South Australian Current Regulations South Australian Current Regulations22—Applications, transfers, suspension and cancellation
(1) For the purposes
of sections 34(6)(c), 40(3)(c) and 42(1)(e) of the Act, the following
kind of offences are prescribed:
(a) an
offence involving a radiation source;
(b) an
offence involving a firearm or offensive weapon;
(c) an
offence involving the misuse of a hazardous material;
(d) any
other offence against a law of South Australia, the Commonwealth, another
State or a foreign country, being a law relating to the health and safety of
people or the environment, if—
(i)
the offence was committed within the period of
10 years immediately before the relevant time; and
(ii)
the offence was punishable by a fine of $5 000 or
more, or by a term of imprisonment of 1 year or more.
(2) For the purposes
of sections 34(6)(d), 34(6)(e), 40(3)(d) and 40(3)(e) of the Act, the
following Acts are prescribed:
(a)
Environment Protection Act 1993 ;
(b)
Firearms Act 2015 ;
(c)
Gene Technology Act 2001 ;
(d)
Health Care Act 2008 ;
(e)
Health Practitioner Regulation National Law (South Australia) Act 2010 ;
(f)
Landscape South Australia Act 2019 ;
(g)
Mining Act 1971 ;
(h)
Petroleum and Geothermal Energy Act 2000 ;
(i)
Petroleum (Submerged Lands) Act 1982 ;
(j)
Veterinary Practice Act 2003 ;
(k)
Work Health and Safety Act 2012 ;
(l) an
Act of another jurisdiction substantially corresponding to an Act referred to
in a preceding paragraph.
(3) For the purposes
of sections 34(6)(g) and 40(3)(g) of the Act, the following are
prescribed grounds:
(a)
there would be a material risk to public health and safety if the
accreditation or authorisation were to be granted or transferred (as the case
requires);
(b) the
proposed use of radiation is inappropriate or unjustified.
(4) For the purposes
of section 40(4) of the Act, a radiation use licence is a prescribed kind
of authorisation.
(5) In this
regulation—
"firearm" has the same meaning as in the Firearms Act 2015 ;
"hazardous material" means any substance or material which by its nature
poses, directly or indirectly, a risk of serious adverse effect to the health
or safety of human beings or the environment, including (without limitation)
the following kinds of substances or materials:
(a)
explosive or highly flammable or volatile substances;
(b)
toxic or poisonous substances (including those that may involve delayed or
chronic effects to humans or delayed adverse impacts to the environment by
means of bioaccumulation);
(c)
highly corrosive or unstable substances;
(d)
substances which, when mixed with air or water, are liable to give off toxic
gases in dangerous quantities;
(e)
substances containing viable micro-organisms or their toxins which are known
or suspected to cause disease in animals or humans;
(f)
substances capable of yielding another substance or material of a kind
referred to in a preceding paragraph (such as after disposal);
"offensive weapon" means—
(a) an
article or substance made or adapted for use for causing, or threatening to
cause, personal injury or incapacity including an explosive or an imitation
explosive (that is, an article or substance intended to be taken for an
explosive); or
(b) an
article or substance that a person has—
(i)
for the purpose of causing personal injury or incapacity;
or
(ii)
in circumstances in which another is likely to feel
reasonable apprehension that the person has it for the purpose of causing
personal injury or incapacity;
"relevant time" means—
(a) in
relation to an application for an accreditation or authorisation, or transfer
of an authorisation—the date of the application; or
(b) in
relation to the suspension or cancellation of an accreditation or
authorisation—the date of the suspension or cancellation.