Queensland: Radiation Safety Act 1999 (Qld)

Radiation Safety Act 1999 An Act to provide for the control generally of sources of ionising radiation and harmful non-ionising radiation, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Radiation Safety Act 1999. 2 Commencement This Act commences on a day to be fixed by proclamation. Division 2 Operation of Act 3 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Division 3 Objects 4 Main object of Act and its achievement (1) The main object of this Act is to protect persons and the environment from the harmful effects of particular sources of ionising radiation and harmful non-ionising radiation. (2) The object is to be achieved mainly by— (a) establishing a licensing regime to regulate— (i) the possession and use of radiation sources; and (ii) the transportation of radioactive substances; and (b) establishing a legislative framework to ensure radiation sources and the premises at which they are used, and the premises at which radioactive substances are stored, comply with radiation safety standards; and (c) imposing restrictions on— (i) the acquisition and relocation of radiation sources; and (ii) the disposal of radiation apparatus and radioactive material; and (d) requiring a person who possesses a radiation source for a radiation practice to have an approved radiation safety and protection plan for the practice; and (e) requiring a person who possesses a security enhanced source to have an approved security plan for the source; and (f) requiring a person to have an approved transport security plan for the transport of a security enhanced source; and (g) ensuring the health and safety of any person are, or the environment is, not adversely affected by the carrying out of radiation practices with radiation sources; and (h) establishing a legislative framework within which compliance monitoring, and investigative and enforcement activities, may be undertaken; and (i) establishing the Radiation Advisory Council. Division 4 Radiation safety, protection and security principles 5 Guiding principles The principles intended to guide the achievement of this Act's main object (the radiation safety, protection and security principles) are the following— (a) People should be protected from unnecessary exposure to ionising radiation through the processes of justification, limitation and optimisation. • Justification Justification involves assessing whether more good than harm results from a radiation practice. • Limitation Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable. • Optimisation Optimisation involves minimising health risks to any person, with the broad objective that the degree of exposure to radiation, number of persons exposed and likelihood of exposure be kept as low as reasonably achievable, having regard to economic and social factors. (b) People should be protected from unnecessary exposure to harmful non-ionising radiation through the processes of specifying emission or absorption standards, limitation and avoidance. • Specifying emission or absorption standards Specifying emission or absorption standards involves deciding thresholds above which exposure to radiation may result in unacceptable health risks to any person. • Limitation Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable. • Avoidance Avoidance involves minimising, as far as practicable, exposures to radiation. (c) People should be protected from unnecessary exposure to radiation resulting from a malevolent event by ensuring that radiation sources are safely managed and securely protected at all times, including after the end of their useful life. Division 5 Interpretation 6 Interpretation to promote radiation safety, protection and security principles In interpreting a provision of this Act, a construction that would promote radiation safety, protection and security principles is to be preferred to a construction that would not promote radiation safety, protection and security principles. 7 Dictionary The dictionary in schedule 2 defines particular words used in this Act. 8 When a possession licensee is taken to remain in possession of a radiation source (1) For this Act, a possession licensee who allows another person to carry out a radiation practice with a radiation source in compliance with the licensee's approved radiation safety and protection plan for the practice is taken to remain in possession of the source while the other person has the source for the purpose of the practice. (2) For subsection (1), a reference to a radiation source or radiation practice is a reference to the source or practice to which the licence relates. (3) Also, for this Act, a possession licensee who allows another person to transport a radioactive substance to which the licence relates is taken to remain in possession of the substance while the other person has the substance for the purpose of the transportation. 9 Meaning of use in relation to a radiation source or the carrying out of a radiation practice (1) Use a radiation source, means actual use by an individual of radiation emitted from the source, and includes, for a radiation source that is a radioactive substance, administer the substance to, or inject or implant the substance into, an animal or person. (2) Use, in relation to the carrying out of a radiation practice with a radiation source, means actual use by an individual of radiation emitted from the source to carry out the practice. (3) For subsections (1) and (2), it is immaterial whether the individual is using the radiation in the capacity of an agent or employee. 10 Meaning of carry out in relation to a radiation practice (1) Carry out, in relation to a radiation practice, means the actual performance of the practice by an individual. (2) For subsection (1), it is immaterial whether the individual is carrying out the practice in the capacity of an agent or employee. 11 Meaning of radiation practice (1) Radiation practice means an activity in relation to a radiation source that may result, whether or not intentionally, in exposing anyone to radiation, but does not include the transport of a radioactive substance. (2) To remove doubt, it is declared that the storing of a radioactive substance is a radiation practice. Part 2 Licences 12 Requirement for possession licence (1) A person must not possess a radiation source, unless the person is allowed to possess it under a possession licence. Maximum penalty— (a) for a radiation source that is not a security enhanced source—1,000 penalty units; or (b) for a security enhanced source—2,500 penalty units. Editor's note— Part 7 states the requirements to be complied with to obtain a possession licence and other types of licences. (2) For subsection (1), a person is not in possession of a radiation source merely because the person is being allowed by a possession licensee for the source— (a) to carry out a radiation practice, to which the licence relates, with the source in compliance with the licensee's approved radiation safety and protection plan for the practice; or (b) if the source is a radioactive substance—to transport the substance. (3) Also, for subsection (1), a person is not in possession of a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure. 13 Requirement for use licence (1) A person must not use a radiation source, unless the person is allowed to use it under a use licence. Maximum penalty— (a) for a radiation source that is not a portable security enhanced source—400 penalty units; or (b) for a portable security enhanced source—2,500 penalty units. Example of when a person needs a use licence— A person who uses a radiation source to irradiate another person as part of a diagnostic or therapeutic procedure must do so under a use licence allowing the use of the source to carry out the procedure. Editor's note— Under section 49(2), only an individual may apply for a use licence. (2) Subsection (1) does not apply to a person if— (a) the person is using the source in the presence, and under the personal supervision, of a use licensee who is allowed, under the licence, to use the source to carry out a radiation practice; and (b) the use is for the purpose of— (i) helping the licensee to carry out the practice, if the practice is a prescribed radiation practice; or (ii) the person undergoing training prescribed under a regulation. (3) In this section— prescribed radiation practice means a radiation practice, other than the carrying out of a diagnostic or therapeutic procedure involving the irradiation of another person, prescribed under a regulation. 14 Requirement for transport licence—transport by road (1) Subsection (2) applies if a radioactive substance is being transported by road in a vehicle. (2) The person in charge of the vehicle must hold a transport licence to transport the substance. Maximum penalty— (a) for a radioactive substance that is not a security enhanced source—400 penalty units; or (b) for a radioactive substance that is a security enhanced source—2,500 penalty units. Editor's note— Under section 49(2), only an individual may apply for a transport licence that allows the transport of a radioactive substance by road. (3) However, the person is not required to hold a transport licence if the person is helping a transport licensee to transport a radioactive substance, to which the licence relates, by road and the person is in the licensee's presence. 15 Requirement for transport licence—transport otherwise than by road (1) A person must not transport a radioactive substance other than by road, unless the person is the holder of a transport licence to transport the substance. Maximum penalty— (a) for a radioactive substance that is not a security enhanced source—400 penalty units; or (b) for a radioactive substance that is a security enhanced source—2,500 penalty units. (2) Subsection (1) does not apply to a person who transports the substance merely as an employee. Part 3 Radiation safety standards and certificates of compliance Division 1 Radiation safety standards 16 Making of radiation safety standards (1) The Minister may make radiation safety standards about— (a) radiation sources in relation to the carrying out of radiation practices; or (b) the sealing of radioactive substances; or (c) sealed source apparatus; or (d) premises at which radiation sources are used to carry out radiation practices; or (e) premises at which radioactive substances are stored. (2) A radiation safety standard must state the day the standard expires. (3) The stated day must not be more than 10 years after the standard is made. (4) The Minister must notify the making of a radiation safety standard. (5) The notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours at the places. (6) The notice is subordinate legislation. Division 2 Obligations of possession licensees in relation to radiation safety standards 17 Obligations of possession licensees (1) A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice unless— (a) the source complies with the relevant radiation safety standard; and (b) if the source is to be used to carry out the practice at premises—the premises comply with the relevant radiation safety standard. Maximum penalty—200 penalty units. (2) A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, on premises that do not comply with the relevant radiation safety standard. Maximum penalty—200 penalty units. Division 3 Certificates of compliance 18 When a possession licensee must obtain a certificate of compliance (1) Subsection (2) applies in relation to a radiation source if there is a relevant radiation safety standard for the source. (2) A possession licensee who, under the licence, possesses the source for a radiation practice must ensure the source is not used to carry out the practice unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the source. Maximum penalty—50 penalty units. (3) Subsections (4) and (5) apply in relation to premises if there is a relevant radiation safety standard for the premises. (4) A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice at the premises unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the premises. Maximum penalty—50 penalty units. (5) A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, at the premises unless, within the period prescribed under a regulation before the day of storage, the licensee has obtained a certificate of compliance for the premises. Maximum penalty for subsection (5)—50 penalty units. 19 Circumstances for giving certificate of compliance (1) An accredited person may issue a certificate of compliance for— (a) a radiation source to be used to carry out a radiation practice; or (b) the premises at which a radiation source is to be used to carry out a radiation practice; or (c) the premises at which a radioactive substance is to be stored. (2) The certificate of compliance must state that the source or premises comply with the relevant radiation safety standard. (3) However, an accredited person must not issue a certificate of compliance for a radiation source or premises unless, under the person's accreditation certificate, the person is allowed to issue the certificate of compliance for the source or premises. (4) Subsection (5) applies in relation to a radiation source or premises if there is a relevant radiation safety standard for the source or premises. (5) An accredited person must not issue a certificate of compliance for the source or premises unless the person is satisfied the source or premises comply with the standard. (6) A certificate of compliance must be in the approved form. Editor's note— See section 82(1)(c) for an effect of a contravention of subsection (3) or (5). 20 Assessment report (1) This section applies if an accredited person is acting on a request for a certificate of compliance for a radiation source or premises. (2) The accredited person must assess whether the source or premises comply with the relevant radiation safety standard. (3) The accredited person must prepare a report (an assessment report), for the source or premises, stating the following— (a) whether or not the source or premises comply with the relevant radiation safety standard; (b) if the source or premises do not comply with the relevant radiation safety standard—particulars of what needs to be done for the source or premises to comply with the standard (the requirements). (4) The assessment report must be in the approved form. (5) If the report states requirements, the accredited person must, as soon as practicable, give a copy of the report to the person who asked for the certificate of compliance. (6) If the report does not state requirements, the accredited person must issue a certificate of compliance for the source or premises. (7) The accredited person must give the chief executive a copy of the report mentioned in subsection (6) as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued. Maximum penalty—50 penalty units. (8) If the report states requirements and none of the requirements are complied with within 30 days after a copy of the report is given to a person under subsection (5), the accredited person must as soon as practicable give the chief executive a copy of the report. Maximum penalty for subsection (8)—50 penalty units. 21 Amendment of assessment report—all requirements complied with (1) This section applies if— (a) the assessment report states requirements; and (b) the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, all the requirements have been complied with. (2) The accredited person must— (a) amend the report to indicate all the requirements have been complied with; and (b) issue a certificate of compliance for the source or premises. (3) The accredited person must give the chief executive a copy of the amended report as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued. Maximum penalty for subsection (3)—50 penalty units. 22 Amendment of assessment report—some requirements complied with (1) This section applies if— (a) the assessment report states requirements; and (b) the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, that some, but not all, the requirements have been complied with. (2) The accredited person must amend the report to indicate the requirements that have been complied with. (3) The accredited person must give the chief executive a copy of the amended report as soon as practicable after the 30 day period has ended. Maximum penalty for subsection (3)—50 penalty units. Part 4 Acquisition, supply and relocation of radiation sources 23 Who may acquire a radiation source (1) A person must not acquire a radiation source, unless the person is a possession licensee for the source and the holder of an approval to acquire the source. Maximum penalty— (a) for a radiation source that is not a security enhanced source—400 penalty units; or (b) for a security enhanced source—2,500 penalty units. Editor's note— Part 7 states the requirements to be complied with to obtain an approval to acquire. (2) For subsection (1), a person does not acquire a radiation source merely because a possession licensee, under the licence, possesses the source for a radiation practice and the person is being allowed by the licensee— (a) to carry out the practice with the source in compliance with the licensee's approved radiation safety and protection plan for the practice; or (b) if the source is a radioactive substance—to transport the substance. (3) Also, for subsection (1), a person does not acquire a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure. 24 Supply of radiation sources (1) A person must not supply a radiation source to another person, unless the other person is a possession licensee for the source and the holder of an approval to acquire the source. Maximum penalty— (a) for a radiation source that is not a security enhanced source—400 penalty units; or (b) for a security enhanced source—2,500 penalty units. (2) For subsection (1), a possession licensee who, under the licence, possesses a radiation source for a radiation practice does not supply the source to another person merely because the other person is being allowed by the licensee— (a) to carry out the practice with the source in compliance with the licensee's approved radiation safety and protection plan for the practice; or (b) if the source is a radioactive substance—to transport the substance. (3) Also, for subsection (1), a person (the first person) does not supply a radiation source to another person merely because the first person injects the other person, or an animal kept by the other person, with a radioactive substance, or a radioactive substance is administered to or implanted in the other person or animal by the first person, as part of a diagnostic or therapeutic procedure. (4) In this section— sell includes give possession under a lease, exchange, hiring or other commercial arrangement. supply, a radiation source, means sell, give away or otherwise give possession of the source. 25 Person must not relocate a radiation source without approval A person must not relocate a radiation source from a place in Queensland to a place outside Queensland (whether in or outside Australia), unless the person is a possession licensee for the source and the holder of an approval to relocate the source. Maximum penalty— (a) for a radiation source that is not a security enhanced source—400 penalty units; or (b) for a security enhanced source—2,500 penalty units. Editor's note— Other provisions of this Act deal with the possession, acquisition, supply, transport and disposal of a radiation source in the State. Also, part 7 states the requirements to be complied with to obtain an approval to relocate. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A. Part 5 Disposal of radioactive material and radiation apparatus and abandoning of radiation sources 26 Disposal of radioactive material (1) A person must not dispose of radioactive material, unless— (a) the concentration or activity of a radionuclide in the material is not more than the maximum concentration or activity prescribed under a regulation; or (b) the person is the holder of an approval to dispose of the material and disposes of it as required under the approval. Maximum penalty—2,500 penalty units. Editor's note— Part 7 states the requirements to be complied with to obtain an approval to dispose. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A. (2) For subsection (1)(a), a regulation may provide for the point of disposal at which the concentration or activity of the radionuclide in the material is to be decided. 27 Notification of disposal of radiation apparatus (1) A person who disposes of a radiation apparatus must give the chief executive written notice of the disposal within 7 days after the disposal. Maximum penalty—50 penalty units. (2) For subsection (1), the notice must contain information adequate to identify the apparatus disposed of. Example of identifying information— the serial number of the radiation apparatus 27A Person must not abandon radiation source (1) A person must not abandon a radiation source. Maximum penalty—2,500 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may also be subject to personal criminal liability—see sections 205 and 205A. (2) A person does not contravene subsection (1) if the person disposes of a radiation source under this Act. Part 6 Other radiation safety, protection and security provisions Division 1 Radiation safety and protection plans Subdivision 1 Interpretation 28 What is a radiation safety and protection plan (1) A radiation safety and protection plan, for a radiation practice, is a plan for the practice for which a possession licensee is allowed to possess a radiation source under the licence. (2) The plan must state the following— (a) particulars, and an assessment, of all the radiation hazards specific to the practice and source the licensee knows, or ought reasonably to know, exist or might arise; (b) the radiation safety and protection measures to deal with the hazards; (c) any other measures necessary to deal with the hazards; (d) how the licensee proposes to monitor and review the implementation and effectiveness of the measures; (e) the functions of the radiation safety officer to be appointed for the practice; Editor's note— Section 37 lists the minimum functions of a radiation safety officer. (f) particulars of a training program for persons carrying out the practice; (g) other particulars prescribed under a regulation. (3) Also, if a person, other than a person being irradiated as part of a diagnostic or therapeutic procedure, may receive from the carrying out of the practice a radiation dose higher than the radiation dose limit prescribed under a regulation, the plan must provide for— (a) the supply of a personal monitoring device to the person; and (b) the assessment of the device. (4) The plan must be written in a way likely to be understood easily by persons who carry out the practice with the source. Editor's note— The plan may need to take into account persons with special needs, for example, non-English speaking persons. (5) The plan must be dated and signed by the licensee. (6) In this section— radiation safety and protection measures are measures, prescribed under a regulation, for preventing or minimising health risks to any person arising from exposure to radiation from the carrying out of a radiation practice. Subdivision 2 Approval of, and amendment of approved, radiation safety and protection plans 29 Approval of radiation safety and protection plan (1) This section applies if the chief executive issues a possession licence. (2) The chief executive is taken to have approved the radiation safety and protection plan identified in the licence. Note— Under section 51(3) and (4)(a), an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source. (3) The chief executive must endorse the plan with the chief executive's written approval and give the endorsed plan to the possession licensee. 30 Changing approved radiation safety and protection plan—chief executive's initiative (1) The chief executive may change a possession licensee's approved radiation safety and protection plan for a radiation practice if the chief executive considers it necessary or desirable to make the change, having regard to the requirements for a radiation safety and protection plan mentioned in section 28(2). (2) Before changing the plan, the chief executive must— (a) give a written notice to the licensee, stating— (i) the particulars of the proposed change; and (ii) the day it is proposed the change is to take effect; and (iii) that the licensee may make written submissions to the chief executive about the proposed change before a stated day; and (b) have regard to written submissions made to the chief executive by the licensee before the stated day. (3) The stated day must not be earlier than 21 days after the notice is given to the licensee. (4) If the chief executive decides to change the plan, the chief executive must immediately give the licensee an information notice about the decision. (5) The change takes effect on the day stated for the change in the information notice and does not depend on— (a) the plan being amended to incorporate the change; or (b) the licence being amended to identify the amended plan. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee. 31 Changing approved radiation safety and protection plan—application by possession licensee (1) A possession licensee may apply to the chief executive to change the licensee's approved radiation safety and protection plan for a radiation practice. (2) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (3) In deciding whether to grant the application, the chief executive must have regard to the requirements for a radiation safety and protection plan mentioned in section 28(2). (4) If the chief executive decides to grant the application, the chief executive must immediately give the licensee notice of the decision. (5) The change takes effect on the day stated for the change in the notice and does not depend on— (a) the plan being amended to incorporate the change; or (b) the licence being amended to identify the amended plan. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee. (7) If the chief executive decides not to grant the application, the chief executive must immediately give the licensee an information notice about the decision. (8) If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application. 32 Recording change of approved radiation safety and protection plan (1) This section applies if a possession licensee receives an information notice under section 30(4), or a notice under section 31(4), about a change to the licensee's approved radiation safety and protection plan for the radiation practice. (2) Within 14 days after receiving the notice, the licensee must return the following documents to the chief executive— (a) the plan, incorporating the change; (b) the licensee's possession licence in which the plan is identified. Maximum penalty—50 penalty units. (3) On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive's written approval and give the endorsed plan to the licensee. (4) On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee. Subdivision 3 Obligations in relation to approved radiation safety and protection plans 33 Obligations in relation to approved radiation safety and protection plan—possession licensees (1) This section applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice. (2) The licensee must take reasonable steps to ensure a person carrying out the practice with the source— (a) has always available for inspection a copy of the licensee's approved radiation safety and protection plan for the practice; and (b) has undergone the training program mentioned in the plan. Maximum penalty for subsection (2)—100 penalty units. 34 Obligations in relation to approved radiation safety and protection plan—persons carrying out a radiation practice (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice. (2) A person must not carry out the practice with the source unless— (a) the person has available for inspection a copy of the approved radiation safety and protection plan for the practice; and (b) the person has undergone the training program mentioned in the plan. Maximum penalty for subsection (2)—100 penalty units. Division 1A Security plans Subdivision 1 Interpretation 34A What is a security plan (1) A security plan is a plan for the security of a security enhanced source that a possession licensee is allowed to possess under the licence. (2) The plan must state the following— (a) particulars of the security enhanced source the licensee is allowed to possess; (b) the radiation practice for which the licensee is allowed to possess the source; (c) particulars, and an assessment, of all the security risks relating to the practice and source the licensee knows, or ought reasonably to know, exist or might arise; (d) persons who have access to the source under the possession licensee's licence and the type of access each person has to the source; (e) other persons to whom the plan applies; (f) the security measures for the source; (g) any other measures necessary to deal with risks to the security of the source; (h) how the licensee proposes to monitor and review the implementation and effectiveness of the measures; (i) particulars of a training program for persons to whom the plan applies; (j) if the possession licensee is a corporation—the name of the nominated person for the licensee; (k) other particulars prescribed under a regulation. (3) The plan must be written in a way likely to be easily understood by persons required to comply with the plan. (4) The plan must be dated and signed by the licensee. (5) In this section— security measures are measures, prescribed under a regulation, for ensuring the security of a security enhanced source. Subdivision 2 Approval of, and amendment of approved, security plans 34B Approval of security plan (1) This section applies if the chief executive issues a possession licence for a security enhanced source. (2) The chief executive is taken to have approved the security plan identified in the licence. (3) The chief executive must endorse the plan with the chief executive's written approval and give the endorsed plan to the possession licensee. Note— See section 51(4)(b), for the requirement for an application for a possession licence for a radiation source that is a security enhanced source to be accompanied by the proposed security plan for the source. 34C Changing approved security plan—chief executive's initiative (1) The chief executive may change a possession licensee's approved security plan if the chief executive considers it necessary or desirable to make the change, having regard to the requirements for a security plan mentioned in section 34A(2). (2) Before changing the plan, the chief executive must— (a) give a written notice to the licensee, stating— (i) the particulars of the proposed change; and (ii) the day it is proposed the change is to take effect; and (iii) that the licensee may make written submissions to the chief executive about the proposed change before a stated day; and (b) have regard to written submissions made to the chief executive by the licensee before the stated day. (3) The stated day must not be earlier than 21 days after the notice is given to the licensee. (4) If the chief executive decides to change the plan, the chief executive must immediately give the licensee an information notice about the decision. (5) The change takes effect on the day stated for the change in the information notice and does not depend on— (a) the plan being amended to incorporate the change; or (b) the licence being amended to identify the amended plan. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee. 34D Changing approved security plan—application by possession licensee (1) A possession licensee may apply to the chief executive to change the licensee's approved security plan. (2) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (3) In deciding whether to grant the application, the chief executive must have regard to the requirements for a security plan mentioned in section 34A(2). (4) If the chief executive decides to grant the application, the chief executive must immediately give the licensee notice of the decision. (5) The change takes effect on the day stated for the change in the notice and does not depend on— (a) the plan being amended to incorporate the change; or (b) the licence being amended to identify the amended plan. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee. (7) If the chief executive decides not to grant the application, the chief executive must immediately give the licensee an information notice about the decision. (8) If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application. 34E Recording change of approved security plan (1) This section applies if a possession licensee receives an information notice under section 34C(4), or a notice under section 34D(4), about a change to the licensee's approved security plan. (2) Within 14 days after receiving the notice, the licensee must return the following documents to the chief executive— (a) the plan, incorporating the change; (b) the licensee's possession licence in which the plan is identified. Maximum penalty—50 penalty units. (3) On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive's written approval and give the endorsed plan to the licensee. (4) On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee. Subdivision 3 Obligations in relation to approved security plans 34F Obligations in relation to approved security plan—possession licensees (1) This section applies to a possession licensee who, under the licence, possesses a security enhanced source. (2) The licensee must take reasonable steps to ensure a person to whom the approved security plan for the source applies— (a) has always available for inspection a copy of the parts of the plan relevant to the person; and (b) has undergone the training program mentioned in the plan. Maximum penalty for subsection (2)—2,500 penalty units. 34G Obligations in relation to approved security plan—access of persons to security enhanced source (1) This section applies if a possession licensee, under the licence, possesses a security enhanced source. (2) A person (the first person) must not personally access, or allow another person access to, the source unless— (a) the approved security plan provides for the first person and the other person to access the source; and (b) the first person has available for inspection a copy of the parts of the approved security plan relevant to the access to the source; and (c) the first person has undergone the training program mentioned in the plan. Maximum penalty for subsection (2)—2,500 penalty units. Division 1B Transport security plans Subdivision 1 Interpretation 34H What is a transport security plan (1) A transport security plan is a plan for the security of a radioactive substance that is a security enhanced source during the transport of the source. (2) The plan must state the following— (a) particulars of the security enhanced source to be transported; (b) particulars of the transport arrangements for the source; (c) particulars, and an assessment, of all the security risks relating to the transport of the source the transport security plan holder of the plan knows, or ought reasonably to know, exist or might arise; (d) persons who have access to the source and the type of access each person has to the source; (e) other persons to whom the plan applies; (f) the period for which the plan applies; (g) the transport security measures for the source; (h) any other measures necessary to deal with risks to the security of the source; (i) how the transport security plan holder proposes to monitor and review the implementation and effectiveness of the measures; (j) particulars of a training program for persons to whom the plan applies; (k) if the transport security plan holder is a corporation—the name of the nominated person for the holder; (l) other particulars prescribed under a regulation. (3) The plan must be written in a way likely to be easily understood by persons required to comply with the plan. (4) The plan must be dated and signed by the transport security plan holder. (5) In this section— transport security measures are measures, prescribed under a regulation, for ensuring the security of a security enhanced source during its transport. Subdivision 2 Approval of, and amendment of approved, transport security plans 34I When a person must have a transport security plan (1) This section applies to the following persons— (a) a possession licensee acquiring a security enhanced source that needs to be transported to effect the acquisition; (b) a possession licensee relocating a security enhanced source that needs to be transported to effect the relocation; (c) a possession licensee whose security enhanced source is being transported between locations for the licensee's radiation practice; (d) a transport licensee who is transporting 2 or more radioactive substances that have become a security enhanced source as a result of their aggregation; (e) another person who is transporting 2 or more radioactive substances that have become a security enhanced source as a result of their aggregation. (2) A person to whom this section applies must not transport a security enhanced source unless the person has an approved transport security plan for the transport of the source. Maximum penalty—2,500 penalty units. Note— Sections 14 and 15 state the circumstances in which a person must hold a transport licence to transport a radioactive substance that is a security enhanced source. 34J Application for approval of transport security plan (1) An application for approval of a transport security plan must— (a) be made to the chief executive; and (b) be in the approved form; and (c) be accompanied by— (i) the proposed transport security plan; and (ii) if the applicant is a possession licensee whose security enhanced source is to be transported between locations for the licensee's radiation practice—the licensee's licence; and (iii) the fee prescribed under a regulation. (2) The chief executive must consider the application and either grant, or refuse to grant, the application. (3) The chief executive may grant the application only if the chief executive is satisfied the plan is adequate for the transport of the security enhanced source to which it relates, having regard to the requirements for a transport security plan mentioned in section 34H(2). 34K Inquiries into applications (1) Before deciding the application, the chief executive— (a) may investigate the applicant; and (b) may, by written notice given to the applicant, require the applicant to give the chief executive, within a reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application. (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b). (3) A notice under subsection (1)(b) must be given to the applicant within 90 days after the chief executive receives the application. 34L Decision (1) If the chief executive decides to grant the application, the chief executive must— (a) endorse the transport security plan with the chief executive's written approval and give the endorsed plan to the applicant; and (b) if the applicant is a possession licensee whose security enhanced source is being transported between locations for the licensee's radiation practice—amend the licensee's licence to identify the plan and give the amended licence to the applicant. (2) If the chief executive decides to refuse to grant the application, the chief executive must immediately give the applicant an information notice about the decision. 34M Failure to decide applications (1) Subject to subsections (2) and (3), if the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application. (2) Subsection (3) applies if— (a) a person has made an application for approval of a transport security plan; and (b) the chief executive has, under section 34K(1)(b), required the applicant to give the chief executive further information or a document. (3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 90 days after the chief executive receives the further information or document. 34N Changing approved transport security plan—chief executive's initiative (1) The chief executive may change an approved transport security plan if the chief executive considers it necessary or desirable to make the change having regard to the requirements for a transport security plan mentioned in section 34H(2). (2) Before changing the plan, the chief executive must— (a) give a written notice to the transport security plan holder, stating— (i) the particulars of the proposed change; and (ii) the day it is proposed the change is to take effect; and (iii) that the transport security plan holder may make written submissions to the chief executive about the proposed change before a stated day; and (b) have regard to written submissions made to the chief executive by the transport security plan holder before the stated day. (3) The stated day must not be earlier than 21 days after the notice is given to the transport security plan holder. (4) If the chief executive decides to change the plan, the chief executive must immediately give the transport security plan holder an information notice about the decision. (5) The change takes effect on the day stated for the change in the information notice and does not depend on the plan being amended to incorporate the change. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the transport security plan holder. 34O Changing approved transport security plan—application by transport security plan holder (1) A transport security plan holder may apply to the chief executive to change the transport security plan holder's approved transport security plan. (2) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed under a regulation. (3) In deciding whether to grant the application, the chief executive must have regard to the requirements for a transport security plan mentioned in section 34H(2). (4) If the chief executive decides to grant the application, the chief executive must immediately give the transport security plan holder notice of the decision. (5) The change takes effect on the day stated for the change in the notice and does not depend on the plan being amended to incorporate the change. (6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the transport security plan holder. (7) If the chief executive decides not to grant the application, the chief executive must immediately give the transport security plan holder an information notice about the decision. (8) If the chief executive fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the chief executive not to grant the application. 34P Recording change of approved transport security plan (1) This section applies if a transport security plan holder receives an information notice under section 34N(4), or a notice under section 34O(4), about a change to the transport security plan holder's approved transport security plan. (2) Within 14 days after receiving the notice, the transport security plan holder must return the following documents to the chief executive— (a) the plan incorporating the change; and (b) if the applicant is a possession licensee whose security enhanced source is being transported between locations for the licensee's radiation practice—the licensee's possession licence in which the plan is identified. Maximum penalty—50 penalty units. (3) On receiving the plan, incorporating the change, the chief executive must immediately endorse the plan with the chief executive's written approval and give the endorsed plan to the transport security plan holder. (4) On receiving the licence, the chief executive must immediately amend the licence to identify the amended plan and give the amended licence to the licensee. Subdivision 3 Obligations in relation to approved transport security plans 34Q Obligations in relation to approved transport security plan—transport security plan holder A transport security plan holder must take reasonable steps to ensure a person to whom the approved transport security plan applies— (a) has always available for inspection a copy of the parts of the plan relevant to the person; and (b) has undergone the training program mentioned in the plan. Maximum penalty—2,500 penalty units. 34R Obligations in relation to approved transport security plan—access of persons to security enhanced source (1) This section applies if there is an approved transport security plan for the transport of a security enhanced source. (2) A person (the first person) must not personally access, or allow another person access to, the source unless— (a) the approved transport security plan provides for the first person and the other person to access the source; and (b) the first person has available for inspection a copy of the parts of the approved transport security plan relevant to the access to the source; and (c) the first person has undergone the training program mentioned in the plan. Maximum penalty for subsection (2)—2,500 penalty units. Division 2 Radiation safety officers Subdivision 1 Appointment of radiation safety officers 35 When radiation safety officers must be appointed (1) Subsection (2) applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice. (2) The licensee must ensure, whenever the practice is being carried out, that a person has been appointed as, and is carrying out the functions of, a radiation safety officer for the practice. Maximum penalty—100 penalty units. (3) If the appointment of the radiation safety officer ends, the licensee does not contravene subsection (2) in relation to any period, before the start of a new appointment, that may be reasonably necessary for the appointment to be made or take effect. 36 Who may be appointed (1) Only a qualified person who holds a radiation safety officer certificate relevant to a radiation practice may be appointed as a radiation safety officer for the practice. (2) Subject to subsection (1), a possession licensee who is a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice. (3) Despite subsection (1), a possession licensee who is not a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice if the licensee is the holder of a qualification, relevant to the practice, prescribed under a regulation. Subdivision 2 Functions of radiation safety officers 37 Functions (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice. (2) The licensee's approved radiation safety and protection plan for the practice must state at least the following functions for a radiation safety officer appointed by the licensee for the practice— (a) to identify ways, consistent with the plan, of minimising the radiation doses received by persons from the source; (b) to provide, or arrange for the provision of, training about radiation hazards and safe working practices to— (i) persons carrying out the practice; and (ii) the licensee's employees and other persons working for the licensee who may be exposed to radiation emitted from the source; and (iii) other persons prescribed under a regulation; (c) to provide, or arrange for the provision of, training to the persons mentioned in paragraph (b) about precautions that need to be taken to ensure radiation doses received by the persons and other persons from the source, are— (i) for ionising radiation—below the radiation dose limit prescribed under a regulation and as low as reasonably achievable; or (ii) for non-ionising radiation—below the radiation dose limit prescribed under a regulation and minimised as far as is practicable; (d) to identify whether the plan is being complied with; (e) to regularly review the plan to ensure its continued effectiveness; (f) to identify whether the relevant radiation safety standard for the source, or premises at which the practice is being carried out, is being complied with. (3) If a radiation safety officer appointed for the practice is not also the possession licensee for the practice, the plan must also state the following functions for the officer— (a) to advise the licensee of the ways, identified under subsection (2)(a), of minimising the radiation doses received by persons from the source; (b) to report to the licensee— (i) any contravention of the plan or the relevant radiation safety standard identified under subsection (2)(d) or (f); and (ii) what action needs to be taken to ensure compliance with the plan or standard; (c) to advise the licensee of the results of a review under subsection (2)(e) and make recommendations to the licensee about changes to the plan. (4) In this section— employees, of a possession licensee, include agents of the licensee and the agents' employees. Division 3 Radiation monitoring 38 Radiation monitoring—possession and use licensees (1) This section applies to the following persons— (a) a possession licensee who— (i) under the licence, possesses a radiation source for a radiation practice; and (ii) provides to another person (the monitored person) a personal monitoring device, as required by the licensee's approved radiation safety and protection plan for the practice; (b) a possession licensee who, under the licensee's approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person) required to be provided with a personal monitoring device; (c) a use licensee (also the monitored person) who, as a condition of the licence, is required— (i) to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and (ii) to have the device assessed from time to time. (2) The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan or condition, give the chief executive written notice of the result. Maximum penalty—50 penalty units. Editor's note— Under section 28(3)(b), the radiation safety and protection plan is required to provide for the assessment of personal monitoring devices. (3) Without limiting subsection (2), the licensee is taken to comply with subsection (2) if the notice is given to the chief executive, on the licensee's behalf, by the person who conducted the assessment, as soon as practicable after the assessment is carried out. (4) The licensee must keep an up-to-date record for the monitored person (a personal monitoring record), containing the following information— (a) the results of all the assessments; (b) other information prescribed under a regulation. Maximum penalty—100 penalty units. (5) Without limiting the ways in which a possession licensee or use licensee may comply with subsection (4), a possession licensee or use licensee is taken to comply with subsection (4) if the personal monitoring record is kept, on the licensee's behalf, by another person under arrangements approved in writing by the chief executive. (6) For subsection (4), the personal monitoring record must be kept until the later of the following days— (a) the day that is 30 years after the day when the last assessment happened; (b) the day when the monitored person turns, or would have turned, 75 years. (7) The licensee must make the personal monitoring record available for inspection by the chief executive or an inspector at any reasonable time. Maximum penalty for subsection (7)—50 penalty units. 39 Obligations about personal monitoring records—certain possession licensees (1) Subsections (2) and (3) apply to a possession licensee who— (a) under the licence, possesses a radiation source for a radiation practice; and (b) provides to another person a personal monitoring device, as required under the licensee's approved radiation safety and protection plan for the practice. (2) The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan, take reasonable steps to make the person aware of the result. Maximum penalty—50 penalty units. (3) The licensee must allow the person to inspect, at any reasonable time, the personal monitoring record kept by the licensee for the person. Maximum penalty—50 penalty units. (4) Subsection (5) applies if the person stops being a person to whom the licensee is required to provide a personal monitoring device under the plan. (5) If asked in writing by the person during the period for which a personal monitoring record is required to be kept by the licensee for the person, the licensee must as soon as practicable give the person a copy of the record. Maximum penalty for subsection (5)—50 penalty units. Editor's note— Section 38(6) states the period for which a personal monitoring record is required to be kept by the licensee for the person. 40 Other obligations in relation to personal monitoring records (1) This section applies if— (a) a person stops being a licensee who is required to keep a personal monitoring record under section 38(4); and (b) immediately before the person stopped being a licensee of that type, the person was keeping a personal monitoring record under the subsection. (2) The person must as soon as practicable ask the chief executive for directions about the keeping of the record. Maximum penalty—50 penalty units. (3) The chief executive must give the person written directions about the keeping of the record. (4) Without limiting subsection (3), a direction may require the person to give the record to another person, including, for example, the chief executive, who is to keep the record. (5) The directions are to ensure the record will continue to be kept until the later of the following days— (a) the day that is 30 years after the day when the last assessment of a personal monitoring device, mentioned in the record, happened; (b) the day when the person to whom the record relates turns, or would have turned, 75 years. (6) The person must comply with the written directions given to the person by the chief executive, unless the person has a reasonable excuse. Maximum penalty for subsection (6)—100 penalty units. Division 4 Diagnostic or therapeutic procedures involving the irradiation of persons 41 Diagnostic or therapeutic procedures (1) A person (the first person) must not prescribe for another person a therapeutic procedure, or request for another person a diagnostic procedure, involving the irradiation of the other person, unless the first person is authorised to do so under a regulation (an authorised person). Maximum penalty—200 penalty units. (2) A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person must not carry out the procedure unless the licensee reasonably believes the diagnostic procedure has been requested, or the therapeutic procedure has been prescribed, by an authorised person. Maximum penalty—200 penalty units. Examples of a diagnostic or therapeutic procedure involving the irradiation of a person— 1 using an x-ray machine to identify bone fractures suffered by a person 2 using a radiopharmaceutical administered to a person to assess the person's thyroid function 3 using an implanted radioactive substance to treat a person's cancer (3) A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person (the treated person) must ensure the treated person does not receive a radiation dose from the carrying out of the p