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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97-98
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Australian
Radiation Protection and Nuclear Safety Bill
1998
No. ,
1998
(Health and Family
Services)
A Bill for an Act to regulate
activities involving radiation, and for related purposes
9806420—822/7.4.1998—(64/98) Cat.
No. 97 2954 2 ISBN 0644 52400 6
Contents
A Bill for an Act to regulate activities involving
radiation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Australian Radiation Protection and
Nuclear Safety Act 1998.
(1) Subject to subsection (2), this Act commences on a day to be fixed by
Proclamation.
(2) If this Act does not commence under subsection (1) within 6 months
after the day on which this Act receives the Royal Assent, it commences on the
first day after the end of that period.
The object of this Act is to protect the health and safety of people, and
to protect the environment, from the harmful effects of radiation.
(1) This Act binds
the Crown in each of its capacities.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an
offence.
This Act extends to every external Territory.
This Act applies within and outside Australia.
(1) Nothing in this Act requires or permits a person to take any action,
or to refrain from taking any action, if taking the action or refraining from
taking the action would be, or could reasonably be expected to be, prejudicial
to Australia’s defence.
(2) Without limiting subsection (1), the Chief of the Defence Force may,
after consulting with the Minister, declare by notice in writing that:
(a) specified provisions of this Act or the regulations do not apply in
relation to specified members of the Defence Force; or
(b) specified provisions of this Act or the regulations apply subject to
such modifications as are set out in the declaration in relation to specified
members of the Defence Force.
The declaration has effect accordingly.
(3) In making a declaration under subsection (2), the Chief of the Defence
Force must take into account the need to promote the object of this Act to the
greatest extent consistent with the maintenance of Australia’s
defence.
(4) A declaration under subsection (2) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) Nothing in this Act requires or permits a person to take any action,
or to refrain from taking any action, if taking the action or refraining from
taking the action would be, or could reasonably be expected to be, prejudicial
to Australia’s national security.
(2) Without limiting subsection (1), the Director-General of Security may,
after consulting with the Minister, declare by notice in writing that specified
provisions of this Act or the regulations do not apply, or apply subject to such
modifications as are set out in the declaration, in relation to:
(a) premises or a workplace under the control of the Director-General;
or
(b) a person who is employed under section 84 of the Australian
Security Intelligence Organization Act 1979; or
(c) the performance of work by such a person for the purpose of carrying
out a function set out in section 17 of that Act.
The declaration has effect accordingly.
(3) In making a declaration under subsection (2), the Director-General
must take into account the need to promote the object of this Act to the
greatest extent consistent with the maintenance of Australia’s national
security.
(4) A declaration under subsection (2) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) It is the intention of the Parliament that this Act is not to exclude
the operation of the Nuclear Non-Proliferation (Safeguards) Act 1987, to
the extent that the Nuclear Non-Proliferation (Safeguards) Act 1987 is
capable of operating concurrently with this Act.
Example: A controlled person may be required by this Act to
hold a licence, and by the Nuclear Non-Proliferation (Safeguards) Act
1987 to hold a permit, in respect of the same thing. The controlled person
must satisfy the requirements of both Acts in so far as they are capable of
being satisfied concurrently.
(2) The application of this Act in relation to nuclear material and
associated items within the meaning of the Nuclear Non-Proliferation
(Safeguards) Act 1987 is subject to any modifications that are prescribed by
the regulations.
(1) Chapter 2 of the Criminal Code applies to all offences against
this Act.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
(2) A maximum penalty that is specified:
(a) at the foot of a section of this Act (other than a section that is
divided into subsections); or
(b) at the foot of a subsection of this Act;
indicates that a person who contravenes the section or subsection is guilty
of an offence against the section or subsection that is punishable, on
conviction, by a penalty up to that maximum.
In this Act, unless the contrary intention appears:
annual charge means charge imposed by the Licence Charges
Act.
CEO or Chief Executive Officer means the CEO
referred to in section 12.
Commonwealth contractor means a person in the capacity of a
party to a contract with a Commonwealth entity.
Commonwealth entity means any of the following:
(a) the Commonwealth;
(b) a body corporate established for a public purpose by or under an
Act;
(c) a company in which a controlling interest is held by any one of the
following persons, or by 2 or more of the following persons together:
(i) the Commonwealth;
(ii) a body covered by paragraph (b);
(d) an employee of a person or body covered by any of the above
paragraphs.
controlled apparatus means any of the following:
(a) an apparatus that produces ionizing radiation when energised or that
would, if assembled or repaired, be capable of producing ionizing radiation when
energised;
(b) an apparatus that produces ionizing radiation because it contains
radioactive material;
(c) an apparatus prescribed by the regulations that produces harmful
non-ionizing radiation when energised.
controlled facility means:
(a) a nuclear installation; or
(b) a prescribed radiation facility.
controlled material means any natural or artificial material,
whether in solid or liquid form, or in the form of a gas or vapour, which emits
ionizing radiation spontaneously.
controlled person means any of the following:
(a) a Commonwealth entity;
(b) a Commonwealth contractor;
(c) a person in the capacity of an employee of a Commonwealth
contractor;
(d) a person in a prescribed Commonwealth place.
deal with, in relation to a controlled apparatus or
controlled material, means any of the following:
(a) possess, or have control of, the apparatus or material;
(b) use or operate the apparatus, or use the material;
(c) dispose of the apparatus or material.
evidential material means any of the following:
(a) any thing with respect to which an offence against this Act or the
regulations has been committed or is suspected, on reasonable grounds, to have
been committed;
(b) any thing as to which there are reasonable grounds for suspecting that
it will afford evidence as to the commission of any such offence;
(c) any thing as to which there are reasonable grounds for suspecting that
it is intended to be used for the purpose of committing any such
offence.
facility licence means a licence issued under section
20.
inspector means a person appointed as an inspector under
section 50.
ionizing radiation means electromagnetic or particulate
radiation capable of producing ions directly or indirectly, but does not include
electromagnetic radiation of a wavelength greater than 100 nanometres.
licence means a source licence or a facility
licence.
Licence Charges Act means the Australian Radiation
Protection and Nuclear Safety (Licence Charges) Act 1998.
modifications includes omissions, additions and
substitutions.
non-ionizing radiation means electromagnetic radiation of a
wavelength greater than 100 nanometres.
nuclear installation means any of the following:
(a) a nuclear fuel fabrication plant;
(b) a nuclear reactor (including critical and subcritical
assemblies);
(c) a research reactor;
(d) a nuclear power plant;
(e) a fuel storage facility;
(f) an enrichment plant;
(g) a reprocessing facility.
occupier, in relation to premises, includes a person present
at the premises who is in apparent control of the premises.
person covered by a licence means a controlled person who is
authorised under the licence to deal with a controlled apparatus or controlled
material or to undertake an activity in relation to a controlled
facility.
premises includes the following:
(a) a structure, building, aircraft, vehicle or vessel;
(b) a place (whether enclosed or built on or not);
(c) a part of a thing referred to in paragraph (a) or (b).
prescribed Commonwealth place means a place that is
referred to in paragraph 52(i) of the Constitution and is prescribed by the
regulations for the purposes of this definition.
prescribed radiation facility means a facility or
installation that is prescribed by the regulations for the purposes of this
definition.
radiation means ionizing radiation or non-ionizing
radiation.
seize includes secure against interference.
source licence means a licence issued under section
21.
thing includes a substance, and a thing in electronic or
magnetic form.
There is to be a CEO of ARPANSA.
Note: ARPANSA (the Australian Radiation Protection and
Nuclear Safety Agency) is a part of the Department of State administered by the
Minister.
(1) The CEO has the following functions:
(a) to promote uniformity of radiation protection and nuclear safety
policy and practices across jurisdictions of the Commonwealth, the States and
the Territories;
(b) to provide advice on radiation protection, nuclear safety and related
issues;
(c) to undertake research in relation to radiation protection, nuclear
safety and medical exposures to radiation;
(d) to provide services relating to radiation protection, nuclear safety
and medical exposures to radiation;
(e) to accredit persons with technical expertise for the purposes of this
Act;
(f) such other functions as are conferred by this Act, the regulations or
any other law.
(2) The CEO must take all reasonable steps to avoid any conflict of
interest between the CEO’s regulatory functions and the CEO’s other
functions.
(1) If the Minister is satisfied that it is in the public interest to do
so, the Minister must, by notice in writing, give directions to the CEO with
respect to the performance of the CEO’s functions or the exercise of the
CEO’s powers.
(2) The CEO must comply with the directions.
(3) Within 15 sitting days of issuing a notice to the CEO under this
section, the Minister must cause a copy of the notice to be tabled in each House
of the Parliament.
(1) The Minister may, by instrument in writing, delegate the
Minister’s powers under section 7, 8 or 32 to the CEO.
(2) The Minister may, by instrument in writing, delegate the
Minister’s powers under section 28 to any of the following:
(a) the CEO;
(b) the Secretary to the Department;
(c) a person holding, or performing the duties of, a Senior Executive
Service office, or equivalent, in the Department.
(3) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the Minister.
(1) The CEO may, by instrument in writing, delegate any of the CEO’s
powers or functions to a person holding, or performing the duties of:
(a) a Senior Executive Service office, or equivalent, in the
Department;
(b) a Senior Officer Grade A, B or C, or equivalent, in the
Department.
(2) In exercising powers or functions under a delegation, the delegate
must comply with any directions of the CEO.
(1) There is to be a Radiation Health and Safety Advisory
Council.
(2) The members of the Council are to be appointed by the Minister, in
accordance with any regulations made for the purposes of this
subsection.
(3) The Council has the following functions:
(a) to give advice to the CEO on such matters relating to radiation
protection and nuclear safety as the Council considers appropriate;
(b) to give advice to the CEO on matters referred to the Council by the
CEO.
(1) A controlled person must not do any of the following:
(a) prepare a site for a controlled facility;
(b) construct a controlled facility;
(c) have possession or control of a controlled facility;
(d) operate a controlled facility;
(e) de-commission, dispose of or abandon a controlled facility;
unless:
(f) the person is authorised to do so by a facility licence; or
(g) the person is exempted in relation to the conduct concerned by
regulations made for the purposes of this section.
Maximum penalty: 2,000 penalty units.
(2) The holder of a facility licence must comply with the conditions of
the licence.
Maximum penalty: 2,000 penalty units, or such lower amount as is prescribed
by the regulations.
(3) A person covered by a facility licence must comply with the conditions
of the licence that are applicable to the person.
(1) A controlled person must not deal with a controlled material or
controlled apparatus unless:
(a) the dealing is authorised by a source licence; or
(b) the dealing is prescribed by the regulations as an exempt dealing for
the purposes of this section.
Maximum penalty: 2,000 penalty units.
(2) The holder of a source licence must comply with the conditions of the
licence.
Maximum penalty: 2,000 penalty units, or such lower amount as is prescribed
by the regulations.
(3) A person covered by a source licence must comply with the conditions
of the licence that are applicable to the person.
(1) The CEO may issue a licence to a controlled person that authorises
persons to do some or all of the things referred to in subsection
18(1).
(2) A licence issued to the Commonwealth may be issued in the name of a
Department of State.
(3) In deciding whether to issue a licence under subsection (1), the CEO
must take into account the matters (if any) specified in the
regulations.
(1) The CEO may issue a licence to a controlled person that authorises
persons to deal with a controlled apparatus or a controlled material.
(2) A licence issued to the Commonwealth may be issued in the name of a
Department of State.
(3) In deciding whether to issue a licence under subsection (1), the CEO
must take into account the matters (if any) specified in the
regulations.
An application for a licence must:
(a) be in a form approved by the CEO; and
(b) be accompanied by such fee as is prescribed by the
regulations.
(1) A licence is subject to the following conditions:
(a) the conditions set out in this section;
(b) the conditions prescribed by the regulations;
(c) conditions imposed by the CEO at the time of issuing the
licence;
(d) any conditions imposed by the CEO under subsection 24(2) after the
licence is issued.
(2) Licence conditions may include conditions that are specific to
particular apparatus or material, including apparatus or material that may, at a
time after the licence is issued, come into the possession or control of persons
covered by the licence.
(3) A facility licence is subject to the condition that any person
authorised by the licence to prepare a site for a controlled facility or to
construct, have possession or control of, operate, de-commission, dispose of or
abandon a controlled facility must:
(a) at any time when the person has possession or control of such a site
or facility—allow the CEO, or a person authorised by the CEO, to enter and
inspect the site or facility at reasonable times; and
(b) comply with any requirements specified in the regulations in relation
to such an inspection.
(4) A source licence is subject to the condition that any person
authorised by the licence to deal with a controlled apparatus or controlled
material must:
(a) at any time when the person has possession or control of such
apparatus or material—allow the CEO, or a person authorised by the CEO, to
inspect the apparatus or material at reasonable times; and
(b) comply with any requirements specified in the regulations in relation
to such an inspection.
(1) The CEO may, at any time, by notice in writing given to the licence
holder, amend a licence.
(2) Without limiting subsection (1), the CEO may:
(a) impose additional licence conditions; or
(b) remove or vary licence conditions that were imposed by the CEO;
or
(c) extend or reduce the authority granted by the licence.
(3) If the conditions are specific to particular material, or to
particular apparatus, the notice under subsection (1) must be given to the
licence holder who, according to the CEO’s records, has possession or
control of the material or apparatus at the time the condition is imposed,
removed or varied.
A licence continues in force until it is cancelled or
surrendered.
(1) The CEO may, by notice in writing given to the licence holder, suspend
or cancel a licence if:
(a) a condition of the licence has been breached, whether by the licence
holder or by a person covered by the licence; or
(b) the CEO believes on reasonable grounds that the licence holder, or a
person covered by the licence, has committed an offence against this Act or the
regulations; or
(c) any annual charge payable in respect of the licence remains unpaid
after the due date; or
(d) the licence was obtained improperly.
The holder of a licence may, with the consent of the CEO, surrender the
licence.
(1) An eligible person in relation to a licence decision may request that
the Minister reconsider the licence decision.
(2) The request must be:
(a) in writing; and
(b) given to Minister within 90 days of the making of the licence
decision.
(3) The Minister must reconsider the licence decision and confirm, vary or
set aside the licence decision.
Note: Section 27A of the Administrative Appeals Tribunal
Act 1975 requires the person to be notified of the person’s review
rights.
(4) The Minister is taken to have confirmed the licence decision under
subsection (3) if the Minister does not give written notice of the
Minister’s decision under that subsection within 60 days of the
request.
(5) Applications may be made to the Administrative Appeals Tribunal for
review of a decision of the Minister under subsection (3) to confirm, vary or
set aside the licence decision.
(6) For the purposes of this section:
licence decision means any of the following decisions of the
CEO:
(a) to refuse to grant a licence;
(b) to impose conditions on a licence;
(c) to suspend a licence;
(d) to cancel a licence;
(e) to amend a licence;
(f) not to approve the surrender of a licence.
eligible person, in relation to a licence decision,
means:
(a) in relation to a decision to refuse to grant a licence—the
person who applied for the licence; and
(b) in relation to any other licence decision—the licence
holder.
(1) This section applies if:
(a) the CEO believes, on reasonable grounds, that a controlled person is
not complying with the Act or regulations in respect of a thing; and
(b) the CEO believes that it is necessary to exercise powers under this
section in order to protect the health and safety of people or to avoid damage
to the environment.
(2) The CEO may give written directions to a controlled person requiring
the controlled person to take such steps in relation to the thing as the CEO
considers appropriate.
(3) The controlled person must take the steps specified in the notice
within the time specified in the notice.
Maximum penalty: 30 penalty units.
(4) If the person does not take the steps specified in the notice within
the time specified in the notice, the CEO may arrange for those steps to be
taken.
(5) If the Commonwealth incurs costs because of arrangements made by the
CEO under subsection (4), the person is liable to pay to the Commonwealth an
amount equal to the costs and the amount may be recovered by the Commonwealth as
a debt due to the Commonwealth in a court of competent jurisdiction.
(1) A controlled person to whom a direction is given under section 29 may
request that the Minister reconsider the decision to give the
direction.
(2) The request must be:
(a) in writing; and
(b) given to Minister within 90 days of the giving of the
direction.
(3) The Minister must reconsider the decision and confirm, vary or set
aside the decision.
Note: Section 27A of the Administrative Appeals Tribunal
Act 1975 requires the person to be notified of the person’s review
rights.
(4) The Minister is taken to have confirmed the decision under subsection
(3) if the Minister does not give written notice of the Minister’s
decision under that subsection within 60 days of the request.
(5) Applications may be made to the Administrative Appeals Tribunal for
review of a decision of the Minister under subsection (3) to confirm, vary or
set aside the decision.
(1) If a person has engaged, is engaging, or is proposing to engage in any
conduct that is or would be an offence against this Act or the regulations, the
Federal Court of Australia (the Court) may, on the application of
the CEO, grant an injunction restraining the person from engaging in the
conduct.
(2) If:
(a) a person has refused or failed, is refusing or failing, or is
proposing to refuse or fail, to do a thing; and
(b) the refusal or failure is, or would be, an offence against this
Act;
the Court may, on the application of the CEO, grant an injunction requiring
the person to do the thing.
(3) The power of the Court to grant an injunction may be
exercised:
(a) whether or not it appears to the Court that the person intends to
engage, or to continue to engage, in conduct of that kind; and
(b) whether or not the person has previously engaged in conduct of that
kind.
(4) The Court may discharge or vary an injunction granted under this
section.
(5) The Court may grant an interim injunction pending the determination of
an application under subsection (1).
(6) The powers granted by this section are in addition to, and not in
derogation of, any other powers of the Court.
(1) If a court:
(a) convicts a person of an offence against this Act or the regulations;
or
(b) makes an order under section 19B of the Crimes Act 1914 in
respect of a person charged with an offence against this Act;
the court may order forfeiture to the Commonwealth of any substance or
thing used or otherwise involved in the commission of the offence.
(2) A substance or thing ordered by a court to be forfeited under this
section becomes the property of the Commonwealth and may be sold or otherwise
dealt with in accordance with the directions of the Minister.
(3) Until the Minister gives a direction, the substance or thing must be
kept in such custody as the Minister directs.
(1) The CEO is to be appointed by the Governor-General for a term of up to
5 years.
(2) The CEO holds office on a full-time basis.
(1) The CEO is to be paid the remuneration that is determined by the
Remuneration Tribunal. However, if no determination of that remuneration by the
Tribunal is in operation, the CEO is to be paid the remuneration that is
prescribed by the regulations.
(2) The CEO is to be paid such allowances as are prescribed by the
regulations.
(3) This section has effect subject to the Remuneration Tribunal Act
1973.
The CEO must not engage in any paid employment outside the duties of the
office without the Minister’s written approval.
(1) Subject to section 87E of the Public Service Act 1922, the CEO
has such recreation leave entitlements as are determined by the Remuneration
Tribunal.
(2) The Minister may grant the CEO other leave of absence on such terms
and conditions as the Minister determines. The terms and conditions may include
terms and conditions relating to remuneration.
The CEO may resign by giving the Governor-General a signed resignation
notice.
The CEO must give written notice to the Minister of all interests,
pecuniary or otherwise, that the CEO has or acquires and that could conflict
with the proper performance of the CEO’s functions.
(1) The Governor-General may terminate the appointment of the CEO for
physical or mental incapacity, misbehaviour, incompetence or
inefficiency.
(2) The Governor-General must terminate the appointment of the CEO if the
CEO does any of the following:
(a) is absent from duty (except on leave of absence) for 14 consecutive
days, or for 28 days in any period of 12 months;
(b) becomes bankrupt;
(c) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors;
(d) compounds with his or her creditors;
(e) assigns his or her remuneration for the benefit of his or her
creditors;
(f) contravenes section 38, without a reasonable excuse;
(g) engages in paid employment outside the duties of the office, without
the Minister’s written approval.
(3) If the CEO is:
(a) an eligible employee for the purposes of the Superannuation Act
1976; or
(b) a member of the superannuation scheme established by deed under the
Superannuation Act 1990;
the Governor-General may, with the consent of the CEO, retire the CEO from
office on the ground of physical or mental incapacity.
(4) For the purposes of the Superannuation Act 1976, the CEO is
taken to have been retired from office on the ground of invalidity if:
(a) the CEO is removed or retired from office on the ground of physical or
mental incapacity; and
(b) the Commonwealth Superannuation Board of Trustees No. 2 gives a
certificate under section 54C of the Superannuation Act 1976.
(5) For the purposes of the Superannuation Act 1990, the CEO is
taken to have been retired from office on the ground of invalidity if:
(a) the CEO is removed or retired from office on the ground of physical or
mental incapacity; and
(b) the Commonwealth Superannuation Board of Trustees No. 1 gives a
certificate under section 13 of the Superannuation Act 1990.
The CEO holds office on such terms and conditions (if any) in respect of
matters not provided for by this Act as are determined by the Governor-General
in writing.
(1) The Minister may appoint a person to act as CEO:
(a) if there is a vacancy in the office of CEO, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the CEO is absent from
duty or from Australia or is, for any reason, unable to perform the duties of
the office.
(2) Anything done by or in relation to a person purporting to act under
this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
The CEO may charge for services provided by the CEO in the performance of
the CEO’s functions.
(1) The purpose of this section is to ensure that fees and charges under
this Act and the regulations, and charges under the Licence Charges Act, are
notionally payable by the Commonwealth (or parts of the Commonwealth).
(2) The Minister for Finance and Administration may give written
directions for the purposes of this section, including directions relating to
the transfer of amounts within, or between, accounts operated by the
Commonwealth.
(1) This subsection establishes a reserve called the ARPANSA
Reserve.
(2) The Reserve is a component of the Reserved Money Fund.
(3) The following amounts must be transferred to the Reserve from the
Consolidated Revenue Fund:
(a) money appropriated by the Parliament for the purposes of the
Reserve;
(b) amounts equal to amounts received by the Commonwealth under the
Licence Charges Act;
(c) amounts equal to fees received by the Commonwealth under section
22;
(d) amounts equal to amounts received by the Commonwealth in connection
with the performance of the CEO’s functions under this Act or the
regulations;
(e) amounts equal to interest received by the Commonwealth from the
investment of money from the Reserve;
(f) amounts equal to money received by the Commonwealth in relation to
property paid for with money from the Reserve;
(g) amounts recovered by the Commonwealth under subsection 29(5), to the
extent that they are referable to costs paid out of the Reserve;
(h) amounts equal to amounts of any gifts given or bequests made for the
purposes of the Reserve.
(4) The purposes of the Reserve are to make payments:
(a) to further the object of this Act (as set out in section 3);
and
(b) otherwise in connection with the performance of the CEO’s
functions under this Act or the regulations.
The following amounts may be recovered in a court of competent
jurisdiction as debts due to the Commonwealth:
(a) amounts payable to the Commonwealth under the Licence Charges
Act;
(b) fees payable to the Commonwealth under section 22;
(c) amounts payable to the Commonwealth in connection with the performance
of the CEO’s functions.
The staff necessary to assist the CEO are to be persons appointed or
employed under the Public Service Act 1922 and made available for the
purpose by the Secretary to the Department.
(1) As soon as practicable after the end of each financial year, the CEO
must prepare and give to the Minister a report on the operations of the CEO
during that year.
(2) The report must include details of directions given by the Minister
during the financial year under section 14.
(3) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of the day on which the report
was given to the Minister.
(1) As soon as practicable after the end of each quarter, the CEO must
prepare and give to the Minister a report on the operations of the CEO during
that quarter.
(2) The Minister must cause a copy of the report to be laid before each
House of the Parliament within 15 sitting days of the day on which the report
was given to the Minister.
(3) In this section:
quarter means a period of 3 months beginning on 1 January, 1
April, 1 July or 1 October of any year.
(1) The CEO may at any time cause a report about matters relating to the
CEO’s functions to be tabled in either House of the Parliament.
(2) The CEO must give a copy of the report to the Minister.
(1) The CEO may, by instrument in writing, appoint any of the following
persons as an inspector:
(a) a person who is appointed or employed by the Commonwealth;
(b) a person who is appointed or employed by a State or
Territory.
(2) In exercising powers or performing functions as an inspector, an
inspector must comply with any directions of the CEO.
(3) The CEO must issue an identity card to an inspector, in the form
prescribed by the regulations. The identity card must contain a recent
photograph of the inspector.
(4) If a person to whom an identity card has been issued ceases to be an
inspector, the person must immediately return the identity card to the
CEO.
Maximum penalty: 1 penalty unit.
(5) An inspector must carry the identity card at all times when exercising
powers or performing functions as an inspector.
(1) For the purpose of finding out whether this Act or the regulations
have been complied with, an inspector may:
(a) enter any premises; and
(b) exercise the powers set out in subsection 55(1).
(2) An inspector is not authorised to enter premises under subsection (1)
unless:
(a) the occupier of the premises has consented to the entry; or
(b) the entry is made under a warrant issued under section 65.
An inspector is not entitled to exercise any powers under this Part in
relation to premises if:
(a) the occupier of the premises has required the inspector to produce his
or her identity card for inspection by the occupier; and
(b) the inspector fails to comply with the requirement.
(1) This section applies if an inspector has reasonable grounds for
suspecting that:
(a) there may be on any premises a particular thing (the hazardous
thing) in respect of which this Act or the regulations have not been
complied with; and
(b) it is necessary in the interests of public health to exercise powers
under this section in order to avoid an imminent risk of death, serious illness,
serious injury or serious damage to the environment.
(2) The inspector may do any of the following:
(a) enter the premises;
(b) search the premises for the hazardous thing;
(c) seize the hazardous thing, if the inspector finds it on the
premises;
(d) if the inspector has reasonable grounds for suspecting that a
controlled person has not complied with this Act or the regulations in respect
of the hazardous thing—require the controlled person to take such steps
that the inspector considers necessary.
(3) The inspector may exercise the powers in subsection (2) only to the
extent that it is necessary for the purpose of avoiding an imminent risk of
death, serious illness, serious injury or serious damage to the
environment.
(1) This section applies if an inspector has reasonable grounds for
suspecting that there may be evidential material (the suspected
material) on any premises.
(2) The inspector may:
(a) enter the premises, with the consent of the occupier or under a
warrant issued under section 66; and
(b) exercise the powers set out in subsection (3) and subsection 55(1);
and
(c) seize the suspected material, if the inspector finds it on the
premises.
(3) If:
(a) in the course of searching, in accordance with a warrant, for a
particular thing, an inspector finds another thing that the inspector believes
on reasonable grounds to be evidential material; and
(b) the inspector believes, on reasonable grounds, that it is necessary to
seize that other thing in order to prevent its concealment, loss or destruction,
or its use in committing, continuing or repeating an offence against this Act or
the regulations;
the warrant is taken to authorise the inspector to seize that other
thing.
(1) The powers an inspector may exercise under paragraphs 51(1)(b) and
54(2)(b) are as follows:
(a) to search the premises and any thing on the premises;
(b) to inspect, examine, take measurements of, or conduct tests (including
by the taking of samples) concerning, any thing on the premises that relates to
controlled material, controlled apparatus or a controlled facility;
(c) to take photographs (including video or audio recordings) or make
sketches of the premises or any thing on the premises;
(d) if the inspector was only authorised to enter the premises because the
occupier of the premises consented to the entry—to require the occupier
to:
(i) answer any questions put by the inspector; and
(ii) produce any book, record or document requested by the
inspector;
(e) if the inspector was authorised to enter the premises by a warrant
under section 65 or 66—to require any person in or on the premises
to:
(i) answer any questions put by the inspector; and
(ii) produce any book, record or document requested by the
inspector;
(f) to inspect any book, record or document on the premises;
(g) to take extracts from or make copies of any such book, record or
document;
(h) to take onto the premises such equipment and materials as the
inspector requires for the purpose of exercising powers in relation to the
premises.
(2) A person must not refuse or fail to comply with a requirement under
paragraph (1)(e).
Maximum penalty: 30 penalty units.
(1) If a warrant in relation to premises is being executed and the
occupier of the premises or another person who apparently represents the
occupier is present at the premises, the inspector must make available to that
person a copy of the warrant.
(2) The inspector must identify himself or herself to that
person.
(3) The copy of the warrant referred to in subsection (1) need not include
the signature of the magistrate who issued the warrant.
(1) An inspector must, before entering the premises under a
warrant:
(a) announce that he or she is authorised to enter the premises;
and
(b) give any person at the premises an opportunity to allow entry to the
premises.
(2) An inspector is not required to comply with subsection (1) if he or
she believes on reasonable grounds that immediate entry to the premises is
required:
(a) to ensure the safety of a person; or
(b) to prevent serious damage to the environment; or
(c) to ensure that the effective execution of the warrant is not
frustrated.
(1) The inspector may operate electronic equipment at the premises to see
whether evidential material is accessible by doing so if he or she believes on
reasonable grounds that the operation of the equipment can be carried out
without damage to the equipment.
(2) If the inspector, after operating the equipment, finds that evidential
material is accessible by doing so, he or she may:
(a) seize the equipment and any disk, tape or other associated device;
or
(b) if the material can, by using facilities at the premises, be put in
documentary form—operate the facilities to put the material in that form
and seize the documents so produced; or
(c) if the material can be transferred to a disk, tape or other storage
device that:
(i) is brought to the premises; or
(ii) is at the premises and the use of which for the purpose has been
agreed to in writing by the occupier of the premises;
operate the equipment or other facilities to copy the material to the
storage device and take the storage device from the premises.
(3) An inspector may seize equipment under paragraph (2)(a) only
if:
(a) it is not practicable to put the material in documentary form as
mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph
(2)(c); or
(b) possession by the occupier of the equipment could constitute an
offence.
(4) If the inspector believes on reasonable grounds that:
(a) evidential material may be accessible by operating electronic
equipment at the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the material
may be destroyed, altered or otherwise interfered with;
he or she may do whatever is necessary to secure the equipment, whether by
locking it up, placing a guard or otherwise.
(5) The inspector must give notice to the occupier of the premises of his
or her intention to secure equipment and of the fact that the equipment may be
secured for up to 24 hours.
(6) The equipment may be secured:
(a) for a period not exceeding 24 hours; or
(b) until the equipment has been operated by the expert;
whichever happens first.
(7) If the inspector believes on reasonable grounds that the expert
assistance will not be available within 24 hours, he or she may apply to the
magistrate for an extension of that period.
(8) The inspector must give notice to the occupier of the premises of his
or her intention to apply for an extension, and the occupier is entitled to be
heard in relation to the application.
(1) The owner of equipment is entitled to compensation for damage to the
equipment if:
(a) the damage was caused to equipment as a result of it being operated as
mentioned in section 58; and
(b) the damage was caused as a result of:
(i) insufficient care being exercised in selecting the person who was to
operate the equipment; or
(ii) insufficient care being exercised by the person operating the
equipment.
(2) Compensation is payable out of money appropriated by the Parliament
for the purpose.
(3) In determining the amount of compensation payable, regard is to be had
to whether the occupier of the premises and his or her employees and agents, if
they were available at the time, had provided any warning or guidance as to the
operation of the equipment that was appropriate in the circumstances.
(1) Subject to subsection (2), if an inspector seizes, under a warrant
relating to premises:
(a) a document, film, computer file or other thing that can be readily
copied; or
(b) a storage device the information in which can be readily
copied;
the inspector must, if requested to do so by the occupier of the premises
or another person who apparently represents the occupier and who is present when
the warrant is executed, give a copy of the thing or the information to that
person as soon as practicable after the seizure.
(2) Subsection (1) does not apply if:
(a) the thing that has been seized was seized under paragraph 58(2)(b) or
(c); or
(b) possession by the occupier of the document, film, computer file, thing
or information could constitute an offence.
(1) If a warrant in relation to premises is being executed and the
occupier of the premises or another person who apparently represents the
occupier is present at the premises, the person is entitled to observe the
search being conducted.
(2) The right to observe the search being conducted ceases if the person
impedes the search.
(3) This section does not prevent 2 or more areas of the premises being
searched at the same time.
(1) If a thing is seized under this Part, the inspector must provide a
receipt for the thing.
(2) If 2 or more things are seized or moved, they may be covered in the
one receipt.
(1) Subject to any contrary order of a court, if an inspector seizes a
thing under this Part, an inspector must return it if:
(a) the reason for its seizure no longer exists or it is decided that it
is not to be used in evidence; or
(b) the period of 60 days after its seizure ends;
whichever first occurs, unless the thing is forfeited or forfeitable to the
Commonwealth.
(2) At the end of the 60 days specified in subsection (1), an inspector
must take reasonable steps to return the thing to the person from whom it was
seized, unless:
(a) proceedings in respect of which the thing may afford evidence were
instituted before the end of the 60 days and have not been completed (including
an appeal to a court in relation to those proceedings); or
(b) an inspector may retain the thing because of an order under section
64; or
(c) to return the thing could cause an imminent risk of death, serious
illness, serious injury or serious damage to the environment; or
(d) an inspector is otherwise authorised (by a law, or an order of a
court, of the Commonwealth or of a State or Territory) to retain, destroy or
dispose of the thing.
(3) The thing may be returned under subsection (2) either unconditionally
or on such terms and conditions as the CEO sees fit.
(1) An inspector may apply to a magistrate for an order that he or she may
retain the thing for a further period if:
(a) before the end of 60 days after the seizure; or
(b) before the end of a period previously specified in an order of a
magistrate under this section;
proceedings in respect of which the thing may afford evidence have not
commenced.
(2) If the magistrate is satisfied that it is necessary for an inspector
to continue to retain the thing:
(a) for the purposes of an investigation as to whether an offence against
this Act has been committed; or
(b) to enable evidence of an offence against this Act to be secured for
the purposes of a prosecution;
the magistrate may order that an inspector may retain the thing for a
period (not being a period exceeding 3 years) specified in the order.
(3) Before making the application, the inspector must:
(a) take reasonable steps to discover who has an interest in the retention
of the thing; and
(b) if it is practicable to do so, notify each person whom the inspector
believes to have such an interest of the proposed application.
(1) An inspector may apply to a magistrate for a warrant under this
section in relation to premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if the
magistrate is satisfied, by information on oath, that it is reasonably necessary
that one or more inspectors should have access to the premises for the purposes
of finding out whether this Act or the regulations have been complied
with.
(3) The magistrate must not issue the warrant unless the inspector or some
other person has given to the magistrate, either orally or by affidavit, such
further information (if any) as the magistrate requires concerning the grounds
on which the issue of the warrant is being sought.
(4) The warrant must:
(a) authorise one or more inspectors (whether or not named in the
warrant), with such assistance and by such force as is necessary and
reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in subsection 55(1) in relation to the
premises; and
(b) state whether the entry is authorised to be made at any time of the
day or night or during specified hours of the day or night; and
(c) specify the day (not more than 6 months after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
(1) An inspector may apply to a magistrate for a warrant under this
section in relation to premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if the
magistrate is satisfied, by information on oath, that there are reasonable
grounds for suspecting that there is, or there may be within the next 72 hours,
in or on the premises evidential material.
(3) The magistrate must not issue the warrant unless the inspector or some
other person has given to the magistrate, either orally or by affidavit, such
further information (if any) as the magistrate requires concerning the grounds
on which the issue of the warrant is being sought.
(4) The warrant must:
(a) name one or more inspectors; and
(b) authorise the persons so named, with such assistance and by such force
as is necessary and reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in subsections 54(3) and 55(1);
and
(iii) to seize the evidential material; and
(c) state whether the entry is authorised to be made at any time of the
day or night or during specified hours of the day or night; and
(d) specify the day (not more than one week after the issue of the
warrant) on which the warrant ceases to have effect; and
(e) state the purpose for which the warrant is issued.
(1) If, in an urgent case, an inspector considers it necessary to do so,
the person may apply to a magistrate by telephone for a warrant under section 66
in relation to premises.
(2) Before applying for the warrant, the person must prepare an
information of the kind mentioned in subsection 66(2) in relation to the
premises that sets out the grounds on which the warrant is sought.
(3) If it is necessary to do so, the person may apply for the warrant
before the information is sworn.
(4) If the magistrate is satisfied:
(a) after having considered the terms of the information; and
(b) after having received such further information (if any) as the
magistrate requires concerning the grounds on which the issue of the warrant is
being sought;
that there are reasonable grounds for issuing the warrant, the magistrate
may complete and sign the same warrant that the magistrate would issue under
section 66 if the application had been made under that section.
(5) If the magistrate completes and signs the warrant:
(a) the magistrate must:
(i) tell the inspector what the terms of the warrant are; and
(ii) tell the inspector the day on which and the time at which the warrant
was signed; and
(iii) tell the inspector the day (not more than one week after the
magistrate completes and signs the warrant) on which the warrant ceases to have
effect; and
(iv) record on the warrant the reasons for granting the warrant;
and
(b) the inspector must:
(i) complete a form of warrant in the same terms as the warrant completed
and signed by the magistrate; and
(ii) write on the form the name of the magistrate and the day on which and
the time at which the warrant was signed.
(6) The inspector must also, not later than the day after the day of
expiry or execution of the warrant, whichever is the earlier, send to the
magistrate:
(a) the form of warrant completed by the person; and
(b) the information referred to in subsection (2), which must have been
duly sworn.
(7) When the magistrate receives those documents, the magistrate
must:
(a) attach them to the warrant that the magistrate completed and signed;
and
(b) deal with them in the way in which the magistrate would have dealt
with the information if the application had been made under section
66.
(8) A form of warrant duly completed under subsection (5) is authority for
any entry, search, seizure or other exercise of a power that the warrant signed
by the magistrate authorises.
(9) If:
(a) it is material, in any proceedings, for a court to be satisfied that
an exercise of a power was authorised by this section; and
(b) the warrant signed by the magistrate authorising the exercise of the
power is not produced in evidence;
the court must assume, unless the contrary is proved, that the exercise of
the power was not authorised by such a warrant.
(10) A reference in this Part to a warrant under section 66 includes a
reference to a warrant signed by a magistrate under this section.
(1) A person must not make, in an application for a warrant, a statement
that the person knows to be false or misleading in a material
particular.
Maximum penalty: Imprisonment for 2 years.
(2) A person must not:
(a) state in a document that purports to be a form of warrant under
section 67 the name of a magistrate unless that magistrate issued the warrant;
or
(b) state on a form of warrant under that section a matter that, to the
person’s knowledge, departs in a material particular from the form
authorised by the magistrate; or
(c) purport to execute, or present to another person, a document that
purports to be a form of warrant under that section that the first-mentioned
person knows:
(i) has not been approved by a magistrate under that section; or
(ii) to depart in a material particular from the terms authorised by a
magistrate under that section; or
(d) give to a magistrate a form of warrant under that section that is not
the form of warrant that the person purported to execute.
Maximum penalty: Imprisonment for 2 years.
This Part is not to be taken to limit the CEO’s power to impose
licence conditions.
(1) This Part is not to be taken to excuse an inspector from complying
with sections 23, 25 and 26 of the Nuclear Non-Proliferation (Safeguards) Act
1987.
(2) In particular, the exercise of powers by an inspector under this Part
is not taken to be a reasonable excuse for the purposes of those
sections.
If a law of a State or Territory, or one or more provisions of such a
law, is prescribed by the regulations, that law or provision does not apply in
relation to the following:
(a) an activity of a controlled person in relation to a controlled
apparatus or a controlled material;
(b) an activity of a controlled person in relation to a controlled
facility.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Without limiting subsection (1), the regulations may:
(a) require specified standards to be observed, practices and procedures
to be followed and measures to be taken by controlled persons in relation to
activities relating to controlled facilities, and in relation to dealings with
controlled apparatus or controlled material; and
(b) regulate, restrict or prohibit any act of a controlled person in
relation to such activities or dealings; and
(c) require the keeping of records, the giving of information and the
notification of specified occurrences by controlled persons in relation to such
activities or dealings; and
(d) provide for the establishment of committees to advise the CEO on
matters relating to radiation or nuclear safety; and
(e) provide for matters relating to the payment of annual charge,
including the time and manner of payment, pro-rating and refunds; and
(f) prescribe fees in respect of matters under this Act or the
regulations; and
(g) prescribe penalties of not more than 50 penalty units for offences
against the regulations.