Victorian Current Acts

RADIATION ACT 2005

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Activity ratios for sealed sources  
   4.      Declarations that certain materials and apparatuses are not radiation sources  
   5.      Tabling and disallowance of declarations under section 4  
   6.      Crown to be bound  

   PART 2--THE RADIATION PROTECTION PRINCIPLE

   7.      The Radiation Protection Principle  
   8.      Interpretation that promotes the Radiation Protection Principle to be preferred  

   PART 3--THE ROLE OF THE SECRETARY

   9.      Functions of the Secretary  
   10.     General powers of the Secretary  
   11.     Secretary must have regard to the Radiation Protection Principle and NDRP  

   PART 4--LICENSED ACTIVITIES

   12.     Conduct of radiation practice prohibited unless licensed  
   13.     Use of a radiation source prohibited unless licensed  
   14.     Construction of radiation facilities prohibited in certain cases  
   15.     Licence holders must comply with conditions of licence  
   16.     Exemptions from holding a licence  
   16A.    Exemption from transport security plan requirements  
   17.     Persons must not falsely represent that they are licence holders  
   18.     Offence to allow persons who do not hold a use licence to use a radiation source  
   19.     Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence  
   20.     Secretary to be notified of loss or theft of radiation source  
   21.     Offence to abandon radiation source  
   22.     Offences to cause another person to receive a higher radiation dose than is prescribed  
   23.     Offences to cause serious harm to the environment  
   23A.    Offence to permit use of high consequence sealed sources by unverified person  
   23B.    Offence to permit transport of high consequence sealed sources by unverified person  
   23C.    Offence to permit access to high consequence sealed sources by unverified person  
   23D.    Offence to conduct a commercial tanning practice  

   PART 5--APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES

           Division 1--Introductory

   24.     Definitions  

           Division 2--Approved testers

   25.     Role of approved testers  
   26.     Approved testers must comply with conditions of tester's approval  
   27.     Only approved testers who hold testers' approvals that are in force may issue certificates of compliance  
   28.     Offence to impersonate approved tester  

           Division 3--Radiation safety standards and tests

   29.     Secretary may specify radiation safety standards  
   30.     Secretary may specify radiation safety tests  
   31.     Standards and tests specified by Secretary may incorporate documents and other material  

           Division 4--Testing and certificates of compliance

   32.     Testing in accordance with specified radiation safety tests  
   33.     Certificates of compliance  
   34.     Approved testers to provide certificate information to Secretary  
   35.     Approved tester must not knowingly issue a certificate of compliance that is false  

           Division 5--Use of prescribed radiation sources

   36.     Use of prescribed radiation sources prohibited unless there is a certificate of compliance  

   PART 5A--APPROVED ASSESSORS OF SECURITY PLANS AND TRANSPORT SECURITY PLANS

   36A.    Role of approved assessors of security plans and transport security plans  
   36B.    Approved assessor must comply with conditions of assessor's approval  
   36C.    Only approved assessors who hold assessor's approvals that are in force may issue security compliance certificates  
   36D.    Offence to impersonate approved assessor  
   36E.    Approved assessor must not knowingly issue a security compliance certificate that is false  

   PART 6--AUTHORITIES UNDER THE ACT

           Division 1--Issue of authorities

   37.     Who may apply for an authority?  
   38.     Form of application  
   39.     Further information for management licence applications  
   40.     Further information for use licence applications  
   41.     Further information for facility construction licence applications  
   42.     Further information for a tester's approval application  
   42A.    Further information for an assessor's approval  
   43.     Consideration of application for and issue of authority  
   44.     Further considerations in relation to use licence applications  
   45.     Requests for certain information from a relevant health practitioner board about an applicant  
   46.     Further considerations in relation to a tester's approval application  
   47.     Conditions of authority  
   48.     Period and date of expiry of authority  
   49.     When authority takes effect  
   50.     Content of authority  

           Division 2--Renewal of authorities

   51.     Application for renewal of authority  
   52.     Consideration of application for and issue of renewal of authority  
   53.     Period and date of expiry of renewed authority  
   54.     Conditions of renewed authority  
   55.     Content of renewed authority  

           Division 3--Suspension and cancellation of authorities

   56.     Suspension or cancellation of authority  
   57.     Show cause notice  
   58.     Representations about show cause notices  
   59.     Ending show cause process without further action  
   60.     Suspension or cancellation  
   61.     Return of cancelled authority to Secretary  
   62.     Immediate suspension of authority in urgent circumstances  
   63.     Effect of suspension on authorities  

           Division 4--Other actions in relation to authorities

   64.     Transfer of management licence or facility construction licence  
   65.     Variation of authority by Secretary on his or her own initiative  
   66.     Variation of authority by Secretary on application of authority holder  
   67.     Surrender of authority  

           Division 5--Other matters

   67A.    Guidelines on evidence as to identity  

   PART 6A--SECURITY PLANS AND TRANSPORT SECURITY PLANS

           Division 1--Security plans

   67B.    Certain management licence applicants must prepare and submit plan for approval  
   67C.    Contents of security plan  
   67D.    Management licence holders who possess high consequence sealed sources must have approved security plans  
   67E.    Approved security plan to be provided to Secretary  
   67F.    Review of approved security plans  

           Division 2--Transport security plans

   67G.    Transport security plan  
   67H.    Contents of transport security plan  
   67I.    Review of transport security plan  
   67J.    Offence to transport high consequence sealed source without transport security plan  

           Division 3--Assessment of security plans and transport security plans

   67K.    Review and approval of security plan or transport security plan  
   67L.    Approved assessor to provide certificate information to Secretary  

           Division 4--Compliance with security plans and transport security plans

   67M.    Offence to fail to comply with security plan or transport security plan  

           Division 5--Standards for security plans and transport security plans and security compliance certificate

   67N.    Secretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources  
   67O.    Notification of change to security standard involving changes to security measures  

   PART 7--ENFORCEMENT

           Division 1--Introductory

   68.     Definitions  

           Division 2--Authorised officers

   69.     Appointment  
   70.     Authorised officer's identity card  
   71.     Production of identity card  
   72.     Authorised officers must cease exercising powers if they do not produce identity card on request  
   73.     Authorised officers subject to Secretary's direction  

           Division 3--Entry powers of authorised officers

   74.     Power to enter places  
   75.     Procedure for entry without consent  
   76.     Procedure for entry with consent  

           Division 4--Investigation and enforcement powers of authorised officers

   77.     General powers of authorised officers  
   78.     Power to direct persons to produce documents, operate equipment, answer questions etc.  

           Division 5--Search warrants

   79.     Issue of search warrants  
   80.     Announcement before entry on warrant  
   81.     Copy of warrant to be given to occupier  

           Division 6--Seized things and samples taken

   82.     Authorised officers to give receipts for seized things and samples taken  
   83.     Copies of seized documents  
   84.     Retention and return of seized documents or things  
   85.     Magistrates' Court may extend 3 month period  
   86.     Forfeiture and destruction of seized things  
   87.     Secretary may cause forfeited things to be destroyed or otherwise disposed of  

           Division 7--Examinations, analyses, measurement and testing

   88.     Examination, analysis, measurement or testing of things seized or samples taken  
   89.     Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place  
   90.     Certificates must indicate methodology used  

           Division 7A--Improvement notices and prohibition notices

   90A.    Secretary may issue improvement notice or prohibition notice  
   90B.    Person must comply with improvement notice or prohibition notice  
   90C.    Proceedings for offences affected by notices  

           Division 8--Miscellaneous

   91.     Offence to impersonate an authorised officer  

   PART 8--RADIATION EMERGENCIES

   92.     Definition  
   93.     Secretary to give authorisation for exercise of emergency powers  
   94.     How may an authorisation be given?  
   95.     Extension of period of time authorisation is in force  
   96.     What is authorised?  
   97.     Authorised officers to display identity cards at all times when exercising emergency powers  
   98.     Use of reasonable and necessary force  
   99.     Compensation  

   PART 9--REVIEW OF DECISIONS

   100.    Definitions  
   101.    Review  
   102.    VCAT review of certain decisions of Secretary  

   PART 10--THE RADIATION ADVISORY COMMITTEE

   103.    Radiation Advisory Committee  
   104.    Membership  
   105.    Acting appointments  
   106.    Proceedings of the Committee  
   107.    Function of the Committee  
   108.    Consultation in carrying out its function  
   109.    Assistance  
   110.    Annual reports  
   111.    Minister to lay annual reports before Houses of Parliament  

   PART 11--GENERAL

           Division 1--Radiation analysts

   112.    Appointment of radiation analysts  
   113.    Radiation analyst's terms and conditions  
   114.    Functions of radiation analysts  

           Division 2--Other offences

   115.    Tampering with radiation sources sealed by authorised officers  
   116.    False and misleading information  
   117.    Offence to hinder or obstruct an authorised officer  

           Division 3--Infringement notices

   118.    Definition  
   119.    Power to serve a notice  
   121.    Infringement penalties  

           Division 4--Provisions relating to offences

   127.    Self-incrimination  
   128.    Offences by corporations  
   129.    Time within which proceedings for offences may be brought  
   130.    Evidence of signatures  
   131.    Evidentiary certificates  

           Division 5--Compensation and recovery of costs

   132.    Orders for compensation and the recovery of certain costs immediately after a finding of guilt  
   133.    Cost recovery by Secretary in certain cases where persons do not comply with a direction  

           Division 6--Reporting

   134.    Annual report  
   135.    Secretary to notify CEO of ARPANSA of prescribed radiation incidents  

           Division 7--Miscellaneous

   136.    Disclosure of information to other agencies  
   137.    Secretary and authorised officers need not be licensed to exercise powers or perform duties  
   137A.   Service of notices, orders and other documents  
   138.    Register  
   139.    Regulations  

   PART 12--SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS

           Division 2--Savings and transitionals

   146.    Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions  
   147.    Other savings and transitional matters  
   148.    Radiation Amendment Act 2013—transitional provision—security plans and transport security plans  
   149.    Radiation Amendment Act 2013—transitional provision—commercial tanning units  
           SCHEDULE
           ENDNOTES