becquerels per square centimetre for any radioactive substance that emits beta or gamma radiation.(2) For the purposes of section 21 (4) of the Act, the prescribed level of activity for premises outside a building is:(a) 0.01 becquerels per square centimetre for any Group 1 radioactive substance, or(b) 0.1 becquerels per square centimetre for any Group 2 radioactive substance, or(c) 1.0 becquerels per square centimetre for any Group 3 radioactive substance, or(d) 10.0 becquerels per square centimetre for any Group 4 radioactive substance.
33 Loss or theft of radioactive substance or radiation apparatus
(1) If any radioactive substance, or any radiation apparatus registered under section 7 of the Act, is lost or stolen:(a) the person who is the owner of the substance or apparatus, andmust cause notice of the loss or theft to be given to the Director-General as soon as possible (but in any event, no later than 3 days) after the person becomes aware of the loss or theft.(b) any other person who is the holder of a licence and is employed to use, or to supervise the use of, the substance or apparatus,Maximum penalty: 100 penalty units.(2) Notice does not have to be given by any one of those persons if notice has already been given by any other of those persons.
34 Penalty notice offences
For the purposes of section 25A of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 4 is declared to be a penalty notice offence, and(b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 4.
35 Forfeiture of property: sections 26 and 27
(1) An application made by or on behalf of the Authority for the purposes of section 26 (2) of the Act is to be in writing.(2) A notice referred to in section 27 (1) (b) of the Act is to be in writing addressed to the owner of the substance or thing concerned at that person’s address last known to the Authority.
36 Warning signs
The occupier of any premises in or on which any radiation apparatus or radioactive substance, not specified in Schedule 3, is kept must ensure that a warning sign in or to the effect of the form set out in Schedule 5 (with colouring as indicated in the note to that Schedule) is conspicuously displayed in the immediate vicinity of the apparatus or substance.Maximum penalty: 25 penalty units.
37 Savings provision
Any act, matter or thing that, immediately before the repeal of the Radiation Control Regulation 1993, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Prescribed activity of a radioactive substance
(Clause 3 (2))
Column 1 | Column 2 | |||||||
Group 1 | ||||||||
Ac227 | Am241 | Am243 | Cf249 | Cf250 | Cf252 | Cm242 | Cm243 | 40 kilo-becquerels |
Cm244 | Cm245 | Cm246 | Np237 | Pa231 | Pb210 | Po210 | Pu238 | |
Pu239 | Pu240 | Pu241 | Pu242 | Ra223 | Ra226 | Ra228 | Th227 | |
Th228 | Th230 | U230 | U232 | U233 | U234 | |||
Any alpha emitting radionuclide that is not included in any other Group in this Schedule | ||||||||
Column 1 | Column 2 | |||||||
Group 2 | ||||||||
Ac228 | Ag110m | At211 | Ba140 | Bi207 | Bi210 | Bk249 | Ca45 | 400 kilo-becquerels |
Cd115m | Ce144 | C136 | Co56 | Co60 | Cs134 | Cs137 | Eu152 | |
Eu154 | Ge68 | Hf181 | I124 | I125 | I126 | I131 | I133 | |
In114m | Ir192 | Mn54 | Na22 | Pa230 | Pb212 | Ra224 | Ru106 | |
Sb124 | Sb125 | Sc46 | Sr89 | Sr90 | Ta182 | Tb160 | Te127m | |
Te129m | Th234 | T1204 | Tm170 | U236 | Y91 | Zr95 | ||
Any radionuclide that is not alpha emitting and is not included in any other Group in this Schedule | ||||||||
Column 1 | Column 2 | |||||||
Group 3 | ||||||||
Ag105 | Ag111 | Ar41 | As73 | As74 | As76 | As77 | Au196 | 4 mega-becquerels |
Au198 | Au199 | Ba131 | Ba133 | Be7 | Bi206 | Bi212 | Br75 | |
Br76 | Br82 | C14 | Ca47 | Cd109 | Cd115 | Ce141 | Ce143 | |
Cl38 | Co57 | Co58 | Cr51 | Cs129 | Cs131 | Cs136 | Cu64 | |
Cu67 | Dy165 | Dy166 | Er161 | Er169 | Er171 | Eu152m | Eu155 | |
F18 | Fe52 | Fe55 | Fe59 | Ga67 | Ga68 | Ga72 | Gd153 | |
Gd159 | Hf175 | Hg195m | Hg197 | Hg197m | Hg203 | Ho166 | I123 | |
I130 | I132 | I134 | I135 | In111 | In115 | In115m | Ir190 | |
Ir194 | K42 | K43 | Kr85m | Kr87 | La140 | Lu177 | Mg28 | |
Mn52 | Mn56 | Mo99 | Na24 | Nb93m | Nb95 | Nd147 | Nd149 | |
Ni63 | Ni65 | Np239 | Os185 | Os191 | Os193 | P32 | Pa233 | |
Pb203 | Pd103 | Pd109 | Pm147 | Pm149 | Pr142 | Pr143 | Pt191 | |
Pt193 | Pt197 | Rb81 | Rb86 | Re183 | Re186 | Re188 | Rh105 | |
Rn220 | Rn222 | Ru103 | Ru105 | Ru97 | S35 | Sb122 | Sc47 | |
Sc48 | Se75 | Si31 | Sm151 | Sm153 | Sn113 | Sn121 | Sn125 | |
Sr85 | Sr91 | Sr92 | Tc96 | Tc97 | Tc97m | Tc99 | Te125m | |
Te127 | Te129 | Te131m | Te132 | Th231 | Tl200 | Tl201 | Tl202 | |
Tm171 | U239 | V48 | W181 | W185 | W187 | Xe135 | Y87 | |
Y90 | Y92 | Y93 | Yb175 | Zn62 | Zn65 | Zn69m | Zr97 |
Column 1 | Column 2 | |||||||
Group 4 | ||||||||
Ar37 | C11 | Co58m | Cs134m | Cs135 | Cu62 | Ga68 | Ge71 | 40 mega-becquerels |
H3 | I129 | In113m | Kr81m | Kr85 | N13 | Nb97 | Ni59 | |
O15 | Os191m | Pt193m | Pt197m | Rb87 | Re187 | Rh103m | Se73 | |
Sm147 | Sr85m | Sr87m | Tc96m | Tc99m | Th nat | Th232 | U nat | |
U235 | U238 | Xe131m | Xe133 | Y91m | Zn69 | Zr93 |
Schedule 2 Dose limits for exposure to ionising radiation
(Clauses 6 and 14)
Application | Dose limit | Dose limit |
Occupationally exposed person | Member of public (other than patient) | |
Effective dose | 20 mSv per year averaged over a period of 5 consecutive calendar years4, 5, 6 | 1 mSv in a year7 |
Equivalent dose to: | ||
(a) lens of the eye | 150 mSv in a year | 15 mSv in a year |
(b) skin8 | 500 mSv in a year | 50 mSv in a year |
(c) the hands and feet | 500 mSv in a year | No limit specified |
Note 1—
The limits apply to the sum of the relevant doses from external exposure in the specified period and the committed dose from intakes in the same period. In this Note, committed dose means the dose of radiation, arising from the intake of radioactive material, accumulated by the body over 50 years following the intake (except in the case of intakes by children, where it is the dose accumulated until the age of 70).
Note 2—
Any dose resulting from medical diagnosis or treatment should not be taken into account.
Note 3—
Any dose attributable to normal naturally occurring background levels of radiation should not be taken into account.
Note 4—
With the further provision that the effective dose must not exceed 50mSv in any single year.
Note 5—
When a female employee declares a pregnancy, the embryo or foetus should be afforded the same level of protection as required for members of the public.
Note 6—
When, in exceptional circumstances, a temporary change in the dose limitation requirements is approved by the Authority, one only of the following conditions applies:
(a) the effective dose limit must not exceed 50mSv per year for the period, that must not exceed 5 years, for which the temporary change is approved,
(b) the period for which the 20mSv per year average applies must not exceed 10 consecutive years and the effective dose must not exceed 50mSv in any single year.
Note 7—
In special circumstances, a higher value of effective dose could be allowed in a single year, provided that the average over 5 years does not exceed 1mSv per year.
Note 8—
The equivalent dose limit for the skin applies to the dose averaged over any 1 square centimetre of skin, regardless of the total area exposed.
sch 2, note: Am 2003 No 82, Sch 2.26.
Schedule 3 Exemptions from licensing
(Clause 7)
Part 1 Exemptions from licensing for use of radioactive substances
1 | (Repealed) |
2 | Sealed source devices used for radiation gauging installed in fixed positions |
3 | Americium 241 in industrial smoke detectors that do not contain any other radioactive substance |
4 | Self-shielded irradiators (that is, gamma irradiators in which the radioactive substance is completely enclosed in a dry container constructed of solid material that shields the radioactive substance) |
Part 2 Exemptions from licensing for possession, use or sale of radioactive substances
1 | Radioactive substances in luminous dials on any devices, including on clocks and watches |
2 | Gaseous tritium in luminous devices, including in self luminous “EXIT” signs |
3 | Radioactive substances used in nuclear medicine for checking gamma cameras and dose calibrators and having a level of activity of less than 40 megabecquerels |
4 | Radioactive substances used as laboratory reference sources and having a level of activity of less than 40 megabecquerels |
5 | Radioactive substances for demonstration, teaching or training having a level of activity of less than 40 megabecquerels |
6 | Uranium metal of natural isotopic composition, or depleted in uranium 235, which is used as radiation shielding in transport packages for radioactive substances or is used in any other manner |
7 | Radioactive substances in gas chromatography detectors |
8 | Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels |
Part 3 Exemptions from licensing for use of ionising radiation apparatus
1 | X-ray baggage inspection apparatus |
2 | Cabinet x-ray inspection apparatus |
3 | Enclosed x-ray diffraction, absorption and fluorescence analysers that comply with the requirements for enclosed units as defined in the document published by the National Health and Medical Research Council entitled Code of practice for protection against ionizing radiation emitted from X-ray analysis equipment (or as defined in any document replacing that document that is published by the Australian Radiation Protection and Nuclear Safety Agency) |
4 | X-ray apparatus used for radiation gauging and installed in a fixed position |
Part 4 Exemptions from licensing for possession, use or sale of ionising radiation apparatus
1 | Television receivers |
2 | Visual display units |
3 | Cold cathode gas discharge tubes |
4 | Electron microscopes |
sch 3: Am 25.6.2004; 2004 No 55, Sch 1.24 [6]; 2007 (444), Sch 1 [10]–[13].
Schedule 3A Exemptions from application of section 7 of the Act
(Clause 9)
1 | Gas chromatography detectors |
2 | Enclosed x-ray diffraction, absorption and fluorescence analysers that comply with the requirements for enclosed units as defined in the document published by the National Health and Medical Research Council entitled Code of practice for protection against ionizing radiation emitted from X-ray analysis equipment (or as defined in any document replacing that document that is published by the Australian Radiation Protection and Nuclear Safety Agency) |
3 | A device that contains a sealed radioactive source used only as a laboratory reference source, having a level of activity of less than 40 megabecquerels |
sch 3A: Ins 2004 No 55, Sch 1.24 [7]. Am 2007 (444), Sch 1 [14].
Schedule 3B Exemptions from application of section 8 of the Act
(Clause 11A)
1 | Americium 241 in industrial smoke detectors that do not contain any other radioactive substance |
2 | Radioactive substances in luminous dials on any devices, including on clocks and watches |
3 | Gaseous tritium in luminous devices, including in self luminous “EXIT” signs |
4 | Radioactive substances used in nuclear medicine for checking gamma cameras and dose calibrators and having a level of activity of less than 40 megabecquerels |
5 | Radioactive substances used as laboratory reference sources and having a level of activity of less than 40 megabecquerels |
6 | Radioactive substances for demonstration, teaching or training having a level of activity of less than 40 megabecquerels |
7 | Uranium metal of natural isotopic composition, or depleted in uranium 235, which is used as radiation shielding in transport packages for radioactive substances or is used in any other manner |
8 | Radioactive substances used as static eliminators and having a level of activity of less than 40 megabecquerels |
sch 3B: Ins 25.6.2004. Am 2007 (444), Sch 1 [15].
Schedule 4 Penalty notice offences
(Clause 34)
Column 1 | Column 2 |
Provision | Penalty |
Offences under the Act | |
Section 6 (2) | $1500 for a corporation $750 for an individual |
Section 6 (3) | $1500 for a corporation $750 for an individual |
Section 7 (2) | $1500 for a corporation $750 for an individual |
Section 7 (3) | $1500 for a corporation $750 for an individual |
Section 8 (1) | $1500 for a corporation $750 for an individual |
Section 8 (2) | $1500 for a corporation $750 for an individual |
Section 9 (1) | $500 |
Section 13 (6) | $100 |
Section 18 (4) | $1000 |
Offences under this Regulation | |
Clause 8 (5) | $250 |
Clause 8 (6) | $250 |
Clause 14 | $1000 |
Clause 15 | $250 |
Clause 16 (2) | $250 |
Clause 16 (3) (a) | $250 |
Clause 16 (3) (b) | $250 |
Clause 17 (1) | $500 |
Clause 17 (2) | $250 |
Clause 18 (1) | $250 |
Clause 18 (3) (a) | $250 |
Clause 18 (3) (b) | $250 |
Clause 18 (4) | $250 |
Clause 18 (5) | $250 |
Clause 19 (4) | $250 |
Clause 19 (5) | $250 |
Clause 20 | $500 |
Clause 22 | $500 |
Clause 23 (1) | $1000 |
Clause 23 (2) | $1000 |
Clause 24 (1) | $1000 |
Clause 25 | $1000 |
Clause 27 (1) | $250 |
Clause 28 (1) | $250 |
Clause 29 (1) (a) | $500 |
Clause 29 (1) (b) | $500 |
Clause 29 (2) (a) | $500 |
Clause 29 (2) (b) | $500 |
Clause 30 (2) (a) | $250 |
Clause 30 (2) (b) | $250 |
Clause 31 (1) | $250 |
Clause 33 (1) | $1000 |
Clause 36 | $250 |
sch 4: Am 25.6.2004.
Schedule 5 Prescribed warning sign
(Clause 36)
%20AND%20(No%3D0615)%20AND%20(Year%3D2003)%20AND%20(%22Historical%20Document%22%3D%222007-09-07%22))/g3.gif)
Note—
The sign is to have a yellow background with the distinctive symbol in black and the lettering “CAUTION RADIATION” in black.