Radiation Act 2005

i Radiation Act 2005 Act No. 62/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Declarations that certain materials and apparatuses are not radiation sources 10 5. Tabling and disallowance of declarations under section 4 11 6. Crown to be bound 12 PART 2—THE RADIATION PROTECTION PRINCIPLE 13 7. The Radiation Protection Principle 13 8. Interpretation that promotes the Radiation Protection Principle to be preferred 14 PART 3—THE ROLE OF THE SECRETARY 15 9. Functions of the Secretary 15 10. General powers of the Secretary 16 11. Secretary must have regard to the Radiation Protection Principle and NDRP 16 PART 4—LICENSED ACTIVITIES 17 12. Conduct of radiation practice prohibited unless licensed 17 13. Use of a radiation source prohibited unless licensed 17 14. Construction of radiation facilities prohibited in certain cases 18 15. Licence holders must comply with conditions of licence 18 16. Exemptions from holding a licence 19 17. Persons must not falsely represent that they are licence holders 20 18. Offence to allow persons who do not hold a use licence to use a radiation source 20 19. Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence 21 20. Secretary to be notified of loss or theft of radiation source 21 -- 1 of 129 -- Section Page ii 21. Offence to abandon radiation source 22 22. Offences to cause another person to receive a higher radiation dose than is prescribed 22 23. Offences to cause serious harm to the environment 23 PART 5—APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES 24 Division 1—Introductory 24 24. Definitions 24 Division 2—Approved Testers 24 25. Role of approved testers 24 26. Approved testers must comply with conditions of tester's approval 25 27. Only approved testers who hold testers' approvals that are in force may issue certificates of compliance 25 28. Offence to impersonate approved tester 25 Division 3—Radiation Safety Standards and Tests 25 29. Secretary may specify radiation safety standards 25 30. Secretary may specify radiation safety tests 26 31. Standards and tests specified by Secretary may incorporate documents and other material 27 Division 4—Testing and Certificates of Compliance 27 32. Testing in accordance with specified radiation safety tests 27 33. Certificates of compliance 28 34. Approved testers to provide certificate information to Secretary 28 35. Approved tester must not knowingly issue a certificate of compliance that is false 29 Division 5—Use of Prescribed Radiation Sources 29 36. Use of prescribed radiation sources prohibited unless there is a certificate of compliance 29 PART 6—AUTHORITIES UNDER THE ACT 30 Division 1—Issue of Authorities 30 37. Who may apply for an authority? 30 38. Form of application 30 39. Further information for management licence applications 30 40. Further information for use licence applications 31 41. Further information for facility construction licence applications 31 -- 2 of 129 -- Section Page iii 42. Further information for a tester's approval application 32 43. Consideration of application for and issue of authority 32 44. Further considerations in relation to use licence applications 33 45. Requests for certain information from a relevant health practitioner board about an applicant 36 46. Further considerations in relation to a tester's approval application 36 47. Conditions of authority 37 48. Period and date of expiry of authority 37 49. When authority takes effect 38 50. Content of authority 38 Division 2—Renewal of Authorities 39 51. Application for renewal of authority 39 52. Consideration of application for and issue of renewal of authority 40 53. Period and date of expiry of renewed authority 41 54. Conditions of renewed authority 41 55. Content of renewed authority 41 Division 3—Suspension and Cancellation of Authorities 42 56. Suspension or cancellation of authority 42 57. Show cause notice 43 58. Representations about show cause notices 43 59. Ending show cause process without further action 44 60. Suspension or cancellation 44 61. Return of cancelled authority to Secretary 48 62. Immediate suspension of authority in urgent circumstances 48 63. Effect of suspension on authorities 50 Division 4—Other Actions in Relation to Authorities 50 64. Transfer of management licence or facility construction licence 50 65. Variation of authority by Secretary on his or her own initiative 52 66. Variation of authority by Secretary on application of authority holder 52 67. Surrender of authority 54 PART 7—ENFORCEMENT 55 Division 1—Introductory 55 68. Definitions 55 Division 2—Authorised Officers 55 69. Appointment 55 70. Authorised officer's identity card 55 71. Production of identity card 56 -- 3 of 129 -- Section Page iv 72. Authorised officers must cease exercising powers if they do not produce identity card on request 56 73. Authorised officers subject to Secretary's direction 56 Division 3—Entry Powers of Authorised Officers 56 74. Power to enter places 56 75. Procedure for entry without consent 57 76. Procedure for entry with consent 58 Division 4—Investigation and Enforcement Powers of Authorised Officers 59 77. General powers of authorised officers 59 78. Power to direct persons to produce documents, operate equipment, answer questions etc. 61 Division 5—Search Warrants 62 79. Issue of search warrants 62 80. Announcement before entry on warrant 63 81. Copy of warrant to be given to occupier 64 Division 6—Seized Things and Samples Taken 64 82. Authorised officers to give receipts for seized things and samples taken 64 83. Copies of seized documents 65 84. Retention and return of seized documents or things 65 85. Magistrates' Court may extend 3 month period 66 86. Forfeiture and destruction of seized things 67 87. Secretary may cause forfeited things to be destroyed or otherwise disposed of 67 Division 7—Examinations, Analyses, Measurement and Testing 68 88. Examination, analysis, measurement or testing of things seized or samples taken 68 89. Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place 69 90. Certificates must indicate methodology used 69 Division 8—Miscellaneous 69 91. Offence to impersonate an authorised officer 69 PART 8—RADIATION EMERGENCIES 70 92. Definition 70 93. Secretary to give authorisation for exercise of emergency powers 70 94. How may an authorisation be given? 70 95. Extension of period of time authorisation is in force 71 -- 4 of 129 -- Section Page v 96. What is authorised? 71 97. Authorised officers to display identity cards at all times when exercising emergency powers 73 98. Use of reasonable and necessary force 73 99. Compensation 73 PART 9—REVIEW OF DECISIONS 76 100. Definitions 76 101. Review 77 102. VCAT review of certain decisions of Secretary 79 PART 10—THE RADIATION ADVISORY COMMITTEE 80 103. Radiation Advisory Committee 80 104. Membership 80 105. Acting appointments 80 106. Proceedings of the Committee 81 107. Function of the Committee 81 108. Consultation in carrying out its function 82 109. Assistance 82 110. Annual reports 82 111. Minister to lay annual reports before Houses of Parliament 82 PART 11—GENERAL 83 Division 1—Radiation Analysts 83 112. Appointment of radiation analysts 83 113. Radiation analyst's terms and conditions 83 114. Functions of radiation analysts 84 Division 2—Other Offences 84 115. Tampering with radiation sources sealed by authorised officers 84 116. False and misleading information 85 117. Offence to hinder or obstruct an authorised officer 85 Division 3—Infringements 85 118. Definition 85 119. Power to serve a notice 85 120. Form of notice 86 121. Infringement penalties 87 122. Late payment of penalty 87 123. Withdrawal of notice 87 124. Payment expiates offence 88 125. Payment not to have certain consequences 88 126. Prosecution after service of infringement notice 89 -- 5 of 129 -- Section Page vi Division 4—Provisions Relating to Offences 89 127. Self-incrimination 89 128. Offences by corporations 89 129. Time within which proceedings for offences may be brought 90 130. Evidence of signatures 90 131. Evidentiary certificates 91 Division 5—Compensation and Recovery of Costs 93 132. Orders for compensation and the recovery of certain costs immediately after a finding of guilt 93 133. Cost recovery by Secretary in certain cases where persons do not comply with a direction 95 Division 6—Reporting 96 134. Annual report 96 135. Secretary to notify CEO of ARPANSA of prescribed radiation incidents 96 Division 7—Miscellaneous 97 136. Disclosure of information to other agencies 97 137. Secretary and authorised officers need not be licensed to exercise powers or perform duties 99 138. Register 99 139. Regulations 100 PART 12—SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS 105 Division 1—Amendment of Acts 105 140. Repeal of Health Act 1958 radiation provisions 105 141. Dangerous Goods Act 1985—Consequential amendment 105 142. Environment Protection Act 1970—Consequential amendment 106 143. Magistrates' Court Act 1989—Indictable offences under this Act triable summarily 106 144. Nuclear Activities (Prohibitions) Act 1983—Consequential amendments 107 145. Road Transport (Dangerous Goods) Act 1995— Consequential amendment 107 Division 2—Savings and Transitionals 107 146. Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions 107 147. Other savings and transitional matters 108 __________________ -- 6 of 129 -- Section Page vii SCHEDULE—Savings and Transitionals 109 ═══════════════ ENDNOTES 116 INDEX 117 -- 7 of 129 -- 1 Radiation Act 2005 † [Assented to 20 September 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The purpose of this Act is to protect the health and safety of persons and the environment from the harmful effects of radiation. Victoria No. 62 of 2005 -- 8 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 2 2. Commencement (1) Section 1, section 146 and this section come into operation on the day after the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 September 2007. 3. Definitions (1) In this Act— "approved tester" means a person who holds a tester's approval; "authorised officer" means a person appointed under section 69; "authority" means— (a) a facility construction licence; (b) a management licence; (c) a use licence; (d) a tester's approval; "authority holder" means a licence holder or approved tester; "certificate of compliance" means a certificate issued under section 33(1); "certificate of examination and analysis" means a certificate completed in accordance with section 88 or 89; "clean up" includes any measures— (a) to remove, destroy or otherwise dispose of any radiation source; and (b) to restore a place to a state as close as practicable to the state it was in immediately before the emission of radiation from a radiation source; and s. 2 -- 9 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 3 (c) to assess the nature and extent of the damage and risk caused by any emission of radiation from a radiation source; and (d) to take any measurement, recording or sample or to prepare any report, plan, drawing or other document, or to make any inspection, calculation, test or analysis relating to the emission of radiation from a radiation source; and (e) to retain any consultant, contractor, expert, agency or person for the purpose of taking any clean up measures referred to in paragraphs (a) to (d); and (f) to determine the most appropriate action to take in relation to the measures set out in paragraphs (a) to (e); "Committee" means the Radiation Advisory Committee established under section 103; "Department" means the Department of Human Services; "facility construction licence" means a licence issued under Part 6 allowing the licence holder to construct a radiation facility; "facility construction licence holder" means a person who holds a facility construction licence; s. 3 -- 10 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 4 "ionising radiation" means electromagnetic or particulate radiation capable of producing ions directly or indirectly but does not include electromagnetic radiation of a wavelength of greater than 100 nanometres; "ionising radiation apparatus" means an apparatus that produces ionising radiation when energised but does not include— (a) a sealed source apparatus; or (b) an apparatus that is— (i) prescribed by the regulations not to be an ionising radiation apparatus; or (ii) declared not to be an ionising radiation apparatus under section 4; "licence" means a facility construction licence, a management licence or a use licence; "licence holder" means a facility construction licence holder, a management licence holder or a use licence holder; "management licence" means a licence issued under Part 6 allowing the licence holder to conduct the radiation practice specified in that licence; "management licence holder" means a person who holds a management licence; s. 3 -- 11 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 5 "National Directory for Radiation Protection" or "NDRP" means the National Directory for Radiation Protection— (a) published from time to time by the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth; and (b) as amended from time to time— and includes any matter contained in any document, code, standard, guideline, rule, specification or method formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by the National Directory for Radiation Protection whether that document, code, standard, guideline, rule, specification or method is formulated, issued, prescribed or published— (c) at the time the National Directory for Radiation Protection is published or at any time before then; or (d) from time to time; "non-ionising radiation" means electromagnetic radiation of a wavelength of greater than 100 nanometres; "non-ionising radiation apparatus" means an apparatus that— (a) produces non-ionising radiation when energised; and (b) is prescribed by the regulations to be a non-ionising radiation apparatus; s. 3 -- 12 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 6 "place" includes a public place, residential premises, a building or a part of a building or a vehicle; "public place" means a place, or part of a place, that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; Examples Examples of public places include— (a) streets, roads, footpaths and passages (whether or not on private property); (b) forecourts of public and commercial buildings; (c) carparks; (d) parks, gardens and recreation reserves; "radiation analyst" means a person appointed under section 112; "radiation apparatus" means an ionising radiation apparatus or non-ionising radiation apparatus; "radiation facility" means a facility that is prescribed by the regulations to be a radiation facility but does not include— (a) a mill or facility of the kind described in section 8 of the Nuclear Activities (Prohibitions) Act 1983; or (b) a nuclear reactor or nuclear power reactor within the meaning of the Nuclear Activities (Prohibitions) Act 1983— the construction or operation of which is prohibited by section 8 of that Act; s. 3 -- 13 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 7 "radiation practice" means any of the following activities— (a) possessing a radiation source; (b) selling a radiation source; (c) transporting radioactive material; (d) repairing a radiation source; (e) maintaining a radiation source; (f) testing a radiation source where that testing does not involve using a radiation source; (g) mining radioactive material; (h) processing radioactive material; (i) disposing of a radiation source; (j) decommissioning a radiation facility; (k) procuring or arranging research involving the irradiation of persons; (l) any activity (not referred to in paragraphs (a) to (k)) conducted in relation to a radiation source that may result in exposing a person or the environment to radiation— but does not include— (m) an activity referred to in paragraphs (a) to (l) that is prescribed by the regulations not to be a radiation practice; or (n) using a radiation source; Note: A person who carries out an activity referred to paragraphs (b) to (l) during the course of his or her employment is not to be taken to be conducting a radiation practice: see sub- section (2). s. 3 -- 14 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 8 "Radiation Protection Principle" means the principle set out in section 7; "radiation source" means— (a) radioactive material; (b) a radiation apparatus; (c) a sealed source apparatus; "radioactive material" means— (a) any material that spontaneously emits ionising radiation that— (i) has an activity concentration equal to, or greater than, the amount prescribed by the regulations; and (ii) consists of, or contains, an activity equal to, or greater than, the amount prescribed by the regulations; or (b) any material that spontaneously emits ionising radiation that— (i) has an activity concentration, or consists of, or contains, an activity, less than the amount prescribed by the regulations; and (ii) occurs in prescribed circumstances— but does not include— (c) raw material with unmodified concentrations of radionuclides unless that material is prescribed by the regulations to be radioactive material; s. 3 -- 15 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 9 (d) material that is— (i) prescribed by the regulations not to be radioactive material; or (ii) declared not to be radioactive material under section 4; "register" means the register established and maintained under section 138; "sealed source" means radioactive material that is— (a) permanently sealed in a capsule; or (b) closely bound and in solid form; "sealed source apparatus" means an apparatus that produces ionising radiation because it contains a sealed source but does not include an apparatus that is— (a) prescribed by the regulations not to be a sealed source apparatus; or (b) declared not to be a sealed source apparatus under section 4; "Secretary" means the Secretary to the Department; "tester's approval" means an approval issued under Part 6; "Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; s. 3 -- 16 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 10 "use", in relation to a radiation source, means actual use by a natural person of a radiation source and includes— (a) the use of radiation emitted from a radiation source; (b) the injection, or implanting, of radioactive material into a person or animal; "use licence" means a licence issued under Part 6 allowing the licence holder to use a radiation source; "use licence holder" means a person who holds a use licence. (2) For the purposes of this Act, a person who carries out an activity referred to paragraphs (b) to (l) of the definition of "radiation practice" during the course of his or her employment is not to be taken to be conducting a radiation practice. 4. Declarations that certain materials and apparatuses are not radiation sources (1) The Secretary, by notice published in the Government Gazette, may declare— (a) a material or class of material that spontaneously emits ionising radiation not to be a radioactive material for the purposes of this Act; (b) an apparatus or class of apparatus that produces ionising radiation because it contains a sealed source not to be a sealed source apparatus for the purposes of this Act; (c) an apparatus or class of apparatus that produces ionising radiation when energised not to be an ionising radiation apparatus for the purposes of this Act. s. 4 -- 17 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 11 (2) The Secretary may only make a declaration under sub-section (1) if he or she is satisfied that the ionising radiation— (a) emitted by the material or class of material; or (b) produced by the apparatus or class of apparatus— does not pose a significant risk to the health or safety of any person or the safety of the environment. 5. Tabling and disallowance of declarations under section 4 (1) On or before the 6th sitting day after a declaration under section 4 is published in the Government Gazette, the Minister must ensure that a copy of that declaration is laid before each House of the Parliament. (2) A failure to comply with sub-section (1) does not affect the operation or effect of the declaration but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament. (3) A declaration under section 4 may be disallowed in whole or in part by either House of Parliament. (4) Part 5 of the Subordinate Legislation Act 1994 applies to a declaration under section 4 as if— (a) a reference in that Part to a "statutory rule" were a reference to a declaration under section 4; and (b) a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to sub- section (1). s. 5 -- 18 of 129 -- Part 1—Preliminary Radiation Act 2005 Act No. 62/2005 12 (5) A reference to a declaration under section 4 in this section includes a reference to any amendment to a declaration under section 4. 6. Crown to be bound This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ s. 6 -- 19 of 129 -- Part 2—The Radiation Protection Principle Radiation Act 2005 Act No. 62/2005 13 PART 2—THE RADIATION PROTECTION PRINCIPLE 7. The Radiation Protection Principle The Radiation Protection Principle is the principle that persons and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation where— (a) justification involves assessing whether the benefits of a radiation practice or the use of a radiation source outweigh the detriment; (b) limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person or the risk to the environment exposed to radiation are below levels considered unacceptable; (c) optimisation— (i) in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to ionising radiation, means keeping— (A) the magnitude of individual doses of, or the number of people that may be exposed to, ionising radiation; or (B) if the magnitude of individual doses, or the number of people that may be exposed, is uncertain, the likelihood of incurring exposures of ionising radiation— as low as reasonably achievable taking into account economic, social and environmental factors; s. 7 -- 20 of 129 -- Part 2—The Radiation Protection Principle Radiation Act 2005 Act No. 62/2005 14 (ii) in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to non-ionising radiation, equates to cost-effectiveness. 8. Interpretation that promotes the Radiation Protection Principle to be preferred In interpreting a provision of this Act or the regulations, a construction that would promote the Radiation Protection Principle is to be preferred to a construction that would not promote the Radiation Protection Principle. __________________ s. 8 -- 21 of 129 -- Part 3—The Role of the Secretary Radiation Act 2005 Act No. 62/2005 15 PART 3—THE ROLE OF THE SECRETARY 9. Functions of the Secretary The functions of the Secretary under this Act and the regulations are to— (a) exempt certain radioactive material and apparatuses from being radioactive material or sealed source apparatuses or ionising radiation apparatuses under this Act; and (b) regulate activities relating to the management, operation or use of radiation sources and the construction of radiation facilities through the licensing of these activities; and (c) approve testers of prescribed radiation sources within the meaning of Part 5; and (d) specify radiation safety standards and radiation safety tests for the testing of prescribed radiation sources within the meaning of Part 5; and (e) appoint authorised officers to— (i) monitor and enforce compliance with this Act and the regulations; and (ii) exercise the emergency powers under this Act in relation to radiation events; and (f) give authorisations to authorised officers to exercise their emergency powers under this Act in relation to radiation events; and (g) appoint radiation analysts; and (h) serve infringement notices in relation to offences which have been prescribed as offences for which an infringement notice may be served; and s. 9 -- 22 of 129 -- Part 3—The Role of the Secretary Radiation Act 2005 Act No. 62/2005 16 (i) advise the Minister on matters relating to radiation safety; and (j) promote or conduct studies, investigations and research relating to radiation protection and nuclear safety, including the health and safety of persons and the safety of the environment; and (k) perform any other function conferred on the Secretary under this Act or the regulations. 10. General powers of the Secretary The Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act or the regulations. 11. Secretary must have regard to the Radiation Protection Principle and NDRP The Secretary, in performing or exercising a function or power conferred on him or her under this Act or the regulations, must have regard to— (a) the Radiation Protection Principle; and (b) the NDRP to the extent that the NDRP is not inconsistent with this Act or the regulations. __________________ s. 10 -- 23 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 17 PART 4—LICENSED ACTIVITIES 12. Conduct of radiation practice prohibited unless licensed (1) A person must not conduct a radiation practice unless the person— (a) holds a management licence, that is in force, that allows the person to conduct that radiation practice; or (b) is exempted under section 16 from the requirement to hold a licence in respect of that radiation practice and the person conducts the radiation practice in accordance with the exemption. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (2) An offence under this section is an indictable offence. 13. Use of a radiation source prohibited unless licensed (1) A natural person must not use a radiation source unless the person— (a) holds a use licence, that is in force, that allows that use; or (b) is exempted under section 16 from the requirement to hold a licence in respect of that use and the person uses the radiation source in accordance with the exemption; or (c) is an approved tester and uses the radiation source in accordance with a tester's approval he or she holds that is in force. Penalty: 1200 penalty units. s. 12 -- 24 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 18 (2) An offence under this section is an indictable offence. 14. Construction of radiation facilities prohibited in certain cases (1) An owner or occupier of land must not— (a) construct a radiation facility on land that they own or occupy unless they hold a facility construction licence, that is in force, that allows them to construct the radiation facility; or (b) permit or allow another person to construct a radiation facility on land that they own or occupy unless the other person holds a facility construction licence, that is in force, in relation to the radiation facility to be constructed. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate, 3000 penalty units. (2) An offence under this section is an indictable offence. 15. Licence holders must comply with conditions of licence (1) A management licence holder must comply with every condition of their licence. Penalty: In the case of a natural person, 1200 penalty units; In the case of a body corporate, 6000 penalty units. s. 14 -- 25 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 19 (2) A use licence holder must comply with every condition of his or her licence. Penalty: 600 penalty units. (3) A facility construction licence holder must comply with every condition of their licence. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate, 3000 penalty units. Note: The Secretary may impose licence conditions on licences under section 47. (4) An offence under sub-section (1), (2) or (3) is an indictable offence. 16. Exemptions from holding a licence (1) The Secretary, by notice published in the Government Gazette, may exempt a person or a class of person from the requirement to hold— (a) a management licence in respect of the radiation practice specified in the notice; or (b) a use licence in respect of the use of a radiation source specified in the notice. (2) An exemption may be of general or specific application. (3) The Secretary may only exempt a person under sub-section (1) if he or she is satisfied that the radiation practice or use 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. 16 -- 26 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 20 17. Persons must not falsely represent that they are licence holders A person must not directly or indirectly represent that he or she is a licence holder unless the person is a licence holder. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 18. Offence to allow persons who do not hold a use licence to use a radiation source (1) A management licence holder must not direct, request or knowingly allow a person who the management licence holder knows is not a use licence holder, or is a use licence holder whose licence is suspended, to use a radiation source in the management licence holder's possession. 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 sub-section (1) is an indictable offence. (3) Sub-section (1) does not apply if the person who uses a radiation source in the management licence holder's possession— (a) is exempted under section 16 from holding a use licence in respect of that use; and (b) uses that source in accordance with that exemption. s. 17 -- 27 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 21 19. Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence (1) A management licence holder must not direct, request or knowingly allow a use licence holder to use a radiation source in the management licence holder's possession in a manner that the management licence holder knows is contrary to the conditions of the use licence holder's use licence. 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 sub-section (1) is an indictable offence. 20. Secretary to be notified of loss or theft of radiation source (1) A management licence holder, on becoming aware that a radiation source that was in their possession is lost or has been stolen, must immediately notify the Secretary of the loss or theft. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate, 3000 penalty units. (2) An offence under this section is an indictable offence. s. 19 -- 28 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 22 21. Offence to abandon radiation source (1) A management licence holder must not knowingly, recklessly or negligently abandon a radiation source that is in their possession. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (2) An offence under this section is an indictable offence. 22. Offences to cause another person to receive a higher radiation dose than is prescribed (1) A person must not, when conducting a radiation practice in relation to a radiation source, knowingly, recklessly or negligently cause another person to receive a radiation dose that is greater than the dose limit that is prescribed. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate, 3000 penalty units. (2) A person must not, when using a radiation source, knowingly, recklessly or negligently cause another person to receive a radiation dose that is greater than the dose limit that is prescribed. Penalty: 240 penalty units. (3) An offence under sub-section (1) is an indictable offence. (4) Sub-section (1) or (2) does not apply if the other person receives the radiation dose during the course, or for the purposes, of any treatment for, or diagnosis of, an illness or injury. s. 21 -- 29 of 129 -- Part 4—Licensed Activities Radiation Act 2005 Act No. 62/2005 23 23. Offences to cause serious harm to the environment (1) A person must not, when conducting a radiation practice in relation to a radiation source, knowingly, recklessly or negligently cause serious harm to the environment. Penalty: In the case of a natural person, 1800 penalty units; In the case of a body corporate, 9000 penalty units. (2) A person must not, when using a radiation source, knowingly, recklessly or negligently cause serious harm to the environment. Penalty: 1200 penalty units. (3) An offence under sub-section (1) or (2) is an indictable offence. __________________ s. 23 -- 30 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 24 PART 5—APPROVED TESTERS AND TESTING AND USE OF PRESCRIBED RADIATION SOURCES Division 1—Introductory 24. Definitions In this Part— "prescribed radiation source" means a radiation source that is prescribed to be a prescribed radiation source; "radiation safety standard" means a standard specified under section 29(1); "specified radiation safety test" means a test specified under section 30(1). Division 2—Approved Testers 25. Role of approved testers The role of an approved tester is to— (a) conduct tests on prescribed radiation sources to determine whether the prescribed radiation sources meet the relevant radiation safety standards; and (b) issue certificates of compliance in respect of prescribed radiation sources if the prescribed radiation sources meet the relevant radiation safety standards. s. 24 -- 31 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 25 26. Approved testers must comply with conditions of tester's approval (1) An approved tester must comply with every condition of his or her tester's approval. Penalty: 600 penalty units. Note: The Secretary may impose conditions on a tester's approval under section 47. (2) An offence under this section is an indictable offence. 27. Only approved testers who hold testers' approvals that are in force may issue certificates of compliance (1) A person must not issue a certificate of compliance in relation to a prescribed radiation source unless he or she holds a tester's approval that is in force. Penalty: 600 penalty units. (2) An offence under this section is an indictable offence. 28. Offence to impersonate approved tester A person must not directly or indirectly represent that he or she is an approved tester unless the person is an approved tester. Penalty: 60 penalty units. Division 3—Radiation Safety Standards and Tests 29. Secretary may specify radiation safety standards (1) The Secretary must, in respect of every prescribed radiation source, specify the standard that must be met by the prescribed radiation source when it is tested by an approved tester. s. 26 -- 32 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 26 (2) On specifying a radiation safety standard, the Secretary must publish— (a) notice of that specification in the Government Gazette; and (b) the radiation safety standard on the Internet. (3) A radiation safety 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. 30. Secretary may specify radiation safety tests (1) The Secretary may specify the method, form or manner of test to be conducted on a prescribed radiation source to determine whether the prescribed radiation source meets the radiation safety standard applicable to that prescribed radiation source. (2) If the Secretary specifies a specified radiation safety test, the Secretary must publish— (a) notice of that specification in the Government Gazette; and (b) the specified radiation safety test on the Internet. (3) A specified radiation safety test 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. s. 30 -- 33 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 27 31. Standards and tests specified by Secretary may incorporate documents and other material (1) A radiation safety standard or a specified radiation safety test may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person, authority or body whether— (a) wholly or partially or as amended by the standard or test; or (b) as formulated, issued, prescribed or published at the time the standard or test is specified or at any time before the standard or test is specified; or (c) as amended from time to time. (2) Section 32 of the Interpretation of Legislation Act 1984 does not apply to a radiation safety standard or a specified radiation safety test. Division 4—Testing and Certificates of Compliance 32. Testing in accordance with specified radiation safety tests If an approved tester— (a) employed by a person who possesses a prescribed radiation source is requested or directed by that person to test a prescribed radiation source; or (b) is engaged to test a prescribed radiation source— and there is a specified radiation safety test applicable to that prescribed radiation source, the approved tester must conduct that test in accordance with the specified radiation safety test. s. 31 -- 34 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 28 33. Certificates of compliance (1) If, following the conduct of a test to determine whether a prescribed radiation source meets the radiation safety standard applicable to that source, the approved tester is of the view that the prescribed radiation source meets the applicable radiation safety standard, the approved tester must issue a certificate of compliance in respect of that prescribed radiation source. (2) A certificate of compliance must— (a) be in a form approved by the Secretary; and (b) contain any information required by the Secretary; and (c) specify the date of expiry prescribed for certificates of compliance issued in respect of the prescribed radiation source. (3) An approved tester must give a certificate of compliance to the person who is in possession of the prescribed radiation source to which the certificate relates within 7 days of issuing the certificate. 34. Approved testers to provide certificate information to Secretary An approved tester must provide to the Secretary the information contained in a certificate of compliance— (a) in writing; and (b) within 7 days of issuing the certificate. s. 33 -- 35 of 129 -- Part 5—Approved Testers and Testing and Use of Prescribed Radiation Sources Radiation Act 2005 Act No. 62/2005 29 35. Approved tester must not knowingly issue a certificate of compliance that is false (1) An approved tester must not knowingly issue a certificate of compliance that is false or misleading in a material particular. Penalty: 600 penalty units. (2) An offence under this section is an indictable offence. Division 5—Use of Prescribed Radiation Sources 36. Use of prescribed radiation sources prohibited unless there is a certificate of compliance (1) A person who is in possession of a prescribed radiation source must not require, direct, allow or permit a person to use the prescribed radiation source unless there is a certificate of compliance in respect of that source that has not expired. 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. __________________ s. 35 -- 36 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 30 PART 6—AUTHORITIES UNDER THE ACT Division 1—Issue of Authorities 37. Who may apply for an authority? (1) Any person may apply to the Secretary for— (a) a management licence; or (b) a facility construction licence. (2) Only a natural person may apply to the Secretary for— (a) a use licence; or (b) a tester's approval. 38. Form of application An application for an authority must— (a) be in a form approved by the Secretary; and (b) set out which authority is being applied for; and (c) be accompanied by— (i) any information required by the Secretary that relates to the authority; and (ii) the prescribed fee (if any). 39. Further information for management licence applications An application under section 37 for a management licence must also include— (a) a description of the proposed radiation practice that will be conducted; and s. 37 -- 37 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 31 (b) information (as determined by the Secretary) about the radiation sources or kinds of radiation sources in relation to which the applicant will conduct a radiation practice. 40. Further information for use licence applications An application under section 37 for a use licence must also include— (a) information (as determined by the Secretary) about— (i) the radiation sources or kinds of radiation sources the applicant will use; and (ii) the purpose for which the radiation sources or kinds of radiation sources will be used; and (b) evidence of the applicant's qualifications (if any) that may be relevant to the proposed use of a radiation source. 41. Further information for facility construction licence applications An application under section 37 for a facility construction licence must also— (a) include— (i) a description of the radiation facility to be constructed; and (ii) a description of the location where the proposed radiation facility is to be constructed; and (iii) a description of every radiation practice that will be conducted at the proposed radiation facility; and s. 40 -- 38 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 32 (iv) information (as determined by the Secretary) about the radiation sources or kinds of radiation sources in relation to which a radiation practice will be conducted at the proposed radiation facility; and (b) in the case of a radiation facility to be constructed on land owned or occupied by a person other than the applicant, be accompanied by evidence of the written consent of the owner or occupier of the land on which the proposed radiation facility will be constructed for the construction of that facility. 42. Further information for a tester's approval application An application under section 37 for a tester's approval must also include evidence of the applicant's qualifications (if any) that may be relevant to an approved tester carrying out his or her duties under this Act or the regulations. 43. Consideration of application for and issue of authority (1) Subject to this section and sections 44 to 46, on receipt of an application under section 37, the Secretary may issue an authority to the applicant. (2) The Secretary may refuse to issue an authority if— (a) the Secretary considers that the applicant is not a fit and proper person to hold the authority; or s. 42 -- 39 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 33 (b) in the case of an application for a licence, the Secretary considers that— (i) it is necessary to do so in the interests of the health or safety of persons or the safety of the environment; or (ii) the application does not comply with the requirements of this Division; or (iii) the proposed radiation practice or use described in the application is inappropriate or not justified. (3) If the Secretary refuses to issue an authority, the Secretary must— (a) notify the applicant— (i) of his or her refusal; and (ii) about how the applicant may seek review of the Secretary's decision; and (b) give the applicant a statement of reasons for refusing to issue the authority. (4) A notification under sub-section (3)(a) and a statement of reasons given under sub-section (3)(b) must be— (a) in writing; and (b) given to the applicant within 14 days of the Secretary deciding to refuse the application. 44. Further considerations in relation to use licence applications (1) Without limiting section 43(2)(a), in considering whether an applicant for a use licence is a fit and proper person to hold a use licence, the Secretary may have regard to— (a) information about the applicant given to the Secretary by a relevant practitioner registration board under section 45; and s. 44 -- 40 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 34 (b) the qualifications (if any) of the applicant and the relevance of those qualifications to the proposed use described in the application. (2) In this section— "relevant practitioner registration board" means, in relation to an applicant for a use licence who is or was— (a) a registered practitioner within the meaning of the Chinese Medicine Registration Act 2000—the Chinese Medicine Registration Board of Victoria established under Part 6 of that Act; (b) a registered chiropractor within the meaning of the Chiropractors Registration Act 1996—the Chiropractors Registration Board of Victoria established under Part 6 of that Act; (c) a registered dental care provider within the meaning of the Dental Practice Act 1999—the Dental Practice Board established under Part 6 of that Act; (d) a registered medical practitioner within the meaning of the Medical Practice Act 1994—the Medical Practitioners Board of Victoria established under Part 6 of that Act; (e) a medical imaging technologist, a radiation therapy technologist or a nuclear medicine technologist—the Medical Radiation Technologists Board of Victoria established under section 108AL of the Health Act 1958; s. 44 -- 41 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 35 (f) a registered nurse within the meaning of the Nurses Act 1993—the Nurses Board of Victoria established under Part 6 of that Act; (g) a registered optometrist within the meaning of the Optometrists Registration Act 1996—the Optometrists Registration Board of Victoria established under Part 6 of that Act; (h) a registered osteopath within the meaning of the Osteopaths Registration Act 1996—the Osteopaths Registration Board of Victoria established under Part 6 of that Act; (i) a registered pharmacist within the meaning of the Pharmacy Practice Act 2004—the Pharmacy Board of Victoria established under Part 7 of that Act; (j) a registered physiotherapist within the meaning of the Physiotherapists Registration Act 1998—the Physiotherapists Registration Board of Victoria established under Part 6 of that Act; (k) a registered podiatrist within the meaning of the Podiatrists Registration Act 1997—the Podiatrists Registration Board of Victoria established under Part 6 of that Act; s. 44 -- 42 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 36 (l) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997—the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act. 45. Requests for certain information from a relevant health practitioner board about an applicant (1) The Secretary may request information about an applicant for a use licence from a relevant practitioner registration board for the purpose of determining whether the applicant is a fit and proper person to hold a use licence. (2) A relevant practitioner registration board may, on receiving a request under sub-section (1), disclose to the Secretary information about the applicant obtained by the board under the Act under which the board is established. (3) In this section— "relevant practitioner registration board" has the same meaning as in section 44(2). 46. Further considerations in relation to a tester's approval application Without limiting section 43(2)(a), in considering whether an applicant for a tester's approval is a fit and proper person to hold a tester's approval, the Secretary may have regard to the qualifications (if any) of the applicant and the relevance of those qualifications to the duties of an approved tester under this Act or the regulations. s. 45 -- 43 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 37 47. Conditions of authority (1) An authority is subject to any conditions that the Secretary considers appropriate. (2) Without limiting sub-section (1), an authority may be subject to a condition requiring the authority holder to comply with— (a) a document, code, standard, guideline, rule, specification or method applied, adopted or incorporated by the NDRP at the time the authority is issued; or (b) a code, standard or guideline not referred to in paragraph (a) as in force at the time the authority is issued relating to the protection of human health or the environment from the harmful effects of radiation; or (c) any matter that the Secretary considers the authority holder must comply with in order to protect human health or the environment from the harmful effects of radiation. (3) A code, standard or guideline referred to in sub- section (2)(b) may be a code, standard or guideline formulated, issued, prepared, prescribed or published by any person or body. 48. Period and date of expiry of authority (1) An authority— (a) may be issued by the Secretary for a period not exceeding 3 years that is specified in the authority; and (b) expires on the date specified in the authority. (2) However, the Secretary may, in accordance with Division 3, cancel or suspend an authority before the period specified in the authority expires. s. 47 -- 44 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 38 49. When authority takes effect (1) An authority takes effect on— (a) the day on which it is issued by the Secretary; or (b) a date specified in the authority. (2) The date specified in the authority must not be a date before the day on which the authority is issued by the Secretary. 50. Content of authority (1) An authority issued under section 43 must— (a) set out the name of the authority holder; and (b) specify the period the authority is in force and the date the authority expires; and (c) include the conditions of the authority; and (d) include any other information the Secretary considers appropriate. (2) A management licence issued under section 43 must also— (a) describe the radiation practice allowed to be conducted under the licence; and (b) identify and describe every radiation source or kinds of radiation sources in relation to which the management licence holder will conduct a radiation practice under the licence. (3) A use licence issued under section 43 must also— (a) describe the use allowed under the licence; and (b) identify or describe— (i) every kind of radiation source that the use licence holder may use under the licence; or s. 49 -- 45 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 39 (ii) the purpose for which a radiation source identified or described in the licence may be used. Division 2—Renewal of Authorities 51. Application for renewal of authority (1) An authority holder may apply to the Secretary for the renewal of their authority. (2) An application may be made— (a) before the authority expires; or (b) despite anything to the contrary in an authority, within 60 days after the authority expires. (3) The application must be— (a) in the form approved by the Secretary; and (b) accompanied by— (i) any information required by the Secretary that relates to the authority; and (ii) the prescribed fee (if any). (4) If there is a prescribed fee that must be paid for an application made within 60 days after the authority expires (a "late application"), that prescribed fee must be the same as the prescribed fee that must be paid for an authority that is renewed— (a) on an application that is made before that authority expired; and (b) with the same date of expiry as specified in the authority that is renewed on the late application. s. 51 -- 46 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 40 (5) If the application is made before the authority expires, then despite anything to the contrary in the authority, the authority continues in force until the Secretary renews the authority or refuses to renew the authority under section 52. 52. Consideration of application for and issue of renewal of authority (1) In considering an application for the renewal of an authority, the Secretary must renew the authority, unless, having regard to the information accompanying the application, there are good reasons not to do so. (2) If the Secretary renews an authority on an application made before the authority expires, the authority must be taken to have been renewed on the day on which the current authority was due to expire, and must be dated accordingly. (3) If the Secretary renews an authority on an application made within 60 days after the authority expires, the authority must be taken— (a) to have been renewed on the day the Secretary renewed the authority; and (b) not to have been in force between the expiry of the authority and the renewal of the authority. (4) If the Secretary refuses to renew an authority, the Secretary must— (a) notify the applicant— (i) of his or her decision; and (ii) about how the applicant may seek review of the Secretary's decision; and (b) give the applicant a statement of reasons for refusing to renew the authority. s. 52 -- 47 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 41 (5) A notification under sub-section (4)(a) and a statement of reasons given under sub-section (4)(b) must be— (a) in writing; and (b) given to the applicant within 14 days of the Secretary deciding to refuse the application. 53. Period and date of expiry of renewed authority (1) An authority that is renewed under this Division— (a) may be renewed by the Secretary for a period not exceeding 3 years that is specified in the authority; and (b) expires on the date specified in the authority. (2) However, the Secretary may, in accordance with Division 3, cancel or suspend the authority before the period specified in the authority expires. 54. Conditions of renewed authority Section 47 applies to an authority renewed under this Division as if it were an authority issued under Division 1. 55. Content of renewed authority Section 50 applies to an authority renewed under this Division as if it were an authority issued under Division 1. s. 53 -- 48 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 42 Division 3—Suspension and Cancellation of Authorities 56. Suspension or cancellation of authority The Secretary may suspend or cancel an authority under this Division— (a) if the Secretary reasonably believes any one of the following grounds exists— (i) the authority holder is no longer a fit and proper person to hold the authority; or (ii) the authority was issued to the authority holder or renewed on the basis of information that was false and misleading in a material particular; or (iii) the authority holder has breached a condition of their authority; or (iv) the authority holder has not complied with a provision of this Act or the regulations; or (v) there is a risk to the health or safety of persons or the safety of the environment if the authority is not suspended or cancelled; or (vi) the authority holder no longer meets the requirements that the Secretary considered in issuing or renewing the authority (as the case requires); or (b) by agreement between the Secretary and the authority holder. s. 56 -- 49 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 43 57. Show cause notice (1) On forming a belief that a ground specified in section 56(a) exists, the Secretary must give an authority holder written notice stating the following— (a) the action the Secretary proposes taking under this Division; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension of the authority, the proposed suspension period; and (e) an invitation to the holder to show cause, within a period specified in the notice, why the proposed action should not be taken. (2) For the purposes of sub-section (1)(e), the period specified in the notice must not be less than 28 days commencing on the day the notice is given to the authority holder. 58. Representations about show cause notices If the authority holder receives a notice under section 57(1), the holder may make written representations to the Secretary in the period specified in that notice showing cause why the authority should not be suspended or cancelled. s. 57 -- 50 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 44 59. Ending show cause process without further action (1) If, after considering all representations made under section 58, the Secretary no longer believes a ground exists to suspend or cancel the authority, the Secretary— (a) may not suspend or cancel the authority; and (b) must, as soon as practicable, give notice to the authority holder stating that the authority will not be suspended or cancelled. (2) A notice given under sub-section (1)(b) must be in writing. 60. Suspension or cancellation (1) If, after considering any representations made under section 58, the Secretary believes that a ground exists to suspend or cancel the authority and that a suspension or cancellation of the authority is warranted, the Secretary may— (a) if the proposed action stated in the show cause notice under section 57(1) was to suspend the authority for a period specified in the show cause notice, decide to suspend the authority for not longer than the stated period; or (b) if the proposed action stated in the show cause notice was to cancel the authority, decide to either cancel the authority or suspend it for a period. s. 59 -- 51 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 45 (2) On suspending or cancelling an authority under sub-section (1), the Secretary must— (a) notify the authority holder and the relevant practitioner registration board of— (i) the decision to suspend or cancel the authority; and (ii) the day on which the suspension or cancellation is to take effect; and (b) notify the authority holder about how the authority holder may seek review of the Secretary's decision; and (c) give the authority holder a statement of reasons for the suspension or cancellation of the authority. (3) A notification to the authority holder under sub- section (2)(a) and (b) and a statement of reasons under sub-section (2)(c) must be— (a) in writing; and (b) given to the authority holder as soon as practicable after the authority holder's authority is suspended or cancelled. (4) The day on which a suspension or cancellation takes effect may be— (a) the day on which the authority holder is notified under sub-section (2); or (b) a later day the authority holder is notified of under that sub-section. s. 60 -- 52 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 46 (5) In this section— "relevant practitioner registration board" means, in relation to an authority holder who is— (a) a registered practitioner within the meaning of the Chinese Medicine Registration Act 2000—the Chinese Medicine Registration Board of Victoria established under Part 6 of that Act; (b) a registered chiropractor within the meaning of the Chiropractors Registration Act 1996—the Chiropractors Registration Board of Victoria established under Part 6 of that Act; (c) a registered dental care provider within the meaning of the Dental Practice Act 1999—the Dental Practice Board established under Part 6 of that Act; (d) a registered medical practitioner within the meaning of the Medical Practice Act 1994—the Medical Practitioners Board of Victoria established under Part 6 of that Act; (e) a medical imaging technologist, a radiation therapy technologist or a nuclear medicine technologist—the Medical Radiation Technologists Board of Victoria established under section 108AL of the Health Act 1958; (f) a registered nurse within the meaning of the Nurses Act 1993—the Nurses Board of Victoria established under Part 6 of that Act; s. 60 -- 53 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 47 (g) a registered optometrist within the meaning of the Optometrists Registration Act 1996—the Optometrists Registration Board of Victoria established under Part 6 of that Act; (h) a registered osteopath within the meaning of the Osteopaths Registration Act 1996—the Osteopaths Registration Board of Victoria established under Part 6 of that Act; (i) a registered pharmacist within the meaning of the Pharmacy Practice Act 2004—the Pharmacy Board of Victoria established under Part 7 of that Act; (j) a registered physiotherapist within the meaning of the Physiotherapists Registration Act 1998—the Physiotherapists Registration Board of Victoria established under Part 6 of that Act; (k) a registered podiatrist within the meaning of the Podiatrists Registration Act 1997—the Podiatrists Registration Board of Victoria established under Part 6 of that Act; (l) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997—the Veterinary Practitioners Registration Board of Victoria established under Part 6 of that Act. s. 60 -- 54 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 48 61. Return of cancelled authority to Secretary If the Secretary cancels an authority, the authority holder must return the authority to the Secretary within 14 days after being notified under section 60(2)(a) unless the holder has a reasonable excuse. Penalty: 20 penalty units. 62. Immediate suspension of authority in urgent circumstances (1) In this section, urgent circumstances exist if a ground exists to suspend or cancel an authority and it is necessary, to protect the health or safety of persons or the environment from the harmful effects of radiation, to immediately suspend the authority until the suspension or cancellation procedure under sections 57 to 60 is completed. (2) If the Secretary is satisfied that urgent circumstances exist in respect of an authority, he or she may decide to immediately suspend the authority. (3) On suspending an authority under sub-section (2), the Secretary must— (a) notify the authority holder and the relevant practitioner registration board of the immediate suspension; and (b) notify the authority holder about how the authority holder may seek review of the Secretary's decision; and (c) give the authority holder a statement of reasons for the immediate suspension. s. 61 -- 55 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 49 (4) A notification to the authority holder under sub- section (3)(a) and (b) and a statement of reasons under sub-section (3)(c) must be— (a) in writing; and (b) given to the authority holder as soon as practicable after the authority holder's authority is suspended. (5) A suspension under sub-section (2) takes effect when the authority holder is notified under sub- section (3)(a) of the decision to immediately suspend the authority. (6) If the Secretary gives the authority holder a show cause notice under section 57(1) within 14 days after the Secretary suspends an authority under this section, the suspension remains in force until the first of the following occurs— (a) the Secretary cancels the suspension; (b) a decision under section 60 to cancel or suspend the authority takes effect; (c) a decision under section 59 is made not to cancel or suspend the authority. (7) If a show cause notice under section 57(1) is not given to an authority holder within the period referred to in sub-section (6), the suspension lapses at the end of that period unless the Secretary has already cancelled the suspension. (8) In this section— "relevant practitioner registration board" has the same meaning as in section 60(5). s. 62 -- 56 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 50 63. Effect of suspension on authorities (1) A management licence is deemed to not be in force for the purposes of section 12 while it is suspended but the suspension does not affect the licence for any other purposes. (2) A use licence is deemed to not be in force for the purposes of section 13 while it is suspended but the suspension does not affect the licence for any other purposes. (3) A facility construction licence is deemed to not be in force for the purposes of section 14 while it is suspended but the suspension does not affect the licence for any other purposes. (4) A tester's approval is deemed to not be in force for the purposes of section 13 or 27 while it is suspended but the suspension does not affect the tester's approval for any other purposes. Division 4—Other Actions in Relation to Authorities 64. Transfer of management licence or facility construction licence (1) A management licence holder or a facility construction licence holder may apply to the Secretary for approval to transfer their licence to another person. (2) An application under this section must be— (a) in a form approved by the Secretary; and (b) accompanied by— (i) any information required by the Secretary; and (ii) the prescribed fee (if any). s. 63 -- 57 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 51 (3) On receipt of an application under this section, the Secretary may approve, or refuse to approve, the transfer of the licence. (4) The Secretary may refuse to approve the transfer of the licence if the Secretary considers that— (a) the person to whom the licence is to be transferred is not a fit and proper person to hold the licence; or (b) it is necessary to do so in the interests of the health or safety of persons or the safety of the environment; or (c) the application does not comply with the requirements of this Part. (5) The Secretary must notify the applicant within 14 days after his or her decision to approve, or refuse to approve, the transfer of the licence. (6) If the Secretary refuses to approve the transfer of the licence, the Secretary must also— (a) notify the applicant about how the applicant may seek review of the Secretary's decision to refuse to approve the transfer of the licence; and (b) give the applicant a statement of reasons for refusing to approve the transfer of the licence. (7) A notification under this section and the statement of reasons given under sub-section (6)(b) must be in writing. (8) A transfer of a licence takes effect on— (a) the day on which it is approved by the Secretary; or (b) a date specified in the approval. s. 64 -- 58 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 52 (9) The date specified in the approval must not be a date before the day on which the transfer of the licence is approved. 65. Variation of authority by Secretary on his or her own initiative (1) The Secretary may vary an authority or the conditions of an authority on his or her own initiative. (2) If the Secretary decides to vary an authority or the conditions of an authority on his or her own initiative, the Secretary must immediately notify the authority holder of that decision and the variation to the authority or the conditions of the authority (as the case requires). (3) The notification must— (a) be in writing; and (b) state how the authority holder may seek review of the Secretary's decision to vary the authority or the conditions of an authority. (4) A variation of an authority, or to the conditions of the authority, under this section takes effect 14 days after the day on which the authority holder is notified of the variation. 66. Variation of authority by Secretary on application of authority holder (1) An authority holder may apply to the Secretary for a variation to the authority or the conditions of an authority. s. 65 -- 59 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 53 (2) An application under this section must be— (a) in a form approved by the Secretary; and (b) accompanied by— (i) any information required by the Secretary; and (ii) the prescribed fee (if any). (3) On receipt of an application under this section, the Secretary may agree, or refuse to agree, to the variation of the authority or the conditions of an authority. (4) The Secretary must notify the applicant within 14 days after his or her decision to agree or refuse to agree to the variation of the authority or the conditions of an authority. (5) If the Secretary refuses to agree to the variation, the Secretary must also— (a) notify the applicant about how the applicant may seek review of the Secretary's decision to refuse to agree to the variation; and (b) give the applicant a statement of reasons for refusing to agree to the variation. (6) A notification under this section and the statement of reasons given under sub-section (5)(b) must be in writing. (7) If the Secretary agrees to the variation, the variation takes effect on— (a) the day on which the authority holder is notified of the variation; or (b) a day specified in the variation. (8) The date specified in the variation must not be a date before the day on which the variation is agreed to by the Secretary. s. 66 -- 60 of 129 -- Part 6—Authorities under the Act Radiation Act 2005 Act No. 62/2005 54 67. Surrender of authority An authority holder may surrender their authority by notice in writing given to the Secretary. __________________ s. 67 -- 61 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 55 PART 7—ENFORCEMENT Division 1—Introductory 68. Definitions In this Part— "occupier", in relation to a place that is a vehicle, means the driver or person who is in charge of the vehicle; "regulated activity" means any activity conducted under or in accordance with an authority or an exemption under section 16. Division 2—Authorised Officers 69. Appointment (1) The Secretary, by instrument, may appoint a person employed under Part 3 of the Public Administration Act 2004 as an authorised officer. (2) The Secretary must not appoint a person as an authorised officer unless the Secretary is satisfied the person is suitably qualified or trained to exercise the powers of an authorised officer under this Act. 70. Authorised officer's identity card (1) The Secretary must issue an identity card to an authorised officer appointed under section 69. (2) An identity card must— (a) contain the name and a photograph of the authorised officer to whom it is issued; and s. 68 -- 62 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 56 (b) identify the authorised officer to whom it is issued as an authorised officer under this Act; and (c) be signed by the Secretary. 71. Production of identity card An authorised officer must produce his or her identity card for inspection— (a) before exercising a power under this Part; or (b) if asked to do so by any person at any time during the exercise of a power under this Part. 72. Authorised officers must cease exercising powers if they do not produce identity card on request An authorised officer must not perform or exercise a function or power under this Part if the authorised officer does not immediately produce his or her identity card after being asked to do so. 73. Authorised officers subject to Secretary's direction (1) The Secretary may give a direction to an authorised officer in relation to the officer's performance or exercise of a function or power under this Act. (2) A direction under sub-section (1) may be of a general nature or may relate to a specified matter or specified class of matter. Division 3—Entry Powers of Authorised Officers 74. Power to enter places (1) For the purpose of monitoring compliance with this Act or the regulations, or investigating a possible contravention of this Act or the regulations, an authorised officer may— s. 71 -- 63 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 57 (a) enter, without consent, any place that is a non-residential premises that the authorised officer reasonably believes is being used in connection with a regulated activity at— (i) any reasonable hour in the daytime; or (ii) any time that those premises are open for business; (b) enter a public place at any time without the consent of the occupier of the public place; (c) enter any other place (including residential premises) if— (i) the occupier or apparent occupier of the place consents to the entry of the place; or (ii) the authorised officer is authorised to do so under a search warrant. (2) For the purpose of asking the occupier of a place that is a residential premises for consent to enter, the authorised officer may, without the occupier's consent or a warrant— (a) enter land around residential premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. 75. Procedure for entry without consent (1) Subject to Division 4, before entering any place in accordance with section 74(1)(a), an authorised officer must— (a) announce that he or she is an authorised officer under this Act and is authorised to enter that place; and s. 75 -- 64 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 58 (b) inform any person at the place of the purpose of the entry; and (c) give any person at the place an opportunity to allow that entry. (2) However, the authorised officer need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure the safety of any person. 76. Procedure for entry with consent (1) This section applies if an authorised officer intends to ask an occupier or apparent occupier of a place to consent to that officer entering the place in accordance with section 74(1)(c)(i). (2) Before asking for the consent, the officer must inform the occupier or apparent occupier— (a) of the purpose of the entry; and (b) that the occupier or apparent occupier is not required to consent; and (c) that the occupier or apparent occupier may refuse to consent to the taking of— (i) any thing or sample of, or from, any thing found during a search at the place; or (ii) any copy or extract from a document found during a search at the place; and (d) that anything seized or taken during a search of the place with the consent of the occupier or apparent occupier may be used in evidence in proceedings. (3) If the consent is given, the authorised officer may ask the occupier or apparent occupier to sign an acknowledgment of the consent. s. 76 -- 65 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 59 (4) The acknowledgment must state— (a) that the occupier or apparent occupier (as the case requires) has been informed— (i) of the purpose of the entry; and (ii) that the occupier or apparent occupier is not required to consent; and (b) the purpose of the entry; and (c) that the occupier or apparent occupier gives the officer consent to enter the place and exercise powers under this Part; and (d) the time and date the consent was given. (5) If the occupier or apparent occupier signs the acknowledgment, the authorised officer must immediately give a copy to the person. Division 4—Investigation and Enforcement Powers of Authorised Officers 77. General powers of authorised officers (1) An authorised officer who enters any place under this Part, or under this Part under an authorisation under Part 8, may do any of the following— (a) inspect, examine, or make enquiries, at the place; (b) examine or inspect any thing (including a document or part of a document) at the place; (c) bring any equipment or materials to the place that may be required; s. 77 -- 66 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 60 (d) seize any thing (including a radiation source or a document) at the place if the authorised officer reasonably believes— (i) the seized thing is connected with an alleged contravention of this Act or the regulations; or (ii) there is serious risk to the health or safety of any person or the safety of the environment if the thing is not seized; (e) seize any thing (including a radiation source), or take a sample of, or from, any thing, at the place for examination, analysis, measurement or testing; (f) analyse, measure or test, with equipment brought to the place or already at the place— (i) any thing at the place; or (ii) for the emission of radiation from a radiation source at the place; (g) seal a radiation source at the place; (h) make a radiation source at the place inoperative; (i) take any photographs or make any audio or visual recordings at the place; (j) make copies of, or take extracts from, any document kept at the place; (k) use or test any equipment at the place; (l) exercise any other power conferred on the authorised officer by this Act; (m) do any other thing that is reasonably necessary for the purpose of the authorised officer performing or exercising his or her functions or powers under this Act. s. 77 -- 67 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 61 (2) In doing any thing referred to in sub-section (1), an authorised officer may be assisted by any person. 78. Power to direct persons to produce documents, operate equipment, answer questions etc. (1) An authorised officer who enters a place under this Part, or under this Part under an authorisation under Part 8, may direct a person at the place to— (a) produce a document or part of a document located at the place that is in the person's possession or control; (b) operate equipment to access information from that equipment; (c) provide a list of all persons who use radiation sources at the place; (d) answer any questions put by the authorised officer. (2) A person must not refuse or fail to comply with a direction under sub-section (1) unless the person has a reasonable excuse. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. (3) Before directing a person to produce a document or part of a document or to answer questions under sub-section (1), an authorised officer must warn the person that a refusal or failure to comply with the direction, without reasonable excuse, is an offence. Note: Before directing a person to do a thing under sub- section (1), an authorised officer must also produce his or her identity card for inspection if asked to do so by any person: See section 71. s. 78 -- 68 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 62 (4) A person is not liable to be prosecuted for an offence against sub-section (2) if the authorised officer concerned failed to comply with section 71 and sub-section (3). Division 5—Search Warrants 79. Issue of search warrants (1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a place if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations. (2) A magistrate may issue the search warrant if he or she is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise a named authorised officer and any assistants the authorised officer considers necessary— (a) to enter the place or part of the place named or described in the warrant; and (b) to search for the thing named or described in the warrant. (4) In addition to any other requirement, the search warrant must state— (a) the offence suspected; and (b) the place to be searched; and s. 79 -- 69 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 63 (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during specified hours; and (f) that the warrant authorises entry on only one occasion; and (g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect. (5) Subject to sub-section (6), a search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) Despite section 78 of the Magistrates' Court Act 1989, a search warrant must not authorise an authorised officer to arrest a person. (7) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section. 80. Announcement before entry on warrant (1) Before executing a search warrant, the authorised officer named in the warrant, or a person assisting the authorised officer, must— (a) announce that he or she is authorised by the warrant to enter the place; and (b) give any person at the place an opportunity to allow that entry. (2) However, the authorised officer, or person assisting the authorised officer, need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure— s. 80 -- 70 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 64 (a) the safety of any person or the environment; or (b) that the effective execution of the warrant is not frustrated. 81. Copy of warrant to be given to occupier If an occupier or apparent occupier is present at the place when a search warrant is being executed, the authorised officer must— (a) identify himself or herself to that person by producing his or her identity card for inspection; and (b) give that person a copy of the execution copy of the warrant. Division 6—Seized Things and Samples Taken 82. Authorised officers to give receipts for seized things and samples taken (1) If an authorised officer seizes a thing, or takes a sample of, or from, a thing at a place under this Part, the officer must give a receipt for the thing to the person in charge of the thing or the place from which it was taken. (2) A receipt must— (a) identify the thing seized or sample taken; and (b) state the name of the authorised officer who seized the thing or took the sample and the reason why the thing was seized or the sample was taken. (3) If for any reason it is not practicable for an authorised officer to comply with sub-section (1), the authorised officer may— s. 81 -- 71 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 65 (a) leave the receipt at the place in a conspicuous position and in a reasonably secure way; or (b) send the receipt, by post, to the occupier of the place from where the thing was seized or the sample was taken. 83. Copies of seized documents (1) If an authorised officer retains possession of a document seized from a person under this Part, the authorised officer must give the person, within 21 days of the seizure, a copy of the document certified as correct by the authorised officer. (2) A copy of a document certified under sub-section (1) shall be received in all courts and tribunals as evidence of equal validity to the original. 84. Retention and return of seized documents or things (1) If an authorised officer seizes a document or other thing under this Part, the authorised officer must take reasonable steps to return the document or thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the document or thing seized has not been returned within 3 months after it was seized, the authorised officer must take reasonable steps to return it unless— (a) proceedings for the purpose for which the document or thing was retained have commenced within that 3 month period and those proceedings (including any appeal) have not been completed; or (b) the Magistrates' Court makes an order under section 85 extending the period during which the document or thing may be retained. s. 83 -- 72 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 66 (3) This section does not apply to a document or other thing seized under this Part that is forfeited to the Secretary under section 86. 85. Magistrates' Court may extend 3 month period (1) An authorised officer may apply to the Magistrates' Court— (a) within 3 months after seizing a document or other thing under this Part; or (b) if an extension has been granted under this section, before the end of the period of the extension— for an extension (not exceeding 3 months) of the period for which the authorised officer may retain the document or thing but so that the total period of retention does not exceed 12 months. (2) The Magistrates' Court may order such an extension if it is satisfied that— (a) it is in the interests of justice; and (b) the total period of retention does not exceed 12 months; and (c) retention of the document or other thing is necessary— (i) for the purposes of an investigation into whether a contravention of this Act or the regulations has occurred; or (ii) to enable evidence of a contravention of this Act or the regulations to be obtained for the purposes of a proceeding under this Act. s. 85 -- 73 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 67 (3) At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the document or thing described in the application. 86. Forfeiture and destruction of seized things (1) Any thing (including a document) that an authorised officer has seized and retained under this Part is forfeited to the Secretary if the Secretary— (a) cannot find its owner despite making reasonable enquiries; or (b) cannot return it to the owner despite making reasonable efforts; or (c) decides it is necessary to retain the thing to prevent the commission of an offence against this Act or the regulations. (2) If a thing is forfeited to the Secretary under sub-section (1)(c), the Secretary must notify (in writing) the owner accordingly, setting out how the owner may seek review of the decision referred to in that sub-section, unless the Secretary cannot find the owner despite making reasonable enquiries. 87. Secretary may cause forfeited things to be destroyed or otherwise disposed of The Secretary may cause any thing that has been seized and retained under this Part by an authorised officer, and forfeited to the Secretary by operation of section 86, to be destroyed or otherwise disposed of. s. 86 -- 74 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 68 Division 7—Examinations, Analyses, Measurement and Testing 88. Examination, analysis, measurement or testing of things seized or samples taken (1) An authorised officer who seizes a thing, or takes a sample of, or from, a thing, at a place under section 77(1)(e) or under the authority of a search warrant may— (a) if the authorised officer is not also a radiation analyst, give the thing or sample to a radiation analyst for examination, analysis, measurement or testing; or (b) if the authorised officer is also a radiation analyst— (i) complete a certificate of examination, analysis, measurement or testing for the thing or sample; or (ii) give the thing or sample to a radiation analyst for examination, analysis, measurement or testing. (2) A radiation analyst given a thing or sample under sub-section (1) may complete a certificate of examination, analysis, measurement or testing for the thing or sample. (3) If a radiation analyst completes a certificate of examination and analysis under sub-section (2), the radiation analyst must give the certificate to the authorised officer who gave them the thing or sample as soon as practicable after completing the certificate. s. 88 -- 75 of 129 -- Part 7—Enforcement Radiation Act 2005 Act No. 62/2005 69 89. Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place An authorised officer who is a radiation analyst and who— (a) examines, analyses, measures or tests any thing at a place under section 77(1); or (b) analyses, measures or tests for the emission of radiation from a radiation source at a place under section 77(1)— may complete a certificate of examination and analysis for the thing or emission of radiation from a radiation source. 90. Certificates must indicate methodology used A certificate of examination and analysis must include information about the methodology used to conduct the analysis, measurement or testing. Division 8—Miscellaneous 91. Offence to impersonate an authorised officer A person who is not an authorised officer must not, in any way, hold himself or herself out to be an authorised officer. Penalty: 60 penalty units. __________________ s. 89 -- 76 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 70 PART 8—RADIATION EMERGENCIES 92. Definition In this Part— "radiation event" means an incident or event which results, or may result, in the emission of radiation from a radiation source. 93. Secretary to give authorisation for exercise of emergency powers If the Secretary believes on reasonable grounds that a radiation event has occurred that poses, or may occur that would pose, a serious risk to the health or safety of persons or the safety of the environment, the Secretary may give an authorisation to an authorised officer in relation to the radiation event. 94. How may an authorisation be given? (1) An authorisation under this Part may be given orally or in writing. (2) If the authorisation is given orally, it must be confirmed in writing as soon as reasonably practicable. (3) An authorisation must— (a) state that it is given under this Part; and (b) generally describe the radiation event to which it relates; and (c) if the radiation event has occurred, name or describe the place at which the radiation event has occurred; and (d) specify the time at which it is given; and (e) specify the period of time it is in force. s. 92 -- 77 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 71 95. Extension of period of time authorisation is in force (1) Subject to this section, the Secretary may extend the period of time of an authorisation under this Part. (2) An authorisation under this Part may only be extended before the period of time it is in force expires. (3) The Secretary must not extend the period of time of an authorisation under this Part unless he or she believes on reasonable grounds that the radiation event to which the authorisation relates will continue to pose a serious risk to the health or safety of persons or the safety of the environment after the expiry of the period of time the authorisation is in force. 96. What is authorised? (1) An authorisation may authorise an authorised officer to— (a) direct a person or group of people to enter, not to enter or to leave any particular place; and (b) subject to sub-section (3), detain a person (whether alone or with others); and (c) direct a person to submit to decontamination procedures carried out by a person specified by the authorised officer; and (d) direct the owner or occupier of a place to decontaminate the place; and (e) enter a place and exercise any or all of the powers the authorised officer has under section 77(1) or 78(1) at that place; s. 95 -- 78 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 72 (f) dispose of, or destroy, any radiation source that caused the radiation incident or any other thing seized that has been contaminated by radiation as a result of the radiation event; and (g) give any direction to a person that is reasonable or necessary to protect the health or safety of another person or the safety of the environment. (2) An authorised officer must facilitate any reasonable request for communication made by a person subject to detention under sub-section (1)(b). (3) An authorised officer may only detain a person— (a) to cause tests to be conducted on the person to determine whether, by reason of the radiation event, the person has been contaminated and poses a serious risk to the health or safety of another person or the safety of the environment; and (b) if the person is contaminated such that they pose a serious risk to the health or safety of another person or the safety of the environment, to prevent the person contaminating other persons or the environment. (4) In doing any thing referred to in sub-section (1), an authorised officer may be assisted by any person. s. 96 -- 79 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 73 (5) A person must not refuse or fail to comply with a direction under sub-section (1)(a), (c), (d) or (g) unless the person has a reasonable excuse. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 97. Authorised officers to display identity cards at all times when exercising emergency powers (1) An authorised officer must at all times display his or her identity card when exercising a power under an authorisation. (2) However, if it is impracticable for an authorised officer to display his or her identity card when exercising a power under an authorisation, the authorised officer need not do so. 98. Use of reasonable and necessary force (1) If a person refuses to comply with a direction given under this Part, an authorised officer or a person assisting the authorised officer may request a member of the police force to use reasonable and necessary force to ensure compliance with that direction. (2) If requested to do so under sub-section (1), a member of the police force may use reasonable and necessary force to ensure compliance with a direction under this Part. 99. Compensation (1) A person who suffers loss as a result of the giving of an authorisation to an authorised officer under this Part, may apply to the Secretary for compensation if the person considers that there were insufficient grounds for the giving of that authorisation. s. 97 -- 80 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 74 (2) If there were insufficient grounds for the giving of an authorisation to an authorised officer under this Part, the Secretary is to pay just and reasonable compensation to the applicant. (3) The Secretary is to send written notification of his or her determination as to the payment of compensation under this section to each applicant for the payment of compensation. (4) If the Secretary has not determined an application for compensation under this section within— (a) 28 days of receiving the application; or (b) the period agreed to by the Secretary and the applicant for the payment of compensation under sub-section (5)— the Secretary is taken to have refused to pay any compensation. (5) The Secretary and the applicant for the payment of compensation may agree that the Secretary may determine the applicant's application for the payment of compensation within a period that is greater than the 28 days specified in sub- section (4)(a). (6) An applicant for the payment of compensation under this section who is dissatisfied with a determination by the Secretary as to the refusal to pay compensation or as to the amount of compensation may apply to the Magistrates' Court for a review of the determination— (a) within 28 days after the day on which notification of the determination was received; or (b) in a case to which sub-section (4) applies, within 28 days after the relevant period. s. 99 -- 81 of 129 -- Part 8—Radiation Emergencies Radiation Act 2005 Act No. 62/2005 75 (7) In sub-section (6)(b)— "relevant period" means— (a) 28 days after the Secretary receives the application for the payment of compensation; or (b) the period agreed to by the Secretary and the applicant for the payment of compensation under sub-section (5). (8) If the amount of compensation sought exceeds the jurisdictional limit of the Magistrates' Court, the application under sub-section (6) is to be made to the Supreme Court. __________________ s. 99 -- 82 of 129 -- Part 9—Review of Decisions Radiation Act 2005 Act No. 62/2005 76 PART 9—REVIEW OF DECISIONS 100. Definitions In this Part— "eligible person" means— (a) an applicant for an authority under section 37; (b) an authority holder; (c) the owner of a thing seized under Part 7 and forfeited to the Secretary under section 86 because of a decision under section 86(1)(c); "relevant applicant or licensee" means— (a) an applicant for— (i) a facility construction licence; or (ii) a management licence to conduct a radiation practice at a radiation facility; or (b) a facility construction licence holder; or (c) a management licence holder who conducts a radiation practice at a radiation facility under a management licence; "reviewable decision" means— (a) in relation to an eligible person who is an applicant for an authority under section 37, a decision made under section 43 to refuse to issue an authority; s. 100 -- 83 of 129 -- Part 9—Review of Decisions Radiation Act 2005 Act No. 62/2005 77 (b) in relation to an eligible person who is an authority holder— (i) a decision made under Division 1 of Part 6 to impose a condition on the authority holder's authority; (ii) a decision made under section 52 not to renew an authority; (iii) a decision made under Division 2 of Part 6 to impose a condition on an authority that is renewed under that Division; (iv) a decision under section 60 or 62 to suspend or cancel an authority; (v) a decision made under section 64 to refuse to transfer a management licence or a facility construction licence; (vi) a decision made under section 65 or 66 to vary an authority, or the conditions of, an authority; (c) in relation to a person who is the owner of a thing seized under Part 7 and forfeited to the Secretary under section 86, a decision made by the Secretary under section 86(1)(c) that results in the forfeiture of that thing to the Secretary. 101. Review (1) An eligible person in relation to a reviewable decision may apply to the Secretary for a review of the decision. s. 101 -- 84 of 129 -- Part 9—Review of Decisions Radiation Act 2005 Act No. 62/2005 78 (2) An application for review must be made within 28 days after the later of— (a) the day on which the applicant was notified of the decision; and (b) the day on which the eligible person is notified by the Secretary of the eligible person's right to a review. (3) The Secretary must, on receiving an application, review the reviewable decision. (4) The Secretary may— (a) make a decision affirming, varying or revoking the reviewable decision; and (b) if the Secretary revokes the decision, make such other decision as the Secretary considers appropriate under the provision under which the reviewable decision was made. (5) The Secretary must— (a) notify an applicant for review in writing of his or her decision within 28 days after he or she receives the application for review; and (b) at the same time give a statement of reasons, in writing, for his or her decision to the applicant for review. (6) If the Secretary does not make a decision within 28 days after he or she receives the application for review, the Secretary is deemed to have affirmed the decision. (7) The Secretary must inform an applicant for review (other than a relevant applicant or licensee) in writing of the applicant's right to external review under section 102. s. 101 -- 85 of 129 -- Part 9—Review of Decisions Radiation Act 2005 Act No. 62/2005 79 102. VCAT review of certain decisions of Secretary (1) An eligible person (other than a relevant applicant or licensee) whose interests are affected by a decision of the Secretary under section 101 may apply to the Tribunal for review of the decision. (2) An authority holder (other than a relevant applicant or licensee) whose authority is suspended or cancelled under section 60 or 62 may apply to the Tribunal for review of the decision of the Secretary to suspend or cancel their authority. (3) An application for review must be made within 28 days after the latest of— (a) the day on which the decision is made; and (b) in the case of— (i) an eligible person referred to in sub- section (1), the day on which the person is informed by the Secretary of the person's right to an external review under section 101; or (ii) an authority holder referred to in sub- section (2), the day on which the person is notified by the Secretary of the holder's right to an external review under this section; and (c) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons if given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. __________________ s. 102 -- 86 of 129 -- Part 10—The Radiation Advisory Committee Radiation Act 2005 Act No. 62/2005 80 PART 10—THE RADIATION ADVISORY COMMITTEE 103. Radiation Advisory Committee The Radiation Advisory Committee is established. 104. Membership (1) The Committee consists of at least 5 members appointed by the Minister. (2) A member is appointed for the term, not exceeding 3 years, specified in the instrument of appointment, but is eligible for re-appointment. (3) Subject to sub-sections (4) and (5), a member is appointed on the terms and conditions that are specified in the instrument of appointment. (4) The Minister may remove a member from office at any time. (5) A member may resign from office by notice in writing signed by him or her and delivered to the Minister. (6) A member is entitled to be paid the fees and allowances from time to time determined by the Governor in Council. (7) The Public Administration Act 2004 (other than Part 5 or except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member. 105. Acting appointments (1) The Minister may appoint a person to act in the place of a member who is absent from duty or who, for any other reason, is unable to perform the duties of the office. (2) An acting member is appointed for the term, and on such other terms and conditions, as are specified in the instrument of appointment. s. 103 -- 87 of 129 -- Part 10—The Radiation Advisory Committee Radiation Act 2005 Act No. 62/2005 81 (3) A person appointed under sub-section (1) has all the powers, and may perform all the duties, of the member for whom he or she is acting. (4) The Minister may at any time terminate an acting appointment. 106. Proceedings of the Committee Subject to this Act, the Committee may regulate its own proceedings. 107. Function of the Committee (1) The function of the Committee is to consider, advise and report to the Minister or the Secretary on any matter relating to the administration of this Act or the regulations referred to it by the Minister or the Secretary. (2) Without limiting sub-section (1), the Minister or the Secretary may refer the following kinds of matters to the Committee to consider, advise and report on— (a) the promotion of radiation safety procedures and practices; (b) recommending the criteria for the licensing of persons to use radiation sources and the qualifications, training or experience required by those persons to do so; (c) recommending which radiation sources should be prescribed as prescribed radiation sources; (d) the radiation safety standards to be specified under section 29; (e) the nature, extent and frequency of tests to be conducted on prescribed radiation sources and the specification of radiation safety tests under section 30; s. 106 -- 88 of 129 -- Part 10—The Radiation Advisory Committee Radiation Act 2005 Act No. 62/2005 82 (f) codes of practice, standards or guidelines with respect to particular radiation sources, radiation practices or uses. 108. Consultation in carrying out its function In carrying out its function, the Committee may consult with or consider submissions from any person or body. 109. Assistance (1) The Committee may, with the consent of the Minister, request a person to assist the Committee with the Committee's work or a sub-committee of the Committee with the sub-committee's work. (2) A person who assists the Committee or a sub- committee of the Committee under sub-section (1) is entitled to be paid the fees and allowances from time to time determined by the Governor in Council. 110. Annual reports The Committee must give the Minister a report on its activities during a financial year no later than 1 November following that year. 111. Minister to lay annual reports before Houses of Parliament The Minister must cause every report under section 110 to be laid before each House of the Parliament as soon as practicable after it is received. __________________ s. 108 -- 89 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 83 PART 11—GENERAL Division 1—Radiation Analysts 112. Appointment of radiation analysts (1) The Secretary, by instrument, may appoint a person as a radiation analyst. The person appointed need not be a person employed under Part 3 of the Public Administration Act 2004. (2) The Secretary may appoint a person as a radiation analyst only if the Secretary considers the person has the necessary expertise or experience to be a radiation analyst. 113. Radiation analyst's terms and conditions (1) A radiation analyst holds office on the terms and conditions specified in the instrument of appointment. (2) The Secretary may revoke an appointment at any time. (3) A radiation analyst ceases to hold office— (a) if the appointment provides for a term of appointment—at the end of the term; or (b) as provided for in the terms and conditions specified in the instrument of appointment; or (c) if the Secretary revokes his or her appointment under sub-section (2). (4) A radiation analyst may resign by signed notice of resignation given to the Secretary. s. 112 -- 90 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 84 114. Functions of radiation analysts A radiation analyst has the following functions certifying the results of examinations, analyses, measurements or tests conducted— (a) to decide the type, activity concentration or activity of a radionuclide present that is, or was, in a thing or a sample of, or from, a thing; (b) to decide the type, and energy spectrum, of radiation that is, or was, being emitted, and rate at which the radiation is, or was, being emitted, from a thing or a sample of, or from, a thing; (c) to calculate the amount of radiation to which a person has, or may have, been exposed or which a person has, or may have, received from a radiation source. Division 2—Other Offences 115. Tampering with radiation sources sealed by authorised officers (1) A person must not open, alter, break or remove any seal placed on a radiation source by an authorised officer unless the person has a reasonable excuse. Penalty: In the case of a natural person, 600 penalty units; In the case of a body corporate, 3000 penalty units. (2) An offence under this section is an indictable offence. s. 114 -- 91 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 85 116. False and misleading information (1) A person must not knowingly give the Secretary or an authorised officer information that is false or misleading in a material particular. 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. 117. Offence to hinder or obstruct an authorised officer A person must not hinder or obstruct an authorised officer who is exercising a power under this Act unless the person has a reasonable excuse. Penalty: 60 penalty units. Division 3—Infringements 118. Definition In this Division— "prescribed offence" means an offence against this Act or the regulations which is prescribed for the purposes of this Division. 119. Power to serve a notice (1) The Secretary may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence. (2) An infringement notice may be served on a person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person's last known place of residence or business. s. 116 -- 92 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 86 120. Form of notice An infringement notice must contain the prescribed particulars— (a) the date of the notice; (b) that the alleged offence is a prescribed offence within the meaning of section 118; (c) the nature, and a brief description, of the alleged offence; (d) the date, time and place of the alleged offence; (e) the infringement penalty for the alleged offence; (f) the manner in which the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offences in the Magistrates' Court; (j) any other prescribed particulars. s. 120 -- 93 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 87 121. Infringement penalties The infringement penalty for an offence against a prescribed offence is the lesser of— (a) 10 penalty units; or (b) one fifth of the maximum penalty that could be imposed by a court for the prescribed offence. 122. Late payment of penalty The Secretary may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if— (a) a charge has not been filed in respect of the offence to which the infringement penalty relates; and (b) the infringement notice has not been withdrawn. 123. Withdrawal of notice (1) The Secretary may withdraw an infringement notice at any time within 28 days after the date on which the notice was served by serving a withdrawal notice on the person served with the infringement notice. (2) A withdrawal notice may be served on a person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person's last known place of residence or business. (3) An infringement notice may be withdrawn even if the infringement penalty has been paid. s. 121 -- 94 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 88 (4) If an infringement notice is withdrawn, the amount of any infringement penalty paid must be refunded and the Consolidated Fund is, to the necessary extent, appropriated accordingly. 124. Payment expiates offence If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or is accepted in accordance with section 122 then— (a) the person on whom the notice was served has expiated the offence by that payment; and (b) no proceedings may be taken against that person in respect of that offence; and (c) no conviction is to be taken to have been recorded against that person for that offence. 125. Payment not to have certain consequences (1) The payment of an infringement penalty under this Division is not and must not be taken to be— (a) an admission of guilt in relation to the offence; or (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the payment does not in any way affect or prejudice any such claim or proceeding. (2) The payment of an infringement penalty under this Division must not be referred to in any report provided to a court for the purpose of determining sentence for an offence. s. 124 -- 95 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 89 126. Prosecution after service of infringement notice A charge may be filed in respect of an offence to which an infringement notice relates if— (a) the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 122; or (b) the notice is withdrawn. Division 4—Provisions Relating to Offences 127. Self-incrimination (1) A natural person is not excused from complying with a direction of an authorised officer given under section 78, or an authorisation under Part 8, on the ground that to do so may result in information being provided that might incriminate the person. (2) Any information provided by a natural person in complying with a direction given under section 78, or an authorisation under Part 8, is not admissible in evidence against the person in criminal proceedings other than in proceedings in respect of the provision of false information. (3) Despite sub-section (2), any information provided by a natural person in complying with a direction given under section 78, or an authorisation under Part 8, that is contained in any document that is required to be kept by any law is admissible in evidence against the person in criminal proceedings. 128. Offences by corporations (1) If a corporation commits an offence against this Act or the regulations, each officer of the corporation is to be taken to have committed that offence if the officer knowingly authorised or permitted the commission of that offence. s. 126 -- 96 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 90 (2) An officer of a corporation may be proceeded against under this Act pursuant to this section whether or not the corporation has been proceeded against under this Act. (3) Nothing in this section affects the liability of a corporation for the commission of an offence against this Act or the regulations. (4) In this section— "officer" means a director of the corporation or a person who is otherwise concerned in its management. 129. Time within which proceedings for offences may be brought (1) Despite section 26 of the Magistrates' Court Act 1989, proceedings for a summary offence against this Act or the regulations may be commenced within 3 years of the commission of the alleged offence or a further period being within 1 year after the day on which the Secretary first obtains evidence of the commission of the alleged offence considered sufficient by the Secretary to warrant commencing proceedings. (2) For the purposes of sub-section (1), a certificate given by the Secretary as to the date on which the Secretary first obtained evidence considered sufficient to warrant commencing proceedings is to be taken to be evidence of that fact. 130. Evidence of signatures A signature purporting to be the signature of the Minister, the Secretary, an authorised officer or a radiation analyst is evidence of the signature it purports to be. s. 129 -- 97 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 91 131. Evidentiary certificates (1) In any proceeding for an offence against this Act or the regulations, a certificate signed by the Secretary stating any of the following matters is evidence of the matter— (a) a stated document is one of the following things made, given or issued under this Act or the regulations— (i) an appointment or a decision; (ii) a notice, direction or requirement; (iii) an authority; (iv) a record or an extract from a record; (v) the register or an extract from the register; (b) a stated document is a copy of a thing referred to in paragraph (a); (c) on a stated day, or during a stated period, a stated person was or was not the holder of an authority; (d) on a stated day, or during a stated period, an authority— (i) was or was not in force; or (ii) was or was not subject to a stated condition; (e) on a stated day, or during a stated period, an authority was suspended; (f) on a stated day an authority was cancelled, varied, transferred or surrendered; (g) on a stated day, or during a stated period, an appointment as an authorised officer or a radiation analyst was, or was not, in force for a stated person; s. 131 -- 98 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 92 (h) on a stated day, a stated person was given a stated notice or direction under this Act; (i) on a stated day, a stated requirement was made of a stated person; (j) a stated amount is payable under this Act by a stated person and has not been paid. (2) A certificate of examination and analysis signed by a radiation analyst stating any of the following matters is evidence of the matters— (a) the analyst's qualifications; (b) the analyst took, or received from a stated person, a thing or sample; (c) a thing or sample was examined, analysed, measured or tested at a stated place on a stated day or during a stated period; (d) the methodology used to examine, analyse, measure or test a thing or sample; (e) the results of the examination, analysis, measurement or test; (f) the type, activity concentration or activity of a radionuclide present that is, or was, in a thing or a sample of, or from, a thing; (g) the type, and energy spectrum, of radiation emission, and the rate of radiation emission, from a radiation source, at a stated place on stated day or during a stated period; (h) the amount of radiation to which a person has, or may have, been exposed to or received at a stated place on a stated day or during a stated period. s. 131 -- 99 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 93 (3) In any proceeding for an offence against this Act or the regulations where an application for an order under section 86 of the Sentencing Act 1991 is made, a certificate signed by the Secretary stating that costs were incurred for— (a) a clean up following an incident involving the emission of radiation from a radiation source; (b) the storage of a radiation source; (c) destroying or disposing of a radiation source— and the way in which, and purpose for which, they were incurred, is evidence of the matters stated. Division 5—Compensation and Recovery of Costs 132. Orders for compensation and the recovery of certain costs immediately after a finding of guilt (1) For the purposes of this Act, in section 86 of the Sentencing Act 1991— (a) "loss" includes— (i) the reasonable costs of a clean up following an incident involving the emission of radiation from a radiation source; (ii) the reasonable costs for the storage of a radiation source; (iii) the reasonable costs of destroying or otherwise disposing of a radiation source or any thing that has been contaminated by the emission of radiation from a radiation source; s. 132 -- 100 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 94 (b) "compensation for the loss" and "value of the property lost" includes the estimated costs to— (i) complete a clean up or part of a clean up following an incident involving the emission of radiation from a radiation source; (ii) store a radiation source; (iii) destroy or otherwise dispose of a radiation source or any thing that has been contaminated by the emission of radiation from a radiation source. (2) The court may only make an order against a person under section 86 of the Sentencing Act 1991 with respect to an offence against this Act or the regulations if it is satisfied that the person was served with notice of— (a) the applicant's intention to make the application; and (b) the amount and details of the amount sought by the applicant— at least 28 days before the application is made. (3) The applicant may use an affidavit by any witness or an affidavit as to particular facts if— (a) the applicant served notice of intention to use the affidavit with a copy of the affidavit attached on the person at least 28 days before the application is made; and (b) the person did not serve notice of objection to the use of the affidavit on the applicant at least 14 days before the application is made. (4) The court may make an order even though the amount of the order exceeds the upper monetary limit of the court's civil jurisdiction. s. 132 -- 101 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 95 (5) If— (a) an order of the court includes an amount for estimated costs; and (b) the costs incurred are less than the estimated costs— the applicant must refund the difference to the person. (6) A person entitled to a refund may recover the refund in any court of competent jurisdiction as a debt due to the person. (7) Any money recovered by the Secretary under this section is to be paid into the Consolidated Fund. (8) Any sum required by the Secretary to refund a person under this section is to be paid out of the Consolidated Fund and the Consolidated Fund is, to the necessary extent, appropriated accordingly. (9) If any property of the Crown or resource of the State is damaged or injured in the course of the commission of an offence against this Act or the regulations, the Secretary may make an application under section 86 of the Sentencing Act 1991 on behalf of the Crown. 133. Cost recovery by Secretary in certain cases where persons do not comply with a direction (1) If a person given a direction by an authorised officer under section 96(1)(d) or (g) fails or refuses to comply with the direction, the Secretary, or a person authorised by the Secretary, may do the thing the person was directed to do. (2) Any reasonable costs incurred by the Secretary, or a person authorised by the Secretary, in doing the thing referred to in sub-section (1), are a debt payable to the Secretary by the person given the direction. s. 133 -- 102 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 96 (3) The Secretary may recover the costs referred to in sub-section (2) in a court of competent jurisdiction. Division 6—Reporting 134. Annual report (1) The Secretary, in respect of each financial year, must publish a report that— (a) describes the activities of the Secretary under this Act; and (b) includes a summary of all authorities issued, renewed, suspended, cancelled, varied, transferred or surrendered during that year; and (c) includes all radiation incidents investigated in that year; and (d) includes a summary of all prosecutions for offences against this Act or the regulations commenced in that year; and (e) includes any other prescribed matter. (2) The report must be published no later than 1 November following that year. 135. Secretary to notify CEO of ARPANSA of prescribed radiation incidents The Secretary, on becoming aware of a prescribed radiation incident, must notify the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth of that incident. s. 134 -- 103 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 97 Division 7—Miscellaneous 136. Disclosure of information to other agencies (1) The Secretary may disclose information that he or she, or an authorised officer, collects or is given under this Act or the regulations to— (a) the Health Services Commissioner appointed under section 5 of the Health Services (Conciliation and Review) Act 1987; (b) a relevant practitioner registration board; (c) the Health Insurance Commission established by section 4 of the Health Insurance Commission Act 1974 of the Commonwealth; (d) the Environment Protection Authority established by section 5 of the Environment Protection Act 1970; (e) the Victorian WorkCover Authority established by section 18 of the Accident Compensation Act 1985; (f) the Secretary to the Department of Primary Industries; (g) the Secretary to the Department of Sustainability and Environment; (h) a person or body established under a law of another jurisdiction that has functions or powers that correspond to the functions or powers of the Secretary under this Act or a person or body referred to in paragraphs (a) to (e); (i) a person or body established under a law of another jurisdiction that has functions or powers relating to radiation safety (other than a person or body referred to in paragraphs (a) to (e) and (h)). s. 136 -- 104 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 98 (2) The Secretary may only disclose information in accordance with this section for the purpose of— (a) fulfilling his or her functions under this Act or the regulations; (b) assisting a person or body referred to in sub- section (1)(a) to (i) to fulfil their functions. (3) In this section— "relevant practitioner registration board" means— (a) the Chinese Medicine Registration Board of Victoria established under Part 6 of the Chinese Medicine Registration Act 2000; (b) the Chiropractors Registration Board of Victoria established under Part 6 of the Chiropractors Registration Act 1996; (c) the Dental Practice Board established under Part 6 of the Dental Practice Act 1999; (d) the Medical Practitioners Board of Victoria established under Part 6 of the Medical Practice Act 1994; (e) the Medical Radiation Technologists Board of Victoria established under section 108AL of the Health Act 1958; (f) the Nurses Board of Victoria established under Part 6 of the Nurses Act 1993; (g) the Optometrists Registration Board of Victoria established under Part 6 of the Optometrists Registration Act 1996; (h) the Osteopaths Registration Board of Victoria established under Part 6 of the Osteopaths Registration Act 1996; s. 136 -- 105 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 99 (i) the Pharmacy Board of Victoria established under Part 7 of the Pharmacy Practice Act 2004; (j) the Physiotherapists Registration Board of Victoria established under Part 6 of the Physiotherapists Registration Act 1998; (k) the Podiatrists Registration Board of Victoria established under Part 6 of the Podiatrists Registration Act 1997; (l) the Veterinary Practitioners Registration Board of Victoria established under Part 6 of the Veterinary Practice Act 1997. 137. Secretary and authorised officers need not be licensed to exercise powers or perform duties The Secretary, or an authorised officer, are not required to hold any authority to exercise any power or perform any duty under this Act or the regulations. 138. Register (1) The Secretary must establish and maintain a register of— (a) declarations in force made under section 4; and (b) exemptions granted under section 16; and (c) authorities issued or renewed under Divisions 1 or 2 of Part 6; and (d) authorities suspended or cancelled under Division 3 of Part 6; and (e) facility construction licences and management licences transferred under Division 4 of Part 6; and s. 137 -- 106 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 100 (f) authorities that have been varied and the variations of conditions of authorities under Division 4 of Part 6; and (g) authorities surrendered under Division 4 of Part 6. (2) The register must contain the information that is prescribed. 139. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the matters or things contained in the NDRP; (b) the prescription of a facility as a radiation facility; (c) requiring authority holders and persons who were authority holders to keep information or records specified by the regulations— (i) in a specified manner or form specified by the regulations; and (ii) for periods of time specified by the regulations; (d) requiring authority holders and persons who were authority holders to give information or records specified by the regulations to the Secretary; (e) radiation dose limits that may be received by a person; (f) regulating the transportation and storage of radiation sources; (g) regulating the securing and sealing of radiation sources; (h) regulating the disposal and destruction of radiation sources; s. 139 -- 107 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 101 (i) regulating the personal monitoring of persons exposed or likely to be exposed to radiation emitted from a radiation source; (j) regulating the supply and use of personal monitoring devices; (k) giving the Secretary access to records relating to personal monitoring or exposure to radiation emitted from a radiation source; (l) the examination, testing, analysis, maintenance, repair and labelling of radiation sources; (m) regulating the supply of protective clothing or equipment or the use of protective clothing or equipment in the vicinity of a radiation source; (n) regulating the use of radiation sources or exposure to radiation emitted from radiation sources; (o) prescribing action to be taken in circumstances where— (i) a person has been subject to an excessive dose of radiation emitted from a radiation source; (ii) there has been contamination of a place by the emission of radiation from a radiation source; (p) generally protecting persons from the effects caused by or relating to radiation emitted from a radiation source, including— (i) safeguarding the health of persons at a place, or in the vicinity of a place, where there is a radiation source; s. 139 -- 108 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 102 (ii) requiring special facilities, equipment and radiation safety precautions to be adopted or implemented at a place where there is a radiation source; (q) regulating the use of equipment that is ancillary to a radiation source; (r) radiation safety officers, including their appointment, functions, duties and qualifications; (s) the surrender or delivery to the Secretary of a radiation source and the circumstances of that surrender or delivery; (t) information to be given to the Secretary about radiation incidents; (u) the date of expiry of certificates of compliance; (v) the imposition of duties on approved testers; (w) fees for the purposes of this Act and the refund or waiver of such fees; (x) any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or of limited application; and (b) differ according to differences in time, place or circumstance; and (c) apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or s. 139 -- 109 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 103 (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time; and (d) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (e) provide in a specified case or class of case for the exemption of people or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and (f) if this section authorises or requires regulations that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; (g) impose a penalty not exceeding 20 penalty units for a contravention of the regulations. (3) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) the payment of fees either generally or under specified conditions or in specified circumstances; (c) the reduction, waiver or refund, in whole or in part, of the fees. (4) A fee imposed by the regulations in relation to the issue or renewal of an authority may be more than the amount that is related to the cost of providing a service in relation to the issue or renewal of the authority. s. 139 -- 110 of 129 -- Part 11—General Radiation Act 2005 Act No. 62/2005 104 (5) If under sub-section (3)(c) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain authorities or classes of authorities; or (b) when an event happens; or (c) in respect of certain persons or classes of persons; or (d) in respect of any combination of such authorities, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body. __________________ s. 139 -- 111 of 129 -- Part 12—Savings, Transitionals and Amendment of Acts Radiation Act 2005 Act No. 62/2005 105 PART 12—SAVINGS, TRANSITIONALS AND AMENDMENT OF ACTS Division 1—Amendment of Acts 140. Repeal of Health Act 1958 radiation provisions Sections 108AA to 108AK of the Health Act 1958 are repealed. 141. Dangerous Goods Act 1985—Consequential amendment For section 9(a) of the Dangerous Goods Act 1985 substitute— "(a) a radiation source within the meaning of the Radiation Act 2005;". See: Act No. 6270. Reprint No. 10 as at 1 July 2002 and amending Act Nos 48/1988, 46/2003, 36/2004, 108/2004, 12/2005 and 42/2005. LawToday: www.dms. dpc.vic. gov.au s. 140 See: Act No. 10189. Reprint No. 6 as at 27 July 2005 and amending Act Nos 67/2004 and 18/2005. LawToday: www.dms. dpc.vic. gov.au -- 112 of 129 -- Part 12—Savings, Transitionals and Amendment of Acts Radiation Act 2005 Act No. 62/2005 106 142. Environment Protection Act 1970—Consequential amendment In section 2(2) of the Environment Protection Act 1970, for "any radio-active substance or radiation apparatus within the meaning of Division 2AA of Part V of the Health Act 1958" substitute "a radiation source within the meaning of the Radiation Act 2005". 143. Magistrates' Court Act 1989—Indictable offences under this Act triable summarily (1) In Schedule 4 to the Magistrates' Court Act 1989, after item 53A insert— "53B. Radiation Act 2005 Indictable offences under the Radiation Act 2005 but the maximum penalty that the Court may impose is— (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units.". (2) In Schedule 5 to the Magistrates' Court Act 1989, after clause 8(1)(b)(vif) insert— "(vig) an authorised officer within the meaning of the Radiation Act 2005; or". See: Act No. 8056. Reprint No. 14 as at 1 July 2002 and amending Act Nos 37/2002, 59/2003, 10/2004, 81/2004, 107/2004, 108/2004 and 18/2005. LawToday: www.dms. dpc.vic. gov.au s. 142 See: Act No. 51/1989. Reprint No. 11 as at 1 July 2005 and amending Act Nos 77/2004, 2/2005, 16/2005, 18/2005 and 19/2005. LawToday: www.dms. dpc.vic. gov.au -- 113 of 129 -- Part 12—Savings, Transitionals and Amendment of Acts Radiation Act 2005 Act No. 62/2005 107 144. Nuclear Activities (Prohibitions) Act 1983— Consequential amendments (1) For section 9(1)(g) and (h) of the Nuclear Activities (Prohibitions) Act 1983 substitute— "(g) the person holds a management licence or use licence (as the case requires) to do so; (h) the person may do so under an exemption under section 16 of the Radiation Act 2005;". (2) After section 9(1) of the Nuclear Activities (Prohibitions) Act 1983 insert— '(1A) In sub-section (1)(g) "management licence" and "use licence" have the same meaning as in the Radiation Act 2005.'. 145. Road Transport (Dangerous Goods) Act 1995— Consequential amendment For section 9(1A)(b) of the Road Transport (Dangerous Goods) Act 1995 substitute— "(b) a radiation source within the meaning of the Radiation Act 2005;". Division 2—Savings and Transitionals 146. Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions Despite the Subordinate Legislation Act 1994, the Health (Radiation Safety) Regulations 1994, as in force immediately before the commencement of this section, continue until the commencement of section 140. See: Act No. 9923. Reprint No. 2 as at 26 April 2001 and amending Act No. 7/2005. LawToday: www.dms. dpc.vic. gov.au s. 144 See: Act No. 84/1995. Reprint No. 2 as at 6 January 2000 and amending Act No. 49/2004. LawToday: www.dms. dpc.vic. gov.au -- 114 of 129 -- Part 12—Savings, Transitionals and Amendment of Acts Radiation Act 2005 Act No. 62/2005 108 147. Other savings and transitional matters The Schedule has effect. __________________ s. 147 -- 115 of 129 -- Radiation Act 2005 Act No. 62/2005 109 SCHEDULE Section 147 SAVINGS AND TRANSITIONALS PART 1—INTRODUCTION 1. Definitions In this Schedule— "commencement day" means 1 September 2007; "new RAC" means the Committee; "old RAC" means the Radiation Advisory Committee appointed under section 108AK of the Health Act 1958; "old radiation provisions" means sections 108AA to 108AK of the Health Act 1958 (as in force immediately before the commencement day); "old regulations" means the Health (Radiation Safety) Regulations 1994; "operator licence" has the same meaning as in the old regulations. 2. General transitional provision Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. 3. Savings and transitional regulations The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of the old radiation provisions. PART 2—THE RADIATION ADVISORY COMMITTEE 4. Old RAC abolished On the commencement day, the old RAC is abolished and its members go out of office as members. Sch. -- 116 of 129 -- Radiation Act 2005 Act No. 62/2005 110 5. The old RAC members become members of new RAC (1) On the commencement day each person who, immediately before that day was a member of the old RAC, becomes a member of the new RAC. (2) A person referred to in sub-clause (1)— (a) holds office as a member of the new RAC for the balance of the term of his or her appointment to the old RAC; (b) holds office as a member of the new RAC on the same terms and conditions as applied to his or her appointment to the old RAC, but may resign or be removed in accordance with Part 10; (c) is eligible for re-appointment to the new RAC at the expiry of his or her term. 6. Matters and things commenced by old RAC but not completed before its abolition On the commencement day the new RAC may continue or complete any matter or thing commenced by the old RAC as if that matter or thing were commenced by the new RAC under Part 10. 7. Annual report If, before the commencement day, the old RAC had not made its report on its activities under section 108AK(10) of the Health Act 1958, the new RAC must make a report on those activities under section 110 as if the activities of the old RAC were the activities of the new RAC. PART 3—LICENCES 8. Operator licences converted to use licences On the commencement day, an operator licence issued under section 108AF(2) of the old radiation provisions in force immediately before that day is deemed to be a use licence— (a) subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the operator licence that are not inconsistent with this Act or the regulations; and (b) with the same date of expiry as the date of expiry of the operator licence. Sch. -- 117 of 129 -- Radiation Act 2005 Act No. 62/2005 111 9. Other licences converted to management licences Subject to clause 11, on the commencement day, a licence issued under section 108AF(2) of the old radiation provisions and referred to in regulation 12 of the old regulations in force immediately before the commencement day is deemed to be a management licence— (a) subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the relevant licence issued under that section that are not inconsistent with this Act or the regulations; and (b) with the same date of expiry as the date of expiry of the relevant licence issued under that section. 10. Certain registrations converted to management licences (1) Subject to clause 11, on the commencement day, every person in whose name a sealed radio-active source is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a sealed source that is the same as that sealed radio-active source. (2) A management licence deemed to be issued under sub- clause (1) is deemed to— (a) be subject to conditions that are the same as only those conditions that applied to the registration of the sealed radio-active source that are not inconsistent with this Act or the regulations; and (b) have the same date of expiry as the date of expiry for the registration of the sealed radio-active source. (3) Subject to clause 11, on the commencement day, every person in whose name an ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess an ionising radiation apparatus that is the same as that ionizing radiation apparatus. Sch. -- 118 of 129 -- Radiation Act 2005 Act No. 62/2005 112 (4) A management licence deemed to be issued under sub- clause (3) is deemed to— (a) be subject to conditions that are the same as only those conditions that applied to the registration of the ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and (b) have the same date of expiry as the date of expiry for the registration of the ionizing radiation apparatus. (5) Subject to clause 11, on the commencement day, every person in whose name a non-ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a non-ionising radiation apparatus that is the same as that non-ionizing radiation apparatus. (6) A management licence deemed to be issued under sub- clause (5) is deemed to— (a) be subject to conditions that are the same as only those conditions that applied to the registration of the non-ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and (b) have the same date of expiry as the date of expiry for the registration of the non-ionizing radiation apparatus. (7) In this clause— "ionizing radiation apparatus", "non-ionizing radiation apparatus" and "sealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions. 11. Secretary may consolidate two or more management licences (1) Subject to this clause, if, because of clause 9 or 10, a person holds 2 or more management licences, the Secretary may cancel those licences and issue one management licence to the person that allows the person to conduct the radiation practices allowed to be conducted under the cancelled licences. (2) Division 3 of Part 6 of this Act does not apply to the cancellation of a management licence under this clause. Sch. -- 119 of 129 -- Radiation Act 2005 Act No. 62/2005 113 (3) Division 1 of Part 6 (other than sections 38(c)(ii), 43(2) and 48) applies to the issue of a management licence under this clause as if the management licence had been issued on an application under that Division. (4) The date of expiry of a management licence issued under this clause is the latest date a cancelled licence would have expired but for the cancellation of that licence under this clause. 12. Pending licence and registration application decisions at the time of the commencement of this Act (1) On the commencement day— (a) every application under section 108AF of the old radiation provisions for an operator licence in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a use licence and must be dealt with by the Secretary as if it were an application made under section 37; (b) every application under section 108AF of the old radiation provisions for a licence referred to in regulation 12 of the old regulations in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a management licence and must be dealt with by the Secretary as if it were an application made under section 37; (c) every application under section 108AE of the old radiation provisions for the registration of a relevant apparatus or source in respect of which the Secretary has not made a decision whether to register the relevant apparatus or source, is deemed to be an application under section 37 for a management licence to possess the relevant apparatus or source and must be dealt with by the Secretary as if it were an application made under section 37. (2) In this clause— "relevant apparatus or source" means an ionizing radiation apparatus, a non-ionizing radiation apparatus of a prescribed class prescribed under the old regulations or a sealed radio-active source; Sch. -- 120 of 129 -- Radiation Act 2005 Act No. 62/2005 114 "ionizing radiation apparatus", "non-ionizing radiation apparatus" and "sealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions. PART 4—OTHER 13. Certain references in Acts, instruments and other documents to be reconstrued (1) Unless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act (other than this Act) or in any other document of any kind— (a) a reference to Division 2AA of Part 5 of the Health Act 1958 (as in force immediately before the commencement day) is to be taken to be a reference to the Radiation Act 2005; (b) a reference to a radio-active substance is to be taken to be a reference to radioactive material; (c) a reference to a radiation apparatus (within the meaning of section 108AB of the old radiation provisions) is to be taken to be a reference to a radiation apparatus within the meaning of this Act; (d) a reference to an ionizing radiation apparatus is to be taken to be a reference to an ionising radiation apparatus; (e) a reference to a non-ionizing radiation apparatus of a prescribed class is to be taken to be a reference to a non-ionising radiation apparatus; (f) a reference to an unsealed radio-active source is to be taken to be a reference to radioactive material that is not a sealed source; (g) a reference to a sealed radio-active source is to be taken to be a reference to a sealed source; (h) a licence issued under the old radiation provisions is to be taken to be a reference to a licence issued under this Act; (i) a reference to an exemption under the old radiation provisions is to be taken to be a reference to an exemption under section 16. Sch. -- 121 of 129 -- Radiation Act 2005 Act No. 62/2005 115 (2) In this clause— "ionizing radiation apparatus", "non-ionizing radiation apparatus", "radio-active substance", "sealed radio-active source" and "unsealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions. ═══════════════ Sch. -- 122 of 129 -- Radiation Act 2005 Act No. 62/2005 116 ENDNOTES † Minister's second reading speech— Legislative Assembly: 11 August 2005 Legislative Council: 8 September 2005 The long title for the Bill for this Act was "to protect the health and safety of persons and the environment from the harmful effects of radiation, to make consequential amendments to the Health Act 1958, the Dangerous Goods Act 1985, the Environment Protection Act 1970, the Magistrates' Court Act 1989, the Nuclear Activities (Prohibitions) Act 1983, the Road Transport (Dangerous Goods) Act 1995 and for other purposes." Endnotes -- 123 of 129 -- Radiation Act 2005 Act No. 62/2005 117 INDEX Subject Section Actamendments to other Acts 140–145 commencement 2 Crown bound by 6 interpretation to promote Radiation Protection Principle 8 purpose 1 savings and transitional provisions 146, 147, Sch. Approved testers applications 37, 38, 42, 43 authority holder (def.) 3 certificates of compliance 3, 33–35 compliance with tester's approval 26 conduct of tests 32 current tester's approval must be held 27 definition 3 effect of suspension 63 impersonation of 28 qualifications 42, 46 role 25 tester's approval (def.) 3 Authorised officers appointment 69 definition 3 examination testing of seized things or places by 89–90 identity cards 70–72, 97 impersonation of 91 not required to hold authorities under Act 137 obstruction, hindrance of 117 powers – general 77 powers in relation to radiation events 93–99 powers of entry 74–76, 96 powers of seizure 82–87, 96 power to direct persons 78, 96 search warrants 79–81 subject to Secretary's direction 73 Authorities applications 37–38 authority holder (def.) 3 cancellation 48, 53, 56–61 conditions 47, 54, 65, 66 content 50, 55 date of effect 49 definition 3 duration 48 effect of suspension 63 expiry 48, 53 fees 38, 51, 66 -- 124 of 129 -- Radiation Act 2005 Act No. 62/2005 118 Subject Section immediate suspension 62 issue 43, 44 further information required 39–42 qualifications 46 refusal to issue 43 refusal to renew 52 relevant health practitioner boards 44, 45, 60, 62 renewal 51–55 return of cancelled authority 61 review of decisions 101–102 show cause notices 57–59, 62 surrender 67 suspension 48, 53, 56–60, 62, 63 variation 65, 66 See also various headings beginning with Licences Clean up (def.) 3 Committee See Radiation Advisory Committee Compensation 99, 132, 133 Corporations offences by 128 Definitions 3, 24, 44, 45, 51, 60, 62, 68, 92, 99, 100, 118, 128, 132, 136, Sch. Disclosure of information 44, 136 Entry powers 74–76, 96 Evidence 127, 129–131 Facility construction licences See Licences – facility construction Forfeiture See Seizure Infringement notices form 120 late payment 122 payment expiates offence 124 payment not taken as admission of guilt, liability 125 penalties 121 prosecution after service 126 service by Secretary 119 withdrawal by Secretary 123 See also Offences and penalties Ionising radiation (def.) 3 Ionising radiation apparatus (def.) 3 Licences – Facility construction definition 3 definition of facility construction licence holder 3 effect of suspension 63 further information required for applications 41 non-compliance with conditions 15 transfer 64 -- 125 of 129 -- Radiation Act 2005 Act No. 62/2005 119 Subject Section Licences – General definition 3 exemptions may be granted by Secretary 16 false representations 17 licence holder (def.) 3 transfer 64 See also Offences and penalties Licences – Management contents of authority 50 definition 3 definition of management licence holders 3 effect of suspension 63 exemption from requirement to hold 16 further information required for applications 39 non-compliance with conditions 15 transfer 64 Licences – Use contents of authority 50 definition 3 definition of use licence holder 3 effect of suspension 63 exemption from requirement to hold 16 further information required for applications 40 information, qualifications to be considered 44 non-compliance with conditions 15 requests for information regarding applicants 45 Management licences See Licences – Management Minister powers and duties regarding Radiation Advisory Committee 104, 105, 107, 111 tabling of declarations 5 National Directory for Radiation Protection (NDRP) 3, 11 Non-ionising radiation (def.) 3 Non-ionising radiation apparatus (def.) 3 Occupiers (def.) 68 Offences and penalties by corporations 128 definition of prescribed offence 118 false, misleading information 116 proceedings for 129 regarding approved testers 26–28, 35 authorised officers 78, 91, 96, 117 certificates of compliance 35, 36 licences 15, 17, 61 prescribed radiation sources 36 radiation facilities 14 radiation practice 12 radiation sources 13, 18–23, 115 -- 126 of 129 -- Radiation Act 2005 Act No. 62/2005 120 Subject Section Place (def.) 3 Prescribed radiation sources 24, 36 Public places (def.) 3 Radiation Advisory Committee acting appointments 105 annual report 110–111 assistance by non-committee members 109 consultation 108 definition 3 establishment 103 function 107 membership 104 proceedings 106 removal, resignation 104 remuneration, allowances 104 terms of appointment 104 Radiation analysts appointment 112 certificates of examination and analysis 131 conditions of appointment 113 definition 3 examination, testing of seized items or samples 88–90 functions 114 revocation of appointment 113 Radiation apparatus (def.) 3 Radiation events authorisation of emergency powers 93 compensation for loss suffered because of authorisation of emergency powers 99 cost recovery 133 definition 92 extension of time for authorisations 95 powers of authorised officers in relation to 96–98 refusal, failure to comply with directions during 96 use of reasonable force during 98 Radiation facilities definition 3 prohibition on construction 14 Radiation practice conduct of 12 definition 3 Radiation Protection Principle 3, 7, 8, 11 Radiation safety standards date of effect of tests 30 date of effect of standards 29 definition 24 incorporation of documents into 31 specification by Secretary 29 specified radiation safety tests 24, 30–32 -- 127 of 129 -- Radiation Act 2005 Act No. 62/2005 121 Subject Section Radiation sources abandonment 21 certificates of compliance 33–34 declarations by Secretary 4, 5 definition 3 definition of use 3 cause harm to environment 23 cause higher radiation dose 22 notification of loss, theft to Secretary 20 prescribed radiation source (def.) 24 sealed source apparatus (def.) 3 sealed sources (def.) 3 tampering with sealed sources 115 use by unlicensed persons 18 use contrary to licence 19 user must be licensed 13 See also Approved testers; Radiation safety standards Radioactive material (def.) 3 Register 3, 138 Regulated activities (def.) 68 Regulations 139 Review 100–102 Savings and transitional provisions 146, 147, Sch. Search warrants 79–81 Secretary definition 3 disclosure of information 136 functions 9 general powers 10 must have regard to Radiation Protection Principle and NDRP 11 not required to hold authorities under Act 137 powers, duties regarding annual report 134 authorised officers 69–70, 73 authorities 37–62, 64–67 certificates of compliance 33, 34 compensation, cost recovery 99, 132–133 declarations regarding radiation sources 4, 5 exemptions from holding certain licences 16 forfeiture, destruction of seized items 86–87 infringement notices 119, 122–123 notification of prescribed radiation incidents 135 Radiation Advisory Committee 107 radiation analysts 112, 113 radiation events 93–95, 99 Register 138 review of decisions 101 specification of radiation safety standards 29 specification of radiation safety tests 30 transfer of licences 64 -- 128 of 129 -- Radiation Act 2005 Act No. 62/2005 122 Subject Section Seizure copies of seized documents 83 examination, analysis of samples, things 88–90 extension of retention period by Court 85 forfeiture, destruction of items 86–87 receipts for samples, seized things 82 retention and return of documents, things 84 review of decisions 101–102 Self-incrimination 127 Sentencing Act 1991 131–132 Testers' approvals See Approved testers Tribunal See Victorian Civil and Administrative Tribunal Use (def.) 3 Use licences See Licences - Use Victorian Civil and Administrative Tribunal 102 -- 129 of 129 --