Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 271

STATUTORY RULES 2001 No. 271

Issued by the Authority of the Parliamentary Secretary to the Minister for Health and Aged Care

Australian Radiation Protection and Nuclear Safety Act 1998

Australian Radiation Protection and Nuclear Safety Amendment Regulations 2001 (No. 1)

The Australian Radiation Protection and Nuclear Safety Act 1998 (the Act) prescribes a licensing scheme for regulating the activities of Commonwealth Entities and Commonwealth Contractors in relation to Controlled Apparatus, Controlled Material and Controlled Facilities.

Subsection 85(1) of the Australian Radiation Protection and Nuclear Safety Act 1998 (the Act) provides that the Governor-General may make regulations prescribing, among other things, matters required or permitted by the Act and matters necessary or convenient for carrying out or giving effect to the Act.

Section 83 of the Act provides that if a law of a State or Territory, or one or more provisions of such a law, is prescribed by the regulations, that law or provision does not apply in relation to an activity of a Controlled Person in relation to a Controlled Apparatus, Controlled Material or a Controlled Facility.

To undertake one or more of the activities described in paragraphs 30(1)(a)-(e) of the Act in relation to Controlled Facilities or to deal with Controlled Material or Controlled Apparatus, the Act requires a Controlled Person to first obtain a licence from the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (the CEO of ARPANSA).

A licence is subject to conditions set down in the Australian Radiation Protection and Nuclear Safety Regulations 1999 (the ARPANS Regulations) and others imposed by the CEO of ARPANSA.

Sub-regulation 48 and paragraph 48(3)(c) of the ARPANS Regulations currently require licence holders to comply with the Code of Practice for the Safe Transport of Radioactive Substances.

The purpose of the regulations is to adopt as a licence condition, compliance with the Code of Practice for the Safe Transport of Radioactive Material in place of the current Code of Practice for the Safe Transport of Radioactive Substances and to prescribe State and Territory laws dealing with licencing and regulation in the field of radiation protection that will not apply to Commonwealth Entities and Commonwealth Contractors (to the extent that their activities fall within the Act).

The Regulations will:

•       provide that the Code of Practice for the Safe Transport of Radioactive Material be adopted under the ARPANS Regulations because:

(a)       it promotes a higher level of radiation protection safety than exists in the Code of Practice for the Safe Transport of Radioactive Substances; and

(b)       brings the Commonwealth jurisdiction into line with overseas jurisdictions which will facilitate safe and efficient trade of radioactive materials.

•       prescribe State and Territory licensing and regulatory laws in the field of radiation protection so that they do not apply to Commonwealth Entities and Commonwealth Contractors because:

(a)       the Act provides a comprehensive licensing and regulatory scheme for these parties; and

(b)       Commonwealth Entities and Commonwealth Contractors should not be subject to the burden of dual licensing and regulation in the field of radiation protection.

State and Territory radiation protection agencies were consulted at the time the Act was drafted. The States and Territories recognised that Commonwealth Entities and Commonwealth Contractors should not be subject to licensing and regulation by both the Commonwealth and themselves. State and Territory radiation protection agencies have been advised of the Commonwealth's intention to make the proposed regulations.

Details of the Regulations are in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

Regulation 1 of the Regulations states that the title of the Regulations is the Australian Radiation Protection and Nuclear Safety Amendment Regulations 2001 (No. 1).

Regulation 2 of the Regulations states that Regulations commence on gazettal.

Regulation 3 of the Regulations states that Schedule 1 to the Regulations amends the Australian Radiation Protection and Nuclear Safety Regulations 1999.

Schedule 1

Item 1 in the Regulations prescribes the State and Territory laws set out in Schedule 6 of the Regulations for the purposes of Section 83 of the Act.

Item 2 in the Regulations omits Code of Practice for the Safe Transport of Radioactive Substances and inserts Code of Practice for the Safe Transport of Radioactive Material in Schedule 2, Part 1, item 4, column, paragraph (c).

Item 3 in the Regulations inserts Schedule 6 that contains the following State and Territory laws: Division 2AA of Part 5 of the Health Act 1958 (Vic), the Radiation Protection And Control Act 1982 (SA), Radiation Safety Act 1975 (WA), Radiation Safety Act 1999 (Qld), Radiation Control Act 1990 (NSW), Radiation (Safety Control) Act (NT), Radiation Act 1983 (ACT) and Radiation Control Act 1977 (Tas) prescribed for the purposes of Section 83 of the Act by proposed regulation 65A.

Item 4 in the Regulations inserts a definition for the term Code of Practice for the Safe Transport of Radioactive Material being `the document of that title published in September 2001 by the CEO of the Australian Radiation Protection and Nuclear Safety Agency'.

Item 5 in the Regulations omits the references to Code of Practice for the Safe Transport of Radioactive Substances and inserts Code of Practice for the Safe Transport of Radioactive Material in paragraphs 48(2)(b), 48(3)(c) and 62A(2)(c) and Schedule 2, Part 1, item 4, column 2, paragraph (c).