Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this regulation:
"authorised officer" means:
(a) the CEO of ARPANSA, within the meaning of section 14 of the Australian Radiation Protection and Nuclear Safety Act 1998 , appointed in writing by the Minister as an authorised officer for this regulation; or
(b) an APS employee assisting the CEO in accordance with section 58 of that Act, appointed in writing by the Minister as an authorised officer for this regulation.
"high activity radioactive source" means a radioactive source mentioned in an item in the table in Schedule 7A that has an activity level, measured in Becquerel, that is equal to, or more than, the level specified in the item.
"Minister" means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998 .
"radioactive source" means radioactive material that:
(a) is permanently sealed in a capsule or is closely bonded in a solid form; or
(b) was permanently sealed in a capsule, or was closely bonded in a solid form, until it was released as a result of leakage or breakage.
(2) The exportation from Australia of a high activity radioactive source is prohibited unless:
(a) a permission in writing to export the radioactive source has been granted by the Minister or an authorised officer; and
(b) the permission is shown to a Collector.
(3) In deciding whether to grant a permission, the inister or authorised officer must take into account:
(a) Australia's relations with other countries; and
(b) Australia's international obligations.
(4) If, in relation to an application for a permission to export a high activity radioactive source, an authorised officer has formed an opinion that the permission should not be granted, the authorised officer must refer the application to the Minister.
(5) If an application is referred to the Minister under subregulation (4), the Minister may grant, or refuse to grant, the permission.
(6) A permission granted by the inister or authorised officer may specify:
(a) conditions to be complied with by the holder of the permission; and
(b) the time for compliance with a condition mentioned in paragraph (a) (which may be before or after the exportation of the radioactive source to which the permission relates); and
(c) the quantity of the radioactive source that may be exported; and
(d) the circumstances in which the radioactive source may be exported.
(7) The Minister may, in writing, revoke or modify a permission granted under this regulation if the Minister is satisfied, on reasonable grounds, that:
(a) a condition of the permission has not been complied with; or
(b) without the modification, a condition of the permission is unlikely to be complied with; or
(c) permitting, or continuing to permit, the exportation of the radioactive source in accordance with the permission would breach Australia's international obligations or otherwise damage Australia's international relations.