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This is a Bill, not an Act. For current law, see the Acts databases.


RADIATION AMENDMENT BILL 2013

                 PARLIAMENT OF VICTORIA

                Radiation Amendment Bill 2013



                      TABLE OF PROVISIONS
Clause                                                                      Page
  1      Purpose                                                               1
  2      Commencement                                                          2
  3      Principal Act                                                         2
  4      Definitions                                                           3
  5      New section 3A inserted                                               5
         3A       Activity ratios for sealed sources                           5
  6      Functions of the Secretary                                            6
  7      Construction of radiation facilities prohibited in certain cases      6
  8      Exemptions from holding a licence                                     7
  9      New section 16A inserted                                              7
         16A      Exemption from transport security plan requirements          7
  10     New sections 23A to 23C inserted                                      8
         23A      Offence to permit use of high consequence sealed
                  sources by unverified person                                 8
         23B      Offence to permit transport of high consequence
                  sealed sources by unverified person                          8
         23C      Offence to permit access to high consequence sealed
                  sources by unverified person                                 9
  11     New section 23D inserted                                             10
         23D      Offence to conduct a commercial tanning practice            10
  12     Only approved testers who holder testers' approvals that are
         in force may issue certificates of compliance                        11
  13     New Part 5A inserted                                                 11
         PART 5A--APPROVED ASSESSORS OF SECURITY
         PLANS AND TRANSPORT SECURITY PLANS                                   11
         36A      Role of approved assessors of security plans and
                  transport security plans                                    11
         36B      Approved assessor must comply with conditions of
                  assessor's approval                                         12
         36C      Only approved assessors who hold assessor's
                  approvals that are in force may issue security
                  compliance certificates                                     12
         36D      Offence to impersonate approved assessor                    12
         36E      Approved assessor must not knowingly issue a
                  security compliance certificate that is false               13
  14     Who may apply for an authority                                       13
  15     Further information for management licence applications              13


571159B.I-20/8/2013                     i       BILL LA INTRODUCTION 20/8/2013

 


 

Clause Page 16 Further information for facility construction licence applications 14 17 New section 42A inserted 15 42A Further information for an assessor's approval 15 18 Variation of authority by Secretary on application of authority holder 16 19 New Division 5 of Part 6 inserted 17 Division 5--Other matters 17 67A Guidelines on evidence as to identity 17 20 New Part 6A inserted 17 PART 6A--SECURITY PLANS AND TRANSPORT SECURITY PLANS 17 Division 1--Security plans 17 67B Certain management licence applicants must prepare and submit plan for approval 17 67C Contents of security plan 18 67D Management licence holders who possess high consequence sealed sources must have approved security plans 19 67E Approved security plan to be provided to Secretary 19 67F Review of approved security plans 20 Division 2--Transport security plans 21 67G Transport security plan 21 67H Contents of transport security plan 21 67I Review of transport security plan 22 67J Offence to transport high consequence sealed source without transport security plan 22 Division 3--Assessment of security plans and transport security plans 23 67K Review and approval of security plan or transport security plan 23 67L Approved assessor to provide certificate information to Secretary 24 Division 4--Compliance with security plans and transport security plans 24 67M Offence to fail to comply with security plan or transport security plan 24 571159B.I-20/8/2013 ii BILL LA INTRODUCTION 20/8/2013

 


 

Clause Page Division 5--Standards for security plans and transport security plans and security compliance certificate 25 67N Secretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources 25 67O Notification of change to security standard involving changes to security measures 26 21 New Division 7A of Part 7 inserted 27 Division 7A--Improvement notices and prohibition notices 27 90A Secretary may issue improvement notice or prohibition notice 27 90B Person must comply with improvement notice or prohibition notice 28 90C Proceedings for offences affected by notices 29 22 Definitions for the purposes of review of decisions 29 23 Disclosure of information to other agencies 30 24 Regulations 30 25 New section 148 inserted 31 148 Radiation Amendment Act 2013--transitional provision--security plans and transport security plans 31 26 New section 149 inserted 31 149 Radiation Amendment Act 2013--transitional provision--commercial tanning units 31 27 Repeal of amending Act 32 ENDNOTES 33 571159B.I-20/8/2013 iii BILL LA INTRODUCTION 20/8/2013

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Radiation Amendment Bill 2013 A Bill for an Act to amend the Radiation Act 2005 to further provide for security plans for the possession and transportation of high consequence sealed sources and high consequence groups of sealed sources, to prohibit the commercial operation of tanning units and to empower the Secretary to issue improvement notices and prohibition notices for contraventions or likely contraventions of that Act and regulations made under that Act and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Radiation Act 2005-- (a) to provide for security plans for the 5 possession and transportation of high consequence sealed sources and high consequence groups of sealed sources; and 571159B.I-20/8/2013 1 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 2 (b) to prohibit the commercial operation of tanning units; and (c) to empower the Secretary to issue improvement notices or prohibition notices 5 for contraventions, or likely contraventions, of the Act or regulations under the Act; and (d) to make other minor and consequential amendments to the Act. 2 Commencement 10 (1) Subject to subsections (2) and (3), this Act comes into operation on a day or days to be proclaimed. (2) Sections 11 and 26 come into operation on 1 January 2015. (3) If a provision of this Act, other than a provision 15 referred to in subsection (2), does not come into operation before 1 June 2014, it comes into operation on that day. 3 Principal Act See: In this Act the Radiation Act 2005 is called the Act No. 20 62/2005. Principal Act. Reprint No. 1 as at 14 February 2008 and amending Act Nos 46/2008, 66/2008, 68/2009, 13/2010, 24/2010, 29/2010, 29/2011 and 27/2012. LawToday: www. legislation. vic.gov.au 571159B.I-20/8/2013 2 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 4 4 Definitions (1) In section 3(1) of the Principal Act insert the following definitions-- "activity ratio, for a sealed source, means the ratio 5 determined in accordance with section 3A; approved assessor means a person who holds an assessor's approval; approved security plan means a security plan for which an approved assessor has issued a 10 security compliance certificate under section 67K; approved transport security plan means a transport security plan for which an approved assessor has issued a security 15 compliance certificate under section 67K; assessor's approval means an approval issued under Part 5A; category 1 group of sealed sources means 2 or more sealed sources that when kept at the 20 same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of greater than or equal to 1000; category 2 group of sealed sources means 2 or 25 more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 1000 but greater than or equal 30 to 10; category 3 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same 571159B.I-20/8/2013 3 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 4 vehicle, have an aggregate activity ratio of less than 10 but greater than or equal to 1; category 1 sealed source means a sealed source that has an activity ratio of greater than or 5 equal to 1000; category 2 sealed source means a sealed source that has an activity ratio of less than 1000 but greater than or equal to 10; category 3 sealed source means a sealed source 10 that has an activity ratio of less than 10 but greater than or equal to 1; high consequence group of sealed sources means a category 1 group of sealed sources, a category 2 group of sealed sources or a 15 category 3 group of sealed sources; high consequence sealed source means a category 1 sealed source, a category 2 sealed source or a category 3 sealed source; identification document, in relation to a person, 20 means a document that-- (a) shows the identity of a person; and (b) is prescribed; security compliance certificate means a certificate issued under section 67K; 25 security plan means a plan prepared in accordance with Division 1 of Part 6A; security standard means a standard specified under section 67N; tanning unit means an electrically powered 30 radiation apparatus designed to produce tanning of the human skin by utilising ultraviolet radiation; 571159B.I-20/8/2013 4 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 5 transport security plan means a plan prepared in accordance with Division 2 of Part 6A; vehicle has the same meaning as in the Road Safety Act 1986.". 5 (2) In section 3(1) of the Principal Act, in the definition of facility construction licence, for "radiation facility;" substitute "radiation facility or to change the use of land or an existing building to that of a radiation facility;". 10 (3) In section 3(1) of the Principal Act, in the definition of use licence holder, for "licence." substitute "licence;". 5 New section 3A inserted After section 3 of the Principal Act insert-- 15 "3A Activity ratios for sealed sources (1) For the purposes of this Act, the activity ratio for a sealed source is to be determined in accordance with the formula-- A D 20 where-- A is the activity of the sealed source's prescribed radionuclide in gigabecquerel units; and D is the value specified in the regulations 25 for the prescribed radionuclide.". 571159B.I-20/8/2013 5 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 6 6 Functions of the Secretary In section 9 of the Principal Act-- (a) after paragraph (d) insert-- "(da) approve assessors of security plans and 5 transport security plans; and (db) specify security standards for high consequence sealed sources and high consequence groups of sealed sources; and"; 10 (b) after paragraph (h) insert-- "(ha) issue improvement notices or prohibition notices in relation to contraventions, or likely contraventions, of the Act or the 15 regulations; and". 7 Construction of radiation facilities prohibited in certain cases (1) In section 14(1)(b) of the Principal Act, for "constructed." substitute "constructed; or". 20 (2) After section 14(1)(b) of the Principal Act insert-- "(c) change the use of land that they own or occupy to use for a radiation facility unless they hold a facility construction licence, that 25 is in force, that allows them to use that land for a radiation facility; or (d) change the use of a building that they own or occupy to use as a radiation facility unless they hold a facility construction licence, that 30 is in force, that allows them to use that building as a radiation facility.". 571159B.I-20/8/2013 6 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 8 8 Exemptions from holding a licence (1) In section 16(1)(b) of the Principal Act, for "notice." substitute "notice; or". (2) After section 16(1)(b) of the Principal Act 5 insert-- "(c) a facility construction licence in respect of a radiation source specified in the notice.". 9 New section 16A inserted After section 16 of the Principal Act insert-- 10 "16A Exemption from transport security plan requirements (1) The Secretary, by notice published in the Government Gazette, may exempt a management licence holder from preparing 15 and providing to the Secretary an approved transport security plan and security compliance certificate. (2) An exemption may be of general or specific application. 20 (3) The Secretary may only exempt a licence holder under subsection (1) if he or she is satisfied that the transportation of a high consequence sealed source or a high consequence group of sealed sources will not 25 pose a significant risk to the health or safety of any person or the safety of the environment. (4) An exemption is subject to the terms, conditions and limitations that are specified 30 in the notice.". 571159B.I-20/8/2013 7 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 10 10 New sections 23A to 23C inserted After section 23 of the Principal Act insert-- "23A Offence to permit use of high consequence sealed sources by unverified person 5 (1) A management licence holder must not direct, request or allow a person to use a high consequence sealed source that the licence holder possesses or controls knowing that the licence holder has not verified the identity of 10 the person using an identification document. Penalty: In the case of a natural person, 1200 penalty units; In the case of a body corporate, 6000 penalty units. 15 (2) A person does not commit an offence under subsection (1) if the person uses the high consequence sealed source while accompanied by a person whose identity has been verified by the management licence 20 holder using an identification document. 23B Offence to permit transport of high consequence sealed sources by unverified person (1) A management licence holder must not 25 direct, request or allow a person to transport a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the 30 identity of the person using an identification document. Penalty: In the case of a natural person, 1200 penalty units; In the case of a body corporate, 35 6000 penalty units. 571159B.I-20/8/2013 8 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 10 (2) A person does not commit an offence under subsection (1) if the person transports the high consequence sealed source or a high consequence group of sealed sources while 5 accompanied by a person whose identity has been verified by the management licence holder using an identification document. 23C Offence to permit access to high consequence sealed sources by unverified 10 person (1) A management licence holder must not direct, request or allow a person to access a high consequence sealed source or a high consequence group of sealed sources that the 15 licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document. Penalty: In the case of a natural person, 20 1200 penalty units; In the case of a body corporate, 6000 penalty units. (2) A person does not commit an offence under subsection (1) if the person accesses the high 25 consequence sealed source or high consequence group of sealed sources while-- (a) accompanied by a person whose identity has been verified by the 30 management licence holder using an identification document; or (b) subject to surveillance at all times. 571159B.I-20/8/2013 9 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 11 (3) In this section-- access includes having the means to unlock a building, room, container, tank, vehicle or any other thing or place in which a 5 high consequence sealed source or high consequence group of sealed sources is situated; surveillance includes recorded surveillance by any of the following-- 10 (a) a monitored closed circuit television camera; (b) a motion sensor camera; (c) anti-stay behind detection and alarms based on motion detection; 15 or (d) any other measure prescribed in the regulations.". 11 New section 23D inserted After section 23C of the Principal Act insert-- 20 "23D Offence to conduct a commercial tanning practice A person must not-- (a) provide, or offer to provide, for fee or reward the use of a tanning unit; or 25 (b) operate or offer to operate for fee or reward a tanning unit. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 30 300 penalty units.". 571159B.I-20/8/2013 10 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 12 12 Only approved testers who holder testers' approvals that are in force may issue certificates of compliance (1) For the penalty at the foot of section 27(1) of the Principal Act substitute-- 5 "Penalty: 60 penalty units.". (2) Section 27(2) of the Principal Act is repealed. 13 New Part 5A inserted After Part 5 of the Principal Act insert-- "PART 5A--APPROVED ASSESSORS OF 10 SECURITY PLANS AND TRANSPORT SECURITY PLANS 36A Role of approved assessors of security plans and transport security plans The role of an approved assessor is to-- 15 (a) assess a security plan or transport security plan to determine whether-- (i) the plan meets the requirements set out in section 67C or 67H (as the case requires); and 20 (ii) the plan meets the standards specified by the Secretary under section 67N; and (b) issue security compliance certificates in respect of security plans and transport 25 security plans if the relevant plans meet the specified standards. 571159B.I-20/8/2013 11 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 13 36B Approved assessor must comply with conditions of assessor's approval (1) An approved assessor must not knowingly, recklessly or negligently fail to comply with 5 every condition of his or her assessor's approval. Penalty: 600 penalty units. Note The Secretary may impose conditions on an assessor's 10 approval under section 47. (2) An offence under this section is an indictable offence. 36C Only approved assessors who hold assessor's approvals that are in force may 15 issue security compliance certificates A person must not issue a security compliance certificate in relation to a security plan or a transport security plan unless he or she holds an assessor's approval 20 that is in force. Penalty: 60 penalty units. 36D Offence to impersonate approved assessor A person must not directly or indirectly represent that he or she is an approved 25 assessor unless the person is an approved assessor. Penalty: 60 penalty units. 571159B.I-20/8/2013 12 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 14 36E Approved assessor must not knowingly issue a security compliance certificate that is false (1) An approved assessor must not knowingly 5 issue a security compliance certificate knowing that it is false or misleading in a material particular. Penalty: 600 penalty units. (2) An offence under this section is an indictable 10 offence. __________________". 14 Who may apply for an authority (1) In section 37(2)(b) of the Principal Act, for "approval." substitute "approval; or". 15 (2) After section 37(2)(b) of the Principal Act insert-- "(c) an assessor's approval.". 15 Further information for management licence applications 20 (1) In section 39(b) of the Principal Act, for "practice." substitute "practice; and". (2) After section 39(b) of the Principal Act insert-- "(c) if the radiation practice to be conducted includes possession of a high consequence 25 sealed source or high consequence group of sealed sources-- (i) a copy of an approved security plan and security compliance certificate issued by an approved assessor for that source 30 or group of sealed sources; and (ii) if the applicant is a natural person, evidence of the person's identity; and 571159B.I-20/8/2013 13 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 16 (iii) if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of a high consequence sealed source or 5 high consequence group of sealed sources under the licence; and (d) if the radiation practice to be conducted includes transport of a high consequence sealed source or high consequence group of 10 sealed sources-- (i) if the applicant is a natural person, evidence of the person's identity; and (ii) if the applicant is a body corporate, evidence of the identity of the person 15 who is to be responsible for the security of a high consequence sealed source or high consequence group of sealed sources under the licence.". (3) At the end of section 39 of the Principal Act 20 insert-- "(2) Evidence of the person's identity that is required under subsection (1)(c) or (1)(d) must be in accordance with the guidelines prepared under section 67A.". 25 16 Further information for facility construction licence applications (1) In section 41(a)(i) and (ii) of the Principal Act, for "constructed;" substitute "constructed or used;". (2) In section 41(b) of the Principal Act, for "that 30 facility." substitute "that facility; and". (3) After section 41(b) of the Principal Act insert-- "(c) in the case of land to be used for, or a building that is to be used as, a radiation facility that is owned or occupied by a 35 person other than the applicant, be 571159B.I-20/8/2013 14 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 17 accompanied by written evidence of the consent of the owner or occupier of the land or building proposed to be used as a radiation facility for that facility; and 5 (d) in the case of a radiation facility to be constructed or used that will house a high consequence sealed source or high consequence group of sealed sources-- (i) a copy of an approved security plan and 10 security compliance certificate issued by an approved assessor for that sealed source or group of sealed sources; and (ii) if the applicant is a natural person, evidence of the person's identity; and 15 (iii) if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed 20 sources under the licence.". (4) At the end of section 41 of the Principal Act insert-- "(2) Evidence of the person's identity that is required under subsection (1)(d)(ii) or (iii) 25 must be in accordance with the guidelines prepared under section 67A.". 17 New section 42A inserted After section 42 of the Principal Act insert-- "42A Further information for an assessor's 30 approval An application under section 37 for an assessor's approval must also include evidence of the applicant's qualifications (if any) that may be relevant to an approved 571159B.I-20/8/2013 15 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 18 assessor carrying out his or her duties under this Act or the regulations.". 18 Variation of authority by Secretary on application of authority holder 5 (1) In section 66(2)(b)(ii) of the Principal Act, for "(if any)." substitute "(if any); and". (2) After section 66(2)(b) of the Principal Act insert-- "(c) in the case of an application for a variation to 10 a management licence that allows the possession of a high consequence sealed source or high consequence group of sealed sources, must include-- (i) a copy of an approved security plan and 15 security compliance certificate issued by an approved assessor for that sealed source or group of sealed sources; and (ii) if the applicant is a natural person, evidence of the person's identity; and 20 (iii) if the applicant is a body corporate, evidence of the identity of the person who is to be responsible for the security of the high consequence sealed source or high consequence group of sealed 25 sources under the licence; and (d) in the case of an application for a variation to a management licence that allows the transport of a high consequence sealed source or high consequence group of sealed 30 sources, must include-- (i) if the applicant is a natural person, evidence of the person's identity; and (ii) if the applicant is a body corporate, evidence of the identity of the person 35 who is to be responsible for the security 571159B.I-20/8/2013 16 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 19 of the high consequence sealed source or high consequence group of sealed sources under the licence.". (3) After section 66(2) of the Principal Act insert-- 5 "(2A) Evidence of the person's identity that is required under subsection (2)(c) or (2)(d) must be in accordance with the guidelines prepared under section 67A.". 19 New Division 5 of Part 6 inserted 10 After Division 4 of Part 6 of the Principal Act insert-- "Division 5--Other matters 67A Guidelines on evidence as to identity (1) The Secretary may prepare guidelines for the 15 purpose of guiding applicants for authorities as to what is required for the purposes of sections 23A, 23B, 23C, 39, 41 and 66. (2) Guidelines prepared under subsection (1) must be published in the Government 20 Gazette.". 20 New Part 6A inserted After Part 6 of the Principal Act insert-- "PART 6A--SECURITY PLANS AND TRANSPORT SECURITY PLANS 25 Division 1--Security plans 67B Certain management licence applicants must prepare and submit plan for approval The following persons must prepare and 30 submit a security plan to an approved assessor for approval under this Part-- 571159B.I-20/8/2013 17 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (a) an applicant for a management licence who intends to possess a high consequence sealed source or high consequence group of sealed sources; 5 (b) an applicant for a facility construction licence who intends to construct or use land for or a building as a radiation facility that will house a high consequence sealed source or high 10 consequence group of sealed sources; (c) a management licence holder who intends to make an application to vary their management licence in order to possess a high consequence sealed 15 source or high consequence group of sealed sources. 67C Contents of security plan (1) A security plan prepared and submitted under section 67B must-- 20 (a) address the security standard specified by the Secretary under section 67N for the high consequence sealed source or high consequence group of sealed sources in relation to which the 25 applicant for, or holder of, a management licence will conduct a radiation practice; and (b) set out the security measures to be implemented to control any issues 30 identified in the security standard; and (c) include any other matters specified by the Secretary in accordance with subsection (2); and (d) be in the form specified by the 35 Secretary. 571159B.I-20/8/2013 18 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (2) The Secretary, by notice published in the Government Gazette, may specify any additional matters that must be addressed by the security plan. 5 67D Management licence holders who possess high consequence sealed sources must have approved security plans (1) A management licence holder must at all times have an approved security plan for 10 every high consequence sealed source or every high consequence group of sealed sources the holder is licensed to possess. Penalty: In the case of a natural person, 1200 penalty units; 15 In the case of a body corporate, 6000 penalty units. (2) An offence under this section is an indictable offence. 67E Approved security plan to be provided to 20 Secretary A management licence holder who is licensed to possess a high consequence sealed source or high consequence group of sealed sources must not knowingly fail to 25 provide to the Secretary, within 30 days after receiving a security compliance certificate for a security plan relating to the high consequence sealed source or high consequence group of sealed sources, a copy 30 of the approved security plan. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 571159B.I-20/8/2013 19 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 67F Review of approved security plans (1) Subject to subsection (2), a management licence holder who is licensed to possess a high consequence sealed source or high 5 consequence group of sealed sources must submit to the Secretary a revised security plan that has been approved by an approved assessor as soon as practicable after-- (a) a significant change in the operation of, 10 or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted; or 15 (b) the licence holder has been notified of an amendment to the security standard under section 67O. Penalty: In the case of a natural person, 60 penalty units; 20 In the case of a body corporate, 300 penalty units. (2) An approved security plan is not required to be revised, approved and submitted under subsection (1) if the only change to the 25 operation of, or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted is any of the following-- 30 (a) the name of the natural person who is responsible for implementing the plan; (b) any change to the details of the management licence that do not relate to possession or transport of a high 35 consequence sealed source or high consequence group of sealed sources; 571159B.I-20/8/2013 20 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (c) an amendment to the plan that is prescribed by the regulations for the purposes of this subsection. Division 2--Transport security plans 5 67G Transport security plan (1) Subject to subsection (2), a management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources must, 10 in accordance with this Part, prepare, and submit to an approved assessor for approval under this Part, a transport security plan each time the licence holder proposes to transport a high consequence sealed source or high 15 consequence group of sealed sources. (2) In the case of a proposal to transport similar category 2 sealed sources or category 3 sealed sources, or a category 2 group of sealed sources or category 3 group of sealed 20 sources, using a series of shipments, a single transport security plan may be prepared if the plan includes details for each shipment. 67H Contents of transport security plan (1) A transport security plan must-- 25 (a) address the security standard specified under section 67N for the high consequence sealed sources or high consequence groups of sealed sources proposed to be transported; and 30 (b) set out the security measures to be implemented to control any issues identified in the security standard; and (c) include any other matters specified by the Secretary in accordance with 35 subsection (2); and 571159B.I-20/8/2013 21 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (d) be in the form specified by the Secretary. (2) The Secretary, by notice published in the Government Gazette, may specify any 5 additional matters that must be addressed by the transport security plan. 67I Review of transport security plan A management licence holder who is licensed to transport a high consequence 10 sealed source or high consequence group of sealed sources in respect of which there is an approved transport security plan that provides for a series of shipments must submit to the Secretary a revised transport 15 security plan that has been approved by an approved assessor as soon as practicable after a significant change to the manner in which a high consequence sealed source or high consequence group of sealed sources is 20 to be transported. Penalty: In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. 25 67J Offence to transport high consequence sealed source without transport security plan A management licence holder who is licensed to transport a high consequence 30 sealed source or high consequence group of sealed sources must not transport a high consequence sealed source or high consequence group of sealed sources knowing that-- 571159B.I-20/8/2013 22 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (a) there is no approved transport security plan for that sealed source or group of sealed sources; or (b) a copy of the approved transport 5 security plan and security compliance certificate has not been submitted to the Secretary-- (i) in the case of a proposal to transport a category 1 sealed 10 source or a category 1 group of sealed sources, at least 7 days before the transport is proposed to take place; or (ii) in the case of a proposal to 15 transport a category 2 sealed source, a category 3 sealed source, a category 2 group of sealed sources or category 3 group of sealed sources, at least 7 days 20 before the transport (or first transport in the case of a series of shipments) is proposed to take place. Penalty: In the case of a natural person, 25 1200 penalty units; In the case of a body corporate, 6000 penalty units. Division 3--Assessment of security plans and transport security plans 30 67K Review and approval of security plan or transport security plan (1) On receipt of a security plan or transport security plan, an approved assessor must assess the plan against the applicable 35 security standard. 571159B.I-20/8/2013 23 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 (2) If, after the assessment, the approved assessor is of the view that the security plan or transport security plan meets the applicable security standard, the approved 5 assessor must issue a security compliance certificate in respect of that security plan or transport security plan. (3) A security compliance certificate must-- (a) be in the form approved by the 10 Secretary; and (b) contain any information required by the Secretary; and (c) be given to the person who requested the assessment of the security plan or 15 transport security plan. 67L Approved assessor to provide certificate information to Secretary An approved assessor must provide to the Secretary the information contained in the 20 security compliance certificate-- (a) in writing; and (b) within 7 days after issuing the certificate. Division 4--Compliance with security plans 25 and transport security plans 67M Offence to fail to comply with security plan or transport security plan A management licence holder who is licensed to possess or transport a high sealed 30 consequence sealed source or high consequence group of sealed sources must not knowingly fail to comply with the most recent approved security plan or approved 571159B.I-20/8/2013 24 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 transport security plan for that sealed source or group of sealed sources. Penalty: In the case of a natural person, 1200 penalty units; 5 In the case of a body corporate, 6000 penalty units. Division 5--Standards for security plans and transport security plans and security compliance certificate 10 67N Secretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources (1) The Secretary must, in respect of high consequence sealed sources and high 15 consequence groups of sealed sources, specify a security standard that a security plan or transport security plan must meet to be approved by an approved assessor. (2) A security standard specified under this 20 section must set out security measures that must be met according to the level of threat from terrorist activity in relation to radiation sources. (3) On specifying a security standard, the 25 Secretary must publish-- (a) notice of that specification in the Government Gazette; and (b) the security standard on the Internet. (4) A security standard specified under this 30 section takes effect on and from the date on which notice of its specification is published in the Government Gazette or a later date that is specified in the notice. 571159B.I-20/8/2013 25 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 20 67O Notification of change to security standard involving changes to security measures (1) This section applies if the Secretary amends 5 a security standard and the amendment relates to a security measure set out in the standard. (2) The Secretary must, in writing, notify the following persons of the amendment of the 10 security standard and the details of the amendment-- (a) every management licence holder who is licensed to possess a high consequence sealed source or a high 15 consequence group of sealed sources, if the approved security plan relating to that sealed source or group of sealed sources contains matter to which the amendment relates; 20 (b) every management licence holder who is licensed to transport a high consequence sealed source or a high consequence group of sealed sources, if the approved transport security plan 25 relating to that sealed source or group of sealed sources contains matter to which the amendment relates; (c) every approved assessor. __________________". 571159B.I-20/8/2013 26 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 21 21 New Division 7A of Part 7 inserted After Division 7 of Part 7 of the Principal Act, insert-- "Division 7A--Improvement notices and 5 prohibition notices 90A Secretary may issue improvement notice or prohibition notice (1) This section applies if the Secretary believes that a person-- 10 (a) has contravened a provision of this Act or the regulations in circumstances that make it likely that the contravention is continuing or will reoccur; or (b) is likely to contravene a provision of 15 this Act or the regulations. (2) If this section applies, the Secretary may issue to the person-- (a) an improvement notice requiring the person to remedy the contravention or 20 likely contravention or the matters or activities causing the contravention or likely contravention; or (b) a prohibition notice prohibiting the carrying on of the activity, or the 25 carrying on of the activity in a specified way, until the Secretary has certified in writing that the contravention has ceased or that the likelihood of the contravention occurring has passed. 30 (3) An improvement notice or a prohibition notice must-- (a) state the grounds on which the issue of the improvement notice or prohibition notice is based; 571159B.I-20/8/2013 27 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 21 (b) specify the provision of this Act or the regulations that the Secretary considers has been or is likely to be contravened; (c) specify the actions or measures that the 5 person is required to take and the period within which the actions or measures are to be completed; (d) set out the penalty for contravening the improvement notice or prohibition 10 notice; (e) state how the person may seek review of the issue of the improvement notice or prohibition notice; (f) include a statement as to the effect of 15 section 90C. (4) An improvement notice or a prohibition notice issued under this section remains in force until the Secretary notifies, in writing, the person who received the notice that it is 20 no longer in force. 90B Person must comply with improvement notice or prohibition notice (1) A person to whom an improvement notice or a prohibition notice is issued for a 25 contravention of this Act must comply with the improvement notice or prohibition notice. Penalty: In the case of a natural person, 120 penalty units; 30 In the case of a body corporate, 600 penalty units. 571159B.I-20/8/2013 28 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 22 (2) A person to whom an improvement notice or a prohibition notice is issued for a contravention of the regulations must comply with the improvement notice or prohibition 5 notice. Penalty: 20 penalty units. 90C Proceedings for offences affected by notices (1) Subject to subsection (2), the issue of an 10 improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the improvement notice or prohibition 15 notice was issued. (2) If a person fulfils all the requirements of an improvement notice or a prohibition notice, at the expiry of the notice, no proceeding may be commenced for the offence against 20 this Act or the regulations constituted by the contravention or alleged contravention to which that improvement notice or prohibition notice related.". 22 Definitions for the purposes of review of decisions 25 (1) In section 100 of the Principal Act, in the definition of eligible person, after paragraph (c) insert-- "(d) a person to whom an improvement notice or a prohibition notice has been issued under 30 section 90A;". 571159B.I-20/8/2013 29 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 23 (2) In section 100 of the Principal Act, in the definition of reviewable decision-- (a) in paragraph (c), for "Secretary." substitute "Secretary;"; 5 (b) after paragraph (c) insert-- "(d) in relation to a person to whom an improvement notice or a prohibition notice has been issued under section 90A, a decision of the Secretary 10 to issue the notice.". 23 Disclosure of information to other agencies In section 136(1) of the Principal Act-- (a) after paragraph (e) insert-- "(ea) Victoria Police;"; and 15 (b) after paragraph (g) insert-- "(ga) the Australian Security Intelligence Organisation and other Australian intelligence agencies;". 24 Regulations 20 After section 139(1)(d) of the Principal Act insert-- "(da) requiring a management licence holder to keep records of-- (i) the names of the persons whose identity 25 the licence holder has verified for the purpose of section 23A, 23B or 23C; and (ii) the identification documents used for that purpose;". 571159B.I-20/8/2013 30 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 25 25 New section 148 inserted After section 147 of the Principal Act insert-- "148 Radiation Amendment Act 2013-- transitional provision--security plans and 5 transport security plans (1) Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was 10 licensed to possess, or possess and transport, one or more high consequence sealed sources or high consequence group of sealed sources until 12 months after that commencement date. 15 (2) Part 6A does not apply to a management licence holder who, immediately before the commencement of section 20 of the Radiation Amendment Act 2013, was licensed to transport one or more high 20 consequence sealed sources or high consequence group of sealed sources until 6 months after that commencement date.". 26 New section 149 inserted After section 148 of the Principal Act insert-- 25 "149 Radiation Amendment Act 2013-- transitional provision--commercial tanning units (1) On and from the commencement of section 11 of the Radiation Amendment 30 Act 2013, the Secretary must cancel a management licence authorising the conduct of a radiation practice involving a tanning unit. 571159B.I-20/8/2013 31 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 s. 27 (2) On the cancellation of a management licence under subsection (1), the former holder of that licence is entitled to a refund of any amount paid for the licence that is for a 5 period after that cancellation.". 27 Repeal of amending Act This Act is repealed on 1 January 2016. Note The repeal of this Act does not affect the continuing operation of 10 the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571159B.I-20/8/2013 32 BILL LA INTRODUCTION 20/8/2013

 


 

Radiation Amendment Bill 2013 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571159B.I-20/8/2013 33 BILL LA INTRODUCTION 20/8/2013

 


 

 


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