Radiation Amendment (Tanning Units and Fees) Regulations 2008

i Radiation Amendment (Tanning Units and Fees) Regulations 2008 S.R. No. 167/2008 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Definitions 2 6 New regulation 6A substituted 3 6A Non-ionising radiation apparatus 3 7 New regulation 22 inserted 3 22 Secretary may reduce, waive or refund payment of application use licence fee 3 8 Licence fees for possession of non-ionising radiation apparatuses that are tanning units 3 9 Revocation of interim regulations 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 STATUTORY RULES 2008 S.R. No. 167/2008 Radiation Act 2005 Radiation Amendment (Tanning Units and Fees) Regulations 2008 The Governor in Council makes the following Regulations: Dated: 16 December 2008 Responsible Minister: DANIEL ANDREWS Minister for Health RYAN HEATH Clerk of the Executive Council 1 Objective The objective of these Regulations is to— (a) amend the Radiation Regulations 2007 to— (i) prescribe a commercial tanning unit to be a non-ionising radiation apparatus; and (ii) prescribe management licence fees for the possession of a commercial tanning unit; and (iii) make provision for the waiver, reduction or refund of the application processing component of the prescribed fee for an application for a use license; and (b) revoke the Radiation (Tanning Units Amendment) Interim Regulations 2007. -- 2 of 6 -- S.R. No. 167/2008 Radiation Amendment (Tanning Units and Fees) Regulations 2008 2 2 Authorising provision These Regulations are made under section 139 of the Radiation Act 2005. 3 Commencement (1) These Regulations (except regulation 9) come into operation on 1 February 2009. (2) Regulation 9 comes into operation on 30 January 2009. 4 Principal Regulations In these Regulations, the Radiation Regulations 2007 1 are called the Principal Regulations. 5 Definitions (1) In regulation 4 of the Principal Regulations, insert the following definitions— "commercial tanning unit means a tanning unit that is not a domestic tanning unit; domestic tanning unit means a tanning unit that is— (a) located at residential premises; and (b) not used for fee or reward;". (2) In regulation 4 of the Principal Regulations, for the definition of tanning unit substitute— "tanning unit means an electrically powered apparatus designed to produce tanning of the human skin by utilising ultraviolet radiation;". r. 2 -- 3 of 6 -- S.R. No. 167/2008 Radiation Amendment (Tanning Units and Fees) Regulations 2008 3 6 New regulation 6A substituted For regulation 6A of the Principal Regulations substitute— "6A Non-ionising radiation apparatus For the purpose of paragraph (b) of the definition of non-ionising radiation apparatus in section 3(1) of the Act, a commercial tanning unit is prescribed to be a non-ionising radiation apparatus.". 7 New regulation 22 inserted After regulation 21 of the Principal Regulations insert— "22 Secretary may reduce, waive or refund payment of application use licence fee The Secretary may, in relation to an application for a use licence— (a) reduce; or (b) waive; or (c) refund payment in whole or in part— the application processing component of the prescribed fee referred to in regulation 11(a).". 8 Licence fees for possession of non-ionising radiation apparatuses that are tanning units In Schedule 6 to the Principal Regulations, for the item relating to possession of a non-ionising radiation apparatus that is a tanning unit substitute— "Possession of a non-ionising radiation apparatus that is a commercial tanning unit 10 fee units per apparatus 19 fee units per apparatus 27 fee units per apparatus". r. 6 -- 4 of 6 -- S.R. No. 167/2008 Radiation Amendment (Tanning Units and Fees) Regulations 2008 4 9 Revocation of interim regulations The Radiation (Tanning Units Amendment) Interim Regulations 2007 2 are revoked. ═══════════════ r. 9 -- 5 of 6 -- S.R. No. 167/2008 Radiation Amendment (Tanning Units and Fees) Regulations 2008 5 ENDNOTES 1 Reg. 4: S.R. No. 89/2007 as amended by S.R. No. 148/2007. 2 Reg. 9: S.R. No. 148/2007. Endnotes -- 6 of 6 --