Australian Capital Territory Current Acts

RADIATION PROTECTION ACT 2006

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   3.      Object of Act  
   4.      Radiation protection principle  
   5.      Dictionary  
   6.      Notes  
   7.      Offences against Act—application of Criminal Code etc  

   PART 2--IMPORTANT TERMS

   8.      Meaning of radiation and ionising and non-ionising  
   9.      Meaning of radiation source etc  
   10.     Meaning of prohibited radiation source and regulated radiation  
   11.     Meaning of deal with radiation source  

   PART 3--RADIATION SAFETY

           Division 3.1--Safety duties

   12.     General duty to ensure no harm  
   13.     Radiation exposure  
   14.     Diagnostic or therapeutic procedures  
   15.     Incorporated documents, approved codes of practice etc may be considered  

           Division 3.2--Licenses

   16.     Application for licence  
   17.     Decision about licence application  
   17A.    Suitable person to hold licence  
   18.     Form of licence  
   19.     Licence conditions  
   20.     Term of licence  
   21.     Offence—fail to update name or address  
   22.     Amendment of licence by chief health officer  
   23.     Amendment of licence on application  
   24.     Automatic cancellation of licence  

           Division 3.3--Registration of radiation sources

   25.     Application for registration of radiation source  
   26.     Decision about radiation source registration application  
   26A.    Suitable person to own registered regulated radiation source  
   27.     Form of registration  
   28.     Registration conditions  
   29.     Term of registration  
   30.     Registered owner must update details  
   31.     Amendment of registration by chief health officer  
   32.     Amendment of registration on application  
   33.     Automatic cancellation of registration  

           Division 3.3A--Radiation register

   33A.    Radiation register  

           Division 3.3B--Radiation management plan

   33B.    Meaning of radiation management plan  
   33C.    Radiation management plan  
   33D.    Meaning of radiation safety officer  
   33E.    Qualifications of radiation safety officer  

           Division 3.3C--Improvement notices and prohibition notices

   33F.    Improvement notices  
   33G.    Contents of improvement notices  
   33H.    Prohibition notices  
   33I.    Contents of prohibition notices  
   33J.    Clearance notices  
   33K.    Contravention of improvement notice and prohibition notice  

           Division 3.4--Disciplinary action

   34.     Grounds for disciplinary action  
   35.     Disciplinary action  
   36.     Taking disciplinary action  
   37.     Immediate suspension of licence or registration  
   38.     Effect of suspension of licence or dealing  
   39.     Effect on licensee of suspension of registration  
   40.     Return of amended, suspended or cancelled licences  
   41.     Action by chief health officer in relation to amended, suspended or cancelled  

           Division 3.5--Abandoning a radiation source

   42.     Prohibition on abandoning radiation source  
   43.     Procedure if radiation source abandoned  
   44.     Person abandoning radiation source liable for recovery costs  

           Division 3.6--Disposal of prohibited radiation source

   45.     Disposal etc of prohibited radiation source  
   46.     Person in possession of prohibited radiation source liable for disposal  

           Division 3.7--Emergency powers

   46A.    Emergency exemption  
   47.     Emergency orders  
   48.     Compensation—emergency orders  
   49.     Minister's decision on claim for compensation  
   50.     Acceptance or rejection of offer of compensation  
   51.     Recovery of compensation in court  

   PART 4--OFFENCES

   52.     Meaning of safety duty  
   53.     Failure to comply with safety duty—general offence  
   54.     Failure to comply with safety duty—exposing people to substantial risk of death or  
   55.     Failure to comply with safety duty—causing death or serious harm to  
   56.     Failure to comply with safety duty—exposing property or environment to substantial  
   57.     Alternative verdicts for failure to comply with safety duties  
   58.     Failure to comply with condition of licence  
   59.     Dealing with regulated radiation source without licence  
   60.     Owning unregistered radiation source  
   60A.    Dealing with unregistered radiation source  
   61.     Failure to comply with condition of registration of radiation  
   62.     Dealings with prohibited radiation source  
   62A.    Failure to notify chief health officer of disposal of radiation  
   63.     Failure to notify chief health officer of dangerous event  
   64.     Criminal liability of executive officers  

   PART 5--RADIATION ADVISORY COMMITTEE

   65.     Establishment of advisory committee  
   66.     Advisory committee—functions  
   67.     Advisory committee—membership  
   68.     Advisory committee—ending members' appointments  
   69.     Advisory committee—procedures  
   70.     Advisory committee—quorum at meetings  
   71.     Advisory committee—disclosure of member interests  
   72.     Advisory committee—reporting of disclosed interests to  
   73.     Advisory committee—radiation protection reports  

   PART 6--ENFORCEMENT

           Division 6.1--General

   88.     Definitions—pt 6  

           Division 6.2--Authorised people

   89.     Appointment of authorised people  
   90.     Identity cards  

           Division 6.3--Powers of authorised people

   91.     Power to enter premises  
   92.     Production of identity card  
   93.     Consent to entry  
   94.     General powers on entry to premises  
   95.     Power to seize things  

           Division 6.4--Search warrants

   96.     Warrants generally  
   97.     Warrants—application made other than in person  
   98.     Search warrants—announcement before entry  
   99.     Details of search warrant to be given to occupier etc  
   100.    Occupier entitled to be present during search etc  

           Division 6.5--Return and forfeiture of things seized

   101.    Receipt for things seized  
   102.    Moving things to another place for examination or processing under search  
   103.    Access to things seized  
   104.    Return of things seized  
   105.    Forfeiture of seized things  
   106.    Power to destroy unsafe things  
   107.    Application for order disallowing seizure  
   108.    Order for return of seized thing  

           Division 6.6--Miscellaneous

   109.    Damage etc to be minimised  
   110.    Compensation for exercise of enforcement powers  

   PART 7--NOTIFICATION AND REVIEW OF DECISIONS

   111.    Meaning of reviewable decision—pt 7  
   112.    Reviewable decision notices  
   113.    Applications for review  

   PART 8--MISCELLANEOUS

   114.    Minister may exempt people, radiation sources etc  
   115.    Communication or use of protected information  
   116.    Codes of practice  
   117.    Notification of certain incorporated documents  
   118.    Inspection of incorporated documents  
   119.    Evidentiary certificates  
   120.    Determination of fees  
   122.    Regulation-making power  
   123.    Regulations may exempt people, radiation sources etc  
   124.    Regulations may impose conditions to licensing and registration regimes  
           SCHEDULE 1
           DICTIONARY
           ENDNOTES