Radiation Amendment Act 2013
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Radiation Amendment Act 2013
No. 59 of 2013
TABLE OF PROVISIONS
Section Page
1 Purpose 1
2 Commencement 2
3 Principal Act 2
4 Definitions 3
5 New section 3A inserted 5
3A Activity ratios for sealed sources 5
6 Functions of the Secretary 6
7 Construction of radiation facilities prohibited in certain cases 6
8 Exemptions from holding a licence 7
9 New section 16A inserted 7
16A Exemption from transport security plan requirements 7
10 New sections 23A to 23C inserted 8
23A Offence to permit use of high consequence sealed
sources by unverified person 8
23B Offence to permit transport of high consequence
sealed sources by unverified person 8
23C Offence to permit access to high consequence sealed
sources by unverified person 9
11 New section 23D inserted 10
23D Offence to conduct a commercial tanning practice 10
12 Only approved testers who holder testers' approvals that are
in force may issue certificates of compliance 11
13 New Part 5A inserted 11
PART 5A—APPROVED ASSESSORS OF SECURITY
PLANS AND TRANSPORT SECURITY PLANS 11
36A Role of approved assessors of security plans and
transport security plans 11
36B Approved assessor must comply with conditions of
assessor's approval 12
36C Only approved assessors who hold assessor's
approvals that are in force may issue security
compliance certificates 12
36D Offence to impersonate approved assessor 12
36E Approved assessor must not knowingly issue a
security compliance certificate that is false 13
14 Who may apply for an authority 13
15 Further information for management licence applications 13
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16 Further information for facility construction licence
applications 14
17 New section 42A inserted 15
42A Further information for an assessor's approval 15
18 Variation of authority by Secretary on application of authority
holder 16
19 New Division 5 of Part 6 inserted 17
Division 5—Other matters 17
67A Guidelines on evidence as to identity 17
20 New Part 6A inserted 17
PART 6A—SECURITY PLANS AND TRANSPORT
SECURITY PLANS 17
Division 1—Security plans 17
67B Certain management licence applicants must prepare
and submit plan for approval 17
67C Contents of security plan 18
67D Management licence holders who possess high
consequence sealed sources must have approved
security plans 19
67E Approved security plan to be provided to Secretary 19
67F Review of approved security plans 20
Division 2—Transport security plans 21
67G Transport security plan 21
67H Contents of transport security plan 21
67I Review of transport security plan 22
67J Offence to transport high consequence sealed source
without transport security plan 22
Division 3—Assessment of security plans and transport
security plans 23
67K Review and approval of security plan or transport
security plan 23
67L Approved assessor to provide certificate information
to Secretary 24
Division 4—Compliance with security plans and transport
security plans 24
67M Offence to fail to comply with security plan or
transport security plan 24
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Division 5—Standards for security plans and transport
security plans and security compliance certificate 25
67N Secretary may specify security standards for high
consequence sealed sources and high consequence
groups of sealed sources 25
67O Notification of change to security standard involving
changes to security measures 26
21 New Division 7A of Part 7 inserted 27
Division 7A—Improvement notices and prohibition
notices 27
90A Secretary may issue improvement notice or
prohibition notice 27
90B Person must comply with improvement notice or
prohibition notice 28
90C Proceedings for offences affected by notices 29
22 Definitions for the purposes of review of decisions 29
23 Disclosure of information to other agencies 30
24 Regulations 30
25 New section 148 inserted 31
148 Radiation Amendment Act 2013—transitional
provision—security plans and transport security
plans 31
26 New section 149 inserted 31
149 Radiation Amendment Act 2013—transitional
provision—commercial tanning units 31
27 Repeal of amending Act 32
═══════════════
ENDNOTES 33
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Authorised Version
1
Radiation Amendment Act 2013 †
No. 59 of 2013
[Assented to 22 October 2013]
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Radiation
Act 2005—
(a) to provide for security plans for the
possession and transportation of high
consequence sealed sources and high
consequence groups of sealed sources; and
(b) to prohibit the commercial operation of tanning
units; and
Victoria
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(c) to empower the Secretary to issue
improvement notices or prohibition notices
for contraventions, or likely contraventions,
of the Act or regulations under the Act; and
(d) to make other minor and consequential
amendments to the Act.
2 Commencement
(1) Subject to subsections (2) and (3), this Act comes
into operation on a day or days to be proclaimed.
(2) Sections 11 and 26 come into operation on
1 January 2015.
(3) If a provision of this Act, other than a provision
referred to in subsection (2), does not come into
operation before 1 June 2014, it comes into
operation on that day.
3 Principal Act
In this Act the Radiation Act 2005 is called the
Principal Act.
s. 2
See:
Act No.
62/2005.
Reprint No. 1
as at
14 February
2008
and
amending
Act Nos
46/2008,
66/2008,
68/2009,
13/2010,
24/2010,
29/2010,
29/2011 and
27/2012.
LawToday:
www.
legislation.
vic.gov.au
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4 Definitions
(1) In section 3(1) of the Principal Act insert the
following definitions—
"activity ratio, for a sealed source, means the ratio
determined in accordance with section 3A;
approved assessor means a person who holds an
assessor's approval;
approved security plan means a security plan for
which an approved assessor has issued a
security compliance certificate under
section 67K;
approved transport security plan means a
transport security plan for which an
approved assessor has issued a security
compliance certificate under section 67K;
assessor's approval means an approval issued
under Part 5A;
category 1 group of sealed sources means 2 or
more sealed sources that when kept at the
same place and secured in the same way at
that place, or when transported in the same
vehicle, have an aggregate activity ratio of
greater than or equal to 1000;
category 2 group of sealed sources means 2 or
more sealed sources that when kept at the
same place and secured in the same way at
that place, or when transported in the same
vehicle, have an aggregate activity ratio of
less than 1000 but greater than or equal
to 10;
category 3 group of sealed sources means 2 or
more sealed sources that when kept at the
same place and secured in the same way at
that place, or when transported in the same
s. 4
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vehicle, have an aggregate activity ratio of
less than 10 but greater than or equal to 1;
category 1 sealed source means a sealed source
that has an activity ratio of greater than or
equal to 1000;
category 2 sealed source means a sealed source
that has an activity ratio of less than 1000 but
greater than or equal to 10;
category 3 sealed source means a sealed source
that has an activity ratio of less than 10 but
greater than or equal to 1;
high consequence group of sealed sources means
a category 1 group of sealed sources, a
category 2 group of sealed sources or a
category 3 group of sealed sources;
high consequence sealed source means a
category 1 sealed source, a category 2 sealed
source or a category 3 sealed source;
identification document, in relation to a person,
means a document that—
(a) shows the identity of a person; and
(b) is prescribed;
security compliance certificate means a certificate
issued under section 67K;
security plan means a plan prepared in accordance
with Division 1 of Part 6A;
security standard means a standard specified
under section 67N;
tanning unit means an electrically powered
radiation apparatus designed to produce
tanning of the human skin by utilising
ultraviolet radiation;
s. 4
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transport security plan means a plan prepared in
accordance with Division 2 of Part 6A;
vehicle has the same meaning as in the Road
Safety Act 1986.".
(2) In section 3(1) of the Principal Act, in the
definition of facility construction licence, for
"radiation facility;" substitute "radiation facility
or to change the use of land or an existing
building to that of a radiation facility;".
(3) In section 3(1) of the Principal Act, in the
definition of use licence holder, for "licence."
substitute "licence;".
5 New section 3A inserted
After section 3 of the Principal Act insert—
"3A Activity ratios for sealed sources
(1) For the purposes of this Act, the activity ratio
for a sealed source is to be determined in
accordance with the formula—
A
D
where—
A is the activity of the sealed source's
prescribed radionuclide in
gigabecquerel units; and
D is the value specified in the regulations
for the prescribed radionuclide.".
s. 5
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6 Functions of the Secretary
In section 9 of the Principal Act—
(a) after paragraph (d) insert—
"(da) approve assessors of security plans and
transport security plans; and
(db) specify security standards for high
consequence sealed sources and high
consequence groups of sealed sources;
and";
(b) after paragraph (h) insert—
"(ha) issue improvement notices or
prohibition notices in relation to
contraventions, or likely
contraventions, of the Act or the
regulations; and".
7 Construction of radiation facilities prohibited in
certain cases
(1) In section 14(1)(b) of the Principal Act, for
"constructed." substitute "constructed; or".
(2) After section 14(1)(b) of the Principal Act
insert—
"(c) change the use of land that they own or
occupy to use for a radiation facility unless
they hold a facility construction licence, that
is in force, that allows them to use that land
for a radiation facility; or
(d) change the use of a building that they own or
occupy to use as a radiation facility unless
they hold a facility construction licence, that
is in force, that allows them to use that
building as a radiation facility.".
s. 6
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8 Exemptions from holding a licence
(1) In section 16(1)(b) of the Principal Act, for
"notice." substitute "notice; or".
(2) After section 16(1)(b) of the Principal Act
insert—
"(c) a facility construction licence in respect of a
radiation source specified in the notice.".
9 New section 16A inserted
After section 16 of the Principal Act insert—
"16A Exemption from transport security plan
requirements
(1) The Secretary, by notice published in the
Government Gazette, may exempt a
management licence holder from preparing
and providing to the Secretary an approved
transport security plan and security
compliance certificate.
(2) An exemption may be of general or specific
application.
(3) The Secretary may only exempt a licence
holder under subsection (1) if he or she is
satisfied that the transportation of a high
consequence sealed source or a high
consequence group of sealed sources will not
pose a significant risk to the health or safety
of any person or the safety of the
environment.
(4) An exemption is subject to the terms,
conditions and limitations that are specified
in the notice.".
s. 8
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10 New sections 23A to 23C inserted
After section 23 of the Principal Act insert—
"23A Offence to permit use of high consequence
sealed sources by unverified person
(1) A management licence holder must not
direct, request or allow a person to use a high
consequence sealed source that the licence
holder possesses or controls knowing that the
licence holder has not verified the identity of
the person using an identification document.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
(2) A person does not commit an offence under
subsection (1) if the person uses the high
consequence sealed source while
accompanied by a person whose identity has
been verified by the management licence
holder using an identification document.
23B Offence to permit transport of high
consequence sealed sources by unverified
person
(1) A management licence holder must not
direct, request or allow a person to transport
a high consequence sealed source or a high
consequence group of sealed sources that the
licence holder possesses or controls knowing
that the licence holder has not verified the
identity of the person using an identification
document.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
s. 10
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(2) A person does not commit an offence under
subsection (1) if the person transports the
high consequence sealed source or a high
consequence group of sealed sources while
accompanied by a person whose identity has
been verified by the management licence
holder using an identification document.
23C Offence to permit access to high
consequence sealed sources by unverified
person
(1) A management licence holder must not
direct, request or allow a person to access a
high consequence sealed source or a high
consequence group of sealed sources that the
licence holder possesses or controls knowing
that the licence holder has not verified the
identity of the person using an identification
document.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
(2) A person does not commit an offence under
subsection (1) if the person accesses the high
consequence sealed source or high
consequence group of sealed sources
while—
(a) accompanied by a person whose
identity has been verified by the
management licence holder using an
identification document; or
(b) subject to surveillance at all times.
s. 10
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(3) In this section—
access includes having the means to unlock a
building, room, container, tank, vehicle
or any other thing or place in which a
high consequence sealed source or high
consequence group of sealed sources is
situated;
surveillance includes recorded surveillance
by any of the following—
(a) a monitored closed circuit
television camera;
(b) a motion sensor camera;
(c) anti-stay behind detection and
alarms based on motion detection;
or
(d) any other measure prescribed in
the regulations.".
11 New section 23D inserted
After section 23C of the Principal Act insert—
"23D Offence to conduct a commercial tanning
practice
A person must not—
(a) provide, or offer to provide, for fee or
reward the use of a tanning unit; or
(b) operate or offer to operate for fee or
reward a tanning unit.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.".
s. 11
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12 Only approved testers who holder testers' approvals
that are in force may issue certificates of compliance
(1) For the penalty at the foot of section 27(1) of the
Principal Act substitute—
"Penalty: 60 penalty units.".
(2) Section 27(2) of the Principal Act is repealed.
13 New Part 5A inserted
After Part 5 of the Principal Act insert—
"PART 5A—APPROVED ASSESSORS OF
SECURITY PLANS AND TRANSPORT
SECURITY PLANS
36A Role of approved assessors of security
plans and transport security plans
The role of an approved assessor is to—
(a) assess a security plan or transport
security plan to determine whether—
(i) the plan meets the requirements
set out in section 67C or 67H
(as the case requires); and
(ii) the plan meets the standards
specified by the Secretary under
section 67N; and
(b) issue security compliance certificates in
respect of security plans and transport
security plans if the relevant plans meet
the specified standards.
s. 12
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36B Approved assessor must comply with
conditions of assessor's approval
(1) An approved assessor must not knowingly,
recklessly or negligently fail to comply with
every condition of his or her assessor's
approval.
Penalty: 600 penalty units.
Note
The Secretary may impose conditions on an assessor's
approval under section 47.
(2) An offence under this section is an indictable
offence.
36C Only approved assessors who hold
assessor's approvals that are in force may
issue security compliance certificates
A person must not issue a security
compliance certificate in relation to a
security plan or a transport security plan
unless he or she holds an assessor's approval
that is in force.
Penalty: 60 penalty units.
36D Offence to impersonate approved assessor
A person must not directly or indirectly
represent that he or she is an approved
assessor unless the person is an approved
assessor.
Penalty: 60 penalty units.
s. 13
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36E Approved assessor must not knowingly
issue a security compliance certificate that
is false
(1) An approved assessor must not knowingly
issue a security compliance certificate
knowing that it is false or misleading in a
material particular.
Penalty: 600 penalty units.
(2) An offence under this section is an indictable
offence.
__________________".
14 Who may apply for an authority
(1) In section 37(2)(b) of the Principal Act, for
"approval." substitute "approval; or".
(2) After section 37(2)(b) of the Principal Act
insert—
"(c) an assessor's approval.".
15 Further information for management licence
applications
(1) In section 39(b) of the Principal Act, for
"practice." substitute "practice; and".
(2) After section 39(b) of the Principal Act insert—
"(c) if the radiation practice to be conducted
includes possession of a high consequence
sealed source or high consequence group of
sealed sources—
(i) a copy of an approved security plan and
security compliance certificate issued
by an approved assessor for that source
or group of sealed sources; and
(ii) if the applicant is a natural person,
evidence of the person's identity; and
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(iii) if the applicant is a body corporate,
evidence of the identity of the person
who is to be responsible for the security
of a high consequence sealed source or
high consequence group of sealed
sources under the licence; and
(d) if the radiation practice to be conducted
includes transport of a high consequence
sealed source or high consequence group of
sealed sources—
(i) if the applicant is a natural person,
evidence of the person's identity; and
(ii) if the applicant is a body corporate,
evidence of the identity of the person
who is to be responsible for the security
of a high consequence sealed source or
high consequence group of sealed
sources under the licence.".
(3) At the end of section 39 of the Principal Act
insert—
"(2) Evidence of the person's identity that is
required under subsection (1)(c) or (1)(d)
must be in accordance with the guidelines
prepared under section 67A.".
16 Further information for facility construction licence
applications
(1) In section 41(a)(i) and (ii) of the Principal Act, for
"constructed;" substitute "constructed or used;".
(2) In section 41(b) of the Principal Act, for "that
facility." substitute "that facility; and".
(3) After section 41(b) of the Principal Act insert—
"(c) in the case of land to be used for, or a
building that is to be used as, a radiation
facility that is owned or occupied by a
person other than the applicant, be
s. 16
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accompanied by written evidence of the
consent of the owner or occupier of the land
or building proposed to be used as a
radiation facility for that facility; and
(d) in the case of a radiation facility to be
constructed or used that will house a high
consequence sealed source or high
consequence group of sealed sources—
(i) a copy of an approved security plan and
security compliance certificate issued
by an approved assessor for that sealed
source or group of sealed sources; and
(ii) if the applicant is a natural person,
evidence of the person's identity; and
(iii) if the applicant is a body corporate,
evidence of the identity of the person
who is to be responsible for the security
of the high consequence sealed source
or high consequence group of sealed
sources under the licence.".
(4) At the end of section 41 of the Principal Act
insert—
"(2) Evidence of the person's identity that is
required under subsection (1)(d)(ii) or (iii)
must be in accordance with the guidelines
prepared under section 67A.".
17 New section 42A inserted
After section 42 of the Principal Act insert—
"42A Further information for an assessor's
approval
An application under section 37 for an
assessor's approval must also include
evidence of the applicant's qualifications
(if any) that may be relevant to an approved
s. 17
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assessor carrying out his or her duties under
this Act or the regulations.".
18 Variation of authority by Secretary on application
of authority holder
(1) In section 66(2)(b)(ii) of the Principal Act, for
"(if any)." substitute "(if any); and".
(2) After section 66(2)(b) of the Principal Act
insert—
"(c) in the case of an application for a variation to
a management licence that allows the
possession of a high consequence sealed
source or high consequence group of sealed
sources, must include—
(i) a copy of an approved security plan and
security compliance certificate issued
by an approved assessor for that sealed
source or group of sealed sources; and
(ii) if the applicant is a natural person,
evidence of the person's identity; and
(iii) if the applicant is a body corporate,
evidence of the identity of the person
who is to be responsible for the security
of the high consequence sealed source
or high consequence group of sealed
sources under the licence; and
(d) in the case of an application for a variation to
a management licence that allows the
transport of a high consequence sealed
source or high consequence group of sealed
sources, must include—
(i) if the applicant is a natural person,
evidence of the person's identity; and
(ii) if the applicant is a body corporate,
evidence of the identity of the person
who is to be responsible for the security
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of the high consequence sealed source
or high consequence group of sealed
sources under the licence.".
(3) After section 66(2) of the Principal Act insert—
"(2A) Evidence of the person's identity that is
required under subsection (2)(c) or (2)(d)
must be in accordance with the guidelines
prepared under section 67A.".
19 New Division 5 of Part 6 inserted
After Division 4 of Part 6 of the Principal Act
insert—
"Division 5—Other matters
67A Guidelines on evidence as to identity
(1) The Secretary may prepare guidelines for the
purpose of guiding applicants for authorities
as to what is required for the purposes of
sections 23A, 23B, 23C, 39, 41 and 66.
(2) Guidelines prepared under subsection (1)
must be published in the Government
Gazette.".
20 New Part 6A inserted
After Part 6 of the Principal Act insert—
"PART 6A—SECURITY PLANS AND
TRANSPORT SECURITY PLANS
Division 1—Security plans
67B Certain management licence applicants
must prepare and submit plan for
approval
The following persons must prepare and
submit a security plan to an approved
assessor for approval under this Part—
s. 19
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(a) an applicant for a management licence
who intends to possess a high
consequence sealed source or high
consequence group of sealed sources;
(b) an applicant for a facility construction
licence who intends to construct or use
land for or a building as a radiation
facility that will house a high
consequence sealed source or high
consequence group of sealed sources;
(c) a management licence holder who
intends to make an application to vary
their management licence in order to
possess a high consequence sealed
source or high consequence group of
sealed sources.
67C Contents of security plan
(1) A security plan prepared and submitted
under section 67B must—
(a) address the security standard specified
by the Secretary under section 67N for
the high consequence sealed source or
high consequence group of sealed
sources in relation to which the
applicant for, or holder of, a
management licence will conduct a
radiation practice; and
(b) set out the security measures to be
implemented to control any issues
identified in the security standard; and
(c) include any other matters specified by
the Secretary in accordance with
subsection (2); and
(d) be in the form specified by the
Secretary.
s. 20
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(2) The Secretary, by notice published in the
Government Gazette, may specify any
additional matters that must be addressed by
the security plan.
67D Management licence holders who possess
high consequence sealed sources must
have approved security plans
(1) A management licence holder must at all
times have an approved security plan for
every high consequence sealed source or
every high consequence group of sealed
sources the holder is licensed to possess.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
(2) An offence under this section is an indictable
offence.
67E Approved security plan to be provided to
Secretary
A management licence holder who is
licensed to possess a high consequence
sealed source or high consequence group of
sealed sources must not knowingly fail to
provide to the Secretary, within 30 days after
receiving a security compliance certificate
for a security plan relating to the high
consequence sealed source or high
consequence group of sealed sources, a copy
of the approved security plan.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
s. 20
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67F Review of approved security plans
(1) Subject to subsection (2), a management
licence holder who is licensed to possess a
high consequence sealed source or high
consequence group of sealed sources must
submit to the Secretary a revised security
plan that has been approved by an approved
assessor as soon as practicable after—
(a) a significant change in the operation of,
or to the environment in which, the
radiation practice involving the high
consequence sealed source or high
consequence group of sealed sources is
being conducted; or
(b) the licence holder has been notified of
an amendment to the security standard
under section 67O.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) An approved security plan is not required to
be revised, approved and submitted under
subsection (1) if the only change to the
operation of, or to the environment in which,
the radiation practice involving the high
consequence sealed source or high
consequence group of sealed sources is being
conducted is any of the following—
(a) the name of the natural person who is
responsible for implementing the plan;
(b) any change to the details of the
management licence that do not relate
to possession or transport of a high
consequence sealed source or high
consequence group of sealed sources;
s. 20
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(c) an amendment to the plan that is
prescribed by the regulations for the
purposes of this subsection.
Division 2—Transport security plans
67G Transport security plan
(1) Subject to subsection (2), a management
licence holder who is licensed to transport a
high consequence sealed source or high
consequence group of sealed sources must,
in accordance with this Part, prepare, and
submit to an approved assessor for approval
under this Part, a transport security plan each
time the licence holder proposes to transport
a high consequence sealed source or high
consequence group of sealed sources.
(2) In the case of a proposal to transport similar
category 2 sealed sources or category 3
sealed sources, or a category 2 group of
sealed sources or category 3 group of sealed
sources, using a series of shipments, a single
transport security plan may be prepared if the
plan includes details for each shipment.
67H Contents of transport security plan
(1) A transport security plan must—
(a) address the security standard specified
under section 67N for the high
consequence sealed sources or high
consequence groups of sealed sources
proposed to be transported; and
(b) set out the security measures to be
implemented to control any issues
identified in the security standard; and
(c) include any other matters specified by
the Secretary in accordance with
subsection (2); and
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(d) be in the form specified by the
Secretary.
(2) The Secretary, by notice published in the
Government Gazette, may specify any
additional matters that must be addressed by
the transport security plan.
67I Review of transport security plan
A management licence holder who is
licensed to transport a high consequence
sealed source or high consequence group of
sealed sources in respect of which there is an
approved transport security plan that
provides for a series of shipments must
submit to the Secretary a revised transport
security plan that has been approved by an
approved assessor as soon as practicable
after a significant change to the manner in
which a high consequence sealed source or
high consequence group of sealed sources is
to be transported.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
67J Offence to transport high consequence
sealed source without transport security
plan
A management licence holder who is
licensed to transport a high consequence
sealed source or high consequence group of
sealed sources must not transport a high
consequence sealed source or high
consequence group of sealed sources
knowing that—
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(a) there is no approved transport security
plan for that sealed source or group of
sealed sources; or
(b) a copy of the approved transport
security plan and security compliance
certificate has not been submitted to the
Secretary—
(i) in the case of a proposal to
transport a category 1 sealed
source or a category 1 group of
sealed sources, at least 7 days
before the transport is proposed to
take place; or
(ii) in the case of a proposal to
transport a category 2 sealed
source, a category 3 sealed source,
a category 2 group of sealed
sources or category 3 group of
sealed sources, at least 7 days
before the transport (or first
transport in the case of a series of
shipments) is proposed to take
place.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
Division 3—Assessment of security plans and
transport security plans
67K Review and approval of security plan or
transport security plan
(1) On receipt of a security plan or transport
security plan, an approved assessor must
assess the plan against the applicable
security standard.
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(2) If, after the assessment, the approved
assessor is of the view that the security plan
or transport security plan meets the
applicable security standard, the approved
assessor must issue a security compliance
certificate in respect of that security plan or
transport security plan.
(3) A security compliance certificate must—
(a) be in the form approved by the
Secretary; and
(b) contain any information required by the
Secretary; and
(c) be given to the person who requested
the assessment of the security plan or
transport security plan.
67L Approved assessor to provide certificate
information to Secretary
An approved assessor must provide to the
Secretary the information contained in the
security compliance certificate—
(a) in writing; and
(b) within 7 days after issuing the
certificate.
Division 4—Compliance with security plans
and transport security plans
67M Offence to fail to comply with security
plan or transport security plan
A management licence holder who is
licensed to possess or transport a high sealed
consequence sealed source or high
consequence group of sealed sources must
not knowingly fail to comply with the most
recent approved security plan or approved
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transport security plan for that sealed source
or group of sealed sources.
Penalty: In the case of a natural person,
1200 penalty units;
In the case of a body corporate,
6000 penalty units.
Division 5—Standards for security plans and
transport security plans and security
compliance certificate
67N Secretary may specify security standards
for high consequence sealed sources and
high consequence groups of sealed sources
(1) The Secretary must, in respect of high
consequence sealed sources and high
consequence groups of sealed sources,
specify a security standard that a security
plan or transport security plan must meet to
be approved by an approved assessor.
(2) A security standard specified under this
section must set out security measures that
must be met according to the level of threat
from terrorist activity in relation to radiation
sources.
(3) On specifying a security standard, the
Secretary must publish—
(a) notice of that specification in the
Government Gazette; and
(b) the security standard on the Internet.
(4) A security standard specified under this
section takes effect on and from the date on
which notice of its specification is published
in the Government Gazette or a later date
that is specified in the notice.
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67O Notification of change to security
standard involving changes to security
measures
(1) This section applies if the Secretary amends
a security standard and the amendment
relates to a security measure set out in the
standard.
(2) The Secretary must, in writing, notify the
following persons of the amendment of the
security standard and the details of the
amendment—
(a) every management licence holder who
is licensed to possess a high
consequence sealed source or a high
consequence group of sealed sources, if
the approved security plan relating to
that sealed source or group of sealed
sources contains matter to which the
amendment relates;
(b) every management licence holder who
is licensed to transport a high
consequence sealed source or a high
consequence group of sealed sources, if
the approved transport security plan
relating to that sealed source or group
of sealed sources contains matter to
which the amendment relates;
(c) every approved assessor.
__________________".
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21 New Division 7A of Part 7 inserted
After Division 7 of Part 7 of the Principal Act,
insert—
"Division 7A—Improvement notices and
prohibition notices
90A Secretary may issue improvement notice
or prohibition notice
(1) This section applies if the Secretary believes
that a person—
(a) has contravened a provision of this Act
or the regulations in circumstances that
make it likely that the contravention is
continuing or will reoccur; or
(b) is likely to contravene a provision of
this Act or the regulations.
(2) If this section applies, the Secretary may
issue to the person—
(a) an improvement notice requiring the
person to remedy the contravention or
likely contravention or the matters or
activities causing the contravention or
likely contravention; or
(b) a prohibition notice prohibiting the
carrying on of the activity, or the
carrying on of the activity in a specified
way, until the Secretary has certified in
writing that the contravention has
ceased or that the likelihood of the
contravention occurring has passed.
(3) An improvement notice or a prohibition
notice must—
(a) state the grounds on which the issue of
the improvement notice or prohibition
notice is based;
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(b) specify the provision of this Act or the
regulations that the Secretary considers
has been or is likely to be contravened;
(c) specify the actions or measures that the
person is required to take and the
period within which the actions or
measures are to be completed;
(d) set out the penalty for contravening the
improvement notice or prohibition
notice;
(e) state how the person may seek review
of the issue of the improvement notice
or prohibition notice;
(f) include a statement as to the effect of
section 90C.
(4) An improvement notice or a prohibition
notice issued under this section remains in
force until the Secretary notifies, in writing,
the person who received the notice that it is
no longer in force.
90B Person must comply with improvement
notice or prohibition notice
(1) A person to whom an improvement notice or
a prohibition notice is issued for a
contravention of this Act must comply with
the improvement notice or prohibition
notice.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
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(2) A person to whom an improvement notice or
a prohibition notice is issued for a
contravention of the regulations must comply
with the improvement notice or prohibition
notice.
Penalty: 20 penalty units.
90C Proceedings for offences affected by
notices
(1) Subject to subsection (2), the issue of an
improvement notice or a prohibition notice
does not affect any proceedings for an
offence against this Act or the regulations in
connection with any matter in respect of
which the improvement notice or prohibition
notice was issued.
(2) If a person fulfils all the requirements of an
improvement notice or a prohibition notice,
at the expiry of the notice, no proceeding
may be commenced for the offence against
this Act or the regulations constituted by the
contravention or alleged contravention to
which that improvement notice or
prohibition notice related.".
22 Definitions for the purposes of review of decisions
(1) In section 100 of the Principal Act, in the
definition of eligible person, after paragraph (c)
insert—
"(d) a person to whom an improvement notice or
a prohibition notice has been issued under
section 90A;".
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(2) In section 100 of the Principal Act, in the
definition of reviewable decision—
(a) in paragraph (c), for "Secretary." substitute
"Secretary;";
(b) after paragraph (c) insert—
"(d) in relation to a person to whom an
improvement notice or a prohibition
notice has been issued under
section 90A, a decision of the Secretary
to issue the notice.".
23 Disclosure of information to other agencies
In section 136(1) of the Principal Act—
(a) after paragraph (e) insert—
"(ea) Victoria Police;"; and
(b) after paragraph (g) insert—
"(ga) the Australian Security Intelligence
Organisation and other Australian
intelligence agencies;".
24 Regulations
After section 139(1)(d) of the Principal Act
insert—
"(da) requiring a management licence holder to
keep records of—
(i) the names of the persons whose identity
the licence holder has verified for the
purpose of section 23A, 23B or 23C;
and
(ii) the identification documents used for
that purpose;".
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25 New section 148 inserted
After section 147 of the Principal Act insert—
"148 Radiation Amendment Act 2013—
transitional provision—security plans and
transport security plans
(1) Part 6A does not apply to a management
licence holder who, immediately before the
commencement of section 20 of the
Radiation Amendment Act 2013, was
licensed to possess, or possess and transport,
one or more high consequence sealed
sources or high consequence group of sealed
sources until 12 months after that
commencement date.
(2) Part 6A does not apply to a management
licence holder who, immediately before the
commencement of section 20 of the
Radiation Amendment Act 2013, was
licensed to transport one or more high
consequence sealed sources or high
consequence group of sealed sources until
6 months after that commencement date.".
26 New section 149 inserted
After section 148 of the Principal Act insert—
"149 Radiation Amendment Act 2013—
transitional provision—commercial
tanning units
(1) On and from the commencement of
section 11 of the Radiation Amendment
Act 2013, the Secretary must cancel a
management licence authorising the conduct
of a radiation practice involving a tanning
unit.
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(2) On the cancellation of a management licence
under subsection (1), the former holder of
that licence is entitled to a refund of any
amount paid for the licence that is for a
period after that cancellation.".
27 Repeal of amending Act
This Act is repealed on 1 January 2016.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 21 August 2013
Legislative Council: 19 September 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Radiation Act 2005 to further provide for security plans for the
possession and transportation of high consequence sealed sources and
high consequence groups of sealed sources, to prohibit the commercial
operation of tanning units and to empower the Secretary to issue
improvement notices and prohibition notices for contraventions or likely
contraventions of that Act and regulations made under that Act and for
other purposes."
Endnotes
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