South Australian Numbered Regulations

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RADIATION PROTECTION AND CONTROL REGULATIONS 2022 (NO 92 OF 2022) - REG 48

48—Duty to give Minister notice of defective registrable device sold or installed in course of business

        (1)         If, during the course of carrying on a business to which this Subdivision applies, a person sells or installs a registrable device and after the sale or installation becomes aware that—

            (a)         the registrable device the person has sold or installed has a defect; or

            (b)         registrable devices of the same class or kind as the registrable device the person has sold or installed have a defect,

the person must, within 7 days of becoming aware of the defect, give the Minister notice in writing containing—

            (c)         details of the defect; and

            (d)         the class or kind of registrable device affected by the defect; and

            (e)         the likely effects of the defect; and

            (f)         details of the steps the person is taking or intends to take to rectify the defect.

        (2)         A person who fails to comply with subregulation (1)

is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 5 years.

        (3)         If a person gives a notice to the Minister in accordance with subregulation (1)

, the person must, within 7 days of becoming aware of—

            (a)         any change in the information the person has already supplied; or

            (b)         any additional information relating to the information already supplied,

serve on the Minister a further notice in writing setting out full details of the change or the information additional to the information already supplied.

Maximum penalty: $10 000.

Expiation fee: $500.

        (4)         In this regulation—

"defect", in relation to a registrable device, means a fault in the design or the construction of the registrable device that is likely to increase the dose of ionising radiation that may be received by any person from the registrable device.



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