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TASMANIA
__________
RADIATION PROTECTION AMENDMENT BILL
2012
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Interpretation)
5. Section 10 amended (Causing radiation exposure)
6. Section 13 amended (Dealings with radiation source prohibited
without licence)
7. Section 21 amended (Determination of application)
8. Section 23 amended (Activities authorised by authority)
9. Section 29 amended (Amendment of authority on application by
holder)
10. Section 70A inserted
70A. Infringement notices
11. Section 85 amended (Exemptions)
12. Section 86 amended (Regulations)
13. Repeal of Act
[Bill 58]-IV
2
RADIATION PROTECTION AMENDMENT BILL
2012
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
20 November 2012
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to amend the Radiation Protection Act 2005
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Radiation
Protection Amendment Act 2012.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 58] 3
Radiation Protection Amendment Act 2012
Act No. of
s. 3
3. Principal Act
In this Act, the Radiation Protection Act 2005*
is referred to as the Principal Act.
4. Section 4 amended (Interpretation)
Section 4 of the Principal Act is amended as
follows:
(a) by omitting the definition of dispose of
and substituting the following definition:
dispose of includes bury, disperse, hire
out or lease, transfer ownership of
and transfer possession of;
(b) by omitting the definition of possess and
substituting the following definition:
possess, in relation to a radiation
source, means being in control of
the radiation source, whether or
not another person has the
physical custody of the radiation
source;
(c) by omitting paragraph (d) from the
definition of sell.
5. Section 10 amended (Causing radiation exposure)
Section 10 of the Principal Act is amended by
omitting subsection (2).
*No. 48 of 2005
4
Radiation Protection Amendment Act 2012
Act No. of
s. 6
6. Section 13 amended (Dealings with radiation source
prohibited without licence)
Section 13 of the Principal Act is amended by
omitting subsection (2).
7. Section 21 amended (Determination of application)
Section 21(4) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) the name of any person likely to be
dealing with the radiation source to
which the application relates; and
8. Section 23 amended (Activities authorised by
authority)
Section 23 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) The holder of an authority must not
publicly represent, whether by an
advertisement, public notice or other
means, and whether expressly or by
implication, that the authority constitutes
an endorsement, by or on behalf of the
Crown or any of its agencies, as to the
efficacy, quality or standard of any
service provided, or any activity carried
on, under the authority.
Penalty: Fine not exceeding 50 penalty
units.
5
Radiation Protection Amendment Act 2012
Act No. of
s. 9
9. Section 29 amended (Amendment of authority on
application by holder)
Section 29 of the Principal Act is amended as
follows:
(a) by omitting subsection (5) and
substituting the following subsection:
(5) The Director of Public Health
may only grant the application or
part of the application if he or she
has had regard to any criteria
prescribed for the purposes of
section 21(2)(a), (b) or (c) that he
or she considers relevant.
(b) by omitting from subsection (6)
"Section 21(3), (4), (5) and (6) applies"
and substituting "Section 21(2), (3), (4),
(5) and (6) apply".
10. Section 70A inserted
After section 70 of the Principal Act, the
following section is inserted in Division 3:
70A. Infringement notices
(1) The Director of Public Health or an
authorised officer may issue and serve an
infringement notice on a person if he or
she reasonably believes that the person
has committed an infringement offence.
6
Radiation Protection Amendment Act 2012
Act No. of
s. 11
(2) An infringement notice may not be
served on an individual who has not
attained the age of 18 years.
(3) An infringement notice -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 4
offences.
(4) The regulations -
(a) may prescribe, for infringement
offences, the penalties payable
under infringement notices; and
(b) may prescribe different penalties
for bodies corporate and
individuals.
(5) In this section -
infringement offence means an
offence against this Act or the
regulations that is prescribed by
the regulations to be an
infringement offence.
11. Section 85 amended (Exemptions)
Section 85 of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsection:
7
Radiation Protection Amendment Act 2012
Act No. of
s. 12
(2) The exemption may be given only if -
(a) it could not reasonably be
expected to pose any threat of
harm, or more than a negligible
threat of harm, to the health or
safety of persons or to the
environment; or
(b) if paragraph (a) does not apply,
preserving the relevant legislative
controls over the person or matter
to be exempted could not
reasonably be expected to achieve
any worthwhile net public benefit
in terms of reducing the
associated threats of harm to the
health or safety of persons or to
the environment.
12. Section 86 amended (Regulations)
Section 86(5) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"continues; and" and substituting
"continues.";
(b) by omitting paragraph (c).
13. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania