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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Radiation Control Amendment Bill 2023
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Radiation Control Act 1990 No 13 3
Schedule 2 Amendment of other legislation 12
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2023
New South Wales
Radiation Control Amendment Bill 2023
Act No , 2023
An Act to amend the Radiation Control Act 1990 to give effect to recommendations arising from
the statutory review of the Act; and for related purposes.
Radiation Control Amendment Bill 2023 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Radiation Control Amendment Act 2023.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[5]-[7]--on the day that is 6 months after the date of assent to
this Act,
(b) for Schedule 1[21]-[24] and [30]-[32]--on a day or days to be appointed by
proclamation,
(c) otherwise--on the date of assent to this Act.
Page 2
Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[1] Section 1 Name of Act
Omit "Radiation Control". Insert instead "Protection from Harmful Radiation".
[2] Section 3 Objects of Act
Insert after section 3(1)(c)--
(d) to promote the ecologically sustainable development principles.
[3] Section 3(4) and (5)
Insert after section 3(3)--
(4) A person must take the ecologically sustainable development principles into
consideration when exercising functions under this Act or a licence.
(5) In this section--
ecologically sustainable development principles means the principles and
programs described in the Protection of the Environment Administration Act
1991, section 6(2).
[4] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
the Act means the Protection from Harmful Radiation Act 1990.
[5] Section 6 Radiation management licences
Insert ", consigning for transport, disposing of" after "selling" in section 6(1)(b).
[6] Section 6(6)
Insert ", consigned for transport, disposed of" after "possessed".
[7] Section 6(7)
Insert after section 6(6)--
(7) In this section--
consign has the same meaning as in the Dangerous Goods (Road and Rail
Transport) Act 2008.
[8] Section 13B Conditions generally
Insert before section 13B(1)--
(1A) A licence or accreditation is subject to the following conditions--
(a) conditions prescribed by this Act or the regulations,
(b) conditions imposed on the licence or accreditation by the Authority.
[9] Section 13B(1)
Omit "under this Part" from section 13B(1).
Insert instead "on a licence or accreditation".
[10] Section 13B(2)
Omit "under this Part". Insert instead "by the Authority".
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Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[11] Section 13B(2)(a)
Insert ", including about the consigning for transport, and disposing of, regulated material"
after "regulated material".
[12] Section 13C, heading
Insert "and accreditations" after "licences".
[13] Section 13C(1)
Insert "and accreditations" after "licences".
[14] Section 13C(2)
Omit "each licence". Insert instead "each licence and accreditation".
[15] Section 13C(2)(a)-(d)
Insert "or accreditation" after "the licence" wherever occurring.
[16] Section 13C(3)
Omit "any licence". Insert instead "a licence or accreditation".
[17] Section 14 Preparation of security plans
Omit section 14(1)(b). Insert instead--
(b) if the source will be transported in New South Wales--the security of
the source during transport (a source transport security plan), whether
or not the transportation of the source originates from within New South
Wales.
[18] Section 14(6)(c)
Insert "by the person responsible for the security enhanced source" after "reviewed".
[19] Section 14(6)(c1)
Insert after section 14(6)(c)--
(c1) is reviewed and endorsed by a radiation security assessor no later than
every 5 years from the date on which the plan was first endorsed under
subsection (4), and
[20] Section 14(6A)
Insert after section 14(6)--
(6A) A radiation security assessor must not endorse a security plan under subsection
(6)(c1) unless the assessor is satisfied the plan meets the requirements of this
section.
[21] Section 23B Additional orders
Insert after section 23B(1)(f)--
(g) if the court is satisfied the Authority has reasonably incurred costs and
expenses during the investigation of an offence--order the offender to
pay to the Authority an amount--
(i) specified in the order, and
(ii) representing the costs and expenses incurred.
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Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[22] Section 25 Proceedings for offences
Omit "200 penalty units" from section 25(3). Insert instead "1,000 penalty units".
[23] Section 26
Omit section 26. Insert instead--
26 Forfeiture and disposal
(1) If a person is convicted of an offence against this Act or the regulations, the
court may order--
(a) forfeiture to the Crown of an article, regulated material or substance in
relation to which the offence was committed, and
(b) the person pay the Authority the costs incurred by the Authority for
disposing of the forfeited matter.
(2) On application made by or on behalf of the Authority in the prescribed way,
the Local Court may order--
(a) forfeiture to the Crown of an article, regulated material or substance--
(i) seized by an authorised officer under this Act, or
(ii) abandoned or unlawfully disposed of, and
(b) a person pay the Authority the costs incurred by the Authority for
disposing of the forfeited matter if, when the forfeited matter was
seized, abandoned or unlawfully disposed of, the person--
(i) owned the forfeited matter, or
(ii) was giving away, possessing, selling, storing or transporting the
forfeited matter, or
(iii) was consigning the forfeited matter for transport.
(3) The making of an order under subsection (1)(a) or (2)(a) operates to forfeit the
article, regulated material or substance to the Crown.
(4) Forfeited matter must be disposed of in the way directed by the Authority.
(5) The Authority may recover the costs of disposing of forfeited matter as a debt
in a court of competent jurisdiction from--
(a) the person required, by an order under this section, to pay the costs, or
(b) if the person required to pay the costs is a corporation--
(i) the corporation, or
(ii) a current director of the corporation, or
(iii) a former director of the corporation, or
(iv) a related body corporate, or
(c) if the court has not made an order under this section for the payment of
costs--
(i) the person from whom the article, regulated material or substance
was forfeited under this section, or
(ii) if the person from whom the article, regulated material or
substance was forfeited under this section is a corporation--a
person referred to in paragraph (b)(i)-(iv).
(6) An order made by the Land and Environment Court under subsection (1) is
enforceable as if it were an order made by the Court in Class 4 proceedings
under the Land and Environment Court Act 1979.
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Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(7) An order made by the Local Court under subsection (1) or (2) is enforceable
as if it were an order made by the Local Court when exercising jurisdiction
under the Civil Procedure Act 2005.
(8) In this section--
forfeited matter means an article, regulated material or substance forfeited to
the Crown under this section.
[24] Section 28 Recovery of costs
Insert after section 28(3)--
(4) The Authority may recover the amount specified in an order under section
23B(1)(g) as a debt in a court of competent jurisdiction from--
(a) the person required by the order to pay the costs, or
(b) if the person required to pay the costs is a corporation--
(i) the corporation, or
(ii) a current director of the corporation, or
(iii) a former director of the corporation, or
(iv) a related body corporate.
(5) An order made by the Land and Environment Court under subsection (4) is
enforceable as if it were an order made by the Court in Class 4 proceedings
under the Land and Environment Court Act 1979.
(6) An order made by the Local Court under subsection (4) is enforceable as if it
were an order made by the Local Court when exercising jurisdiction under the
Civil Procedure Act 2005.
[25] Section 29 Radiation Advisory Council
Omit section 29(2). Insert instead--
(2) The Council must comprise at least 12 members appointed by the CEO of the
Authority, including--
(a) a member of staff of the Authority who will be the Chairperson of the
Council, and
(b) a person nominated by the Secretary of the Ministry of Health, and
(c) persons who collectively have, in the opinion of the CEO of the
Authority, experience, expertise, knowledge or qualifications in the
following areas--
(i) health or medical physics,
(ii) nuclear medicine,
(iii) radiation oncology,
(iv) radiology,
(v) one or more of the additional areas of expertise.
[26] Section 29(4)
Insert after section 29(3)--
(4) In this section--
additional areas of expertise means the following areas--
(a) industrial or scientific use of radiation,
(b) mining of radioactive ores or naturally occurring radioactive material,
Page 6
Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(c) work health and safety and the application of, or compliance with, the
work health and safety regulatory framework,
(d) non-ionising radiation,
(e) environmental science,
(f) emergency management and emergency services operational
capabilities.
[27] Section 30 Functions of the Council
Omit "is to advise the Minister" from section 30(1).
Insert instead "must advise the Authority".
[28] Section 30(1)(e) and (2)
Omit "Minister" wherever occurring. Insert instead "Authority".
[29] Section 33 Annual report of Council to Parliament
Omit the section.
[30] Section 33A
Omit the section. Insert instead--
33A Abandoning radioactive substance
(1) A person must not, without reasonable excuse, abandon a radioactive
substance.
Maximum penalty--
(a) for an individual--$250,000, or
(b) otherwise--$1,000,000.
(2) A person must not intentionally or negligently abandon a radioactive
substance.
Maximum penalty--
(a) for an individual--
(i) for an offence committed intentionally--$1,000,000, or
(ii) for an offence committed negligently--$500,000, or
(b) otherwise--
(i) for an offence committed intentionally--$5,000,000, or
(ii) for an offence committed negligently--$2,000,000.
(3) If the court is satisfied a person charged with an offence under subsection (2)
is not guilty of the offence but is satisfied on the evidence the person is guilty
of an offence under subsection (1)--
(a) the court may find the person guilty of the offence under subsection (1),
and
(b) the person is liable to punishment under subsection (1).
(4) The onus of proving a person had a reasonable excuse in proceedings for an
offence under subsection (1) lies on the person charged with the offence.
[31] Sections 33C and 33D
Insert after section 33B--
Page 7
Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
33C Transport of radioactive substances
A person must not cause a radioactive substance to be transported other than
in accordance with--
(a) the Code for the Safe Transport of Radioactive Material, published by
the Australian Radiation Protection and Nuclear Safety Agency, as in
force from time to time, or
(b) if the code is replaced by another code--the other code, as in force from
time to time.
Maximum penalty--
(a) for an individual--250 penalty units, or
(b) otherwise--1,500 penalty units.
33D Disposal of regulated material
(1) A person must not dispose of regulated material other than--
(a) with the consent of the Authority, and
(b) in accordance with the conditions, if any, imposed by the Authority.
Maximum penalty--
(a) for an individual--250 penalty units, or
(b) otherwise--1,500 penalty units.
(2) The consent of the Authority may be--
(a) given generally or in a particular case, and
(b) subject to the conditions the Authority considers appropriate.
[32] Section 36B Provision of false or misleading information
Omit the penalty. Insert instead--
Maximum penalty--
(a) for an individual--$250,000, or
(b) otherwise--$1,000,000.
[33] Section 40 Regulations
Omit "radioactive substances or radiation apparatus" wherever occurring in section 40(2).
Insert instead "regulated material".
[34] Section 40(3)(d)
Omit "authority or approval and the terms or conditions to which it is subject".
Insert instead "authority, approval, consent or accreditation".
[35] Section 40(3)(d1)
Insert after section 40(3)(d)--
(d1) the terms or conditions to which a licence, permit, authority, approval,
consent or accreditation is subject,
[36] Section 40(3A)
Omit "radioactive substances, radiation apparatus and sealed radioactive sources".
Insert instead "regulated material".
Page 8
Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
[37] Schedule 1 Provisions relating to members and procedure of Council
Omit "Minister" wherever occurring in clauses 2(1) and (4), 4 and 5(1)(c) and (2).
Insert instead "CEO of the Authority".
[38] Schedule 1, clause 5(1)(d)
Omit the paragraph. Insert instead--
(d) is removed from office by the CEO of the Authority under subclause
(2), or
[39] Schedule 1, clause 9
Omit "9 members". Insert instead "7 members".
[40] Schedule 1, clause 12
Omit the clause.
[41] Schedule 2 Savings and transitional provisions
Insert after Part 9--
Part 10 Provisions consequent on the enactment of the
Radiation Control Amendment Act 2023
24 Definition
In this part--
amendment Act means the Radiation Control Amendment Act 2023.
25 Increased maximum penalty imposed by Local Court
(1) Section 25(3), as amended by the amendment Act, does not apply to
proceedings commenced before the commencement of the amendment.
(2) Section 25(3), as amended by the amendment Act, extends to an offence
alleged to have been committed before the commencement of the amendment,
but only if proceedings for the alleged offence commence on or after the
commencement of the amendment.
26 Increased maximum penalty for providing false or misleading information
Section 36B, as amended by the amendment Act, applies only to offences
committed on or after the commencement of the amendment.
27 Costs incurred by the Authority
(1) Sections 23B, 26 and 28, as amended by the amendment Act, do not apply to
proceedings commenced before the commencement of the amendments.
(2) Sections 23B, 26 and 28, as amended by the amendment Act, apply in relation
to an offence committed before the commencement of the amendments, but
only if proceedings for the alleged offence commence on or after the
commencement of the amendments.
28 Review of security plans over 4 years old
(1) A person responsible for a security enhanced source subject to a relevant
security plan must ensure the relevant security plan is reviewed and endorsed
by a radiation security assessor no later than 1 year after the relevant date.
Page 9
Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(2) For section 14(6) and (6A), a relevant security plan reviewed and endorsed in
accordance with this clause is taken to be first endorsed under section 14(4) on
the date the plan is endorsed under this clause.
(3) In this clause--
relevant date means the date of commencement of the amendment Act,
Schedule 1[19].
relevant security plan means a security plan--
(a) in force immediately before the relevant date, and
(b) first endorsed by a radiation security assessor under section 14(4) more
than 4 years before the relevant date.
29 Members of Radiation Advisory Council
(1) On the commencement date--
(a) the former Chairperson's appointment as Chairperson of the former
Council ends, and
(b) the former Chairperson is taken to be appointed as Chairperson of the
Council under section 29, and
(c) each appointed member is taken to be appointed as a member of the
Council under section 29, and
(d) the Council is taken to be constituted in accordance with this Act.
(2) For Schedule 1, clause 3, the appointment under section 29 is taken to be
made--
(a) on the same terms and conditions as applied to the person's appointment
as former Chairperson or as a member of the former Council, and
(b) for the term ending on the same day on which the person's appointment
would have ended under the person's appointment as former
Chairperson or as a member of the former Council.
(3) This clause does not affect the power of the CEO of the Authority to determine
the allowances payable to the members of the Council from time to time under
Schedule 1, clause 4.
(4) In this clause--
appointed member means a person who, immediately before the
commencement date, held an appointment as a member of the former Council.
commencement date means the date of the commencement of the amendment
Act, Schedule 1[25].
Council means the Radiation Advisory Council.
former Chairperson means the person who, immediately before the
commencement date, held office as Chairperson of the former Council.
former Council means the Council, as constituted immediately before the
commencement date.
30 References to Radiation Control Act 1990 and Radiation Control Regulation
2013
(1) On the commencement of the amendment Act, Schedule 1[1], a reference in
an Act, instrument or other document to the Radiation Control Act 1990 is
taken to include a reference to the Protection from Harmful Radiation Act
1990.
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Radiation Control Amendment Bill 2023 [NSW]
Schedule 1 Amendment of Radiation Control Act 1990 No 13
(2) On the commencement of the amendment Act, Schedule 2.6[1], a reference in
an Act, instrument or other document to the Radiation Control Regulation
2013 is taken to include a reference to the Protection from Harmful Radiation
Regulation 2013.
Page 11
Radiation Control Amendment Bill 2023 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Biodiversity Conservation Regulation 2017
Clause 14.3 Additional persons to whom functions may be delegated by Minister or
Agency Head (section 14.4)
Omit "Chairperson" from clause 14.3(e). Insert instead "CEO".
2.2 Land and Environment Court Act 1979 No 204
Section 20 Class 4--environmental planning and protection, development contract
and strata renewal plan civil enforcement
Omit "27 or 27A" from section 20(1)(co). Insert instead "26(5), 27, 27A or 28".
2.3 National Parks and Wildlife Act 1974 No 80
Section 21 Delegation
Omit "Chairperson" wherever occurring in section 21(1)(c2) and (2)(b1).
Insert instead "CEO".
2.4 Protection of the Environment Administration Act 1991 No 60
Section 3 Definitions
Insert after section 3(1), environment protection legislation, paragraph (g)--
(ga) Plastic Reduction and Circular Economy Act 2021,
2.5 Protection of the Environment Operations Act 1997 No 156
[1] Section 91A Clean-up notices may be given to directors and related bodies corporate
Omit section 91A(1)(a). Insert instead--
(a) a clean-up notice (the previous clean-up notice) has been given to a
corporation--
(i) by the appropriate regulatory authority under section 91(1), or
(ii) by the EPA under section 91(2), and
[2] Section 105 Recovery of amounts
Insert "or contributed to" after "caused" wherever occurring in section 105(2).
[3] Schedule 4
Omit clause 7.
2.6 Radiation Control Regulation 2013
[1] Clause 1
Omit the clause. Insert instead--
1 Name of regulation
This regulation is the Protection from Harmful Radiation Regulation 2013.
Page 12
Radiation Control Amendment Bill 2023 [NSW]
Schedule 2 Amendment of other legislation
[2] Clause 34
Omit the clause. Insert instead--
34 Disposal of radiation apparatus
A person must not dispose of radiation apparatus unless the apparatus has been
rendered permanently inoperable.
Maximum penalty--
(a) for an individual--200 penalty units, or
(b) otherwise--400 penalty units.
[3] Clause 36
Omit the clause.
2.7 Amendments consequential on name change of principal Act
[1] References to Radiation Control Act 1990
Omit "Radiation Control Act 1990" wherever occurring in the following provisions--
Dangerous Goods (Road and Rail Transport) Act 2008, section 5,
Environmentally Hazardous Chemicals Act 1985, sections 3(1), definition of chemical,
paragraph (c), and 5(2) and (3),
Fair Trading Act 1987, Schedule 1,
Land and Environment Court Act 1979, sections 17(ha), 20(1)(co) and (3)(a) and 21(hf),
Law Enforcement (Powers and Responsibilities) Act 2002, Schedule 2,
Protection of the Environment Administration Act 1991, sections 3(1), definition of
environment protection legislation, paragraph (i) and 34A(3)(b)(vi) and (3)(b4)(iv),
Protection of the Environment Operations Act 1997, section 186(b2) and Schedule 1, clause
9(1), definition of general chemicals storage, paragraph (b),
Road Transport Act 2013, section 107(2)(g)(ii),
Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986, section 6(2)(a).
Insert instead "Protection from Harmful Radiation Act 1990".
[2] Protection of the Environment Administration Act 1991 No 60
Omit Schedule 4, clause 7.
Page 13
Radiation Control Amendment Bill 2023 [NSW]
Schedule 2 Amendment of other legislation
2.8 Subordinate Legislation Act 1989 No 146
Schedule 5 Further postponement of repeal of statutory rules
Omit "Radiation Control Regulation 2013" from clause 3(g).
Insert instead "Protection from Harmful Radiation Regulation 2013".
Page 14
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