Radiation Protection Act 2005 (Tas)

Radiation Protection Act 2005 An Act for the protection of people and the environment from harmful radiation, to repeal the Radiation Control Act 1977 , to consequentially amend the Approvals (Deadlines) Act 1993 , to consequentially rescind certain statutory rules and for related purposes [Royal Assent 1 December 2005] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Radiation Protection Act 2005 . 2. Commencement This Act commences on a day to be proclaimed. 3. Objects of Act The objects of this Act are to – (a) ensure the health and safety of people by protecting them from the harmful effects of radiation; and (b) protect the environment from the harmful effects of radiation. 4. Interpretation In this Act, unless the contrary intention appears – amend includes – (a) omit matter; and (b) insert or add matter; and (c) omit matter and substitute other matter; approved form means a form that – (a) is approved by the Director of Public Health; or (b) contains information approved by the Director of Public Health; approved radiation management plan, for a radiation practice, means – (a) a proposed radiation management plan that – (i) accompanies an application for a licence to possess a radiation source to carry out the radiation practice under section 20(1)(b)(ii) ; and (ii) is taken to have been approved by the Director of Public Health for the radiation practice under section 24 ; or (b) that plan as amended or substituted from time to time under section 24 ; authorised officer means a person appointed as an authorised officer, or a person authorised to perform the functions and exercise the powers of an authorised officer, under section 53 ; authority means a licence, certificate of registration or certificate of accreditation; carry out, in relation to a radiation practice, means the actual performance of the radiation practice by a natural person; certificate of accreditation means a certificate of accreditation issued under section 22 that authorises the issue of certificates of compliance; certificate of compliance, in relation to a radiation source or radiation place, means a certificate of compliance issued under section 17 for the radiation source or radiation place; certificate of registration means a certificate of registration that is issued under section 22 for the registration of a place where a radiation source is, or is to be, used or stored; code of practice means the whole or any part of any code of practice, standard, rule, specification or guidelines approved under section 57 ; Council means the Radiation Advisory Council established under section 46 ; Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997 ; dispose of includes bury, disperse, hire out or lease, transfer ownership of and transfer possession of; dose, in relation to radiation, means the measure of radiation received by a person or thing; dose limit means the maximum dose of radiation a person may receive during a particular period from all radiation practices; enter, in relation to a place, includes to board the place; environment includes – (a) animals and organisms; and (b) ecosystems and their constituent parts; and (c) all natural and physical resources; and (d) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (e) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) , (b) , (c) and (d) ; executive officer, in relation to a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, whether or not – (a) the person is a director of the body corporate; or (b) the person's position is given the name of executive officer; or (c) the person is a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory; false or misleading includes false or misleading because of the omission of a statement or information; ionising radiation has the meaning given by section 5(2) ; licence means a licence issued under section 22 authorising the holder to use, manufacture, sell, acquire, possess, store, transport, install, service, repair, dispose of or otherwise deal with a radiation source; non-ionising radiation has the meaning given by section 5(3) ; occupier, in relation to a place, means – (a) the person in occupation or control of the place; or (b) if the place has different parts occupied or controlled by different persons, the person in occupation or control of the part concerned; place includes vacant land, premises and a vehicle; possess, in relation to a radiation source, means being in control of the radiation source, whether or not another person has the physical custody of the radiation source; premises includes – (a) a building or structure; and (b) land on which a building or structure is situated; and (c) a part of any such building, structure or land; public notice means a notice published in the Gazette and a daily newspaper circulating generally in Tasmania; radiation has the meaning given by section 5(1) ; radiation apparatus has the meaning given by section 6(4) ; radiation place means a place at which a radiation source is, or is to be, stored or used to carry out a radiation practice; radiation practice means any activity, including storage, relating to a radiation source that may result, whether or not intentionally, in exposing a person, the environment or a thing to radiation; radiation protection measures means measures for preventing or minimising the risks of harm to any person or the environment arising from exposure to radiation from the carrying out of a radiation practice; radiation source has the meaning given by section 6(1) and (2) ; radioactive material has the meaning given by section 6(3) ; regulations means regulations made under this Act; review notice, in relation to a decision of the Director of Public Health, means a written notice stating the following: (a) the decision; (b) that the person given the notice may request, in writing, the Director of Public Health to provide him or her with a statement of the reasons for the decision; (c) that the person given the notice may apply for a review of the decision to the Magistrates Court (Administrative Appeals Division) within 28 days after receipt of the notice; sealed source means – (a) radioactive material that is permanently sealed in a capsule; or (b) radioactive material that is in a solid form and that is bound closely – in such a way that the sealing of the capsule or binding of the material is strong enough to prevent leakage of radioactive material under the conditions of use and wear for which the capsule or binding is designed and for foreseeable mishaps; sell includes – (a) auction, exchange or supply; and (b) keep, expose, supply or receive for sale; and (c) send or deliver for sale; and (d) (e) cause or permit the doing of an act mentioned in paragraph (a) , (b) , (c) or (d) ; and (f) offer or attempt to do an act mentioned in paragraph (a) , (b) , (c) or (d) ; and (g) offer or attempt to sell; and (h) cause or permit to be sold; show cause notice means a notice given under section 32 ; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act of Tasmania, another State, a Territory or the Commonwealth or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or person appointed by a Governor, the Governor-General, a Minister in the government of Tasmania, another State, a Territory or the Commonwealth or another statutory authority; this Act includes the regulations and codes of practice; treated person means a person in respect of whom a radiation source is used to carry out a diagnostic or therapeutic procedure involving the irradiation of that person; use, in relation to a radiation source, includes – (a) use radiation emitted from the radiation source; and (b) if the radiation source is radioactive material, administer to, or inject or implant the material into, a person, animal, plant or thing; and (c) cause the radiation source to emit radiation; vehicle means anything used for transporting any thing or person by land, water or air. 5. Meaning of "radiation" (1) Radiation is ionising radiation or non-ionising radiation. (2) Ionising radiation is electromagnetic or particulate radiation capable of producing ions directly or indirectly, other than electromagnetic radiation of a wavelength equal to or greater than 100 nanometres. (3) Non-ionising radiation is electromagnetic radiation of a wavelength equal to or greater than 100 nanometres. 6. Meaning of "radiation source" (1) A radiation source is a thing that emits or may emit radiation. (2) A radiation source can be radioactive material or a radiation apparatus. (3) Radioactive material is material that spontaneously emits ionising radiation as a consequence of nuclear transformations. (4) A radiation apparatus is an apparatus that – (a) produces radiation when energised; or (b) is, if assembled or repaired, capable of producing radiation when energised. 7. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Duties relating to Radiation Sources and Dose Limits 8. Duty to ensure harm does not result from radiation source A person who uses, manufactures, possesses, sells, acquires, stores, transports, installs, services, repairs, disposes of or otherwise deals with a radiation source must take all reasonable and practicable measures to ensure that undertaking that activity does not result in harm to the health or safety of persons or to the environment caused by radiation emitted from the radiation source. Penalty: Fine not exceeding 10 000 penalty units. 9. Diagnostic or therapeutic procedures If a person uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a treated person, that person must ensure – (a) that any person involved in carrying out the procedure (including that person) does not receive a dose of radiation that would result in the person receiving during a particular period doses of radiation that, when added together, are higher than the prescribed dose limit for that period; and (b) that the treated person does not receive a dose of radiation from the carrying out of the procedure in an amount or a way that does not comply with the request for the diagnostic procedure or the prescription for the therapeutic procedure. Penalty: Fine not exceeding 1 000 penalty units. 10. Causing radiation exposure (1) A person who uses, manufactures, sells, acquires, possesses, stores, transports, installs, services, repairs, disposes of or otherwise deals with a radiation source must not cause himself or herself or another person to receive a dose of radiation that would result in himself or herself or the other person receiving during a particular period doses of radiation that, when added together, are higher than the prescribed dose limit for that period. Penalty: Fine not exceeding 1 000 penalty units. (2) . . . . . . . . 11. Occupational exposure to radon-222 (1) In this section – person-in-charge of a workplace means – (a) in relation to a workplace that is premises, a person who is in charge of the day-to-day operation of the industry or business which; (i) is carried on at those premises; or (ii) involves visiting those premises; or (b) in relation to a workplace that is a cave or place other than premises, the person who is in charge of the day-to-day operation of the industry or business which – (i) is carried on at that cave or place; or (ii) involves visiting that cave or business; workplace means any premises, cave or other place – (a) where a person is employed or engaged in an industry or business or which a person visits as part of their employment or engagement in an industry or business; and (b) in which the person may be exposed to radiation from radon-222. (2) A person-in-charge of a workplace must ensure that a person working in or visiting that workplace as part of their employment or engagement in an industry or business does not receive during a particular period doses of radon-222 that, when added together, are higher than the prescribed dose limit for that period. Penalty: Fine not exceeding 1 000 penalty units. 12. Notification of dangerous event (1) In this section – dangerous event means one or more of the following events: (a) a radiation source is, or appears to have been, lost or stolen; (b) there is a radiation incident in relation to a radiation source for which there is no approved radiation management plan for the radiation practice being carried out with the source at the time or, if there is such an approved radiation management plan, that plan does not include a remediation procedure; (c) equipment that uses, measures or controls radiation emitted from a radiation source malfunctions with the result or likely result that – (i) there is or will be an unintended emission of the radiation; or (ii) a person is or will be unintentionally exposed to the radiation; radiation incident means an incident adversely affecting, or likely to adversely affect, the environment or the health or safety of any person because of the emission of radiation; remediation procedure, for a radiation incident, means a procedure designed to minimise the radiation hazard arising from the incident. (2) Immediately following the occurrence of a dangerous event, the person possessing the radiation source must give the Director of Public Health an oral or written notice of that event that contains sufficient particulars to identify the radiation source and, if known, the location of the radiation source. Penalty: Fine not exceeding 500 penalty units. (3) If the notice under subsection (2) is given orally, the person who gave the notice must give the Director of Public Health a written notice confirming the oral notice within 7 days after the occurrence of the dangerous event. Penalty: Fine not exceeding 500 penalty units. PART 3 - Requirements for Radiation Sources and Radiation Places Division 1 - Requirement to hold licence for radiation source 13. Dealings with radiation source prohibited without licence (1) A person must not use, manufacture, sell, acquire, possess, store, transport, install, service, repair, dispose of or otherwise deal with a radiation source other than in accordance with a licence. Penalty: Fine not exceeding 5 000 penalty units. (2) . . . . . . . . Division 2 - Requirement to register place where radiation source used or stored 14. Requirement for certificate of registration for place where radiation source used or stored The occupier of a place where a radiation source is usually or primarily used or stored must hold a certificate of registration for the place. Penalty: Fine not exceeding 5 000 penalty units. Division 3 - Requirement to be accredited to test radiation source, &c. 15. Accreditation to test radiation source A person must not test a radiation source for the purpose of determining whether a certificate of compliance can be issued unless the person is the holder of a certificate of accreditation authorising the person to do so. Penalty: Fine not exceeding 1 000 penalty units. 16. Accreditation to issue certificate of compliance (1) A person must not issue a certificate of compliance for a radiation source of a particular class unless – (a) the person – (i) is the holder of a certificate of accreditation authorising the person to test radiation sources of that particular class; and (ii) is satisfied of the matters set out in section 17(1)(a) or (b) ; or (b) the person – (i) is authorised by a licence to manufacture the source; and (ii) is satisfied of the matters set out in section 17(1)(a) or (b) ; and (iii) issues the certificate of compliance for the source as an adjunct to its manufacture; or (c) the person – (i) is authorised by a licence to sell the source; and (ii) on evidence from testing or calculations, is satisfied of the matters set out in section 17(1)(a) or (b) ; and (iii) is satisfied that the source has not been used otherwise than for the purpose of testing it. Penalty: Fine not exceeding 1 000 penalty units. (2) A person must not issue a certificate of compliance for a radiation place of a particular class unless the person – (a) is the holder of a certificate of accreditation authorising the person to issue certificates of compliance in relation to radiation places of that particular class; and (b) is satisfied of the matters set out in section 17(2) . Penalty: Fine not exceeding 1 000 penalty units. Division 4 - Testing, inspections and certificates of compliance for radiation sources and radiation places 17. Issue of certificate of compliance (1) The holder of a certificate of accreditation or a person authorised by a licence to manufacture or sell a radiation source is to be satisfied of the following matters before issuing a certificate of compliance for a radiation source used, or to be used, to carry out a radiation practice: (a) in the case of a sealed source, that – (i) the capsule sealing the source, or the way in which the solid-form source is bound, complies with all applicable codes of practice and any prescribed specifications; and (ii) any container or equipment which allows the source to be used also complies with all applicable codes of practice and any prescribed specifications; (b) in the case of a radiation apparatus, that the apparatus complies with all applicable codes of practice and any prescribed specifications. (2) The holder of a certificate of accreditation is to be satisfied that a radiation place complies with all applicable codes of practice and any prescribed specifications before issuing a certificate of compliance for that place. (3) A certificate of compliance is to be in an approved form. 18. Result of test or inspection to be given to Director of Public Health Within 30 days after receiving the result of a test or inspection required under the conditions of an authority, the holder of the authority must give the Director of Public Health a copy of the certificate of compliance or other result of the test or inspection. Penalty: Fine not exceeding 100 penalty units. Division 5 - Banned radiation sources 19. Certain dealings with banned radiation source prohibited (1) A person must not use, manufacture, sell, acquire, possess, store, transport, install, service, repair, dispose of or otherwise deal with a radiation source that is prescribed by the regulations to be a banned radiation source. Penalty: Fine not exceeding 10 000 penalty units. (2) Subsection (1) does not apply to the disposal of a banned radiation source in accordance with this Act or to the possession of a banned radiation source for the purpose of such disposal. PART 4 - Licensing, Registration and Accreditation Division 1 - Applications for, and issue of, authorities 20. Application (1) An application for an authority is to be – (a) made to the Director of Public Health in the approved form; and (b) accompanied by the following documents: (i) for an application for a licence to use a radiation source, a current certificate of compliance for the radiation source to which the authority is to relate unless the Director of Public Health has previously sighted the certificate; (ii) for an application for a licence to possess a radiation source to carry out a radiation practice, the proposed radiation management plan for the radiation practice; (iii) for an application for a certificate of registration, a current certificate of compliance for the radiation place to which the authority is to relate unless the Director of Public Health has previously sighted the certificate of compliance; and (c) accompanied by the documents and information stated in the approved form; and (d) accompanied by any prescribed fee. (2) The application must also satisfy the Director of Public Health that the applicant and each person referred to in section 21(2)(b) and (c) know and accept that the Director of Public Health may obtain a report from the Commissioner of Police or a government department, statutory authority or agency referred to in section 21(3)(c) . (3) The Director of Public Health, by written notice, may require the applicant to give to the Director of Public Health further documents or information within the period specified in the notice. (4) The Director of Public Health, by written notice, may require the applicant and any person referred to in section 21(2)(c) to take an examination, or otherwise satisfy the Director of Public Health of his or her knowledge and skills, within the period and as specified in the notice. 21. Determination of application (1) The Director of Public Health may grant or refuse to grant an application for an authority. (2) The Director of Public Health may grant the application only if – (a) the Director of Public Health is satisfied that the applicant is a fit and proper person to hold the authority having regard to any prescribed criteria; and (b) in the case of an application by a body corporate or a partnership, the Director of Public Health is satisfied that each director or other person concerned with the management of the body corporate or each partner in the partnership is a fit and proper person having regard to any prescribed criteria; and (c) the Director of Public Health is satisfied that each person specified in the application as likely to be dealing with a radiation source is a fit and proper person to be dealing with the radiation source having regard to any prescribed criteria; and (d) in the case of an application for a licence to use a radiation source, a current certificate of compliance is provided for the radiation source to which the authority is to relate or has been sighted previously by the Director of Public Health; and (e) in the case of an application for a licence to possess a radiation source to carry out a radiation practice, the Director of Public Health is satisfied that the proposed radiation management plan for the radiation practice contains the prescribed information and complies with the prescribed requirements; and (f) in the case of an application for a certificate of registration, a current certificate of compliance is provided for the radiation place to which the authority is to relate or has been sighted previously by the Director of Public Health; and (g) the Director of Public Health is satisfied of any prescribed matter; and (h) the Director of Public Health is satisfied that, after having regard to any other matter he or she considers relevant, it is proper to grant the application. (3) Before determining an application for an authority, the Director of Public Health may – (a) request advice from the Council on the application; and (b) request a report on any matter concerning the application from the Commissioner of Police; and (c) request a report on any matter concerning the application from – (i) any government department, statutory authority or other agency of Tasmania, another State, a Territory or the Commonwealth; and (ii) any prescribed person; and (d) require the applicant, by written notice, to allow an authorised officer to inspect – (i) any premises where the radiation source is to be used, manufactured, sold, acquired, stored, installed, serviced, repaired, disposed of or otherwise dealt with; and (ii) any vehicle in which the radiation source is to be transported; and (iii) any equipment or other thing in or on those premises or vehicle. (4) For the purposes of requesting advice or a report under subsection (3) , the Director of Public Health may provide the Council, Commissioner of Police or department, organisation or statutory authority with – (a) the names of the applicant and any person specified in subsection (2)(b) ; and (ab) the name of any person likely to be dealing with the radiation source to which the application relates; and (b) any information and documentation relating to the application. (5) In determining an application for an authority, the Director of Public Health is to – (a) consider any advice given by the Council in response to a request under subsection (3)(a) ; and (b) consider any report provided by the Commissioner of Police under subsection (6) ; and (c) consider any report provided in response to a request under subsection (3)(c) ; and (d) have regard to applicable guidelines issued under section 56 . (6) On receipt of a request under subsection (3)(b) , the Commissioner of Police must inquire into and report to the Director of Public Health on any matters concerning the application specified in the request. (7) If the Director of Public Health refuses to grant an application, he or she is to give the applicant a review notice in relation to that decision as soon as practicable. 22. Issue of authority (1) If the Director of Public Health grants an application for an authority, he or she is to issue the authority to the applicant. (2) The Director of Public Health may issue the authority subject to any conditions specified in it. (3) Without limiting subsection (2) , conditions may be imposed in respect of the following matters: (a) compliance with a code of practice applicable to the activities of the holder of the authority under the authority; (b) radiation monitoring to be carried out by the holder of the authority; (c) testing of the radiation source, or inspection of the radiation place, to which the authority relates; (d) for an authority that is a licence to possess a radiation source, radiation protection measures to be taken by the holder of the authority under the approved radiation management plan. (4) If the Director of Public Health issues an authority subject to conditions, he or she is to give the applicant a review notice in relation to the decision as soon as practicable. (5) An authority takes effect on the day it is issued or a later day specified in it. 23. Activities authorised by authority (1) A licence to use, manufacture, sell, acquire, possess, store, transport, install, service, repair, dispose of or otherwise deal with a radiation source authorises the holder to perform that activity as specified, and subject to any conditions specified, in the licence. (2) A certificate of registration for a place authorises the use of that place for the purposes of using or storing in that place the radiation source, or radiation sources of a class, specified in the certificate subject to any conditions specified in the certificate. (3) A certificate of accreditation authorises the holder – (a) to issue certificates of compliance for radiation sources, or radiation places, of a class specified in the certificate subject to any conditions specified in the certificate; and (b) to do all things necessary for the purposes of determining whether or not a certificate of compliance should be issued in respect of such a radiation source or radiation place, including the use, storage and transport of that source or a source that is in that place. (4) The holder of an authority must not publicly represent, whether by an advertisement, public notice or other means, and whether expressly or by implication, that the authority constitutes an endorsement, by or on behalf of the Crown or any of its agencies, as to the efficacy, quality or standard of any service provided, or any activity carried on, under the authority. Penalty: Fine not exceeding 50 penalty units. 24. Approval of radiation management plan (1) If the Director of Public Health issues a licence to possess a radiation source, the Director of Public Health is taken to have approved the radiation management plan that accompanied the application for the licence. (2) The holder of a licence to possess a radiation source may apply to the Director of Public Health to amend or substitute the approved radiation management plan. (3) An application must be – (a) in the approved form; and (b) accompanied by the documents and information stated in the approved form; and (c) accompanied by any prescribed fee. (4) The Director of Public Health, by written notice, may require the applicant to give the Director of Public Health further documents or information within the period stated in the notice. (5) The Director of Public Health must – (a) grant the application; or (b) grant part of the application and refuse to grant the remainder of the application; or (c) refuse to grant the application. (6) The Director of Public Health may only grant the application or part of the application if he or she is satisfied that the radiation management plan if amended or substituted as proposed by the application or part of the application would contain the information, and comply with the requirements, prescribed for the purposes of section 21(2)(e) . (7) If the Director of Public Health grants an application or part of an application – (a) the Director of Public Health is to give the applicant notice of the