substitute
Division 3.2 Licenses
16 Application for licence
(1) A person may apply to the chief health officer for a licence to deal with a regulated radiation source.
(2) The application must—
(a) be in writing; and
(b) include any information prescribed by regulation.
Note Giving false or misleading information is an offence against the Criminal Code
, s 338.
(3) The chief health officer may, by written notice, require an applicant for a licence to give the chief health officer more information—
(a) that the chief health officer reasonably needs to decide the application; and
(b) within a stated time.
Examples—more information
1 information about the proposed dealings under the licence
2 information about the applicant's skills and qualifications
(4) If the applicant does not comply with a requirement in the notice, the chief health officer may refuse to issue the licence.
17 Decision about licence application
(1) If a person applies for a licence, the chief health officer must—
(a) issue the licence; or
(b) refuse to issue the licence.
Note A licence may be issued with a condition (see s 19).
(2) The chief health officer may issue the licence to the applicant, only if satisfied that the applicant is a suitable person to hold the licence in accordance with section 17A.
(3) The chief health officer must refuse to issue the licence if satisfied it is not in the public interest to issue the licence.
(4) In considering the public interest under subsection (3), the chief health officer must consider the risk of a dose limit being exceeded.
(5) Subsection (4) does not limit the matters the chief health officer may consider relevant to the public interest.
17A Suitable person to hold licence
(1) In deciding whether an applicant is a suitable person to hold a licence, the chief health officer must consider the following:
(a) whether the applicant has the knowledge, skills and experience to safely deal with the regulated radiation source the subject of the application;
(b) for an applicant who is, or was, a licensee under this Act, or a corresponding law—
(i) whether any conditions were imposed on the licence; and
(ii) if a condition was imposed on the licence—whether the applicant failed to comply with the condition; and
(iii) whether the applicant was given an improvement notice or prohibition notice; and
(iv) whether any disciplinary action was taken against the applicant; and
(v) whether the licence was amended or cancelled;
(c) whether the applicant has been convicted or found guilty of an offence against a law that relates to the applicant's ability to safely deal with a radiation source, including this Act or a corresponding law;
Examples—law that relates to applicant's ability to safely deal with radiation source
1 the Dangerous Substances Act 2004
2 the Health Practitioner Regulation National Law (ACT)
3 the Veterinary Practice Act 2018
(d) any other information prescribed by regulation.
(2) If the applicant is a corporation, the chief health officer must also consider the matters mentioned in subsection (1) for each influential person for the corporation.
(3) The chief health officer may consider anything else the chief health officer considers relevant.
18 Form of licence
(1) A licence must—
(a) be in writing; and
(b) include the following information:
(i) the full name and address of the licensee;
(ii) a unique identifying number;
(iii) the term of the licence;
(iv) any conditions on the licence;
(v) any other information prescribed by regulation; and
(c) identify or describe—
(i) each regulated radiation source to which the licence applies (the relevant source ); and
(ii) each kind of dealing authorised by the licence in relation to each relevant source.
(2) The licence may include any other information the chief health officer considers relevant.
19 Licence conditions
A licence is subject to—
(a) any condition the chief health officer imposes when issuing the licence; and
(b) any other condition prescribed by regulation.
Examples—par (a)
1 compliance with an approved code of practice or standard
2 compliance with a national incident reporting framework
3 compliance with particular requirements of inspection and reporting
4 compliance with particular security procedures
20 Term of licence
The chief health officer may issue a licence for not longer than 3 years.
21 Offence—fail to update name or address
(1) A person commits an offence if the person—
(a) is a licensee; and
(b) changes their name or address from the name or address mentioned in the licence; and
(c) does not tell the chief health officer, in writing, about the change within 14 days after the day the change happens.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
22 Amendment of licence by chief health officer
(1) The chief health officer may amend a licence at any time and on the chief health officer's own initiative.
Examples
1 changing a dealing with a radiation source authorised under a licence
2 imposing a condition on a licence
3 amending an existing condition of the licence
(2) However, the chief health officer may take action under this section (a "proposed action") only if—
(a) the chief health officer has given the licensee written notice of the proposed action; and
(b) the notice states that written comments on the proposed action may be made to the chief health officer before the end of a stated period of at least 14 days after the day the notice is issued to the person; and
(c) the chief health officer has considered any comments made before the end of the stated period.
(3) Subsection (2) does not apply if the licensee applied for, or agreed in writing to, the action.
23 Amendment of licence on application
(1) A licensee may apply to the chief health officer to amend the licensee's licence.
Examples
1 changing a dealing with a radiation source authorised under the licence
2 amending a licence condition
3 removing a licence condition
(2) The chief health officer may, by written notice, require the licensee to give the chief health officer more information the chief health officer reasonably needs to decide the application.
(3) If the licensee does not comply with a requirement under subsection (2), the chief health officer may refuse to consider the application.
(4) In deciding whether to amend the licence, the chief health officer may consider anything the chief health officer may consider under section 17 in relation to an application for a licence.
(5) On an application by a licensee to amend a licence, the chief health officer must—
(a) amend the licence in the way applied for; or
(b) refuse to amend the licence.
24 Automatic cancellation of licence
(1) This section applies if—
(a) a licence is in force in relation to a regulated radiation source; and
(b) the radiation source becomes a prohibited radiation source.
(2) The licence is automatically cancelled.
(3) The chief health officer must give written notice to the person who was the licensee within 7 days after the day the licence is cancelled.
Division 3.3 Registration of radiation sources
25 Application for registration of radiation source
(1) The owner of a regulated radiation source may apply to the chief health officer to register the radiation source.
(2) The application must—
(a) be in writing; and
(b) include a radiation management plan, for the radiation source, in accordance with section 33C; and
(c) include any other information prescribed by regulation.
Note Giving false or misleading information is an offence against the Criminal Code
, s 338.
(3) The chief health officer may, by written notice, require the applicant to give the chief health officer more information—
(a) that the chief health officer reasonably needs to decide the application; and
(b) within a stated time.
Example—more information
how people, property and the environment will be protected from unnecessary exposure to radiation from a radiation source
(4) The chief health officer may, by written notice, require that an applicant amend a radiation management plan included in an application if the chief health officer is satisfied that the plan does not adequately address the requirements under section 33C.
(5) If an applicant does not comply with a requirement under subsection (3) or (4), the chief health officer may refuse to register the radiation source.
26 Decision about radiation source registration application
(1) If a person applies for registration of a regulated radiation source, the chief health officer must—
(a) register the radiation source; or
(b) refuse to register the radiation source.
(2) In deciding whether to register the regulated radiation source, the chief health officer must consider—
(a) whether the person is a suitable person to own a regulated radiation source in accordance with section 26A; and
(b) whether it is in the public interest that the regulated radiation source be registered; and
(c) anything the chief health officer considers relevant in relation to the person's ability to comply with this Act; and
(d) any criteria prescribed by regulation.
(3) The chief health officer must refuse to register the regulated radiation source if the chief health officer is not satisfied of either matter mentioned in subsection (2) (a) or (b).
(4) If the chief health officer refuses to register the regulated radiation source, the chief health officer must tell the person about the decision as soon as practicable, but not later than 7 days, after the day the chief health officer makes the decision.
26A Suitable person to own registered regulated radiation source
(1) In deciding whether an applicant is a suitable person to own a registered regulated radiation source, the chief health officer must consider the following:
(a) whether the applicant can satisfy any relevant requirements set out in the national directory;
(b) for an applicant who is, or was, a registered owner under this Act or a corresponding law—
(i) whether any conditions were imposed on the registration; and
(ii) if a condition was imposed on the registration—whether the applicant failed to comply with the condition; and
(iii) whether the applicant was given an improvement notice or prohibition notice or the equivalent of such a notice; and
(iv) whether any disciplinary action was taken against the applicant; and
(v) whether the registration was amended or cancelled;
(c) whether the applicant has been convicted or found guilty of an offence against a law that relates to the applicant's ability to safely deal with a radiation source, including this Act or a corresponding law;
Examples—law that relates to applicant's ability to safely deal with radiation source
1 the Dangerous Substances Act 2004
2 the Health Practitioner Regulation National Law (ACT)
3 the Veterinary Practice Act 2018
(d) any other information prescribed by regulation.
(2) If the applicant is a corporation, the chief health officer must also consider the matters mentioned in subsection (1) for each influential person for the corporation.
(3) The chief health officer may consider anything else the chief health officer considers relevant.
27 Form of registration
(1) The registration of a regulated radiation source must—
(a) be in writing; and
(b) include the following information:
(i) the full name and address of the person to whom the registration is granted;
(ii) a description or identification of the radiation source;
(iii) each place where the radiation source may be kept;
(iv) the term of the registration;
(v) any conditions on the registration.
(2) The person mentioned in subsection (1) (b) (i) is the registered owner of the registered regulated radiation source.
28 Registration conditions
(1) The registration of a regulated radiation source is subject to—
(a) any condition the chief health officer imposes when registering a regulated radiation source; and
(b) any other condition prescribed by regulation.
Examples—conditions imposed on registration
1 compliance with an approved code of practice or standard
2 compliance with a national incident reporting framework
3 compliance with particular requirements of inspection and reporting
4 compliance with particular security procedures
5 requirement to tell chief health officer if radiation source is transported
(2) Also, registration of a regulated radiation source is subject to a condition that the registered owner of the regulated radiation source—
(a) has in place, a radiation management plan in accordance with the registration for the radiation source; and
(b) employs or retains at least 1 radiation safety officer in accordance with the radiation management plan for the radiation source; and
(c) ensures the radiation source operates in accordance with an approved code of practice for the radiation source.
29 Term of registration
The chief health officer may register a regulated radiation source for not longer than 3 years.
30 Registered owner must update details
(1) A person commits an offence if the person—
(a) is a registered owner of a regulated radiation source; and
(b) changes their name or address from the name or address mentioned in the registration; and
(c) does not tell the chief health officer, in writing, about the change within 14 days after the day the change happens.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
31 Amendment of registration by chief health officer
(1) The chief health officer may amend a registration at any time and on the chief health officer's own initiative.
Examples
1 changing a requirement about how the radiation source is to be kept
2 imposing a condition on a registration
3 amending an existing condition of a registration
(2) However, the chief health officer may only amend a registration under this section if—
(a) the chief health officer has given the registered owner of the regulated radiation source written notice of the proposed amendment; and
(b) the notice states that written comments on the proposed amendment may be made to the chief health officer before the end of a stated period of at least 14 days after the day the notice is issued to the person; and
(c) the chief health officer has considered any comments made before the end of the stated period.
(3) Subsection (2) does not apply if the registered owner applied for, or agrees in writing to, the proposed amendment.
32 Amendment of registration on application
(1) A registered owner of a radiation source may apply to the chief health officer to amend a registration.
Examples
1 changing a dealing with a radiation source authorised under the licence
2 amending a registration condition
3 removing a registration condition
(2) The chief health officer may, by written notice, require the registered owner to give the chief health officer additional information the chief health officer considers reasonably necessary to decide the application.
(3) If the registered owner does not comply with a requirement under subsection (2), the chief health officer may refuse to amend the registration.
(4) In deciding whether to amend the registration, the chief health officer may consider anything the chief health officer may consider under section 25 in relation to an application for a registration of a regulated radiation source.
(5) On application by a registered owner of a regulated radiation source to amend a registration, the chief health officer must—
(a) amend the registration; or
(b) refuse to amend the registration.
33 Automatic cancellation of registration
(1) This section applies if—
(a) a registration is in force in relation to a radiation source that is a regulated radiation source; and
(b) the radiation source becomes a prohibited radiation source.
(2) The registration of the radiation source is automatically cancelled.
(3) The chief health officer must give written notice to the person who was the registered owner within 7 days after the day the registration is cancelled.
Division 3.3A Radiation register
33A Radiation register
(1) The chief health officer must keep a register of the following:
(a) a licence issued under section 17;
(b) a radiation source registered under section 26;
(c) anything else prescribed by regulation.
(2) The register must include the following information:
(a) for a licence—
(i) the full name of the licensee; and
(ii) the unique identifying number for the licence; and
(iii) the dealings authorised by the licence; and
(iv) the term of the licence; and
(v) any conditions on the licence; and
(vi) any disciplinary action taken against the licensee; and
(vii) any other information prescribed by regulation;
(b) for registration of a regulated radiation source—
(i) the serial number or other unique identifying number for the radiation source; and
(ii) the kind of radiation source; and
(iii) the term of the registration; and
(iv) any conditions on the registration; and
(v) any disciplinary action taken against the registered owner; and
(vi) any other information prescribed by regulation.
(3) The register may include any other information that the chief health officer considers appropriate.
(4) The chief health officer may make the information mentioned in subsection (2) (a) and (b) available for public inspection if satisfied it is in the public interest for the information to be publicly available.
(5) The chief health officer may correct a mistake, error or omission in the register.
Division 3.3B Radiation management plan
33B Meaning of radiation management plan
In this Act:
"radiation management plan", for a regulated radiation source, means a plan about how to safely deal with a radiation source.
33C Radiation management plan
A radiation management plan for a regulated radiation source must—
(a) include the following information:
(i) the proposed dealings with the radiation source;
(ii) the proposed location of the radiation source, including how and where it will be stored;
(iii) the potential hazards associated with the radiation source;
(iv) security measures that will be in place to prevent unauthorised dealings with, or access to, the radiation source;
(v) the proposed safety measures for dealing with the radiation source, including how the radiation source will be transported or disposed of;
(vi) details of each radiation safety officer for the plan, including each radiation safety officer's qualifications in accordance with section 33E;
(vii) any other information prescribed by regulation; and
(b) provide details about how the plan will ensure that dealings with the radiation source—
(i) will protect the health and safety of people, property and the environment; and
(ii) comply with the safety duties under division 3.1.
33D Meaning of radiation safety officer
In this Act:
"radiation safety officer", for a radiation management plan, means a person who, in giving effect to the plan, does the following in relation to a radiation source mentioned in the plan:
(a) identifies ways of minimising the potential associated hazards;
(b) provides or arranges training for radiation safety and handling;
(c) monitors safety and security measures;
(d) anything else prescribed by regulation.
33E Qualifications of radiation safety officer
(1) The chief health officer may determine a qualification required for a radiation safety officer under this Act.
(2) A determination may apply, adopt or incorporate a law of another jurisdiction or an instrument as in force from time to time.
(3) A determination is a notifiable instrument.
Division 3.3C Improvement notices and prohibition notices
33F Improvement notices
(1) This section applies if an authorised person believes on reasonable grounds that—
(a) a licensee or a registered owner of a regulated radiation source—
(i) is contravening a provision of this Act; or
(ii) has contravened a provision of this Act; and
(b) the contravention relates to a dealing with a regulated radiation source.
(2) The authorised person may, by written notice (an improvement notice ), require the licensee or registered owner to—
(a) remedy the contravention; or
(b) prevent a likely contravention from occurring; or
(c) remedy the cause of the contravention or likely contravention.
(3) The chief health officer may, by written notice, require the registered owner to amend the registered owner's radiation management plan if the chief health officer is satisfied—
(a) the subject of the improvement notice relates to a matter under the radiation management plan; and
(b) the plan does not adequately address the matter.
33G Contents of improvement notices
(1) An improvement notice—
(a) must state—
(i) that it is an improvement notice under this Act; and
(ii) the provision of this Act to which it relates; and
(iii) details of the contravention; and
(iv) the period for compliance with the notice (the compliance period ); and
(b) may state particular action to be taken by the licensee or registered owner to ensure compliance with the provision of this Act to which the notice relates.
(2) An authorised person may extend the compliance period—
(a) on the authorised person's own initiative; or
(b) if the licensee or registered owner asks the authorised person, in writing, for more time to comply with the notice.
33H Prohibition notices
(1) This section applies if—
(a) a licensee or registered owner of a regulated radiation source has failed to comply with an improvement notice within the compliance period in relation to the notice; or
(b) an authorised person believes on reasonable grounds that—
(i) a licensee or a registered owner of a regulated radiation source—
(A) is contravening a safety duty; or
(B) has contravened a safety duty, and the contravention is likely to continue or repeat; and
(ii) the contravention poses a serious or immediate risk to—
(A) the health or safety of people; or
(B) property; or
(C) the environment.
(2) The authorised person may prohibit, by oral or written notice (a prohibition notice ), the licensee or registered owner doing any of the following:
(a) dealing with a stated regulated radiation source or stated kind of regulated radiation source;
(b) for a registered owner of a regulated radiation source—allowing another person to deal with the regulated radiation source;
(c) anything else in relation to a regulated radiation source.
(3) If the prohibition notice is given orally, the authorised person must—
(a) make a written record of the notice as soon as practicable, but not later than 1 business day after the day the notice is given; and
(b) give a copy of the written record to the licensee or registered owner as soon as practicable.
33I Contents of prohibition notices
A prohibition notice—
(a) must state—
(i) that it is a prohibition notice under this Act; and
(ii) if the prohibition notice is in relation to a failure to comply with an improvement notice—details of the failure to comply; and
(iii) if the prohibition notice is in relation to a failure to comply with a safety duty—the safety duty and details of the failure to comply; and
(iv) the thing that the licensee or registered owner is prohibited from doing; and
(b) may state—
(i) particular action to be taken by the licensee or registered owner to ensure compliance with the improvement notice or safety duty to which the notice relates; and
(ii) that the notice remains in effect until the licensee or registered owner is given a clearance notice.
33J Clearance notices
(1) This section applies if an authorised person—
(a) gave a prohibition notice to a licensee or registered owner of a regulated radiation source; and
(b) is satisfied on reasonable grounds that—
(i) if the prohibition notice was in relation to a failure to comply with an improvement notice—the licensee or registered owner has complied with the improvement notice; or
(ii) if the prohibition notice was in relation to a failure to comply with a safety duty—the licensee or registered owner has complied with the safety duty.
(2) The authorised person must give the licensee or registered owner written notice (a clearance notice ) that the prohibition notice has ended and when the notice ends.
33K Contravention of improvement notice and prohibition notice
(1) A person commits an offence if the person—
(a) is a licensee or a registered owner of a regulated radiation source; and
(b) is given an improvement notice; and
(c) fails to comply with the improvement notice.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if the person—
(a) is a licensee or a registered owner of a regulated radiation source; and
(b) is given a prohibition notice; and
(c) fails to comply with the prohibition notice.
Maximum penalty: 400 penalty units.