Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) For the purposes of the definition of prescribed radiation facility in section 13 of the Act, the following facilities and installations are prescribed:
(a) a particle accelerator that:
(i) has, or is capable of having, a beam energy greater than 1 MeV; or
(ii) can produce neutrons;
(b) an irradiator that contains more than 10 15 Bq of a controlled material;
(c) an irradiator that contains more than 10 13 Bq but not more than 10 15 Bq of a controlled material and:
(i) does not include shielding as an integral part of its construction; or
(ii) includes as an integral part of its construction shielding that does not prevent a person from being exposed to the source or does not shield a source during the operation of the irradiator;
(d) a facility (other than a nuclear installation) used for the production, processing, use, storage, management or disposal of:
(i) unsealed sources for which the result of the activity value division steps is greater than 10 6 ; or
(ii) sealed sources for which the result of the activity value division steps is greater than 10 9 .
Note: For activity value division steps , sealed source and unsealed source , see section 4.
(2) However, the CEO may declare, in writing, that a particular facility is not a prescribed radiation facility. The declaration has effect according to its terms.
Note: A decision to refuse to make a declaration is reviewable under section 86.
(3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that:
(a) the facility does not pose an unacceptable hazard to the health and safety of people or to the environment; and
(b) it would be inappropriate for the facility to be a prescribed radiation facility.
(4) The CEO must publish the declaration on ARPANSA's website as soon as practicable after making it.