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STATUTES AMENDMENT (ENVIRONMENT AND CONSERVATION PORTFOLIO) ACT 2005 (NO 20 OF 2005) - SCHEDULE 6

Schedule 6—Statute law revision amendment of Radiation Protection and Control Act 1982


Provision amended

How amended

Section 6(2)

Delete "shall be" and substitute:

are

Section 6(2)

Delete "shall" second occurring and substitute:

do

Section 6(3)

Delete "shall" and substitute:

do

Section 9(1)

Delete subsection (1) and substitute:

        (1)         The Radiation Protection Committee is established.

Section 9(2)

Delete "shall consist" and substitute:

consists

Section 9(2)(b)

Delete "shall" and substitute:

must

Section 9(2)(c)

Delete "shall" and substitute:

must

Section 9(2)(d)

Delete "shall" and substitute:

must

Section 9(2)(e)

Delete "shall" and substitute:

must

Section 9(2)(f)

Delete "shall" and substitute:

must

Section 9(2)(g)

Delete "shall" and substitute:

must

Section 9(2)(h)

Delete "shall" and substitute:

must

Section 9(2)(i)

Delete "shall" and substitute:

must

Section 9(2)(j)

Delete "shall" and substitute:

must

Section 10(1)

Delete subsection (1) and substitute:

        (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.

Section 10(2)

Delete "shall be deemed" and substitute:

will be taken

Section 10(2)

Delete "he" and substitute:

the person

Section 10(3)

Delete "his" wherever occurring and substitute in each case:

the member's

Section 10(4)

Delete subsection (4) and substitute:

        (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 removed from office pursuant to subsection (3).

Section 10(5)

Delete subsection (5) and substitute:

        (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.

Section 11(1)

Delete "shall" first occurring

Section 11(1)

Delete "shall" second occurring and substitute:

may

Section 11(2)

Delete subsection (2) and substitute:

        (2)         The presiding member or, in his or her absence, the presiding member's deputy, will preside at a meeting of the Committee or, in the absence of both the presiding member and the presiding member's deputy, the members present will decide who is to preside at the meeting.

Section 11(3)

Delete "shall be" and substitute:

is

Section 11(4)

Delete "shall be" and substitute:

is

Section 11(4)

Delete "shall, in the event of an equality of votes, have" and substitute:

has, in the event of an equality of votes,

Section 11(5)

Delete "shall" and substitute:

must

Section 11(6)

Delete subsection (6) and substitute:

        (6)         Subject to this Act, the Committee may conduct its business in a manner determined by the Committee.

Section 14(1)

Delete "There shall be the following subcommittees of the Committee" and substitute:

The following sub-committees of the Committee are established

Section 14(1)

Delete "shall consist" wherever occurring and substitute in each case:

consists

Section 14(1)

Delete "chairman of the Committee or his nominee" wherever occurring and substitute in each case:

presiding member of the Committee or the presiding member's nominee

Section 14(3)

Delete "shall consist" and substitute:

consists

Section 14(3)(a)

Delete "chairman of the Committee or his nominee" and substitute:

presiding member of the Committee or the presiding member's nominee

Section 14(4)

Delete "shall" and substitute:

must

Section 14(5)

Delete "shall be determined by the chairman" and substitute:

will be determined by the presiding member

Section 15(1)

Delete "any" and substitute:

a

Section 15(1)

After "he" insert:

or she

Section 15(1)

Delete "shall" wherever occurring and substitute in each case:

must

Section 15(1)

Delete "his" and substitute:

the

Section 15(2)

Delete "he is a member shall not" and substitute:

he or she is a member must not

Section 16(3)

Delete "shall" and substitute:

must

Section 16(3)

Delete "in the prescribed form"

Section 16(4)

Delete "shall, upon" and substitute:

must, on

Section 16(4)

Delete "he" and substitute:

the officer

Section 16(4)

Delete "any of his"

Section 16(4)

Delete "his" second occurring and substitute:

the officer's

Section 17(1)(b)

Delete "where" and substitute:

if

Section 17(1)(c)(ii)

Delete "any" and substitute:

a

Section 17(1)(c)(ii)

Delete "him" and substitute:

the person

Section 17(1)(c)(iii)

Delete "any" and substitute:

a

Section 17(1)(c)(iii)

Delete "his" and substitute:

the person's

Section 17(1)(c)(iv)

Delete "any"

Section 17(1)(d)

Delete "where he" and substitute:

if the officer

Section 17(1)(f)

Delete "his" and substitute:

the officer's

Section 17(2)

Delete "shall" and substitute:

must

Section 17(5)

Delete "his"

Section 17(5)

Delete "he" and substitute:

the officer

Section 17(6)

Delete "shall" and substitute:

must

Section 17(6)

Delete "his"

Section 17(6)

After the present contents of subsection (6) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 17(7)

Delete "shall" and substitute:

must

Section 17(7)

Delete "his" and substitute:

the person's

Section 17(7)

After the present contents of subsection (7) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 17(8)

Delete "him" and substitute:

the person

Section 17(9)

Delete "any" and substitute:

a

Section 17(9)

Delete "shall" and substitute:

must

Section 17(9)

After the present contents of subsection (9) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 17(10)

Delete "Where" and substitute:

If

Section 17(10)

Delete "shall"

Section 17(10)(a)

Delete "any" wherever occurring and substitute in each case:

a

Section 17(10)(a)

Delete "shall be" and substitute:

is

Section 17(10)(c)

Delete "where" and substitute:

if

Section 17(10)(c)

Delete "shall" wherever occurring and substitute in each case:

will

Section 17(10)(c)

Delete "General Revenue of the State" and substitute:

Consolidated Account

Section 18

Delete "shall" and substitute:

must

Section 18(a)

Delete "any" first occurring and substitute:

a

Section 18(a)

Delete "any" second occurring and substitute:

an

Section 18(b)

Delete "any such" and substitute:

a

Section 18(b)

Delete "any" second occurring and substitute:

a

Section 19

Delete "any" wherever occurring

Section 19

After its present contents as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 20

Delete "shall" and substitute:

must

Section 20

After "he" insert:

or she

Section 20

After its present contents as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 21(1)

Delete "shall attach" and substitute:

attaches

Section 21(1)

Delete "any act or omission by him, or a body of which he" and substitute:

an act or omission by him or her, or a body of which he or she

Section 21(1)

Delete "his or its"

Section 21(2)

Delete "shall lie" and substitute:

lies

Section 23(1)

Delete "shall" wherever occurring and substitute in each case:

must

Section 23(1)

Delete "his or its"

Section 23(1)

Delete "any" second occurring and substitute:

an

Section 24(1)

Delete "shall" and substitute:

must

Section 24(1)

After the present contents of subsection (1) as amended by this Schedule insert:

Maximum penalty: $50 000 or imprisonment for 5 years, or both.

Section 24(3)

Delete "upon" and substitute:

on

Section 24(4)

Delete "shall" and substitute:

must

Section 24(4c)

Delete "any" and substitute:

an

Section 24(6)

Delete subsection (6)

Section 26

Delete "Notwithstanding any" and substitute:

Despite the

Section 26

Delete "shall be fixed by any" and substitute:

may be fixed by a

Section 26

After "recommendations" insert:

applied,

Section 26

Delete " Environment Protection (Nuclear Codes) Act 1978 " and substitute:

Australian Radiation Protection and Nuclear Safety Act 1998

Section 27(1)

Delete "No person shall carry on any" and substitute:

A person must not carry on an

Section 27(1)

After the present contents of subsection (1) as amended by this Schedule insert:

Maximum penalty: $50 000 or imprisonment for 5 years, or both.

Section 27(2)

Delete subsection (2)

Section 27(3)

Delete "shall" and substitute:

will

Section 27(4)

Delete "shall" and substitute:

must

Section 28(1)

Delete "shall" and substitute:

must

Section 28(1)

After the present contents of subsection (1) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 28(3)

Delete "upon" and substitute:

on

Section 28(4)

Delete "shall" and substitute:

must

Section 28(5)

Delete "Where" and substitute:

If

Section 28(5)(a)

Delete "shall" and substitute:

will

Section 28(5)(b)

Delete "shall" and substitute:

must

Section 29(2)

Delete "Where" and substitute:

If

Section 29(2)

Delete "shall be" and substitute:

is

Section 29(2)

After the present contents of subsection (2) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 29(4)

Delete "upon" and substitute:

on

Section 29(5)

Delete "shall" and substitute:

must

Section 30(2)

Delete "Where" and substitute:

If

Section 30(2)

Delete "shall be" and substitute:

is

Section 30(2)

After the present contents of subsection (2) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 30(4)

Delete "upon" and substitute:

on

Section 30(5)

Delete "shall" and substitute:

must

Section 30(6)

Delete "Where" and substitute:

If

Section 31(1)

Delete "No person (being a natural person) shall" and substitute:

A natural person must not

Section 31(1)

Delete "any" wherever occurring

Section 31(1)

Delete "he" and substitute:

the person

Section 31(1)

After the present contents of subsection (1) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 31(3)

Delete "upon" and substitute:

on

Section 31(4)

Delete "shall" and substitute:

must

Section 31(5)

Delete "Where" and substitute:

If

Section 31(5)(a)

Delete "shall" and substitute:

will

Section 31(5)(b)

Delete "shall" and substitute:

must

Section 32(2)

Delete "Where any" and substitute:

If

Section 32(2)

Delete "shall be" and substitute:

is

Section 32(2)

After the present contents of subsection (2) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 32(4)

Delete "upon" and substitute:

on

Section 32(5)

Delete "shall" and substitute:

must

Section 32(6)

Delete "Where" and substitute:

If

Section 33

Delete "Where" and substitute:

If

Section 33

Delete "any"

Section 33

Delete "shall be" and substitute:

is

Section 33

After its present contents as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 36(4)

Delete "shall" and substitute:

must

Section 36(4)

After the present contents of subsection (4) as amended by this Schedule insert:

Maximum penalty: $50 000 or imprisonment for 5 years, or both.

Section 36(5)

Delete subsection (5)

Section 37(1)

Delete "shall" and substitute:

will

Section 37(2)

Delete "shall, subject to this Act, upon" and substitute:

must, subject to this Act, on

Section 37(3)

Delete "shall" and substitute:

will

Section 38

Delete "shall" wherever occurring and substitute in each case:

must

Section 38(1)

Delete "in such form and containing such information as may be prescribed" and substitute:

in a form, and containing the information, required by the regulations

Section 40

Delete "Where" wherever occurring and substitute in each case:

If

Section 40(2)(d)

Delete "upon" and substitute:

on

Section 40(2a)

Delete "shall" and substitute:

must

Section 40(2b)

Delete "shall" and substitute:

must

Section 40(3)(a)

Delete "shall, from the time of surrender, cease" and substitute:

ceases, from the time of surrender,

Section 40(3)(ab)

Delete "shall, from the time at which the order for cancellation takes effect, cease" and substitute:

ceases, from the time at which the order for cancellation takes effect,

Section 40(3)(b)

Delete "shall be" and substitute:

is

Section 40(4)

Delete "shall remain" and substitute:

remains

Section 40(4d)

Delete "shall" and substitute:

must

Section 40(4d)

After the present contents of subsection (4d) as amended by this Schedule insert:

Maximum penalty: $10 000.

Section 40(5)

Delete "shall" and substitute:

must

Section 41(1)

Delete "Any" and substitute:

A

Section 41(3)

Delete "shall" and substitute:

must

Section 41(4)

After "he" insert:

or she

Section 41(4)

Delete "shall run" and substitute:

runs

Section 41(5)(b)

Delete "any" and substitute:

a

Section 41(5)(c)

Delete paragraph (c) and substitute:

            (c)         make further or other orders as to costs or other matters.

Section 42(1)

Delete "Where" and substitute:

If

Section 42(1)

Delete "any person" wherever occurring and substitute in each case:

a person

Section 42(1)(a)

Delete "any" second occurring

Section 42(2)

Delete "member of the police force" and substitute:

police officer

Section 42(3)

Delete "he" and substitute:

the officer

Section 42(4)

Delete "Any directions" and substitute:

Directions

Section 42(4)(a)

Delete "published"

Section 42(4)(b)

Delete "upon" and substitute:

on

Section 42(4)(c)

Delete "any"

Section 42(5)

Delete "Where" and substitute:

If

Section 42(5)(a)

Delete "any" wherever occurring and substitute in each case:

a

Section 42(5)

Delete "shall be guilty of a minor indictable offence" and substitute:

is guilty of an offence

Section 42(5)

After the present contents of subsection (5) as amended by this Schedule insert:

Maximum penalty: $50 000 or imprisonment for 5 years, or both.

Section 42(6)(a)

Delete "any" wherever occurring

Section 42(6)(b)

Delete "any" and substitute:

a

Section 42(6)

Delete "any penalty" and substitute:

a penalty

Section 42(6)

Delete "any court" and substitute:

a court

Section 43(4)(a)

Delete paragraph (a) and substitute:

            (a)         refer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a particular time or as in force from time to time; and

Section 43

After subsection (4) insert:

        (5)         If a code or standard is referred to or incorporated in the regulations, evidence of the contents of the code or standard may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code or standard.

Section 44

Delete "published" wherever occurring

Section 44(1)

Delete "any person or class of persons from compliance with any" and substitute:

a person or class of persons from compliance with

Section 44(2)

Delete subsection (2) and substitute:

        (2)         An exemption granted under this section has effect for a period, and is subject to conditions, specified by the Minister in the notice.

Section 44(3)

Delete "shall" and substitute:

must

Section 44(6)

Delete "Any" and substitute:

A

Section 44(6)

Delete "shall be" and substitute:

is

Section 44(6)

After the present contents of subsection (6) as amended by this Schedule insert:

Maximum penalty:

            (a)         if contravention of the provision in relation to which an exemption was granted is a minor indictable offence—$50 000 or imprisonment for 5 years, or both;

            (b)         in any other case—$10 000.

Section 44(7)

Delete subsection (7)

Section 45

Delete "shall not, in furnishing any" and substitute:

must not, in furnishing

Section 45

After its present contents as amended by this section insert:

Maximum penalty: $10 000.

Section 46

Delete the section

Section 47

Delete the section and substitute:

47—Offences by body corporate

        (1)         If a body corporate is guilty of an offence against this Act, each person who is a director of the body corporate or a person concerned in the management of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless it is proved that the person could not by the exercise of reasonable diligence have prevented the commission of the offence by the body corporate.

        (2)         A person referred to in subsection (1) may be prosecuted and convicted of an offence against that subsection whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.

Section 48(1)

Delete "any" and substitute:

a

Section 48(1)(a)

Delete "shall be" and substitute:

is

Section 48(1)(b)

Delete "shall, if the act or omission continues after he is convicted, be" and substitute:

is, if the act or omission continues after the person is convicted,

Section 48(2)

Delete "Where" and substitute:

If

Section 48(2)

Delete "shall for the purposes of subsection (1), be deemed" and substitute:

is, for the purposes of subsection (1), taken

Section 49(1)(a), (b) and (c)

Delete "any" wherever occurring and substitute in each case:

a

Section 49(1)(d)

Delete "any"

Section 49(1)

Delete "shall, in the absence of proof to the contrary, be deemed" and substitute:

is, in the absence of proof to the contrary, taken

Section 49(2)

Delete subsection (2) and substitute:

        (2)         In proceedings for an offence against this Act, a condition of an authority 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.

Section 50(1)

Delete "Any notice" and substitute:

A notice

Section 50(1)

Delete "any person shall be deemed" and substitute:

a person is taken

Section 50(1)(b)

Delete "him" wherever occurring and substitute in each case:

the person

Section 50(1)(b)

After "his" insert:

or her

Schedule, clause 5(2)

Delete "deemed" and substitute:

taken



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