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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Radiation Protection and Control
Bill 2020
A BILL FOR
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
4Interaction with other Acts and
laws
6Radiation protection
principle
7Principles of ecologically
sustainable development
Division 1—Radiation Protection
Committee
8Radiation Protection
Committee
9Terms and conditions of office
14Application of Public Sector (Honesty and
Accountability) Act
Part 4—Radiation
protection and control
Division 1—Activities
requiring radiation management licence
18Testing for
developmental purposes
19Mining or mineral
processing
20Construction,
establishment, control etc of radiation facility
21Transport of radioactive
material
22Possession of radiation
source
Division 2—Activities requiring
radiation use licence
23Use or handling of
radioactive material
24Operation of radiation
apparatus
Division 3—Premises and radiation
apparatus and sources requiring registration
25Premises in which
unsealed radioactive materials are handled or kept
Division 4—Prohibited
activities
28Operations for enrichment or conversion of
uranium
29Abandonment of radiation sources
Division 5—Accreditation
of third party service providers
31Authority conferred by
accreditation
32Reliance on professional advice
Division 6—General provisions
relating to accreditations and authorisations
34Application for
accreditation or authorisation
36Conditions of
accreditation or authorisation
37Minister may require financial assurance to
secure compliance with conditions of authorisation
38Duration of accreditation
or authorisation and renewal
39Issue of single authorisation
41Surrender of accreditations
and authorisations
42Suspension and
cancellation of accreditations and authorisations
44Obligation of holders of accreditations and
authorisations to notify Minister of certain matters
45Death, bankruptcy etc of holder of
authorisation
46Power to deal with
dangerous situations
50Causing serious radiation
harm
Subdivision 1—Orders
made by Minister
55Radiation protection
cessation orders
56Action on non-compliance with radiation
protection order
58Action on non-compliance with reparation
order
59Variation or revocation of
orders
63Registration of orders or authorisations by
Registrar-General
Subdivision 2—Orders made by ERD
Court
Division 3—Authorised
officers
67Appointment of
authorised officers
69Powers of authorised
officers
70Provisions relating to warrants
71Provisions relating to
seizure
72Offences against authorised officers and
other persons engaged in administration of Act
Division 4—Power
to require or obtain information
73Information discovery
orders
75Recovery of economic benefit
77Register of accreditations, authorisations,
exemptions and permits
78Adoption of documents forming part of
National Directory
83Offences by officers of bodies
corporate
88Imputation of conduct or state of mind of
officer, employee etc
90False or misleading statement
95Recovery of fees and other amounts due to
Minister
96Recovery of
administrative and technical costs associated with contraventions
97Assessment of reasonable costs and
expenses
98Regulations and fees notices
Schedule 1—Application of this Act
to Roxby Downs Joint Venturers
Schedule 2—Related amendments,
repeals and transitional provisions
Part 2—Amendment of Environment
Protection Act 1993
Part 3—Repeal of Radiation
Protection and Control Act 1982
Part 4—Transitional
provisions
4Radiation Protection Committee
6Certain licences to continue as radiation
management licences
7Certain licences to continue as radiation use
licences
10Directions relating to dangerous situations
to continue
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Radiation Protection and Control
Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
(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.
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
.
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.
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.
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.
(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 this Act, the Committee may determine its own
procedures.
(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.
(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.
(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.
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.
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.
(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.
(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.
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) This section
will expire on a date to be fixed by proclamation.
(3) A proclamation must not be made for the purposes of
subsection (2)
unless the Governor is satisfied that proper provision has been made for
the control of operations for the conversion or enrichment of uranium.
(4) 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
(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.
(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.
(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.
(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.
(1) A person
aggrieved by a reviewable decision may apply to the Tribunal for a review of the
decision.
(2) The following are reviewable decisions:
(a) a decision of the Minister to refuse to grant an accreditation or
authorisation;
(b) a decision of the Minister to impose a condition on an accreditation
or authorisation;
(c) a decision of the Minister to vary a condition of an accreditation or
authorisation;
(d) a decision of the Minister to suspend or cancel an accreditation or
authorisation;
(e) a decision of the Minister to give a direction in relation to the
suspension or cancellation of an accreditation or authorisation;
(f) a decision of a prescribed class.
(3) Subject to section 66 of the
South
Australian Civil and Administrative Tribunal Act 2013
, the application for review must be made within 1 month after the
making of the decision to be reviewed.
(4) A person who
makes a reviewable decision must, if requested in writing by a person affected
by the decision, give the person a written statement of the reasons for the
decision within 14 days after the request is made.
(5) If—
(a) a written statement of the reasons for the decision is not given at
the time the decision is made; and
(b) a person affected by the decision makes a request for a written
statement of the reasons under
subsection (4)
,
the time for making the application for review runs from the time that the
person is given a written statement of the reasons.
44—Obligation
of holders of accreditations and authorisations to notify Minister of certain
matters
(1) The holder of an accreditation or authorisation must give the Minister
notice in accordance with this section if—
(a) the holder fails a security background check; or
(b) prescribed circumstances arise.
Maximum penalty: $10 000.
(2) The holder of a radiation use licence authorising the holder to
operate radiation apparatus or to use or handle a radioactive material must give
the Minister notice in accordance with this section if—
(a) the holder is a health practitioner and the health practitioner's
accreditation, licence, registration or other authority under the Health
Practitioner Regulation National Law (South Australia) or other Act or law
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) the holder is a person (other than a health practitioner) who operates
radiation apparatus, or uses or handles a radioactive material, in the course of
the person's professional practice and the person's accreditation, licence,
registration or other authority under an Act or law 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.
Maximum penalty: $10 000.
(3) Notice under this section—
(a) must be given in a manner and form determined by the Minister;
and
(b) must include the information prescribed by the regulations;
and
(c) must be given within the prescribed period.
45—Death,
bankruptcy etc of holder of authorisation
(1) If a person who holds an authorisation dies, the personal
representative of the deceased, or some other person approved by the Minister on
application, will be taken to hold that authorisation (on the same conditions as
were applicable to the deceased) as from the date of the death until the
expiration of the prescribed period.
(2) If a person who holds an authorisation becomes bankrupt or insolvent,
the official receiver will be taken to hold that authorisation (on the same
conditions as were applicable to the person who previously held the
authorisation) as from the date on which the person became bankrupt or insolvent
until the expiration of the prescribed period.
(3) If a body corporate that holds an authorisation is being wound up or
is under administration, receivership or official management, a person vested by
law with power to administer the affairs of the body corporate will be taken to
hold the authorisation (on the same conditions as were applicable to the body
corporate) as from the date on which the person was appointed to administer the
affairs of the body corporate until the expiration of the prescribed
period.
(4) In this section—
prescribed period means—
(a) a period of 6 months; or
(b) such longer period as may be fixed by the Minister.
46—Power
to deal with dangerous situations
(1) If the Minister
considers that a dangerous situation or potentially dangerous situation exists
involving radiation apparatus or radioactive material—
(a) the person responsible for the dangerous situation or potentially
dangerous situation or a person affected by it may be directed to take, or
refrain from taking, specified action; or
(b) the radiation apparatus or radioactive material giving rise to the
dangerous situation or potentially dangerous situation or anything contaminated
or affected by the apparatus or material may be seized, removed, disposed of,
treated or otherwise dealt with; or
(c) any other direction may be given, or action taken,
to avoid, remove or alleviate the dangerous situation or potentially
dangerous situation.
(2) If the Minister
considers that a dangerous situation or potentially dangerous situation exists
involving radiation apparatus or radioactive material at a particular place, a
person may be directed to leave the place and not re-enter it until the
dangerous situation or potentially dangerous situation has ceased to
exist.
(3) Directions may be given or action taken under
subsection (1)
or
(2)
—
(a) by the Minister; or
(b) with the prior approval of the Minister—by an authorised
officer, a police officer or a person appointed for the purpose by the
Minister.
(4) An authorised officer or police officer may exercise the powers
conferred by
subsection (1)
or
(2)
without the prior approval of the Minister if the officer considers that
the dangerous situation or potentially dangerous situation requires immediate
action.
(5) Directions under this section may be given—
(a) by notice in the Gazette; or
(b) by notice given in the prescribed manner to the person to whom they
are directed; or
(c) orally or by electronic communication.
(6) If a person—
(a) hinders or obstructs a person exercising a power, or complying with a
direction, under this section; or
(b) contravenes, or fails to comply with, a direction given under this
section,
that person is guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 5 years or
both.
(7) If a person fails to comply with a direction given under this section,
the Minister may take action, or cause action to be taken, to avoid, remove or
alleviate the dangerous situation or potentially dangerous situation.
(8) If—
(a) costs or expenses are incurred by the Minister in taking action, or
causing action to be taken, under this section; and
(b) the dangerous situation in respect of which the action was taken
resulted from an act done, or omission made, by a person in contravention of
this Act,
the Minister may recover those costs or expenses from that person by order
of the court made in proceedings for the recovery of a penalty in respect of the
act or omission, or by separate action in a court of competent
jurisdiction.
(9) In this section—
dangerous situation means a situation that is creating or is
likely to create—
(a) imminent risk to the health or safety of a person, or the safety of
the person's property; or
(b) imminent risk of environmental harm;
potentially dangerous situation means a situation that could
create—
(a) imminent risk to the health or safety of a person, or the safety of
the person's property; or
(b) imminent risk of environmental harm.
47—Power
to protect security enhanced radioactive sources and high risk radioactive
sources and material
(1) A person who has not undergone a security background check must not
obtain or access, attempt to obtain or access, or deal in any way
with—
(a) a security enhanced radioactive source; or
(b) a high risk radioactive source; or
(c) high risk radioactive material.
Maximum penalty: $50 000 or imprisonment for 10 years.
(2) If the Minister has reason to believe that a person may pose a threat
to the security of—
(a) a security enhanced radioactive source; or
(b) a high risk radioactive source; or
(c) high risk radioactive material,
by reason of the person having failed to pass a security background check,
the Minister may, by notice given to the person in the prescribed
manner—
(d) give the person a direction that the person must not—
(i) obtain or access or attempt to obtain or access; or
(ii) deal in any way with,
a security enhanced radioactive source, a high risk radioactive source or
high risk radioactive material; and
(e) give the person a direction placing such other restrictions on the
person's activities involving such radioactive sources and material as the
Minister considers necessary to maintain the security of such sources and
material.
(3) A person must not contravene a direction given to the person under
this section.
Maximum penalty: $50 000 or imprisonment for 10 years.
(1) The Minister or an authorised officer may, by notice given in the
prescribed manner, grant the person a permit authorising an act or omission that
might otherwise constitute a contravention of this Act if the Minister or
authorised officer is satisfied that—
(a) circumstances of urgency exist such that it is not practicable for the
person to obtain an exemption; and
(b) the authorisation of the act or omission is justified by the need to
protect life, the environment or property.
(2) A permit under this section is subject to the following
conditions:
(a) a condition that the person pay the prescribed fee;
(b) such other conditions as the Minister or the authorised officer who
granted the permit thinks fit to impose and specifies in the permit.
(3) A person incurs no liability to a penalty under this Act in respect of
an act or omission authorised under this section.
(4) A person who would, but for a permit under this section, have
contravened a provision of this Act is, despite the permit, to be taken to have
contravened that provision for the purposes of any proceedings under
section 65
in respect of the contravention.
49—Limits
of exposure to ionising radiation not to be more stringent than limits fixed
under certain codes etc
Despite any other provision of this Act, no limit of exposure to ionising
radiation may be fixed by the regulations or a condition of an authorisation
imposed under this Act in relation to an operation for mining or mineral
processing that is more stringent than the most stringent of all the limits, or
less stringent than the least stringent of all the limits, for the time being
fixed in the codes, standards and recommendations applied, approved or published
under the Australian Radiation Protection and Nuclear Safety
Act 1998 of the Commonwealth or any other Act or law of the
Commonwealth or by the National Health and Medical Research Council, the
International Commission on Radiological Protection or the International Atomic
Energy Agency.
50—Causing
serious radiation harm
(1) A person who causes
serious radiation harm intentionally or recklessly and with the knowledge that
harm to the health or safety of a person or harm to the environment will or
might result is guilty of an offence.
Maximum penalty:
(a) in the case of a body corporate—$5 000 000;
(b) in the case of a natural person—$1 000 000 or
15 years imprisonment or both.
(2) A person who causes
serious radiation harm is guilty of an offence.
Maximum penalty:
(a) in the case of a body corporate—$2 500 000;
(b) in the case of a natural person—$500 000 or 10 years
imprisonment or both.
(3) If in proceedings for an offence against
subsection (1)
the court is not satisfied that the defendant is guilty of the offence
charged but is satisfied that the defendant is guilty of an offence against
subsection (2)
, the court may find the defendant guilty of the latter offence.
(4) For the purposes of this section, a person causes serious
radiation harm if the person commits an act involving a radiation source
that harms, or is likely to harm, presently or in the future, the health or
safety of a person or the environment, and the harm or likely harm is of a high
impact or on a wide scale.
(5)
Subsections (1)
and
(2)
do not apply in relation to an act done in good faith, in accordance with
this Act and without negligence.
(1) A person who causes
radiation harm intentionally or recklessly and with the knowledge that harm to
the health or safety of a person or harm to the environment will or might result
is guilty of an offence.
Maximum penalty:
(a) in the case of a body corporate—$1 000 000;
(b) in the case of a natural person—$200 000 or 5 years
imprisonment or both.
(2) A person who
causes radiation harm is guilty of an offence.
Maximum penalty:
(a) in the case of a body corporate—$500 000;
(b) in the case of a natural person—$100 000 or 2 years
imprisonment or both.
(3) If in proceedings for an offence against
subsection (1)
the court is not satisfied that the defendant is guilty of the offence
charged but is satisfied that the defendant is guilty of an offence against
subsection (2)
, the court may find the defendant guilty of the latter offence.
(4) For the purposes of this section, a person causes radiation
harm if the person commits an act involving a radiation source that
harms, or is likely to harm, presently or in the future, the health or safety of
a person or the environment, and the harm or likely harm is not trivial but is
not of a high impact or on a wide scale.
(5)
Subsections (1)
and
(2)
do not apply in relation to an act done in good faith, in accordance with
this Act and without negligence.
If in proceedings for an offence against
section 50
, the court is not satisfied that the defendant is guilty of the offence
charged but is satisfied that the defendant is guilty of an offence against
section 51
, the court may find the defendant guilty of the latter offence.
(1) A person must, in
dealing with a radiation source, take all reasonable and practicable measures to
ensure that—
(a) the exposure of people to ionising radiation from the radiation source
is kept as low as is reasonably achievable; and
(b) the risk of exposure of people and the environment to dangerous or
potentially dangerous radiation from the radiation source is minimised;
and
(c) the radiation source is protected from misuse that may result in harm
to people or the environment.
(2) A person must, in complying with the duty created by
subsection (1)
, have regard to the radiation protection principle and the principles of
ecologically sustainable development.
(3) A person who breaches the duty created by
subsection (1)
is not, on account of the breach alone, guilty of an offence
but—
(a) compliance with the duty may be enforced by the issuing of a radiation
protection order under
Part 7
; and
(b) a reparation order or reparation authorisation may be issued under
that Part in respect of the breach of the duty.
Subdivision 1—Orders
made by Minister
54—Radiation
protection orders
(1) The Minister may
issue a radiation protection order for the purpose of securing compliance
with—
(a) the general duty of care; or
(b) a condition of an accreditation or authorisation; or
(c) any other requirement imposed by or under this Act.
(2) A radiation
protection order issued for a purpose referred to in
subsection (1)
may impose any requirement reasonably required for the purpose for which
the order is issued, including either or both of the following:
(a) a requirement that a person discontinue, or not commence, a specified
activity indefinitely or for a specified time or until further notice by the
Minister;
(b) a requirement that a person take specified action within a specified
period.
(3) Without
limiting the generality of
subsection (2)
, a radiation protection order may impose any requirement reasonably
required for the purpose for which the order is issued, including 1 or more of
the following:
(a) that a person discontinue, or not commence, a specified activity
indefinitely or for a specified period or until further notice from the
Minister;
(b) that a person not carry on a specified activity except at specified
times or subject to specified conditions;
(c) that a person take specified action within a specified period or at
specified times or in specified circumstances;
(d) that a person
undertake specified tests or monitoring;
(e) that a person furnish to the Minister specified test, monitoring or
compliance reports;
(f) that a person appoint or engage a person with specified qualifications
to prepare a plan or report or undertake tests or monitoring required by the
order.
(4) A radiation protection order issued under this
section—
(a) must be in the form of a notice given in the prescribed manner to the
person to whom the order is issued; and
(b) must specify the person to whom it is issued (whether by name or
description sufficient to identify the person); and
(c) must specify the purpose for which the order is issued; and
(d) must state that the person may, within 14 days, appeal to the
ERD Court against the order.
(5) An authorised officer may, if of the opinion that urgent action is
required under this section, issue an emergency radiation protection order
imposing requirements of a kind referred to in
subsection (3)(d)
as reasonably required for the purpose for which the order is
issued.
(6) An emergency radiation protection order may be issued orally, but, in
that event, the person to whom the order is issued must be informed immediately
of the person's right to appeal to the ERD Court against the
order.
(7) If an emergency radiation protection order is issued, the order will
cease to have effect on the expiration of 72 hours from the time of its
issuing unless confirmed by a radiation protection order issued by the Minister
and given to the person in the prescribed manner.
55—Radiation
protection cessation orders
(1) The Minister may
issue a radiation protection cessation order for the purpose of—
(a) preventing or minimising harm to people or the environment;
or
(b) dealing with stockpiled or abandoned radioactive material,
that may result from activities or operations regulated by this Act after
the activities or operations have ceased.
(2) A radiation
protection cessation order issued for a purpose referred to in
subsection (1)
may impose any requirement of a kind that could be imposed as a condition
of an authorisation that is reasonably required for the purpose for which the
order is issued (including a requirement of a kind that could be imposed in a
radiation protection order issued under
section 54
).
(3) The regulations may—
(a) limit the circumstances in which a radiation protection cessation
order may be issued; or
(b) prescribe circumstances in which a radiation protection cessation
order will be taken to have been revoked.
(4) A radiation protection cessation order issued for a purpose referred
in
subsection (1)
—
(a) must be in the form of a notice given in the prescribed manner to the
owner for the time being of the land on which the operations or activities were
undertaken (whether or not the owner was the person who had undertaken the
operations or activities); and
(b) must specify the person to whom the order is being issued (whether by
name or a description sufficient to identify the person); and
(c) must state the purpose for which it is issued and specify the harm to
the environment that it is directed towards preventing or minimising or the
other matter that it is directed towards dealing with (as the case may be);
and
(d) must specify any requirements imposed under
subsection (2)
; and
(e) must state that the person may, within 14 days, appeal to the
ERD Court against the order.
(5) This section is in addition to, and does not limit the effect of,
section 54
.
(6) This section does not apply in relation to activities or operations
that ceased before the commencement of this section.
56—Action
on non-compliance with radiation protection order
(1) If the requirements of a radiation protection order or radiation
protection cessation order are not complied with, the Minister may take any
action required by the order.
(2) Action may be taken on the Minister's behalf by an authorised officer
or another person authorised by the Minister for the purpose.
(3) A person taking action under this section may enter any relevant
premises or vehicle at any reasonable time.
(4) The reasonable costs and expenses incurred by the Minister in taking
action under this section may be recovered by the Minister as a debt from the
person who failed to comply with the requirements of the radiation protection
order.
(5) If an amount is recoverable from a person by the Minister under this
section—
(a) the Minister may, by notice given in the prescribed manner to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person and, if the amount is
not paid by the person within that period, the person is liable to pay interest
charged at the prescribed rate per annum on the amount unpaid; and
(b) the amount together with any interest charge so payable is, until
paid, a charge in favour of the Minister on any land owned by the person in
relation to which the radiation protection order is registered under this
Part.
(1) If the Minister is satisfied that a person has caused harm to people
or the environment by—
(a) a breach of the general duty of care; or
(b) a contravention of a condition of an accreditation or authorisation;
or
(c) a contravention of this Act,
the Minister may issue a reparation order requiring the
person—
(d) to take specified action within a specified period to make good any
resulting damage to people or the environment; or
(e) to make a payment or payments into an approved account to enable
action to be taken to address any harm to people or the environment,
or both.
(2) A reparation order
issued under this section—
(a) may include requirements for action to be taken to prevent or mitigate
further harm to people or the environment, or for a plan of action to be
prepared to the satisfaction of the Minister; and
(b) may include requirements for specified tests or monitoring;
and
(c) may include requirements for providing to the Minister specified
results or reports; and
(d) may include requirements that the person to whom it is issued appoint
or engage a person with specified qualifications to prepare a plan or report or
to undertake tests or monitoring required by the order; and
(e) in the case of an order requiring payment into an approved
account—may require that payments must occur in accordance with a scheme
specified by the Minister (either at the time of the making of the order or at a
later time when the extent or impact of any action has been assessed or finally
determined).
(3) A reparation order issued under this section—
(a) must be in the form of a notice given in the prescribed manner to the
person to whom it is issued; and
(b) must specify the person to whom it is issued (whether by name or a
description sufficient to identify the person); and
(c) must state the grounds on which it is made with reasonable
particularity; and
(d) must state that the person may, within 14 days, appeal to the
ERD Court against the order.
(4) An authorised officer may, if of the opinion that urgent action is
required to prevent or mitigate further harm, issue an emergency reparation
order containing requirements of a kind referred to in
subsection (2)
, other than a requirement for payment into an approved account.
(5) An emergency reparation order may be issued orally but, in that event,
the person to whom it is issued must be advised immediately of the person's
right to appeal to the ERD Court against the order.
(6) If an emergency reparation order is issued orally, the authorised
officer who issued it must confirm it at the earliest opportunity (and in any
event within 2 business days) by notice given in the prescribed manner
to the person to whom it applies.
(7) If an emergency reparation order is issued, the order will cease to
have effect on the expiration of 72 hours from the time of its issuing
unless confirmed by a reparation order issued in, and given to the relevant
person, in the prescribed manner.
(8) The Minister or an authorised officer may, if of the opinion that it
is reasonably necessary to do so in the circumstances, include in an order
issued under this section a requirement for an act or omission that might
otherwise constitute a contravention of this Act and, in that event, a person
incurs no criminal liability under this Act for compliance with the
requirement.
58—Action
on non-compliance with reparation order
(1) If the
requirements of a reparation order are not complied with, the Minister may take
any action required by the order.
(2) Action taken by the Minister under
subsection (1)
may be taken on the Minister's behalf by an authorised officer or another
person authorised by the Minister for the purpose.
(3) A person taking action under this section may enter any relevant
premises or vehicle at any reasonable time.
(4) The reasonable costs and expenses incurred by the Minister in taking
action under this section may be recovered by the Minister as a debt from the
person who failed to comply with the requirements of the reparation
order.
(5) If an amount is recoverable from a person by the Minister under this
section—
(a) the Minister may, by notice given in the prescribed manner to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person and, if the amount is
not paid by the person within that period, the person is liable to pay interest
charged at the prescribed rate per annum on the amount unpaid; and
(b) the amount together with any interest charge so payable is, until
paid, a charge in favour of the Minister on any land owned by the person in
relation to which the reparation order is registered under this
Division.
59—Variation
or revocation of orders
The Minister may, by notice given in the prescribed manner to the person to
whom a radiation protection order, radiation protection cessation order or
reparation order has been issued under this Subdivision, vary or revoke the
order.
(1) A person to whom a radiation protection order, radiation protection
cessation order or reparation order is issued must comply with the
order.
Maximum penalty: $100 000.
Expiation fee: $3 000.
(2) A person must not hinder or obstruct a person complying with a
radiation protection order, radiation protection cessation order or reparation
order issued under this Act.
Maximum penalty: $100 000.
(1) If the Minister
is satisfied that a person has caused harm to people or the environment
by—
(a) a breach of the general duty of care; or
(b) a contravention of a condition of an accreditation or authorisation;
or
(c) a contravention of this Act,
the Minister may issue a reparation authorisation (whether or not a
reparation order has been issued to the person) under which authorised officers
or other persons authorised by the Minister for the purpose may take specified
action on the Minister's behalf to make good any harm to people or the
environment.
(2) A reparation authorisation may include authorisation for action to be
taken to prevent or mitigate further harm to people or the
environment.
(3) A reparation authorisation issued under this section—
(a) must be in the form of a notice given in the prescribed manner to the
person alleged to have caused the harm as soon as practicable after the issuing
of the reparation; and
(b) must specify the person alleged to have caused the harm (whether by
name or a description sufficient to identify the person); and
(c) must state the grounds on which it is made with reasonable
particularity.
(4) The Minister may vary or revoke a reparation authorisation.
(5) The Minister must, as soon as practicable after varying or revoking a
reparation authorisation, give the person alleged to have caused the harm notice
of the variation or revocation in the prescribed manner.
(6) If a person other than an authorised officer is authorised to take
action under
subsection (1)
, the following provisions apply:
(a) the Minister must issue the person with an instrument of
authorisation;
(b) the person may exercise such powers of an authorised officer as are
reasonably required for the purpose of taking action under that
subsection;
(c) the provisions of this Act apply in relation to the exercise of such
powers by the person in the same way as in relation to an authorised
officer;
(d) the person must produce the instrument of authorisation for the
inspection of any person in relation to whom the person intends to exercise
powers of an authorised officer.
(7) A person taking action under a reparation authorisation may enter any
relevant premises or vehicle at any reasonable time.
(8) The reasonable costs and expenses incurred by the Minister in taking
action under a reparation authorisation may be recovered by the Minister as a
debt from the person who caused the relevant harm.
(9) If an amount is recoverable from a person by the Minister under this
section—
(a) the Minister may, by notice given in the prescribed manner to the
person, fix a period, being not less than 28 days from the date of the
notice, within which the amount must be paid by the person and, if the amount is
not paid by the person within that period, the person is liable to pay interest
charged at the prescribed rate per annum on the amount unpaid; and
(b) the amount together with any interest charge so payable is, until
paid, a charge in favour of the Minister on any land owned by the person in
relation to which the reparation authorisation is registered under this
Part.
A person cannot claim compensation from—
(a) the Minister or the Crown; or
(b) an authorised officer; or
(c) a person acting under the authority of the Minister or an authorised
officer,
in respect of a requirement imposed under this Part or on account of any
act or omission undertaken or made in the exercise (or purported exercise) of a
power under this Part.
63—Registration
of orders or authorisations by Registrar-General
(1) If—
(a) the Minister issues an order or authorisation under this Part;
and
(b) the order or authorisation is issued in relation to an activity
carried out on land, or requires a person to take action on or in relation to
land,
the Minister may apply to the Registrar-General for the registration of the
order or authorisation in relation to that land.
(2) An application
under this section must—
(a) define the land to which it relates; and
(b) comply with any requirement imposed by the Registrar-General for the
purposes of this section.
(3) The Registrar-General must—
(a) on due application under
subsection (2)
; and
(b) on lodgement of a copy of the relevant order or
authorisation,
register the order or authorisation in relation to the land by making such
entries in any register book, memorial or other book or record in the Lands
Titles Registration Office or in the General Registry Office as the
Registrar-General thinks fit.
(4) An order or authorisation registered under this section is binding on
each owner and occupier from time to time of the land.
(5) The Registrar-General must, on application by the Minister, cancel the
registration of an order or authorisation in relation to land and make such
endorsements to that effect in the appropriate register book, memorial or other
book or record in respect of the land as the Registrar-General thinks
fit.
(6) The Minister may, if the Minister thinks fit, apply to the
Registrar-General for cancellation of the registration of an order or
authorisation under this section in relation to land, and must do
so—
(a) on revocation of the order or authorisation; or
(b) in respect of—
(i) an order—
(A) on full compliance with the requirements of the order;
(B) if the Minister has taken action under this Part to carry out the
requirements of the order—on payment to the Minister of any amount
recoverable by the Minister in relation to the action so taken; or
(ii) an authorisation—on payment to the Minister of any amount
recoverable by the Minister under this Part in relation to the action taken
pursuant to the authorisation.
A charge imposed on land under this Part has priority over—
(a) any prior charge on the land (whether or not registered) that operates
in favour of a person who is an associate of the owner of the land;
and
(b) any other charge on the land other than a charge registered prior to
registration under this Division of the relevant order or authorisation in
relation to the land.
Subdivision 2—Orders
made by ERD Court
(1) Applications
may be made to the ERD Court for 1 or more of the following
orders:
(a) if a person has engaged, is engaging or is proposing to engage in
conduct in contravention of this Act—an order restraining the person, or
an associate of the person, from engaging in the conduct and, if the Court
considers it appropriate to do so, requiring the person, or an associate of the
person, to take such action as may appear appropriate to the Court in the
circumstances (including an order to rectify the consequences of any
contravention, or to ensure that a further contravention does not
occur);
(b) if a person has refused or failed, is refusing or failing or is
proposing to refuse or fail to take any action required by this Act—an
order requiring the person to take that action;
(c) if a person has suffered injury, illness, loss (including economic
loss or loss of property) or damage to property as a result of a contravention
of this Act, or incurred costs and expenses in taking action to prevent or
mitigate such injury, illness, loss or damage—an order against the person
who committed the contravention for payment of compensation for the injury,
illness, loss or damage, or for payment of the reasonable costs and expenses
incurred in taking that action;
(d) if the Court considers it appropriate to do so—an order against
a person who has contravened this Act for payment (for the credit of the
Consolidated Account) of an amount in the nature of exemplary damages determined
by the Court;
(e) if a person has contravened this Act—an order requiring the
person to take specified action to publicise the contravention and its
environmental and other consequences and any other orders made against the
person.
(2) The power of the ERD Court to make an order restraining a person
from engaging in conduct of a particular kind may be exercised—
(a) if the Court is satisfied that the person has engaged in conduct of
that kind—whether or not it appears to the Court that the person intends
to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the Court that, in the event that an order is not
made, it is likely that the person will engage in conduct of that
kind—whether or not the person has previously engaged in conduct of that
kind and whether or not there is an imminent danger of damage if the person
engages in conduct of that kind.
(3) The power conferred by
subsection (1)
may only be exercised by a Judge of the ERD Court.
(4) In assessing an amount to be ordered in the nature of exemplary
damages, the ERD Court must have regard to—
(a) any harm to people or the environment or detriment to the public
interest resulting from the contravention; and
(b) any financial saving or other benefit that the respondent, or an
associate of the respondent, stood to gain by committing the contravention;
and
(c) any other matter it considers relevant.
(5) An application under this section may be made by—
(a) the Minister; or
(b) a person whose interests are affected by the subject matter of the
application; or
(c) any other person with the permission of the ERD Court.
(6) If an application is made by a person other than the
Minister—
(a) the applicant must serve a copy of the application on the Minister
within 3 days after filing the application with the ERD Court;
and
(b) the ERD Court must, on application by the Minister, join the
Minister as a party to the proceedings.
(7) An application under this section may be made in a representative
capacity (but, if so, the consent of all persons on whose behalf the application
is made must be obtained).
(8) An application may be made in the absence of the respondent, (or an
associate of the respondent), and, if the ERD Court is satisfied on the
application that the respondent has a case to answer, it may grant permission to
the applicant to serve a summons requiring the respondent to appear before the
Court to show cause why an order should not be made under this
section.
(9) An application under this section must, in the first instance, be
referred to a conference under section 16 of the
Environment,
Resources and Development Court Act 1993
.
(10) If, on an application under this section or before the determination
of the proceedings commenced by the application, the ERD Court is satisfied
that, in order to preserve the rights or interests of parties to the proceedings
or for any other reason, it is desirable to make an interim order under this
section, the Court may make such an order.
(11) An interim order—
(a) may be made in the absence of the respondent or any other party;
and
(b) may be made whether or not the proceedings have been referred to a
conference; and
(c) will be made subject to such conditions as the Court thinks fit;
and
(d) will not operate after the proceedings in which it is made are finally
determined.
(12) The ERD Court may order an applicant in proceedings under this
section—
(a) to provide security for the payment of costs that may be awarded
against the applicant if the application is subsequently dismissed;
(b) to give an undertaking as to the payment of any amount that may be
awarded against the applicant under
subsection (13)
.
(13) If, on an
application under this section alleging a contravention of this Act, the
ERD Court is satisfied—
(a) that the respondent has not contravened this Act; and
(b) that the respondent has suffered loss or damage as a result of the
actions of the applicant; and
(c) that in the circumstances it is appropriate to make an order under
this provision,
the Court may, on the application of the respondent (and in addition to any
order as to costs), require the applicant to pay to the respondent an amount,
determined by the Court, to compensate the respondent for the loss or damage
suffered by the respondent.
(14) The ERD Court may, if it considers it appropriate to do so, either on
its own initiative or on the application of a party, vary or revoke an order
previously made under this section.
(15) The ERD Court
may, in any proceedings under this section, make such orders in relation to the
costs of the proceedings as it thinks just and reasonable.
(16) Without limiting the generality of
subsection (15)
, in determining whether to make any order in relation to costs the
ERD Court may have regard to the following matters (so far as they are
relevant):
(a) whether the applicant is pursuing a personal interest only in bringing
the proceedings or is furthering a wider group interest or the public
interest;
(b) whether or not the proceedings raise significant issues relating to
the administration of this Act.
(1) Subject to this section, if the Minister is satisfied that a person
has committed an offence by contravening a provision of this Act, the Minister
may, as an alternative to criminal proceedings, recover, by negotiation or by
application to the ERD Court, an amount as a civil penalty in respect of
the contravention.
(2) The Minister may not recover an amount under this section in respect
of a contravention if the relevant offence requires proof of intention or some
other state of mind, and must, in respect of any other contravention, determine
whether to initiate proceedings for an offence or take action under this
section, having regard to the seriousness of the contravention, the previous
record of the offender and any other relevant factors.
(3) The Minister may not make an application to the ERD Court under
this section to recover an amount from a person as a civil penalty in respect of
a contravention—
(a) unless the Minister has served on the person a notice in the
prescribed form advising the person that the person may, by notice given to the
Minister in the prescribed manner, elect to be prosecuted for the contravention
and the person has been allowed not less than 21 days after service of the
Minister's notice to make such an election; or
(b) if the person serves notice on the Minister, before the making of such
an application, that the person elects to be prosecuted for the
contravention.
(4) The maximum amount that the Minister may recover by negotiation as a
civil penalty in respect of a contravention is the sum of the amount specified
by this Act as the criminal penalty in relation to that contravention and the
amount of any economic benefit acquired by the person, or accrued or accruing to
the person, as a result of the contravention.
(5) If, on an application by the Minister, the ERD Court is satisfied
on the balance of probabilities that a person has contravened a provision of
this Act, the Court may order the person to pay to the Minister an amount as a
civil penalty (but not exceeding the amount specified by this Act as the
criminal penalty in relation to that contravention).
(6) In determining the amount to be paid by a person as a civil penalty,
the ERD Court must have regard to—
(a) the nature and extent of the contravention; and
(b) any detriment to the public interest resulting from the contravention;
and
(c) any financial saving or other benefit that the person stood to gain by
committing the contravention; and
(d) whether the person has previously been found, in proceedings under
this Act or the repealed Act, to have engaged in any similar conduct;
and
(e) any other matter it considers relevant.
(7) The jurisdiction conferred by this section is to be part of the civil
jurisdiction of the ERD Court.
(8) If conduct of a person constitutes a contravention of 2 or more
provisions of this Act, an amount may be recovered from the person under this
section in relation to the contravention of any 1 or more of those
provisions (provided that the person is not liable to pay more than
1 amount as a civil penalty in respect of the same conduct).
(9) Proceedings for an
order under this section that a person pay an amount as a civil penalty in
relation to a contravention of this Act, or for enforcement of such an order,
are stayed if criminal proceedings are started, or have already been started,
against the person for an offence constituted by conduct that is substantially
the same as the conduct alleged to constitute the contravention.
(10) Furthermore—
(a) proceedings referred to in
subsection (9)
may only be resumed if the criminal proceedings do not result in a formal
finding of guilt being made against the person; and
(b) if proceedings for an order under this section that a person pay an
amount as a civil penalty in relation to a contravention of this Act are
commenced by the Minister, criminal proceedings against the person for an
offence constituted by conduct that is substantially the same as the conduct
alleged to constitute the contravention cannot be commenced without the
authorisation of the Attorney-General.
(11) Evidence of
information given or evidence of the production of documents by a person is not
admissible in criminal proceedings against the person if—
(a) the person gave the evidence or produced the documents in the course
of negotiations or proceedings under this section for the recovery of an amount
as a civil penalty in relation to a contravention of this Act; and
(b) the conduct alleged to constitute the offence is substantially the
same as the conduct that was alleged to constitute the contravention.
(12) However,
subsection (11)
does not apply to criminal proceedings in respect of the making of a false
or misleading statement.
(13) The ERD Court may, in any proceedings under this section, make such
orders in relation to the costs of the proceedings as it thinks just and
reasonable.
Division 3—Authorised
officers
67—Appointment
of authorised officers
(1) The Minister
may appoint a suitably qualified person to be an authorised officer for the
purposes of this Act.
(2) An appointment under
subsection (1)
may be made subject to conditions or limitations specified in the
instrument of appointment.
(3) The Minister may, at any time—
(a) vary or revoke an appointment; or
(b) vary or revoke a condition of an appointment or impose a further
condition.
(1) An authorised officer must be issued with an identity card in a form
determined by the Minister—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an authorised officer for the purposes of
this Act.
(2) If the powers of an authorised officer have been limited by conditions
under
section 67
, the identity card issued to the authorised officer must contain a
statement of the limitation on the officer's powers.
(3) The identity card must be issued as soon as is reasonably practicable
after the appointment is made (but an authorised officer is not prevented from
exercising powers under this Act just because an identity card is yet to be
issued).
(4) An authorised officer must, at the request of a person in relation to
whom the authorised officer intends to exercise any powers under this Act,
produce for the inspection of the person the authorised officer's identity card
(unless the identity card is yet to be issued).
(5) An authorised officer appointed under this Act must, on ceasing to be
an authorised officer for any reason, immediately return their identity card to
the Minister.
Maximum penalty: $500.
69—Powers
of authorised officers
(1) Subject to this
Act, an authorised officer may, for any reasonable purpose connected with the
administration or enforcement of this Act—
(a) enter and
inspect any place or vehicle or anything on or in the place or vehicle;
and
(b) with the authority of a warrant issued under this Part or in
circumstances in which the authorised officer reasonably believes that immediate
action is required, use reasonable force to break into or open any part of, or
anything in or on, any place or vehicle; and
(c) give directions with respect to the stopping or moving of a vehicle;
and
(d) take and remove samples of any substance or thing from any place or
vehicle for analysis; and
(e) require a person to produce any documents, including a written record
that reproduces in an understandable form information stored by computer,
microfilm or other process; and
(f) examine, copy or take extracts from a document or information so
produced or require a person to provide a copy of such a document or
information; and
(g) take photographs, films, audio, video or other recordings;
and
(h) examine or test any apparatus, plant, equipment or other thing, or
cause or require it to be so examined or tested, or seize it or require its
production for such examination or testing; and
(i) seize and
retain, or issue a seizure order in respect of, anything that the authorised
officer reasonably suspects has been used in, or may constitute evidence of, a
contravention of this Act; and
(j) take onto or into any place or vehicle and use, any equipment or
apparatus (such as drilling, boring, earth-moving, testing, measuring,
photographic, film, audio, video or other recording equipment or apparatus);
and
(k) require a person who the authorised officer reasonably suspects has
committed, is committing or is about to commit, a contravention of this Act to
state the person's full name and usual place of residence and to produce
evidence of the person's identity; and
(l) require a person who the authorised officer reasonably suspects has
knowledge of matters in respect of which information is reasonably required for
the administration or enforcement of this Act to answer questions in relation to
those matters; and
(m) require a person holding an accreditation or authorisation or required
to hold an accreditation or authorisation to produce it for inspection;
and
(n) require a person holding a permit to produce it for inspection;
and
(o) give any directions reasonably required in connection with the
exercise of a power conferred by a preceding paragraph or otherwise in
connection with the administration or enforcement of this Act.
(2) An authorised officer may, for the purpose of investigating a matter
related to the administration or enforcement of this Act, give notice in the
prescribed manner to a person, requiring the person to attend personally (at a
reasonable time) at a specified place in order to enable an authorised officer
to put questions to the person.
(3) An authorised officer may, if the officer reasonably believes that
action is required to prevent a contravention of the Act—
(a) seize and retain radiation apparatus or other equipment containing a
radiation source, or part of such an apparatus or equipment that is essential to
its operation; or
(b) cause radiation apparatus or other equipment containing a radiation
source to be rendered inoperable by a suitably qualified person.
(4) An authorised officer may not exercise the power of entry under this
section in respect of premises unless—
(a) the premises are business premises being used at the time in the
course of business; or
(b) the authorised officer reasonably suspects that—
(i) a contravention of this Act has been, is being, or is about to be,
committed in the premises; or
(ii) something may be found in the premises that has been used in, or
constitutes evidence of, a contravention of this Act.
(5) An authorised officer may not exercise the power to enter, inspect or
seize a vehicle unless—
(a) the vehicle is of a prescribed class; or
(b) the authorised officer reasonably suspects that—
(i) a contravention of this Act has been, is being, or is about to be,
committed in relation to the vehicle; or
(ii) something may be found in or on the vehicle that has been used in, or
constitutes evidence of, a contravention of this Act.
(6) If a person who is not reasonably fluent in English and whose native
language is not English is suspected of having committed an offence against this
Act—
(a) the person is entitled to be assisted by an interpreter during any
questioning conducted by an authorised officer in the course of an investigation
of the suspected offence; and
(b) if it appears that the person may be entitled to be assisted by an
interpreter, an authorised officer must not proceed with any questioning, or
further questioning, until the person has been informed of the right to an
interpreter; and
(c) if the person requests the assistance of an interpreter, an authorised
officer must not proceed with any questioning, or further questioning, until an
interpreter is present.
(7) An authorised officer, in exercising powers under this Act, may be
accompanied by such assistants as are reasonably required in the
circumstances.
(8) An authorised
officer may require an occupier of any place or a person apparently in charge of
plant, equipment, or a vehicle or other thing to give the authorised officer or
a person assisting the authorised officer such assistance as is reasonably
required by the authorised officer for the effective exercise of powers
conferred by this Act.
(9) A person who gives assistance to an authorised officer as required
under
subsection (8)
must, if the person so requires, be reimbursed by the authorised officer
or the Minister for any reasonable costs and expenses incurred in giving the
assistance.
(10) If the exercise of a power under this section (other than a power
exercised with the authority of a warrant) results in any damage, the Minister
must make good the damage as soon as is reasonably practicable or pay reasonable
compensation for the damage.
70—Provisions
relating to warrants
(1) If, on the application of an authorised officer, a magistrate is
satisfied that there are reasonable grounds to believe—
(a) that a contravention of this Act has been, is being, or is about to
be, committed in or on any place or a vehicle; or
(b) that something may be found in or on a place that has been used in, or
constitutes evidence of, a contravention of this Act; or
(c) that the circumstances require immediate action,
the magistrate may issue a warrant in respect of the place or vehicle
authorising an authorised officer, with such assistants as the authorised
officer considers necessary, to use reasonable force to break into or open any
part of, or anything in or on, the place or vehicle as specified in the
warrant.
(2) An application for the issue of a warrant under this
section—
(a) may be made either personally or by telephone; and
(b) must be made in accordance with any procedures prescribed by the
regulations.
71—Provisions
relating to seizure
(1) A seizure order—
(a) must be in the form of a notice given in the prescribed manner to the
owner or person in control of the thing to which the order relates;
and
(b) may be varied or revoked by further notice given in the prescribed
manner.
(2) If a seizure order is issued, a person who removes or interferes with
the thing to which the order relates without the approval of the Minister before
an order is made under
subsection (3)(b)
in respect of the thing or the seizure order is discharged under
subsection (3)(c)
is guilty of an offence.
Maximum penalty: $50 000.
(3) If a thing has
been seized or made subject to a seizure order, the following provisions
apply:
(a) the thing must,
if it has been seized, be held pending proceedings for an offence against this
Act related to the thing seized, unless the Minister, on application, authorises
its release to the person from whom it was seized, or to any person who had
legal title to it at the time of its seizure, subject to such conditions as the
Minister thinks fit (including conditions as to the giving of security for
satisfaction of an order under
paragraph (b)(ii)
);
(b) if proceedings
for an offence against this Act relating to the thing are instituted within the
prescribed period after its seizure or the issuing of the seizure order and the
defendant is convicted or found guilty of the offence, the court
may—
(i) order that it be forfeited to the Minister; or
(ii) where it has
been released pursuant to
paragraph (a)
or is the subject of a seizure order—order that it be forfeited to
the Minister or that the person to whom it was released or the defendant pay to
the Minister an amount equal to its market value at the time of its seizure or
the issuing of the seizure order, as the court thinks fit;
(i) proceedings are not instituted for an offence against this Act
relating to the thing within the prescribed period after its seizure or the
issuing of the seizure order; or
(ii) proceedings have been so instituted and—
(A) the defendant is found not guilty of the offence; or
(B) the defendant is convicted or found guilty of the offence but no order
for forfeiture is made under
paragraph (b)
,
then—
(iii) in the case of a thing seized—the person from whom the thing
was seized, or any person with legal title to it, is entitled to recover from
the Minister (if necessary, by action in a court of competent jurisdiction) the
thing itself, or if it has been damaged or destroyed, compensation of an amount
equal to its market value at the time of its seizure; or
(iv) in the case of a thing subject to a seizure order—the order is
discharged.
(4) In
subsection (3)
—
the prescribed period means 12 months or such longer
period as the ERD Court may, on application by the Minister,
allow.
72—Offences
against authorised officers and other persons engaged in administration of
Act
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer
or other person engaged in the administration of this Act; or
(b) fails to comply with a notice given by an authorised officer under
section 71
; or
(c) fails to answer a question put by an authorised officer to the best of
the person's knowledge, information or belief; or
(d) produces a document or record that the person knows, or ought to know,
is false or misleading in a material particular; or
(e) being the person in charge of a place or vehicle subject to an
inspection and having been required to provide reasonable assistance to
facilitate the inspection, refuses or fails to provide such assistance;
or
(f) fails without reasonable excuse to comply with a requirement or
direction of an authorised officer under this Act; or
(g) uses abusive, threatening or insulting language to an authorised
officer, or a person assisting an authorised officer; or
(h) falsely represents, by words or conduct, that the person is an
authorised officer,
is guilty of an offence.
Maximum penalty: $20 000.
(2) A person who assaults an authorised officer, or a person assisting an
authorised officer, in the exercise of powers under this Act, is guilty of an
offence.
Maximum penalty: $20 000.
Division 4—Power
to require or obtain information
73—Information
discovery orders
(1) The Minister may, by notice given in accordance with this section,
issue an information discovery order for the purpose of obtaining information
reasonably required by the Minister for the administration or enforcement of
this Act.
(2) An information discovery order may be issued to any person who the
Minister reasonably suspects has knowledge of matters, or has possession or
control of a document dealing with matters, in respect of which information is
required by the Minister.
(3) An information discovery order—
(a) must be given in the prescribed manner to the person to whom it is
issued; and
(b) must specify the person to whom it is issued (whether by name or a
description sufficient to identify the person); and
(c) may require information, as specified in the order, to be furnished to
the Minister in such manner and within such period as is specified in the order;
and
(d) must state the purpose for which the information is required;
and
(e) must state that the person may, within 14 days, appeal to the
ERD Court against the order.
(4) The Minister may, by notice given in the prescribed manner to a person
to whom an information discovery order has been issued, vary or revoke the
order.
(5) A person to whom an information discovery order is issued must comply
with the order.
Maximum penalty: $50 000.
74—Obtaining
of information on non-compliance with order or condition of accreditation or
authorisation
(a) fails to furnish information as required by—
(i) an information discovery order; or
(ii) a condition of an accreditation or authorisation; or
(b) being required by such an order or condition to furnish information,
furnishes information that is inaccurate or incomplete,
the Minister may take such action as is reasonably required to obtain the
information.
(2) Any action to
be taken by the Minister under
subsection (1)
may be taken by an authorised officer acting on behalf of the Minister or
by other persons authorised by the Minister for the purpose.
(3) If a person other than an authorised officer is authorised to take
action under
subsection (1)
, the following provisions apply:
(a) the Minister must issue the person with an instrument of
authorisation;
(b) the person may exercise such powers of an authorised officer as are
reasonably required for the purpose of taking action under that
subsection;
(c) the provisions of this Act apply in relation to the exercise of such
powers by the person in the same way as in relation to an authorised
officer;
(d) the person must produce the instrument of authorisation for the
inspection of any person in relation to whom the person intends to exercise
powers of an authorised officer.
(4) The reasonable costs and expenses incurred by the Minister in taking
action under this section may be recovered by the Minister as a debt from the
person whose failure gave rise to the action.
75—Recovery
of economic benefit
(1) If in any
proceedings under this Act, a court finds that a person has contravened this
Act, the court may, in addition to any penalty that it may impose, order the
person to pay to the Minister an amount not exceeding the court's estimation of
the amount of economic benefit acquired by the person, or accrued or accruing to
the person, as a result of the contravention.
(2) For the purposes of
subsection (1)
, an economic benefit obtained by delaying or avoiding costs will be taken
to be an economic benefit acquired as a result of a contravention if the
contravention can be attributed (in whole or in part) to that delay or
avoidance.
(3) A court may, by an order under this section, fix a period for
compliance and impose any other requirements the court considers necessary or
expedient for enforcement of the order.
(1) Subject to this section, the Minister may, by notice in the Gazette,
exempt—
(a) a specified person or persons of a specified class; or
(b) a specified radiation source or a radiation source of a specified
class; or
(c) specified premises or premises of a specified class,
from compliance with specified provisions of this Act.
(2) An application for an exemption under this section must be made in a
manner and form determined by the Minister and the prescribed fee must be paid
when the application is made.
(3) An exemption granted under this section has effect for a period, and
is subject to conditions, specified by the Minister in the notice.
(4) The Minister must not grant an exemption from compliance with a
provision of this Act unless satisfied that, if the exemption were granted
subject to appropriate conditions, the activity subject to the exemption would
not endanger the health or safety of any person or endanger the
environment.
(5) The Minister may, by notice in the Gazette, vary or revoke a condition
of an exemption or impose a further condition.
(6) The Minister may, after due inquiry and for good cause, by notice in
the Gazette, revoke an exemption under this section.
(7) A person who
has the benefit of an exemption under this section and who contravenes a
condition of the exemption is guilty of an offence.
Maximum penalty:
(a) if contravention of the provision in relation to which an exemption
was granted is a minor indictable offence—
(i) in the case of a body corporate—$250 000;
(ii) in the case of a natural person—$50 000 or imprisonment
for 5 years or both;
(b) in any other case—
(i) in the case of a body corporate—$100 000;
(ii) in the case of a natural person—$20 000.
77—Register
of accreditations, authorisations, exemptions and permits
(1) The Minister
must keep a register of accreditations, authorisations, exemptions and
permits.
(2) The register—
(a) will be kept in a manner and form determined by the Minister;
and
(b) include such information as is required by the regulations.
(3) Subject to
subsection (5)
, the register must be kept available for inspection by any person during
ordinary office hours and the register may be made available to the public by
electronic means.
(4) Subject to
subsection (5)
, a person may, on payment of the prescribed fee, obtain a copy of any part
of the register.
(5) The Minister
may restrict access to information included in the register if the Minister
considers that it is necessary to do so—
(a) to prevent a threat to the security of radioactive material;
or
(b) to protect the health or safety of the public; or
(c) for any prescribed reason.
78—Adoption
of documents forming part of National Directory
(1) The Minister may, by notice in the Gazette—
(a) adopt a
document (such as a standard, guidance note or code of practice) forming part of
the National Directory; or
(b) vary or revoke an adoption under
paragraph (a)
.
(2) The Minister must cause a document adopted under this section to be
kept available for inspection by any person without fee during ordinary office
hours at an office specified in the notice adopting the document.
(3) In this section—
National Directory means the National Directory for
Radiation Protection published by the Australian Radiation Protection and
Nuclear Safety Agency of the Commonwealth, as published or in force from time to
time, and includes any code, standard, guideline, rule, specification or other
document adopted by or incorporated in the National Directory for Radiation
Protection, whether as published or in force on a particular date, or as
published or in force from time to time.
(1) A person engaged or
formerly engaged in the administration of this Act or the repealed Act must not
divulge or communicate information obtained (whether by that person or
otherwise) in the course of official duties except—
(a) as required or authorised by or under this Act or any other Act or
law; or
(b) with the consent of the person to whom the information relates or from
whom the information was obtained; or
(c) in connection with the administration or enforcement of this Act;
or
(d) for the purposes of legal proceedings arising out of the
administration or enforcement of this Act; or
(e) to an authority responsible under the law of a place outside this
State, where the information is required for the proper administration or
enforcement of that law; or
(f) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the proper
performance of its functions; or
(g) to a prescribed body.
Maximum penalty: $20 000.
(2)
Subsection (1)
does not prevent disclosure of statistical or other data that could not
reasonably be expected to lead to the identification of any person to whom it
relates.
(3) Information that has been disclosed under
subsection (1)
for a particular purpose must not be used for any other purpose
by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $20 000.
Offences constituted by this Act (other than major indictable offences) lie
within the criminal jurisdiction of the ERD Court.
The following provisions apply in respect of the constitution of the
ERD Court when exercising jurisdiction under this Act:
(a) the Court may be constituted in a manner provided by the
Environment,
Resources and Development Court Act 1993
or may, if the Presiding Member of the Court so determines, be constituted
of a Judge and 1 commissioner;
(b) the provisions of the
Environment,
Resources and Development Court Act 1993
apply in relation to the Court constituted of a Judge and
1 commissioner in the same way as in relation to a full bench of the
Court;
(c) the Court may not be constituted of or include a commissioner
unless—
(i) in a case where only 1 commissioner is to sit (whether alone or
with another member or members of the Court)—the commissioner;
or
(ii) in any other case—at least 1 commissioner,
is a commissioner who has been specifically designated by the Governor as a
person who has expertise in fields that are relevant to the jurisdiction
conferred on the Court by this Act.
82—Commencement
of proceedings
(1) Proceedings for an offence against this Act must be
commenced—
(a) in the case of an expiable offence—within the time limits
prescribed for expiable offences by the
Criminal
Procedure Act 1921
;
(b) in any other case—any time within 3 years after the date of
the alleged commission of the offence or, with the authorisation of the
Attorney-General, at any later time within 10 years after the date of the
alleged commission of the offence.
(2) Any other proceedings under this Act based on a contravention of this
Act may be commenced at any time within 3 years after the date of the
alleged contravention or, with the authorisation of the Attorney-General, at any
later time within 10 years after the date of the alleged
contravention.
(3) An apparently genuine document purporting to be signed by the
Attorney-General authorising the commencement of proceedings under this Act must
be accepted in legal proceedings, in the absence of proof to the contrary, as
proof of the authorisation.
83—Offences
by officers of bodies corporate
(1) If a body
corporate contravenes a provision of this Act, a person who is an officer of the
body corporate is—
(a) subject to the general defence in
section 86
—guilty of a contravention of this Act; and
(b) liable to the same penalty as may be imposed for the principal
contravention when committed by a natural person.
(2) An officer of a body corporate may be prosecuted and convicted of an
offence against
subsection (1)
whether or not the body corporate has been prosecuted or convicted of the
principal offence committed by the body corporate.
For the purposes of this Act, an act or omission of an employee or agent
will be taken to be the act or omission of the employer or principal unless it
is proved that the act or omission did not occur in the course of the employment
or agency.
(1) If an offence against a provision of this Act is committed by a person
by reason of a continuing act or omission—
(a) the person is liable, in addition to the penalty otherwise applicable
to the offence, to a penalty for each day during which the act or omission
continues of not more than an amount equal to one-fifth of the maximum penalty
prescribed for that offence; and
(b) if the act or omission continues after the person is convicted of the
offence, the person is guilty of a further offence against that provision and
liable, in addition to the penalty otherwise applicable to the further offence,
to a penalty for each day during which the act or omission continues after that
conviction of not more than an amount equal to one-fifth of the maximum penalty
prescribed for that offence.
(2) For the purposes of this section, an obligation to do something is to
be regarded as continuing until the act is done regardless of whether any period
within which, or time before which, the act is required to be done has expired
or passed.
(1) It will be a
defence in criminal proceedings in respect of an alleged contravention of this
Act, including—
(a) proceedings against a body corporate or a natural person where conduct
or a state of mind is imputed to the body or person under this Part;
and
(b) proceedings against an officer of a body corporate under this
Part,
if it is proved that the alleged contravention did not result from any
failure on the defendant's part to take all reasonable and practicable measures
to prevent the contravention or contraventions of the same or a similar
nature.
(2) Without limiting the effect of
subsection (1)
, the defence provided by that subsection includes the defence that the act
or omission alleged to constitute the contravention was justified by the need to
protect life, the environment or property in a situation of emergency and that
the defendant was not guilty of any failure to take all reasonable and
practicable measures to prevent or deal with such an emergency.
(3) If a body corporate or other employer seeks to establish the defence
provided by this section by proving the establishment of proper workplace
systems and procedures designed to prevent a contravention of this Act, that
proof must be accompanied by proof—
(a) that proper systems and procedures were also in place by which any
such contravention or risk of such contravention of this Act that came to the
knowledge of a person at any level in the workforce was required to be reported
promptly to the governing body of the body corporate or to the employer, or to a
person or group with the right to report to the governing body or to the
employer; and
(b) that the governing body of the body corporate or the employer actively
and effectively promoted and enforced compliance with this Act and with all such
systems and procedures within all relevant areas of the workforce.
(4) A person who would, but for the defence provided by this section, have
contravened a provision of this Act is, despite that defence, to be taken to
have contravened that provision for the purposes of any proceedings under
section 65
in respect of the contravention.
(1) A person who, in
criminal proceedings, intends to rely on the general defence under this Part or
any other defence under this Act may only do so if the person gives notice in
the prescribed manner of that intention to the Minister.
(2) A notice under
subsection (1)
must be given—
(a) if the proceedings are for a summary offence—within 28 days
after the summons to answer the charge is served on the person; or
(b) if the proceedings are for a minor indictable offence where the charge
is to be dealt with in the same way as a charge of a summary offence—not
less than 28 days before the date for hearing of the charge; or
(c) in any other case—within 7 days after the person is committed
for trial.
88—Imputation
of conduct or state of mind of officer, employee etc
(1) For the
purposes of proceedings for an offence against this Act—
(a) the conduct and state of mind of an officer, employee or agent of a
body corporate acting within the scope of their actual, usual or ostensible
authority will be imputed to the body corporate;
(b) the conduct and state of mind of an employee or agent of a natural
person acting within the scope of their actual, usual or ostensible authority
will be imputed to that person.
(2) If—
(a) a natural person is convicted of an offence against this Act;
and
(b) the person would not have been convicted of the offence but for the
operation of
subsection (1)
,
the person is not liable to be punished by imprisonment for the
offence.
(3) In this section, a reference to conduct or
acting includes a reference to failure to act.
If a person is required under this Act to provide information to the
Minister or a prescribed authority, the Minister or the prescribed authority (as
the case may be) may require that the information be verified by statutory
declaration and, in that event, the person will not be taken to have provided
the information as required unless it has been verified in accordance with the
requirements of the Minister or prescribed authority.
90—False
or misleading statement
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of any
particular) in any information provided, or record kept, under this
Act.
Maximum penalty: $50 000.
(1) A person is guilty
of an offence if—
(a) the person makes a report to the Minister or a person engaged in the
administration of this Act that is false or misleading; and
(b) the person knows the report to be false or misleading; and
(c) the report is of a kind that would reasonably call for investigation
or action by the Minister or a person engaged in the administration of this
Act.
Maximum penalty: $50 000.
(2) If a person is convicted of an offence against
subsection (1)
, the court must, on application by the Minister, order the convicted
person to pay to the Minister the reasonable costs and expenses incurred by or
on behalf of the Minister in carrying out an investigation or taking action as a
result of the false or misleading report.
(1) It is not a reasonable excuse for a person to fail to answer a
question or to produce, or provide a copy of, a document or information as
required under this Act on the ground that to do so might tend to incriminate
the person or make the person liable to a penalty.
(2) If compliance by a natural person with a requirement under this Act
might tend to incriminate the person or make the person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of a
copy of, the document or the information (as distinct from the contents of the
document or the information); or
(b) in any other case—the answer given in compliance with the
requirement,
is not admissible in evidence against the person in proceedings for an
offence or for the imposition of a penalty (other than proceedings in respect of
the making of a false or misleading statement).
(1) In proceedings for an offence against this Act, an allegation in a
complaint—
(a) that a person named holds or held at a specified time a specified
office or position; or
(b) that a person named was at a specified time an authorised officer;
or
(c) that a person named was or was not at a specified time the holder of a
specified accreditation, authorisation or permit; or
(d) that a specified substance was or was not at a specified time a
radioactive material of a specified class; or
(e) that specified apparatus was or was not at a specified time radiation
apparatus of a specified class,
is, in the absence of proof to the contrary, taken to be proved.
(2) In any proceedings, a certificate executed by the Minister certifying
as to a matter relating to—
(a) an accreditation, authorisation or permit; or
(b) the appointment or non-appointment of a person as an authorised
officer; or
(c) a delegation or authority under this Act; or
(d) a notice, order or authorisation of the Minister under this Act;
or
(e) any other decision of the Minister; or
(f) the receipt or non-receipt by the Minister of a notification or
information required to be given or furnished to the Minister under this
Act,
constitutes proof of the matters so certified in the absence of proof to
the contrary.
(3) In any proceedings, an apparently genuine document purporting to be an
authorisation, notice, order, certificate or other document, or a copy of an
authorisation, notice, order, certificate or other document, issued or executed
by the Minister or an authorised officer will be accepted as such in the absence
of proof to the contrary.
(4) In proceedings for an offence against this Act, a condition of an
accreditation or authorisation or the terms of a direction or other notice under
this Act may be proved by production of an apparently genuine document
purporting to be a copy of the condition, direction, or other notice certified
by the Minister or an officer authorised under this Act to impose the condition
or give the direction or notice.
(5) In any proceedings for an offence against this Act, a certificate of
an authorised officer certifying that, at a specified time—
(a) a specified vehicle was stopped or parked in a specified place;
or
(b) a specified person was the owner of a specified vehicle,
constitutes proof of the matters so specified in the absence of proof to
the contrary.
(6) In any proceedings for the recovery of reasonable costs and expenses
incurred by the Minister under this Act, a certificate executed by the Minister
detailing the costs and expenses and the purpose for which they were incurred
constitutes proof of the matters so certified in the absence of proof to the
contrary.
(7) If in any proceedings under
Part 7
or in proceedings for an offence against this Act it appears that an
alleged fact has been determined by the use of an electronic, sonic, optical,
mechanical or other device by an authorised officer or a person assisting an
authorised officer, the alleged fact must be accepted as proved in the absence
of proof to the contrary.
(8) In any proceedings, a certificate of compliance executed by the holder
of an accreditation that authorises the issue of such a certificate certifying
as to a matter relating to the compliance of a radiation source with this Act
will be accepted as proof of the matter so certified in the absence of proof to
the contrary.
(1) A notice or
document required or authorised to be given or sent to, or served on, a person
for the purposes of this Act may—
(a) be given to the person personally; or
(b) be posted in an envelope addressed to the person at the person's last
known residential, business or (in the case of a corporation) registered
address; or
(c) be left for the person at the person's last known residential,
business or (in the case of a corporation) registered address with someone
apparently over the age of 16 years; or
(d) be transmitted by fax or email to a fax number or email address
provided by the person (in which case the notice or document will be taken to
have been given or served at the time of transmission).
(2) Without limiting the effect of
subsection (1)
, a notice or other document required or authorised to be given or sent to,
or served on, a person for the purposes of this Act may, if the person is a
company or registered body within the meaning of the Corporations
Act 2001 of the Commonwealth, be served on the person in accordance
with that Act.
95—Recovery
of fees and other amounts due to Minister
A fee or other amount payable under this Act is recoverable by action in a
court of competent jurisdiction as a debt due to the Minister.
96—Recovery
of administrative and technical costs associated with
contraventions
(1) If a person has contravened this Act and the Minister—
(a) has taken action to—
(i) investigate the contravention; or
(ii) issue an order under
Part 7 Division 1
Subdivision 1
in respect of the contravention; or
(iii) ensure that the person has complied with requirements imposed in
relation to the contravention by an order under
Part 7
Division 1 Subdivision 1
or by an order of a court under this Act; or
(b) has, in taking such action, incurred costs and expenses in taking
samples or in conducting tests, examinations or analyses,
the Minister may, by notice given in the prescribed manner to the person,
require the person to pay to the Minister—
(c) in respect of action to investigate the contravention or to issue an
order under
Part 7 Division 1
Subdivision 1
in respect of the contravention—a fee fixed by, or calculated in
accordance with, the regulations; or
(d) in respect of action to ensure that the person has complied with
requirements imposed in relation to the contravention by an order under
Part 7 Division 1
Subdivision 1
or by an order of a court under this Act—the reasonable costs and
expenses incurred by the Minister in taking that action; or
(e) in respect of costs and expenses incurred in taking samples or in
conducting tests, examinations or analyses—the reasonable costs and
expenses so incurred by the Minister.
(2) Subject to
subsection (3)
, an amount payable to the Minister in accordance with a notice under this
section must be paid within the period specified in the notice.
(3) On application
by a person who has been served a notice under this section, the Minister may,
by notice given in the prescribed manner to the person—
(a) extend the time for payment of an amount payable in accordance with
the notice; or
(b) waive payment of such an amount or reduce the amount
payable.
(4) A person who fails to pay an amount payable to the Minister in
accordance with this section is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(5) If a notice is issued under this section in respect of a contravention
and—
(a) the contravention is the subject of an appeal; or
(b) the notice requires payment of an amount in respect of the issue of an
order under
Part 7 Division 1
Subdivision 1
and the order is the subject of an appeal,
the notice is suspended until the appeal has been determined (but if the
court, on appeal, finds that the contravention was committed or that the order
was properly issued, as the case may be, the notice will have effect as if the
period for payment specified in the notice commenced on the day on which the
appeal was determined).
(6) A notice served
on the holder of an authorisation under this section in respect of a
contravention of a condition of the authorisation—
(a) must not require the payment of a fee in respect of action taken, or
costs and expenses incurred, in investigating the contravention unless the
contravention has been established, or is taken to have been established,
against the holder of the authorisation; but
(b) may require—
(i) the payment of a fee in respect of the issue of an order under
Part 7 Division 1
Subdivision 1
in respect of the contravention; or
(ii) the payment of reasonable costs and expenses
incurred—
(A) in taking action to ensure compliance with requirements imposed in
relation to the contravention by an order under
Part 7
Division 1 Subdivision 1
or by an order of a court under this Act; or
(B) in taking samples or in conducting tests, examinations or analyses in
the course of taking such action,
whether or not the contravention has been established, or is taken to have
been established, against the holder of the authorisation.
(7) For the purposes of
subsection (6)
, a contravention of a condition of an authorisation has been established,
or is taken to have been established, against the holder of the authorisation
if—
(a) a court, in criminal proceedings or in proceedings under
section 66
, has found that the holder of the authorisation committed the
contravention; or
(b) the holder of the authorisation, by negotiation with the Minister
under
section 66
, has agreed to pay a civil penalty in respect of the
contravention.
97—Assessment
of reasonable costs and expenses
For the purposes of this Act, the reasonable costs and expenses that have
been or would be incurred by the Minister in taking any action are to be
assessed by reference to the reasonable costs and expenses that would have been
or would be incurred in having the action taken by an independent contractor
engaged for that purpose.
98—Regulations
and fees notices
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without limiting the generality of
subsection (1)
, the regulations may—
(a) control activities
or operations related to radioactive materials, radiation sources and radiation
apparatus (including, but not limited to, mining or mineral processing
operations or any form of dealing with radioactive materials, radiation sources
or radiation apparatus); and
(b) specify standards to be observed, practices and procedures to be
followed and measures to be taken in relation to activities or operations
referred to in
paragraph (a)
; and
(c) regulate, restrict or prohibit any act or thing that is involved in or
related to an activity or operation referred to in
paragraph (a)
; and
(d) prescribe measures for the protection of people and the environment
from the harmful effects of radiation; and
(e) make provision for or in relation to the granting, issuing or giving
of an accreditation, authorisation, permit or approval and the conditions to
which it is subject; and
(f) make provision for or in relation to the giving of directions for the
purposes of the regulations; and
(g) make provision for or in relation to the protection of the health and
safety, and the training, examination and certification, of persons who engage
or seek to engage in activities or operations referred to in
paragraph (a)
; and
(h) make provision for or in relation to the medical examination of
persons exposed to radiation in the course of activities or operations referred
to in
paragraph (a)
; and
(i) make provision for or in relation to the keeping of records,
furnishing of information, and notification of accidents or other matters or
events by persons carrying on activities or operations referred to in
paragraph (a)
; and
(j) make provision for the monitoring of levels of radiation exposure of
persons engaged in activities or operations referred to in
paragraph (a)
and the monitoring of the health of such persons during and after such
employment; and
(k) make provision for or in relation to identity checks and security
background checks; and
(l) authorise the release of information obtained in the administration of
this Act to any prescribed body; and
(m) provide that contravention of a provision of the regulations
constitutes a summary offence or a minor indictable offence and fix maximum
penalties for such offences not exceeding—
(i) in the case of a minor indictable offence—
(A) in the case of a body corporate—$100 000;
(B) in the case of a natural person—$20 000 or imprisonment for
5 years or both;
(ii) in the case of a summary offence—
(A) in the case of a body corporate—$50 000;
(B) in the case of a natural person—$10 000; and
(n) prescribe expiation fees not exceeding—
(i) in the case of a body corporate—$5 000;
(ii) in the case of a natural person—$1 000,
for alleged offences against the regulations;
(o) regulate the payment, refund, waiver or reduction of fees prescribed
by the Minister under
subsection (6)
.
(3) Regulations under
this Act—
(a) make provisions of
a savings or transitional nature consequent on the enactment of this Act or the
commencement of specified provisions of this Act or specified regulations under
this Act;
(b) include defences to offences against the regulations and evidentiary
provisions to facilitate proof of contraventions of the regulations for the
purposes of proceedings for offences.
(4) A provision referred to in
subsection (3)(a)
may, if the regulations so provide, take effect from the date of assent to
this Act or a later day.
(5) To the extent to which a provision referred to in
subsection (3)(a)
takes effect from a date that is earlier than the date of its publication
in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the
Crown), the rights of that person existing before the date of its publication;
or
(b) to impose liabilities on any person (other than the Crown) in respect
of anything done or omitted to be done before the date of its
publication.
(6) The Minister may
prescribe fees for the purposes of this Act by fee notice under the
Legislation
(Fees) Act 2019
.
(7) The regulations may
refer to or adopt, wholly or partially and with or without
modification—
(a) a code, standard or other document relating to matters in respect of
which regulations may be made under this Act; or
(b) an amendment to such a code, standard or other document.
(8) Any regulations that refer to or adopt a code, standard or other
document, or an amendment to a code, standard or other document, may contain
such incidental, supplementary and transitional provisions as appear to the
Governor to be necessary.
(9) The regulations or
a code, standard or other document referred to or adopted by the regulations
may—
(a) refer to or incorporate, wholly or partially and with or without
modification, a standard, specification, guideline or other document prepared or
published by a prescribed body, either as in force at the time the regulations
are made or as in force from time to time; and
(b) be of general or limited application; and
(c) make different provision according to the persons, things or
circumstances to which they are expressed to apply; and
(d) provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister or a
prescribed authority.
(10) If—
(a) a code, standard or other document is referred to or adopted by the
regulations; or
(b) the regulations, or a code, standard or other document referred to or
adopted by the regulations, refers to or incorporates a standard, specification,
guideline or other document prepared or published by a prescribed
body,
then—
(c) a copy of the code, standard, specification, guideline or other
document must be kept available for inspection by members of the public, without
charge and during normal office hours, at an office or offices specified in the
regulations; and
(d) in any legal proceedings, evidence of the contents of the code,
standard, specification, guideline or other document may be given by production
of a document purporting to be certified by or on behalf of the Minister as a
true copy of the code, standard, specification, guideline or other
document.
(1) The Minister must cause a review of the operation of this Act to be
conducted and a report on the results of the review to be submitted to the
Minister.
(2) The first review must be conducted within the period of 12 months
after the tenth anniversary of the commencement of this Act and subsequent
reviews must be conducted every 10 years.
(3) The Minister must, within 12 sitting days after receiving a
report of a review under this section, cause copies of the report to be laid
before both Houses of Parliament.
Schedule 1—Application
of this Act to Roxby Downs Joint Venturers
1 This
Act applies in relation to operations of the Joint Venturers carried out or to
be carried out under the Indenture subject to the modifications set out in this
Schedule.
2 An
application for a mining licence by the Joint Venturers must be made to the
Minister.
3 The
Minister must, in connection with such an application, consult with the Mines
Minister and the Joint Venturers.
4 The
Minister must also refer the application to the Committee and give due
consideration to the advice of the Committee.
5 (1) The
following matters may be referred to arbitration by the Minister or the Joint
Venturers:
(a) a question, difference or dispute concerning the conditions proposed
to be included at the time of grant in the mining licence to be granted to the
Joint Venturers;
(b) a question, difference or dispute concerning a decision of the
Minister to impose a condition on, or vary or revoke a condition of, the mining
licence granted to the Joint Venturers.
(2) A reference to arbitration under
subclause (1)
is taken to be a reference to arbitration under clause 49 of the
Indenture, and that clause applies, with such modifications as are necessary, to
such a reference.
(3) The Minister must comply with the decision of the arbitrator on a
reference under
subclause (1)
.
(4) No other matter arising under this Act in relation to operations of
the Joint Venturers carried out or to be carried out under the Indenture may be
referred to arbitration under the Indenture, but nothing in this Act affects any
right to arbitration under the Indenture or the
Roxby
Downs (Indenture Ratification) Act 1982
.
6 (1) The
Minister must, within 1 month after the Joint Venturers apply for a mining
licence, give notice in writing to the Joint Venturers of the terms of the
licence proposed to be granted and of the conditions proposed to be included in
the licence at the time of grant.
(2) The Minister must grant a mining licence to the Joint
Venturers—
(a) within 2 months after the application was made; or
(b) if a question, difference or dispute concerning the conditions
proposed to be included in the licence at the time of grant is referred within
that period to arbitration but the arbitrator does not make a decision within
that period, as soon as practicable after the arbitrator makes the
decision.
7 (1) After
consultation with the Mines Minister and the Joint Venturers, the Minister may,
by notice in writing to the Joint Venturers, impose a condition on, or vary or
revoke a condition of, the mining licence granted to the Joint
Venturers.
(2) At least 1 month before the Minister gives a notice under
subclause (1)
, the Minister must give notice in writing to the Joint Venturers of the
terms of any condition proposed to be imposed on the mining licence granted to
the Joint Venturers or of any proposed variation or revocation of the conditions
of the licence.
8 A
decision of the Minister to impose a condition on, or vary or revoke a condition
of, the mining licence granted to the Joint Venturers takes effect at the
expiration of 1 month from the date on which notice is given under
clause 7(1)
or at the expiration of such greater period as the Minister may determine,
but if a question, difference or dispute concerning the decision is referred
within that period to arbitration the operation of the decision is suspended
until the arbitrator makes a decision.
9 The
conditions of the mining licence granted to the Joint Venturers must not be more
stringent that the most stringent requirements and standards contained in any of
the codes, standards or recommendations referred to in clause 10 of the
Indenture.
10 The
mining licence granted to the Joint Venturers must not be suspended or cancelled
while the Indenture is in force.
11 The
mining licence held by the Joint Venturers on the commencement of this Schedule
will expire on 8 May 2036.
,
19(4)
,
20(4)
,
36(3)
,
41
,
42
and
43
do not apply.
Indenture has the same meaning as in the
Roxby
Downs (Indenture Ratification) Act 1982
;
Joint Venturers has the same meaning as in the
Roxby
Downs (Indenture Ratification) Act 1982
;
Mines Minister means the Minister to whom the administration
of the
Mining
Act 1971
is committed;
mining licence means a radiation management licence
authorising the carrying out of operations for the mining or processing of ores
or extracted minerals.
Schedule 2—Related
amendments, repeals and transitional provisions
Part 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of
a specified Act amends the Act so specified.
Part 2—Amendment of Environment Protection
Act 1993
Section 91—delete the section and substitute:
91—Self-incrimination
(1) It is not a reasonable excuse for a person to fail to answer a
question or to produce, or provide a copy of, a document or information as
required under this Act on the ground that to do so might tend to incriminate
the person or make the person liable to a penalty.
(2) If compliance by a natural person with a requirement under this Act
might tend to incriminate the person or make the person liable to a penalty,
then—
(a) in the case of a person who is required to produce, or provide a copy
of, a document or information—the fact of production, or provision of a
copy of, the document or the information (as distinct from the contents of the
document or the information); or
(b) in any other case—the answer given in compliance with the
requirement,
is not admissible in evidence against the person in proceedings for an
offence or for the imposition of a penalty (other than proceedings in respect of
the making of a false or misleading statement).
Part 3—Repeal of Radiation Protection and
Control Act 1982
The
Radiation
Protection and Control Act 1982
is repealed.
Part 4—Transitional
provisions
4—Radiation
Protection Committee
On the commencement of this clause, all members of the Radiation Protection
Committee then in office vacate their respective offices so that fresh
appointments may be made to the Committee under this Act.
A person appointed and holding office as an authorised officer under the
repealed Act immediately before the commencement of this clause will, on that
commencement, be taken to be an authorised officer appointed under this Act and
any conditions to which the appointment was subject under the repealed Act will
be taken to continue to apply to the appointment under this Act as if they had
been imposed under this Act.
6—Certain
licences to continue as radiation management licences
(1) A licence issued under section 23A of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a radiation management licence under this Act issued for the
purposes of
section 18
and any conditions to which the licence was subject under the repealed Act
will continue to apply to the licence under this Act as if they had been imposed
under this Act.
(2) A licence issued under section 24 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a radiation management licence under this Act issued for the
purposes of
section 19
and any conditions to which the licence was subject under the repealed Act
will continue to apply to the licence under this Act as if they had been imposed
under this Act.
(3) A licence issued under section 29A of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a radiation management licence under this Act issued for the
purposes of
section 20
and any conditions to which the licence was subject under the repealed Act
will continue to apply to the licence under this Act as if they had been imposed
under this Act.
(4) A licence issued under section 33A of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a licence under this Act issued for the purposes of
section 22
and any conditions to which the licence was subject under the repealed Act
immediately before that commencement will continue to apply to the licence under
this Act as if they had been imposed under this Act.
(5) Despite
section 38
, the Minister may, on the commencement of this clause, fix a common expiry
date for 2 or more radiation management licences held by the same person as at
the commencement of this clause.
7—Certain
licences to continue as radiation use licences
(1) A licence issued under section 28 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a radiation use licence under this Act issued for the purposes of
section 23
and any conditions to which the licence was subject under the repealed Act
will continue to apply to the licence under this Act as if they had been imposed
under this Act.
(2) A licence issued under section 31 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a radiation use licence under this Act issued for the purposes of
section 24
and any conditions to which the licence was subject under the repealed Act
immediately before that commencement will continue to apply to the licence under
this Act as if they had been imposed under this Act.
(3) Despite
section 38
, the Minister may, on the commencement of this clause, fix a common expiry
date for two or more radiation use licences held by the same person as at the
commencement of this clause.
(1) A registration issued under section 29 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a registration under
section 25
of this Act and any conditions to which the registration was subject under
the repealed Act immediately before that commencement will continue to apply to
the registration under this Act as if they had been imposed under this
Act.
(2) A registration issued under section 30 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a registration under
section 26
of this Act and any conditions to which the registration was subject under
the repealed Act immediately before that commencement will continue to apply to
the registration under this Act as if they had been imposed under this
Act.
(3) A registration issued under section 32 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a registration under
section 27
of this Act and any conditions to which the registration was subject under
the repealed Act immediately before that commencement will continue to apply to
the registration under this Act as if they had been imposed under this
Act.
(4) Despite
section 38
, the Minister may, on the commencement of this clause, fix a common expiry
date for two or more registrations held by the same person as at the
commencement of this clause.
An accreditation issued under Part 3 Division 3B of the repealed Act in
force immediately before the commencement of this clause will, on that
commencement, be taken to be an accreditation under
Part 4
Division 5
of this Act and any conditions to which the accreditation was subject
under the repealed Act immediately before that commencement will continue to
apply to the accreditation under this Act as if they had been imposed under this
Act.
10—Directions
relating to dangerous situations to continue
A direction given to a person under section 42 of the repealed Act in force
immediately before the commencement of this clause will, on that commencement,
be taken to be a direction given under
section 46
of this Act.
(1) An exemption under
section 44 of the repealed Act in force immediately before the commencement of
this clause will, on that commencement, be taken to be an exemption under
section 76
of this Act and any conditions to which the exemption was subject under
the repealed Act immediately before that commencement will be taken to apply to
the exemption under this Act as if they had been imposed under this
Act.
(2) An exemption referred to in
subclause (1)
will expire 12 months after the commencement of this
clause.