Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 5 Radiation advisory committee
65 Establishment of advisory committee
The Radiation Advisory Committee is established.
66 Advisory committee—functions
The advisory committee has the following functions:
(a) advising the chief health officer on radiation safety and matters relating to radiation;
(b) developing codes of practice or standards in consultation with the chief health officer regarding the safe use and handling of radiation and radiation sources;
(c) if required by the Minister, director-general or chief health officer—investigating and reporting on any matter relevant to the administration of this Act;
(d) reviewing applications for a licence to deal with a regulated radiation source referred to the committee by the chief health officer;
(e) any other function—
(i) given to it under this Act or another territory law; or
(ii) prescribed by regulation.
67 Advisory committee—membership
(1) The advisory committee is made up of at least 4 members appointed by the director-general.
Note For laws about appointments, see the Legislation Act
, pt 19.3.
(2) The advisory committee must include—
(a) a member of the public; and
(b) a person who is a doctor registered under the Health Practitioner Regulation National Law (ACT)
in the specialist area of radiology; and
(c) a person with expert knowledge of the physical properties or biological effects of radiation; and
(d) a person who, in the director-general's opinion, has qualifications or experience relevant to assisting the committee to carry out its functions.
(3) An appointment must be for a term not longer than 3 years.
(4) The committee's functions under this Act are not affected only because of a vacancy in the committee's membership.
68 Advisory committee—ending members' appointments
The director-general may end the appointment of an advisory committee member—
(a) for misbehaviour; or
(b) for physical or mental incapacity, if the incapacity affects the exercise of the member's functions; or
(c) if the member—
(i) becomes bankrupt or personally insolvent; or
(ii) is absent, other than on leave approved by the director-general, from 3 consecutive meetings of the advisory committee; or
(iii) contravenes section 71 (Advisory committee—disclosure of members' interests) without reasonable excuse; or
(iv) contravenes section 115 (Communication or use of protected information); or
(v) commits, in Australia or elsewhere, an offence punishable by imprisonment for at least 1 year; or
(vi) contravenes any other territory law that, in the director-general's opinion, affects the member's suitability to be a member; or
(d) if the director-general is satisfied that the member's ability to function as a member is affected by an interest disclosed under section 71.
69 Advisory committee—procedures
(1) The director-general may, on the director-general's own initiative or in consultation with the advisory committee, determine the procedures for the committee.
(2) A determination under subsection (1) is a notifiable instrument.
(3) If the director-general has not made a determination about the committee's procedures, the committee may decide its own procedures in relation to anything for which a procedure is not provided under this Act.
70 Advisory committee—quorum at meetings
Business may be carried on at a meeting of the advisory committee only if at least 2 appointed members are present.
71 Advisory committee—disclosure of member interests
(1) An advisory committee member who has a relevant interest in an issue being considered, or about to be considered, by the committee must, as soon as practicable after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the committee.
(2) The disclosure must be recorded in the advisory committee's minutes and, unless the committee otherwise decides, the member must not—
(a) be present when the committee considers the issue; or
(b) take part in a decision of the committee on the issue.
(3) If, because of subsection (2), only 1 member may be present and consider the issue, the committee must not make a decision on the issue.
(4) In this section:
"relevant interest", in an issue, means—
(a) a direct or indirect financial interest in the issue; or
(b) a direct or indirect interest of any other kind if the interest could conflict with the proper exercise of the advisory committee member's functions in relation to the committee's consideration of the issue.
72 Advisory committee—reporting of disclosed interests to Minister
(1) Within 3 months after the disclosure of a relevant interest under section 71 (1), a member nominated by the committee must report to the Minister in writing about—
(a) the disclosure; and
(b) the nature of the interest disclosed; and
(c) any decision by the committee under section 71 (2).
(2) The nominated committee member must give the Minister, by 31 July each year, a statement that sets out the information given to the Minister in any report under subsection (1) that relates to disclosures made during the previous financial year.
(3) The Minister must give a copy of the statement to the relevant Assembly committee within 31 days after the day the Minister receives the statement.
(4) In this section:
"relevant Assembly committee" means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for subsection (3).
73 Advisory committee—radiation protection reports
(1) This section applies if any of the following ask the advisory committee, in writing, for advice on a radiation protection issue:
(a) the Minister;
(b) the director-general;
(c) the chief health officer.
(2) The committee must investigate and provide a written report on the issue, including a recommendation if appropriate, within—
(a) a period, stated in the request, that is not less than 7 days; or
(b) if a longer period is stated in the request—the longer period.
(3) However, if the committee reasonably needs more time to provide the report—
(a) the committee may make a written request to the person who asked for the advice for more time to provide the report; and
(b) the person may extend the period for the committee to provide the report.