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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Radiation Protection and
Nuclear Safety Amendment Bill 2015
No. , 2015
(Health)
A Bill for an Act to amend the Australian Radiation
Protection and Nuclear Safety Act 1998, and for
related purposes
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Amendments
3
Australian Radiation Protection and Nuclear Safety Act 1998
3
Part 2--Transitional provisions
15
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
1
A Bill for an Act to amend the Australian Radiation
1
Protection and Nuclear Safety Act 1998, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Australian Radiation Protection and
6
Nuclear Safety Amendment Act 2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
3
Schedule 1
--Amendments
1
Part 1
--Amendments
2
Australian Radiation Protection and Nuclear Safety Act 1998
3
1 Subsection 11(2)
4
Omit all the words after "in so far" (not including the example),
5
substitute:
6
as:
7
(a) the dealing is for or on behalf of a Commonwealth entity; and
8
(b) the dealing is under or for the purposes of a contract with the
9
Commonwealth entity; and
10
(c) the controlled material or controlled apparatus is owned or
11
controlled by the Commonwealth entity.
12
2 At the end of section 11
13
Add:
14
(3) If conduct of, or a dealing by, a person in the person's capacity as a
15
Commonwealth contractor is not covered by subsection (1) or (2),
16
then:
17
(a) that does not prevent this Act from applying in respect of the
18
conduct or dealing in the person's capacity as a permitted
19
person under section 11A; and
20
(b) in applying that section to the conduct or dealing, the person
21
is not to be taken to be a controlled person (and therefore
22
excluded from the scope of that section) merely because the
23
person is a Commonwealth contractor.
24
3 After section 11
25
Insert:
26
11A Application of Act to permitted persons
27
(1) A permitted person, in relation to a licence, is a person (other than
28
a controlled person) who is permitted, under an arrangement with
29
Schedule 1 Amendments
Part 1 Amendments
4
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
the licence holder, to do any of the following things that the licence
1
authorises the licence holder to do:
2
(a) undertake an activity referred to in subsection 30(1) in
3
relation to a controlled facility that is owned or controlled by
4
the licence holder;
5
(b) deal with a controlled material or controlled apparatus that is
6
owned or controlled by the licence holder.
7
(2) This Act applies to the permitted person only in respect of the
8
activity or dealing to which the arrangement applies.
9
Severability
10
(3) Without limiting its effect apart from this section, this Act also has
11
the effect it would have if paragraphs (1)(a) and (b) of this section
12
were expressly limited to an activity or a dealing:
13
(a) that is for the purposes of the licence holder; or
14
(b) that is undertaken or done:
15
(i) in a Territory; or
16
(ii) in a Commonwealth place (within the meaning of the
17
Commonwealth Places (Application of Laws) Act 1970).
18
4 Section 13 (at the end of the definition of controlled facility)
19
Add:
20
; or (c) a prescribed legacy site.
21
5 Section 13
22
Insert:
23
improvement notice: see subsection 80A(2).
24
6 Section 13 (paragraph (a) of the definition of nuclear
25
installation)
26
Omit "nuclear materials", substitute "radioactive materials".
27
7 Section 13 (paragraph (c) of the definition of nuclear
28
installation)
29
Omit "nuclear waste", substitute "radioactive waste".
30
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
5
8 Section 13 (at the end of the definition of nuclear
1
installation)
2
Add:
3
; (e) a plant for storing spent fuel that has been used in a nuclear
4
reactor as described in paragraph (a).
5
9 Section 13
6
Insert:
7
permitted person: see section 11A.
8
Note:
Section 11A limits the circumstances in which the provisions of this
9
Act apply to a permitted person.
10
10 Section 13 (definition of person covered by a licence)
11
Repeal the definition, substitute:
12
person covered by a licence means:
13
(a) a controlled person who is authorised under the licence to
14
deal with a controlled apparatus or controlled material or to
15
undertake an activity in relation to a controlled facility; or
16
(b) a permitted person in relation to the licence.
17
11 Section 13
18
Insert:
19
prescribed legacy site means a place (whether enclosed or built on
20
or not) that is prescribed by the regulations for the purposes of this
21
definition.
22
remediate, in relation to a prescribed legacy site, means to apply
23
measures to the site to reduce the exposure of people or the
24
environment to radiation from contamination of the site with
25
radioactive material.
26
12 Paragraph 18(1)(b)
27
Omit "a Senior Officer Grade A, B or C", substitute "an Executive
28
Level 1 or 2 position".
29
Schedule 1 Amendments
Part 1 Amendments
6
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
13 After subsection 18(1)
1
Insert:
2
(1A) However, the CEO may only delegate the CEO's powers or
3
functions under section 80C (review of improvement notice
4
decisions) to a person holding, or performing the duties of, a
5
Senior Executive Service office, or equivalent, in the Department.
6
14 Subsections 23(2) and 26(2)
7
Omit "or the Council".
8
15 Section 30 (heading)
9
Repeal the heading, substitute:
10
30 Construction, operation etc. of controlled facilities
11
16 After paragraph 30(1)(e)
12
Insert:
13
(ea) remediate a prescribed legacy site;
14
17 After paragraph 31(1)(a)
15
Insert:
16
(aa) the dealing is authorised by a facility licence; or
17
18 After subsection 32(1)
18
Insert:
19
(1A) A licence under subsection (1):
20
(a) may relate to one or more controlled facilities; and
21
(b) may also authorise persons to deal with a controlled
22
apparatus or a controlled material.
23
19 After paragraph 35(1)(a)
24
Insert:
25
(aa) the condition set out in subsection 80B(1);
26
20 Subsection 35(3)
27
Omit "or abandon", substitute ", abandon or remediate".
28
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
7
21 Subsection 35(4)
1
Omit "source".
2
22 At the end of subsection 36(2)
3
Add:
4
; or (d) if the licence was issued for a specified period--extend that
5
period.
6
23 Section 37
7
Repeal the section, substitute:
8
37 Period of licence
9
(1) A licence may be issued:
10
(a) for an indefinite period; or
11
(b) for a period specified in the licence.
12
(2) A licence continues in force until:
13
(a) it is cancelled or surrendered; or
14
(b) if the licence was issued for a specified period--the end of
15
that period (or that period as extended under
16
paragraph 36(2)(d)), unless earlier cancelled or surrendered.
17
24 Paragraph 40(2)(b)
18
Repeal the paragraph, substitute:
19
(b) given to the Minister within 28 days of the making of the
20
licence decision.
21
25 Subsection 40(6) (at the end of the definition of licence
22
decision)
23
Add:
24
; (g) to issue a licence for a particular period, rather than for a
25
longer period or indefinitely;
26
(h) not to extend the period for which a licence was issued.
27
26 Before subsection 41(1)
28
Insert:
29
Schedule 1 Amendments
Part 1 Amendments
8
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
When this section applies
1
27 Subsection 41(2)
2
Repeal the subsection, substitute:
3
(1A) This section also applies if:
4
(a) the CEO believes, on reasonable grounds, that there is a risk
5
of death, serious illness, serious injury or serious damage to
6
the environment, arising from radiation, in connection with a
7
controlled facility, controlled material or controlled
8
apparatus; and
9
(b) the CEO believes that there is an urgent need to exercise
10
powers under this section in order to minimise the risk.
11
Power to give directions, and consequences of a direction
12
(2) The CEO may give written directions to a controlled person
13
requiring the controlled person to take such steps as the CEO
14
considers appropriate:
15
(a) if subsection (1) applies--in relation to the thing; or
16
(b) if subsection (1A) applies--in relation to the controlled
17
facility, controlled material or controlled apparatus.
18
28 Paragraph 42(2)(b)
19
(b) given to the Minister within 28 days of the giving of the
20
direction.
21
29 At the end of Part 5
22
Add:
23
Division 4--Information-gathering
24
44A CEO may require controlled person to provide information,
25
produce documents or appear before the CEO
26
(1) This section applies to a controlled person if the CEO believes, on
27
reasonable grounds, that the person has information or a document
28
that is relevant for the purpose of finding out whether this Act, the
29
regulations or the conditions of a licence have been complied with.
30
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
9
(2) The CEO may, for that purpose, require the controlled person, by
1
written notice given to the person, to:
2
(a) give information to the CEO; or
3
(b) produce to the CEO documents in the person's custody or
4
control, or copies of such documents; or
5
(c) answer questions specified in the notice; or
6
(d) if the person is an individual--appear before the CEO at a
7
time and place specified in the notice to give information or
8
answer questions, either orally or in writing, or produce to
9
the CEO documents in the person's custody or control, or
10
copies of such documents; or
11
(e) if the person is a body corporate--cause a competent officer
12
of the body to appear before the CEO at a time and place
13
specified in the notice to give information or answer
14
questions, either orally or in writing, or produce to the CEO
15
documents in the person's custody or control, or copies of
16
such documents.
17
(3) If the notice makes a requirement under paragraph (2)(a), (b) or
18
(c), the controlled person must comply with the requirement:
19
(a) within 28 days after the notice is given (unless paragraph (b)
20
applies); or
21
(b) if a shorter period is specified in the notice--within that
22
shorter period.
23
(4) If the notice makes a requirement under paragraph (2)(d) or (e), the
24
time specified in the notice as mentioned in that paragraph may be
25
any reasonable time after the notice is given.
26
(5) If the controlled person is an individual, the individual is excused
27
from giving information, answering a question or producing a
28
document in accordance with the notice if the information, the
29
answer or the production of the document might tend to
30
incriminate the individual or to expose the individual to a penalty.
31
(6) The controlled person (the recipient) is excused from giving
32
information, answering a question or producing a document in
33
accordance with the notice if doing so would involve a
34
contravention of an obligation under an international agreement:
35
Schedule 1 Amendments
Part 1 Amendments
10
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
(a) to which Australia, the recipient or another controlled person
1
is a party; and
2
(b) that relates specifically to:
3
(i) the recipient; or
4
(ii) if the recipient is an officer or an employee of a
5
controlled person--that controlled person.
6
Note:
In a prosecution for an offence against section 44B, a defendant bears
7
an evidential burden in relation to the matters in subsections (5) and
8
(6) of this section (see subsection 13.3(3) of the Criminal Code).
9
44B Offence--failure to comply with requirement
10
A controlled person commits an offence if:
11
(a) the controlled person is given a notice under section 44A;
12
and
13
(b) the controlled person fails to comply with the notice.
14
Penalty: 30 penalty units.
15
30 At the end of paragraph 59(b)
16
Add:
17
; (iv) details of directions given by the CEO during the period
18
under section 41 of this Act;
19
(v) details of improvement notices given by inspectors
20
during the period under section 80A of this Act.
21
31 Subsection 60(2)
22
Repeal the subsection, substitute:
23
(2) The report must include details of the following:
24
(a) directions given by the Minister during the quarter under
25
section 16;
26
(b) directions given by the CEO during the quarter under
27
section 41;
28
(c) improvement notices given by inspectors during the quarter
29
under section 80A.
30
32 Before section 62
31
Insert:
32
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
11
Division 1--Appointment and powers of inspectors
1
33 Paragraph 65(1)(b)
2
Repeal the paragraph, substitute:
3
(b) it is necessary to exercise powers under this section in order
4
to protect the health and safety of people or to avoid damage
5
to the environment.
6
34 Subsection 65(3)
7
Omit all the words after "for the purpose of", substitute "protecting the
8
health and safety of people or avoiding damage to the environment".
9
35 Section 74 (heading)
10
Repeal the heading, substitute:
11
74 Receipts for things seized
12
36 After section 80
13
Insert:
14
Division 2--Improvement notices
15
80A Inspectors may give improvement notices
16
(1) This section applies if an inspector reasonably believes that:
17
(a) the holder of a licence or a person covered by a licence is
18
contravening, or is likely to contravene, a provision of this
19
Act or the regulations; or
20
(b) a condition of a licence is being contravened, or is likely to
21
be contravened.
22
(2) The inspector may give the holder of the licence a notice in writing
23
(an improvement notice) requiring the holder of the licence to:
24
(a) remedy the contravention; or
25
(b) prevent a likely contravention from occurring; or
26
(c) remedy the matters or activities causing the contravention or
27
likely contravention; or
28
Schedule 1 Amendments
Part 1 Amendments
12
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
(d) cease an activity causing the contravention or likely
1
contravention.
2
Note:
For variation and revocation, see subsection 33(3) of the Acts
3
Interpretation Act 1901.
4
Contents of improvement notice
5
(3) The improvement notice must state:
6
(a) the licence to which the notice relates; and
7
(b) the provision or condition the inspector believes is being, or
8
is likely to be, contravened; and
9
(c) briefly, how the provision or condition is being, or is likely to
10
be, contravened; and
11
(d) the name of the inspector; and
12
(e) the time by which the notice must be complied with.
13
(4) The time stated for compliance with the improvement notice must
14
be reasonable in all the circumstances.
15
Note:
The improvement notice may require immediate compliance if the
16
circumstances are sufficiently serious.
17
Inspector does not have to produce identity card
18
(5) Section 64 does not apply to the exercise of the power to give an
19
improvement notice.
20
80B Compliance with improvement notices
21
(1) A licence is subject to the condition that an improvement notice
22
relating to the licence and issued to the holder of the licence must
23
be complied with by the time specified in the notice.
24
Note:
It is an offence for the holder of a licence to fail to comply with a
25
condition of the licence (see subsection 30(2) for facility licences and
26
subsection 31(2) for source licences).
27
(2) The condition set out in subsection (1) is in addition to, and does
28
not limit, any obligation that the holder of the licence has under
29
any other provision of this Act or under the regulations or the
30
licence.
31
Amendments Schedule 1
Amendments Part 1
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
13
80C Review of improvement notice decisions
1
(1) A licence holder to whom an improvement notice has been given
2
may request that the CEO reconsider a decision made by an
3
inspector under section 80A in relation to the improvement notice
4
(the improvement notice decision).
5
(2) The request must be:
6
(a) in writing; and
7
(b) given to the CEO within 28 days of the making of the
8
improvement notice decision.
9
(3) The CEO must reconsider the improvement notice decision and
10
confirm, vary or set aside the improvement notice decision.
11
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
12
the licence holder to be notified of the licence holder's review rights.
13
(4) The CEO is taken to have confirmed the improvement notice
14
decision under subsection (3) if the CEO does not give written
15
notice of the CEO's decision under that subsection within 28 days
16
of the request.
17
(5) Applications may be made to the Administrative Appeals Tribunal
18
for review of a decision of the CEO under subsection (3) to
19
confirm, vary or set aside the improvement notice decision.
20
Division 3--Miscellaneous
21
37 Paragraphs 83(a) and (b)
22
After "controlled person", insert "or a permitted person".
23
38 At the end of section 83
24
Add:
25
Note:
For limits on the circumstances in which the provisions of this Act
26
apply to Commonwealth contractors and permitted persons, see
27
sections 11 and 11A.
28
39 Subsection 84(3)
29
Repeal the subsection, substitute:
30
Schedule 1 Amendments
Part 1 Amendments
14
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
No. , 2015
(3) For the purposes of this section, an agreement is a relevant
1
international agreement if it is an international agreement
2
prescribed by the regulations.
3
Amendments Schedule 1
Transitional provisions Part 2
No. , 2015
Australian Radiation Protection and Nuclear Safety Amendment Bill
2015
15
Part 2
--Transitional provisions
1
40 Definitions
2
In this Part:
3
amended Act means the Australian Radiation Protection and Nuclear
4
Safety Act 1998 as in force after the commencement time.
5
commencement time means the commencement of this Schedule.
6
old Act means the Australian Radiation Protection and Nuclear Safety
7
Act 1998 as in force immediately before the commencement time.
8
41 Time for requesting reviews of decisions
9
(1)
The amendment made by item 24 applies in relation to licence decisions
10
made after the commencement time.
11
(2)
The amendment made by item 28 applies in relation to directions given
12
after the commencement time.
13
42 Directions under section 41
14
Despite the repeal of subsection 41(2) of the old Act by item 27, a
15
direction that was in force under that subsection immediately before the
16
commencement time remains in force after the commencement time as
17
if it were a direction given under paragraph 41(2)(a) of the amended
18
Act.
19
43 Application of improvement notice provisions
20
Division 2 of Part 7 of the amended Act, as inserted by item 36, applies
21
to licences issued before or after the commencement time.
22
44 Relevant international agreements
23
Despite the repeal of subsection 84(3) of the old Act by item 39, the
24
Physical Protection Convention (within the meaning of the Nuclear
25
Non-Proliferation (Safeguards) Act 1987) continues to be a relevant
26
international agreement for the purposes of section 84 of the amended
27
Act until regulations made for the purposes of subsection 84(3) of the
28
amended Act commence.
29
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