South Australia: Radiation Protection and Control Act 2021 (SA)

South Australia Radiation Protection and Control Act 2021 An Act to control activities involving radiation sources and to provide for the protection of people and the environment from the effects of radiation, to make related amendments to the Environment Protection Act 1993, to repeal the Radiation Protection and Control Act 1982, and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Interaction with other Acts and laws Part 2—Objects and principles 5 Objects of Act 6 Radiation protection principle 7 Principles of ecologically sustainable development Part 3—Administration Division 1—Radiation Protection Committee 8 Radiation Protection Committee 9 Terms and conditions of office 10 Functions 11 Validity of acts 12 Proceedings 13 Sub‑committees 14 Application of Public Sector (Honesty and Accountability) Act 15 Provision of services Division 2—Miscellaneous 16 Delegation 17 Annual report Part 4—Radiation protection and control Division 1—Activities requiring radiation management licence 18 Testing for developmental purposes 19 Mining or mineral processing 20 Construction, establishment, control etc of radiation facility 21 Transport of radioactive material 22 Possession of radiation source Division 2—Activities requiring radiation use licence 23 Use or handling of radioactive material 24 Operation of radiation apparatus Division 3—Premises and radiation apparatus and sources requiring registration 25 Premises in which unsealed radioactive materials are handled or kept 26 Sealed radioactive sources 27 Radiation apparatus Division 4—Prohibited activities 28 Operations for enrichment or conversion of uranium 29 Abandonment of radiation sources Division 5—Accreditation of third party service providers 30 Accreditation process 31 Authority conferred by accreditation 32 Reliance on professional advice 33 Offences Division 6—General provisions relating to accreditations and authorisations 34 Application for accreditation or authorisation 35 Annual fee 36 Conditions of accreditation or authorisation 37 Minister may require financial assurance to secure compliance with conditions of authorisation 38 Duration of accreditation or authorisation and renewal 39 Issue of single authorisation 40 Transfer of authorisations 41 Surrender of accreditations and authorisations 42 Suspension and cancellation of accreditations and authorisations 43 Review of decisions 44 Obligation of holders of accreditations and authorisations to notify Minister of certain matters 45 Death, bankruptcy etc of holder of authorisation Division 7—Miscellaneous 46 Power to deal with dangerous situations 47 Power to protect security enhanced radioactive sources and high risk radioactive sources and material 48 Emergency authorisations 49 Limits of exposure to ionising radiation not to be more stringent than limits fixed under certain codes etc Part 5—General offences 50 Causing serious radiation harm 51 Causing radiation harm 52 Alternative finding Part 6—General duty of care 53 General duty of care Part 7—Enforcement Division 1—Civil remedies Subdivision 1—Orders made by Minister 54 Radiation protection orders 55 Radiation protection cessation orders 56 Action on non‑compliance with radiation protection order 57 Reparation orders 58 Action on non‑compliance with reparation order 59 Variation or revocation of orders 60 Offences 61 Reparation authorisations 62 Related matter 63 Registration of orders or authorisations by Registrar‑General 64 Effect of charge Subdivision 2—Orders made by ERD Court 65 Orders made by ERD Court Division 2—Civil penalties 66 Civil penalties Division 3—Authorised officers 67 Appointment of authorised officers 68 Identity cards 69 Powers of authorised officers 70 Provisions relating to warrants 71 Provisions relating to seizure 72 Offences against authorised officers and other persons engaged in administration of Act Division 4—Power to require or obtain information 73 Information discovery orders 74 Obtaining of information on non‑compliance with order or condition of accreditation or authorisation Division 5—Miscellaneous 75 Recovery of economic benefit Part 8—Miscellaneous 76 Exemptions 77 Register of accreditations, authorisations, exemptions and permits 78 Adoption of documents forming part of National Directory 79 Confidentiality 80 Offences and ERD Court 81 Constitution of ERD Court 82 Commencement of proceedings 83 Offences by officers of bodies corporate 84 Vicarious liability 85 Continuing offences 86 General defence 87 Notice of defence 88 Imputation of conduct or state of mind of officer, employee etc 89 Statutory declarations 90 False or misleading statement 91 False or misleading report 92 Self-incrimination 93 Evidentiary provisions 94 Service 95 Recovery of fees and other amounts due to Minister 96 Recovery of administrative and technical costs associated with contraventions 97 Assessment of reasonable costs and expenses 98 Regulations and fees notices 99 Review of Act Schedule 1—Application of this Act to Roxby Downs Joint Venturers Schedule 2—Related amendments, repeals and transitional provisions Part 1—Preliminary 1 Amendment provisions Part 2—Amendment of Environment Protection Act 1993 2 Substitution of section 91 91 Self-incrimination Part 3—Repeal of Radiation Protection and Control Act 1982 3 Repeal of Act Part 4—Transitional provisions 4 Radiation Protection Committee 5 Authorised officers 6 Certain licences to continue as radiation management licences 7 Certain licences to continue as radiation use licences 8 Registrations to continue 9 Accreditations to continue 10 Directions relating to dangerous situations to continue 11 Exemptions to continue Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Radiation Protection and Control Act 2021. 2—Commencement This Act comes into operation on a day to be fixed by proclamation. 3—Interpretation (1) In this Act, unless the contrary intention appears— accreditation means an accreditation issued under this Act; associate—see subsection (3); authorisation means a licence or registration issued under this Act; authorised officer means a person appointed as an authorised officer under Part 7; carrier means a person who— (a) carries on the business of transporting goods; and (b) undertakes to be responsible, or is responsible, for the transport of the goods; Committee—see section 8; contravene includes fail to comply with; corresponding law means a law of the Commonwealth, or of a State or Territory, declared by the regulations to be a corresponding law for the purposes of this Act; deal with means use, manufacture, store, sell, receive, possess, install, operate, maintain, repair, dispose of or transport; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; developmental testing operations means operations for the extraction or processing of ores or minerals for the purposes of evaluating future mining or mineral processing operations; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; environment means land, air, water, organisms and ecosystems, and includes— (a) human‑made or modified structures or areas; and (b) the amenity values of an area; ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993; exemption means an exemption granted under this Act; exploration means operations of any kind carried out in the course of— (a) exploring for minerals; or (b) determining the extent of a mineral deposit, and includes surface drilling and geophysical prospecting; general duty of care—see section 53; handle includes manipulate by indirect or remote means; health practitioner means a person who practises 1 or more of the following: (a) a health profession (within the meaning of the Health Practitioner Regulation National Law (South Australia); (b) any other profession or practice included in the ambit of this definition by the regulations; health services— (a) in the case of a person who practises a health profession—means the provision of services by the health practitioner in the person's particular health profession; or (b) in any other case—has the meaning assigned by the regulations; high risk radioactive material means radioactive material of a kind designated by the regulations as high risk radioactive material for the purposes of this Act; high risk radioactive source means a radiation source of a kind designated by the regulations as a high risk radioactive source for the purposes of this Act; identity check has the meaning assigned to it by the regulations; information discovery order means an information discovery order issued under Part 7 Division 4; in situ recovery means a process by which chemical solutions are injected into underground ore deposits to dissolve or leach— (a) elements that include radioactive elements; or (b) compounds that include radioactive compounds; ionising radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly in passage through matter but does not include electromagnetic radiation of a wavelength greater than 100 nanometres; ionising radiation apparatus means apparatus capable of producing ionising radiation by accelerating atomic particles; licence means a radiation management licence or radiation use licence; mineral processing means operations for the concentration or processing of ores or minerals, or operations for processing fluids from in situ or other recovery operations conducted on ores or minerals, and includes— (a) incidental operations for the management of radioactive process materials, residues or wastes; and (b) any other operations included in the ambit of this definition by the regulations; mining means operations for the recovery, handling or storage of ores or minerals, and includes— (a) construction activities to establish any mine facilities; and (b) incidental operations for the recovery, handling or storage of ores or minerals; and (c) incidental operations for the management or disposal of waste or residues; and (d) rehabilitation activities to restore land disturbed by mining operations; and (e) in situ recovery and other operations by means of which minerals are recovered from an ore or a natural body of water; and (f) any other activities or operations included in the ambit of this definition by the regulations, but does not include— (g) surface excavating that does not intersect with any such ores or minerals; or (h) surface drilling for the purposes of exploration; or (i) geophysical prospecting; or (j) any other operations excluded from the ambit of this definition by the regulations; Minister for Health means the Minister responsible for the administration of the South Australian Public Health Act 2011; non‑ionising radiation means electromagnetic radiation of a wavelength greater than 100 nanometres; non‑ionising radiation apparatus means apparatus capable of producing non‑ionising radiation but not ionising radiation; officer, in relation to a body corporate, means— (a) a director of the body corporate; or (b) the chief executive officer of the body corporate; or (c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate, and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related; owner, in relation to an apparatus or thing that has been let out on hire, means the person who takes it on hire; permit means a permit issued under section 48 of this Act; place includes any premises; premises means any land, building or structure whether fixed or moveable, or part of any land, building or structure; principles of ecologically sustainable development—see section 7; radiation means ionising radiation or non‑ionising radiation; radiation apparatus means ionising radiation apparatus or non‑ionising radiation apparatus; radiation facility means a facility of a prescribed class at which a radiation source is used, handled, stored, disposed of or otherwise managed; radiation management licence means a radiation management licence issued under this Act; radiation protection cessation order means a radiation protection cessation order issued under section 55; radiation protection order means a radiation protection order issued under section 54 or 55; radiation protection principle—see section 6; radiation source means a sealed radioactive source, unsealed radioactive material or radiation apparatus, or any equipment, object, article or thing that emits or may emit ionising or non‑ionising radiation when energised; radiation use licence means a radiation use licence issued under this Act; radioactive material means a material or substance occurring naturally or artificially produced (whether solid, liquid or gaseous) that— (a) contains more than the prescribed concentration of a radioactive element or compound (whether natural or artificial); or (b) contains a radioactive element or compound that has an activity exceeding the prescribed amount, (or both) and includes a device or thing that contains such a material or substance; registration means registration under this Act; reparation authorisation means a reparation authorisation issued under section 61; reparation order means a reparation order issued under section 57; repealed Act means the Radiation Protection and Control Act 1982; sealed radioactive source means a radioactive material that is sealed in a capsule or associated with a material to which it is closely bonded, being a capsule or bonding material that is strong enough to maintain leak-tightness of the sealed source under the conditions of use and wear for which it was designed; security background check has the meaning assigned to it by the regulations; security enhanced radioactive source means a radiation source of a kind designated by the regulations as a security enhanced radioactive source for the purposes of this Act; seizure order means a seizure order made by an authorised officer under section 71; spouse—a person is the spouse of another if they are legally married; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; unsealed radioactive material means a radioactive material that is not a sealed radioactive source; uranium includes a chemical compound of uranium; vehicle has the same meaning as in the Road Traffic Act 1961; vessel has the same meaning as in the Harbors and Navigation Act 1993. (2) In this Act, a reference to a vehicle includes a reference to a train, tram, vessel or aircraft unless it is otherwise expressly stated. (3) For the purposes of this Act, a person is an associate of another if— (a) they are partners; or (b) 1 is a spouse, domestic partner, parent or child of another; or (c) they are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or (d) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) 1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (g) a chain of relationships can be traced between them under any 1 or more of the above paragraphs. (4) For the purposes of subsection (3), a beneficiary of a trust includes an object of a discretionary trust. (5) For the purposes of this Act— (a) the owner of a radiation facility or radiation source, or premises on which a radiation source is stored or used, is the person in whose name the facility, source or premises is, or is required to be, licensed or registered under this Act; (b) a person has possession of a radiation source if the source is under the person's control (whether or not the source is also in the person's custody), including control of the source for storage or use, or for sale, but not if— (i) the person is using or handling the radiation source and the overall control of the source is the responsibility of another person; or (ii) the radiation source is a radioactive material that the person is transporting; or (iii) the radiation source is a radioactive material that— (A) the person or an animal kept by the person has been injected with; or (B) has been administered to, or implanted in, the person or an animal kept by the person, as part of a diagnostic or therapeutic procedure. 4—Interaction with other Acts and laws The provisions of this Act— (a) are in addition to those of any other Act or law; and (b) do not limit or derogate from the provisions of any other Act or law, or from any civil remedy at law or in equity. Part 2—Objects and principles 5—Objects of Act The objects of this Act are— (a) to protect people and the environment from the harmful effects of radiation by applying the radiation protection principle; and (b) to ensure that radiation sources are secured against misuse that may result in harm to people or the environment; and (c) to recognise the benefits of the safe and justified uses of radiation; and (d) to promote the principles of ecologically sustainable development. 6—Radiation protection principle (1) The radiation protection principle is the principle that people and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation. (2) Justification involves— (a) assessing whether the benefits of a practice involving ionising radiation or its use outweigh the detriment; and (b) only adopting the practice if it produces sufficient benefit to outweigh the detriment. (3) Limitation involves— (a) setting radiation dose limits or specifying radiation emission or absorption standards and ensuring compliance with those limits or standards; or (b) imposing other measures and ensuring compliance with those measures, so that the risks to people and the environment from exposure to radiation are below levels considered unacceptable. (4) Optimisation of protection, in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose people or the environment to ionising radiation, means the following: (a) keeping the magnitude of individual doses of, or the number of people that may be exposed to, ionising radiation as low as is reasonably achievable, taking into account economic, social and environmental factors; (b) if the magnitude of individual doses, or the number of people that may be exposed, is uncertain—keeping the likelihood of incurring exposures of ionising radiation as low as is reasonably achievable, taking into account economic, social and environmental factors. 7—Principles of ecologically sustainable development The principles of ecologically sustainable development are the principles set out in section 10(1)(a) of the Environment Protection Act 1993. Part 3—Administration Division 1—Radiation Protection Committee 8—Radiation Protection Committee (1) The Radiation Protection Committee established by the Radiation Protection and Control Act 1982 continues in existence. (2) The Committee consists of not more than 9 members appointed by the Governor on the nomination of the Minister. (3) One of the persons nominated by the Minister must be a person selected by the Minister for Health to represent the interests of the Minister for Health on the Committee. (4) The Minister must, when nominating persons for appointment as members of the Committee, seek to ensure that, as far as is practicable, the members of the Committee collectively have qualifications, knowledge, expertise and experience in the following areas: (a) radiology or diagnostic radiography; (b) nuclear medicine; (c) radiation oncology or radiotherapy; (d) industrial or scientific uses of radiation; (e) health or medical physics; (f) mining; (g) environmental science; (h) public health. (5) The Governor will appoint 1 member of the Committee (the presiding member) to preside at its meetings and another member (the deputy presiding member) to preside at meetings in the absence of the presiding member. 9—Terms and conditions of office (1) A member of the Committee will be appointed on conditions determined by the Governor for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may appoint a suitable person to be a deputy of a member of the Committee and that person, while acting in the absence of that member, will be taken to be a member of the Committee with all the powers, rights and duties of the member of whom the person is deputy. (3) The Governor may remove a member of the Committee from office for— (a) breach of, or non‑compliance with, any conditions of appointment; or (b) misconduct; or (c) failure or incapacity to carry out official duties satisfactorily. (4) The office of a member of the Committee becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice addressed to the Minister; or (d) is convicted of an indictable offence or is sentenced to imprisonment for an offence; or (e) becomes bankrupt or applies to take the benefit of a law for the relief of insolvent debtors; or (f) is removed from office under subsection (3). (5) On the office of a member of the Committee becoming vacant, a person will be appointed in accordance with this Act to the vacant office, but if the office of a member becomes vacant before the expiration of a term of appointment, the successor will be appointed only for the balance of the term. 10—Functions The Committee has the following functions: (a) to advise the Minister in relation to the formulation of regulations under this Act; (b) to advise the Minister on the formulation of radiation protection codes and standards; (c) to provide technical advice to the Minister on radiation protection and safety relating to human health and the environment; (d) to provide technical advice to the Minister for Health on matters related to the application or use of radiation for medical purposes; (e) to investigate and report on any other matters relevant to the administration of this Act at the request of the Minister or of its own motion; (f) to perform any other function assigned to the Committee by or under this Act. 11—Validity of acts An act or proceeding of the Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 12—Proceedings (1) Subject to this Act, a quorum at a meeting of the Committee consists of a number ascertained by dividing the total number of members by half, ignoring any fraction resulting from the division, and adding 1. (2) A meeting of the Committee will be chaired by the presiding member or, in the absence of the presiding member, by the deputy presiding member and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Committee must choose 1 of their number to preside at the meeting. (3) A decision carried by a majority of the votes cast by members of the Committee at a meeting is a decision of the Committee. (4) Each member present at a meeting of the Committee is entitled to 1 vote on any matter arising for decision. (5) A conference between members constituting a quorum by telephone or audio-visual means is a valid meeting of the Committee if— (a) notice of the conference is given to all members in the manner determined by the Committee for that purpose; and (b) the system of communication allows a participating member to communicate with any other participating member during the conference. (6) A resolution of the Committee— (a) of which prior notice was given to members in accordance with procedures determined by the Committee; and (b) in which at least the majority of members of the Committee expressed their concurrence in writing or by electronic communication, will be taken to be a decision of the Committee made at a meeting of the Committee. (7) The Committee must have accurate minutes kept of its proceedings. (8) Subject to subsection (9), the Committee must publish the minutes of its meetings on a website determined by the Minister that is accessible by the public free of charge. (9) The Committee may omit, redact or delete, from minutes published under subsection (8), any information that would make the minutes an exempt document under the Freedom of Information Act 1991. (10) Subject to this Act, the Committee may determine its own procedures. 13—Sub‑committees (1) The Minister may establish sub‑committees of the Committee to assist the Committee or the Minister in the performance of functions of the Committee or Minister under this Act. (2) A sub‑committee will consist of such members of the Committee or other persons as may be appointed to the sub‑committee by the Minister. (3) A sub‑committee must not act of its own motion but only in relation to matters referred to it by the Committee. (4) Subject to this Act, the procedure for meetings of sub‑committees will be determined by the presiding member of the Committee. 14—Application of Public Sector (Honesty and Accountability) Act The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a sub‑committee of the Committee as if the sub‑committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. 15—Provision of services (1) The Minister may appoint an officer of the public service of the State to be the secretary to the Committee. (2) The Department may provide the Committee with administrative assistance and facilities for the performance of its functions under this Act. Division 2—Miscellaneous 16—Delegation (1) The Minister may delegate a function or power under this Act to— (a) a specified body or person; or (b) a person for the time being holding or acting in a specified office or position. (2) A delegation— (a) must be by instrument in writing; and (b) may be made subject to conditions or limitations; and (c) does not derogate from the ability of the delegator to act in any matter; and (d) is revocable at will. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 17—Annual report The Department must, in its annual report to the Minister under section 12 of the Public Sector Act 2009, incorporate a report on the administration of this Act during the financial year to which the report relates and include in it prescribed information. Part 4—Radiation protection and control Division 1—Activities requiring radiation management licence 18—Testing for developmental purposes (1) A person must not carry out developmental testing operations involving or in relation to mining or mineral processing where a prescribed radioactive material is present unless the operations are authorised by a radiation management licence granted by the Minister under this Act. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000 or imprisonment for 10 years. (2) For the purposes of subsection (1) (and without limiting that subsection), operations, in relation to mining or mineral processing, include— (a) establishing, operating or decommissioning any developmental testing facilities; and (b) operations for the rehabilitation of land on account of the impact of any operations associated with developmental testing; and (c) any other operations included in the ambit of this section by the regulations. (3) Subsection (1) does not apply to operations of a prescribed class. (4) The Minister may, before determining an application for a radiation management licence authorising operations of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (5) A radiation management licence authorising operations of a kind referred to in subsection (1) must specify the operations to which it applies and the places at which those operations may be carried out. (6) In this section— prescribed radioactive material means a radioactive material containing more than the prescribed concentration of any naturally occurring radioactive element or compound. 19—Mining or mineral processing (1) A person must not carry out operations for or in relation to mining or mineral processing where a prescribed radioactive material is present or will be produced unless the operations are authorised by a radiation management licence granted by the Minister under this Act. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000 or imprisonment for 10 years. (2) For the purposes of subsection (1) (and without limiting that subsection), operations, in relation to mining or mineral processing, include— (a) establishing, operating or decommissioning any facilities associated with mining or mineral processing; and (b) operations for the rehabilitation of land on account of the impact of any operations associated with mining or mineral processing; and (c) any other operations included in the ambit of this section by the regulations. (3) Subsection (1) does not apply to operations of a prescribed class. (4) The Minister may, before determining an application for a radiation management licence authorising operations of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (5) A radiation management licence authorising operations of a kind referred to in subsection (1) must specify the operations to which it applies and the places at which those operations may be carried out. (6) A temporary suspension or cessation of operations of a kind referred to in subsection (1) does not relieve a person of the obligation to hold a licence authorising such operations. (7) In this section— prescribed radioactive material means a radioactive material containing more than the prescribed concentration of any naturally occurring radioactive element or compound. 20—Construction, establishment, control etc of radiation facility (1) A person must not prepare a site for, or construct, establish, control, operate, manage, decommission, dispose of or abandon, a radiation facility unless authorised to do so by a radiation management licence granted by the Minister under this Act. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000 or imprisonment for 10 years. (2) Subsection (1) does not apply to a person of a prescribed class. (3) The Minister may, before determining an application for a radiation management licence authorising activities of a kind referred to in subsection (1), refer the application to the Committee for its advice and give due consideration to the advice of the Committee. (4) The Minister must not grant a radiation management licence authorising activities of a kind referred to in subsection (1) unless satisfied— (a) that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry out the activities authorised by the licence; and (b) that the facility and any relevant operations comply, or will comply, with the regulations. (5) A radiation management licence authorising activities of a kind referred to in subsection (1) must specify the facility and activities to which it applies. 21—Transport of radioactive material (1) A carrier must not transport radioactive material unless authorised to do so by a radiation management licence granted by the Minister under this Act. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000. (2) Subsection (1) does not apply— (a) in prescribed circumstances; or (b) in relation to a person or radioactive material of a prescribed class. (3) A person must not operate a vehicle transporting radioactive material unless the carrier of the radioactive material is authorised to transport the material by a radiation management licence granted by the Minister under this Act. Maximum penalty: $50 000. (4) This section does not apply in relation to the transport of radioactive material that is regulated under the Civil Aviation Act 1988 of the Commonwealth. 22—Possession of radiation source (1) A person must not be in possession of a radiation source unless authorised to do so by a radiation management licence granted by the Minister under this Act. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000. (2) Subsection (1) does not apply— (a) in prescribed circumstances; or (b) to or in relation to a person or thing of a prescribed class. (3) The Minister must not grant a radiation management licence authorising the possession of a radiation source of a kind referred to in subsection (1) unless satisfied— (a) that the applicant has appropriate knowledge of the principles and practices of radiation protection to have possession of the radiation source in the circumstances to which the licence is to relate; and (b) that any requirement prescribed by the regulations is complied with or satisfied. Division 2—Activities requiring radiation use licence 23—Use or handling of radioactive material (1) A natural person must not use or handle radioactive material unless authorised to do so by a radiation use licence granted by the Minister under this Act. Maximum penalty: $50 000. (2) Subsection (1) does not apply to a person or substance of a prescribed class. (3) If the owner of radioactive material causes, suffers or permits the radioactive material to be used or handled by a person who is required to hold, but does not hold, a radiation use licence authorising the person to use or handle the radioactive material, the owner is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (4) The Minister must not grant a licence authorising the use or handling of radioactive material unless satisfied that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry on the activities proposed to be carried on by the applicant under the licence. 24—Operation of radiation apparatus (1) A natural person must not operate— (a) ionising radiation apparatus; or (b) non‑ionising radiation apparatus of a prescribed class, unless authorised to do so by a radiation use licence granted by the Minister under this Act. Maximum penalty: $50 000. (2) Subsection (1)(a) does not apply to a person or apparatus of a prescribed class. (3) If the owner of a radiation apparatus causes, suffers or permits the radiation apparatus to be operated by a person who is required to hold, but does not hold, a radiation use licence authorising the person to operate the radiation apparatus, the owner is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (4) The Minister must not grant a radiation use licence authorising the operation of radiation apparatus of a kind referred to in subsection (1) unless satisfied that the applicant has appropriate knowledge of the principles and practices of radiation protection to carry on the operations proposed to be carried on by the applicant under the licence. Division 3—Premises and radiation apparatus and sources requiring registration 25—Premises in which unsealed radioactive materials are handled or kept (1) Premises in which an unsealed radioactive material is kept or handled must be registered by the Minister in the name of the occupier of the premises. (2) Subsection (1) does not apply to premises or a substance of a prescribed class. (3) If premises in which an unsealed radioactive material is kept or handled are not registered as required by subsection (1), the occupier of the premises is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (4) Subject to this section, a person must not keep or handle, or cause, suffer or permit another person to keep or handle, an unsealed radioactive material in premises that are not registered as required by subsection (1). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (5) Subject to subsection (6), if premises are the subject of an application for registration, an unsealed radioactive material may be kept or handled in the premises pending determination of the application. (6) The Minister may, by notice given in the prescribed manner to the occupier of premises that are the subject of an application for registration, restrict or prohibit the keeping or handling of an unsealed radioactive material in the premises subject to such conditions as the Minister thinks fit. (7) A person must not keep or handle, or cause, suffer or permit another person to keep or handle, an unsealed radioactive material in premises in contravention of a notice under subsection (6). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. 26—Sealed radioactive sources (1) A sealed radioactive source must be registered by the Minister in the name of the owner of the source. (2) If a sealed radioactive source is not registered as required by subsection (1), the owner of the sealed radioactive source is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (3) Subsection (1) does not apply to a sealed radioactive source of a prescribed class. (4) Subject to this section, a person must not— (a) use or handle, or cause, suffer or permit another person to use or handle, a sealed radioactive source that is not registered as required by subsection (1); or (b) keep in storage, or cause, suffer or permit to be kept in storage, a sealed radioactive source that is not registered as required by subsection (1). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (5) Subject to subsection (6), if a sealed radioactive source is the subject of an application for registration, the source may be used or handled, or kept in storage, pending determination of the application. (6) The Minister may, by notice given in the prescribed manner to the owner of a sealed radioactive source that is the subject of an application for registration, restrict or prohibit the use of the source subject to such conditions as the Minister thinks fit. (7) A person must not use, or cause, suffer or permit another person to use, a sealed radioactive source in contravention of a notice under subsection (6). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. 27—Radiation apparatus (1) The following types of radiation apparatus must be registered by the Minister in the name of the owner of the apparatus: (a) ionising radiation apparatus; (b) non‑ionising radiation apparatus of a prescribed class. (2) Subsection (1)(a) does not apply to apparatus of a prescribed class. (3) If radiation apparatus to which subsection (1) applies is not registered as required by that subsection, the owner of the radiation apparatus is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (4) Subject to this section, a person must not use, or cause, suffer or permit another person to use, radiation apparatus that is not registered as required by subsection (1). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. (5) Subject to subsection (6), if radiation apparatus is the subject of an application for registration, the apparatus may be used pending determination of the application. (6) The Minister may, by notice given in the prescribed manner to the owner of radiation apparatus that is the subject of an application for registration, restrict or prohibit the use of the apparatus subject to such conditions as the Minister thinks fit. (7) A person must not use, or cause, suffer or permit another person to use, radiation apparatus in contravention of a notice under subsection (6). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of a natural person—$50 000. Division 4—Prohibited activities 28—Operations for enrichment or conversion of uranium (1) A person must not carry on an operation for the conversion or enrichment of uranium. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of a natural person—$200 000 or imprisonment for 20 years. (2) In this section— conversion of uranium means the conversion of uranium oxides to uranium hexafluoride; enrichment of uranium means alteration of the isotopic composition of uranium. 29—Abandonment of radiation sources (1) A person must not, without reasonable excuse, abandon a radiation source. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000. (2) Subsection (1) does not apply— (a) in prescribed circumstances; or (b) to or in relation to a person or thing of a prescribed class. (3) Bankruptcy or the liquidation of a company is not a reasonable excuse for a person to abandon a radiation source. Division 5—Accreditation of third party service providers 30—Accreditation process (1) The Minister must not grant an accreditation unless satisfied— (a) that the applicant has appropriate skills, qualifications, knowledge or experience to properly carry out the activities authorised by the accreditation; and (b) that the applicant satisfies any other requirements for accreditation prescribed by the regulations. (2) The Minister may establish various classes of accreditation for the purposes of this Act. (3) An accreditation may, according to its terms, be limited as to the matters to be covered by the accreditation. 31—Authority conferred by accreditation An accreditation may authorise the person named in the accreditation to do any 1 or more of the following (subject to, and in accordance with, the terms and conditions of the accreditation): (a) to conduct tests on radiation sources; (b) to undertake activities to assess compliance with this Act or any requirements prescribed by the regulations; (c) to issue certificates of compliance or certificates of competency in relation to matters regulated under this Act; (d) to conduct courses of training leading to qualifications to hold a licence or registration under this Act; (e) to carry out such other activities as may be determined or approved by the Minister. 32—Reliance on professional advice The Minister may, in the exercise of a function under this Act, rely on a certificate issued by a person who holds an accreditation under this Division. 33—Offences (1) A person who is not an accredited person under this Division must not hold themself out as, or pretend to be, the holder of an accreditation under this Division. Maximum penalty: $50 000. (2) A person must not alter or permit to be altered any information or statement in a certificate issued by an accredited person for the purposes of this Act unless— (a) the alteration is authorised in writing by the accredited person who issued the certificate; or (b) the alteration is made in prescribed circumstances. Maximum penalty: $50 000. (3) A person must not, in issuing a certificate of compliance or a certificate of competency for the purposes of this Act, make or cause to be made a statement that is false or misleading in a material particular. Maximum penalty: $50 000. Division 6—General provisions relating to accreditations and authorisations 34—Application for accreditation or authorisation (1) An application for an accreditation or authorisation under this Act must be made in a manner and form determined by the Minister. (2) The prescribed application fee must be paid to the Minister when an application for an accreditation or authorisation is made. (3) The Minister may, before determining an application for an accreditation or authorisation, require the applicant— (a) to undergo an identity check or a security background check (or both); and (b) to furnish such further information, documents or other material as the Minister may require to determine the application; and (c) to comply with such other requirements as may be prescribed by the regulations. (4) An applicant for the issue of a radiation management licence must submit to the Minister a radiation management plan that complies with the regulations. (5) The Minister must not grant an accreditation or authorisation unless satisfied that— (a) in the case of an applicant who is a natural person—the applicant is a fit and proper person to hold an accreditation or authorisation of the kind for which application has been made; or (b) in the case of an applicant that is a body corporate—every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds an accreditation or authorisation of the kind for which application has been made. (6) The Minister may refuse to grant an accreditation or authorisation— (a) if the applicant has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (b) if the applicant has been found guilty of an offence involving dishonesty or violence; or (c) if the applicant has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (d) if the applicant has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (e) if the applicant is or has been the director of a body corporate that has contravened this Act, the repealed Act, a prescribed Act or a corresponding law, or has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (f) if the applicant has failed to pass an identity check or a security background check; or (g) if prescribed grounds exist for the refusal. (7) For the purposes of this section, any Act, including a repealed Act or an Act of a place other than this State, may be declared by regulation to be a prescribed Act. 35—Annual fee (1) The prescribed annual fee is payable in respect of each year of the term of an accreditation or authorisation. (2) The fee for the first year of the term of an accreditation or authorisation must be paid before the grant of the accreditation or authorisation and the fee for each succeeding year must be paid on or before the anniversary of the date of the grant of the accreditation or authorisation or, if it has been renewed, the anniversary of the date of its last renewal. (3) If the holder of an accreditation or authorisation fails to pay the annual fee for the accreditation or authority in accordance with this section, the Minister may, by notice given in the prescribed manner to the holder, require the holder to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. 36—Conditions of accreditation or authorisation (1) An accreditation or authorisation may be subject to such conditions as the Minister thinks fit and specifies in the accreditation or authorisation. (2) A radiation management licence is subject to a condition that the holder of the licence must ensure that the radiation management plan submitted under section 34 is complied with. (3) The Minister may at any time, by notice given in the prescribed manner to the holder of an accreditation or authorisation, vary or revoke a condition of the accreditation or authorisation, or impose a further condition. (4) A decision of the Minister to impose a condition on, or to vary a condition of, an accreditation or authorisation takes effect at the expiration of 1 month from the date on which notice is given under subsection (3), but if an application for review of the decision is made the Tribunal may act under section 36(2) and (3) of the South Australian Civil and Administrative Tribunal Act 2013. (5) The holder of an accreditation or authorisation must not contravene a condition of the accreditation or authorisation. Maximum penalty: (a) if the condition is a major condition— (i) in the case of a body corporate—$500 000; (ii) in the case of a natural person—$100 000 or imprisonment for 10 years or both; (b) if the condition is a minor condition— (i) in the case of a body corporate—$50 000; (ii) in the case of a natural person—$10 000. (6) The expiation fee for an alleged offence against subsection (5) relating to a minor condition is— (a) in the case of a body corporate—$5 000; (b) in the case of a natural person—$1 000. (7) The Minister may, by notice in the Gazette— (a) designate a specified condition, or a condition of a specified class, as a major condition for the purposes of this section; or (b) vary or revoke a designation under paragraph (a). (8) In this section— major condition of an accreditation or authorisation means a condition, or a condition of a class, designated by the Minister as a major condition for the purposes of this section; minor condition of an accreditation or authorisation means a condition that is not a major condition. 37—Minister may require financial assurance to secure compliance with conditions of authorisation (1) Subject to this section, the Minister may impose a condition on an authorisation requiring the holder of the authorisation to lodge with the Minister a financial assurance, the discharge of which is conditional on specified conditions of the authorisation being complied with. (2) A condition requiring the lodgment of a financial assurance may be imposed— (a) when an authorisation is granted; or (b) when an authorisation is transferred. (3) A financial assurance may take the form of— (a) a bond; or (b) a specified pecuniary sum; or (c) a policy of insurance; or (d) a letter of credit; or (e) a form of financial assurance approved by the Minister. (4) The Minister may require a financial assurance to be supported by a bank guarantee or other security approved by the Minister. (5) In the case of a condition requiring a financial assurance in the form of a policy of insurance— (a) the Minister may require that the Minister be a joint insured or a beneficiary of the insurance; and (b) the Minister will be taken to have an insurable interest in the subject matter covered by the insurance policy. (6) The Minister must not impose a condition on an authorisation requiring the lodgment of a financial assurance unless satisfied that the condition is justified in view of the nature of the authorisation and the degree of harm to the environment or to the health or safety of people that could result if the conditions of the authorisation for which the financial assurance is to be required are not complied with. (7) The amount of a bond or pecuniary sum that the Minister may require as a financial assurance must not exceed an amount that, in the opinion of the Minister, represents the total of the likely costs and expenses that might be incurred by a person in complying with the conditions of the authorisation for which the financial assurance is required. (8) Despite any other provision of this Act, the Minister may refuse to issue an authorisation or approve the transfer of an authorisation if the applicant or transferee is not willing to accept an authorisation subject to a condition requiring the lodgment of a financial assurance. (9) If a condition requiring a financial assurance in the form of a bond or pecuniary sum is not complied with— (a) the Minister may determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Crown; and (b) the Minister may apply an amount so forfeited in payment for or towards any costs, expenses, loss or damage that may be incurred or suffered by the Crown as a result of the conditions of the authorisation not being complied with. 38—Duration of accreditation or authorisation and renewal (1) Subject to this Act, an accreditation or authorisation will remain in force for such period (being not less than 12 months and not more than 5 years) as the Minister may specify— (a) in the case of an accreditation or registration—in the certificate of accreditation or registration; or (b) in the case of a licence—in the licence. (2) Subject to this Act, the Minister must, on application made in a manner and form determined by the Minister and payment of the prescribed fee, renew an accreditation or authorisation. (3) Subject to this Act, an accreditation or authorisation renewed under this section will remain in force for such period (being not less than 12 months and not more than 5 years) as the Minister may specify— (a) in the case of an accreditation or registration—in the certificate of accreditation or registration; or (b) in the case of a licence—in the licence. (4) In this section— prescribed fee means— (a) in relation to an accreditation or authorisation for which an annual fee has been prescribed—the annual fee payable in respect of the year of the term of the accreditation or authorisation commencing on the date of its renewal; or (b) in any other case—the fee prescribed for renewal of the accreditation or authorisation. 39—Issue of single authorisation (1) If a person engages in multiple activities or carries out multiple operations that require a licence under this Act, the Minister may, on application by the person for the issue or renewal of a licence under this Act for any of those activities or operations, grant the person a single licence authorising all activities and operations for which the person requires a licence under this Act. (2) If the Minister issues a single licence under this section, the Minister may record on that licence any registration held by the holder of the licence. 40—Transfer of authorisations (1) Subject to this section, the Minister must— (a) on application made in a manner and form determined by the Minister; and (b) payment of the prescribed fee, approve the transfer of an authorisation. (2) The Minister must not approve the transfer of an authorisation unless satisfied that— (a) in the case of an applicant who is a natural person—the applicant is a fit and proper person to hold an authorisation of the kind to which the application relates; or (b) in the case of an applicant that is a body corporate—every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds an authorisation of the kind to which the application relates. (3) The Minister may refuse to approve the transfer of an authorisation— (a) if the applicant has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (b) if the applicant has been found guilty of an offence involving dishonesty or violence; or (c) if the applicant has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (d) if the applicant has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (e) if the applicant is or has been the director of a body corporate that has contravened this Act, the repealed Act, a prescribed Act or a corresponding law, or has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (f) if the applicant has failed to pass an identity check or a security background check; or (g) if prescribed grounds exist for the refusal. (4) This section does not apply to an authorisation of a prescribed kind. (5) For the purposes of this section, any Act, including a repealed Act or an Act of a place other than this State, may be declared by regulation to be a prescribed Act. 41—Surrender of accreditations and authorisations (1) Subject to this section, the holder of an accreditation or authorisation may surrender the accreditation or authorisation to the Minister. (2) A radiation management licence or registration may only be surrendered with the approval of the Minister. (3) An application for approval to surrender an authorisation must be made in a manner and form determined by the Minister. (4) The Minister may, on application for approval to surrender an authorisation— (a) approve the surrender of the authorisation; or (b) if satisfied that it is necessary in order to protect the health or safety of people or to protect or restore the environment— (i) impose further conditions on the authorisation; and (ii) approve the surrender of the authorisation on the holder of the authorisation satisfying the Minister that the conditions have been fulfilled or that satisfactory arrangements have been made for their fulfilment. (5) On the surrender of an accreditation or authorisation, the accreditation or authorisation ceases to have any force or effect. (6) The prescribed fee must be paid when an application for an approval under this section is made. 42—Suspension and cancellation of accreditations and authorisations (1) Proper cause exists for the suspension or cancellation of an accreditation or authorisation if the Minister is satisfied that— (a) the accreditation or authorisation was improperly obtained; or (b) the holder of the accreditation or authorisation has contravened, or failed to comply with, a condition of the accreditation or authorisation; or (c) the holder of the accreditation or authorisation has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (d) the holder of the accreditation or authorisation has been found guilty of an offence involving dishonesty or violence; or (e) the holder of the accreditation or authorisation has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (f) the holder of the accreditation or authorisation is for any other reason no longer a fit and proper person to hold the accreditation or authorisation; or (g) in the case of an accreditation—the holder of the accreditation— (i) has ceased to hold a qualification on the basis of which the Minister granted the accreditation; or (ii) has not acted competently or appropriately in undertaking activities under the accreditation; or (h) in the case of an authorisation—the holder of the authorisation— (i) has ceased to hold a qualification on the basis of which the Minister granted the authorisation; or (ii) has ceased to work in a capacity for which the authorisation is required; or (i) the holder of the accreditation or authorisation has, on at least 2 occasions, made decisions that have compromised the security of a radiation source; or (j) in the case of an accreditation or authorisation relating to a security enhanced radioactive source—the holder of the accreditation or authorisation has failed to pass a security background check; or (k) events have occurred or circumstances have changed such that the holder of the accreditation or authorisation would not be entitled to be granted that accreditation or authorisation if an application were now to be made; or (l) the security of a radiation source, the environment, or the health or safety of the public, may be put at risk unless the accreditation or authorisation is suspended or cancelled. (2) Proper cause exists for the suspension or cancellation of a radiation use licence— (a) in the case of a licence held by a health practitioner—if the health practitioner's accreditation, licence, registration or other authority under the Health Practitioner Regulation National Law (South Australia) or other Act regulating the health practitioner's right to provide health services is suspended or cancelled, or conditions are placed on the health practitioner's accreditation, licence, registration or other authority limiting the health practitioner's right to provide health services; or (b) in the case of a person (other than a health practitioner) who operates radiation apparatus in the course of the person's professional practice—if the person's accreditation, licence, registration or other authority under an Act regulating the person's right to practice is suspended or cancelled, or conditions are placed on the person's accreditation, licence, registration or other authority limiting the person's right to practice. (3) If proper cause exists for the suspension or cancellation of an accreditation or authorisation, the Minister may, by notice given in the prescribed manner to the holder of the accreditation or authorisation— (a) suspend the accreditation or authorisation for a specified period or until the Minister terminates the suspension; or (b) cancel the accreditation or authorisation. (4) A notice of suspension or cancellation under subsection (3) must specify the time at which the suspension or cancellation will take effect. (5) An accreditation or authorisation that is cancelled under this section ceases to have any force or effect when the cancellation takes effect. (6) An accreditation or authorisation that is suspended under this section has no force or effect during the period of the suspension. (7) If an accreditation or authorisation is suspended, it may be renewed but remains subject to suspension until the expiration of the period of suspension. (8) If an authorisation is suspended, the Minister may give such directions in relation to— (a) the use or occupation of any premises and the use, handling or storage of the unsealed radioactive material; or (b) the operation, use or storage of the sealed radioactive source or radiation apparatus, during the period of the suspension as the Minister considers appropriate. (9) If an authorisation is cancelled, the Minister may— (a) in relation to any relevant premises, give such directions as the Minister considers appropriate in relation to the use or occupation of the premises and the disposal of the unsealed radioactive material; or (b) in the case of a sealed radioactive source or radiation apparatus— (i) give such directions as the Minister considers appropriate in relation to the disposal of the source or apparatus; or (ii) by notice given in the prescribed manner to the owner of the source or apparatus, forfeit the source or apparatus to the Crown. (10) If the Minister forfeits a sealed radioactive source or radiation apparatus under subsection (9)(b)(ii), the source or apparatus may be seized by an authorised officer and disposed of as the Minister directs. (11) If the Minister disposes of a sealed radioactive source or radiation apparatus under subsection (10), the Minister may recover any reasonable costs incurred by the Minister in doing so from the former owner of the source or apparatus as a debt due to the Minister. (12) The person in whose name any premises, sealed radioactive source or radiation apparatus was licensed or registered must not contravene a direction given by the Minister under subsection (8) or (9). Maximum penalty: $50 000. (13) If the Minister suspends or cancels an accreditation or authorisation under this section, the Minister must advise the Committee of that fact. 43—Review of decisions (1) A person aggrieved by a reviewable decision may ap