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Radiation Amendment Bill 2010
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to amend the Radiation
Act 2005 to--
· allow the Secretary to impose further conditions on
management licences relating to the management or
control of the use of a radiation source; and
· clarify the scope of certain offences; and
· allow the Secretary to impose conditions on licence
exemptions that require compliance with incorporated
documents; and
· allow the Secretary to publish on the Internet specified
parts of the register maintained under the Act that relate
to use licences; and
· make other minor amendments to the Radiation Act
2005.
Clause 2 is the commencement provision.
The provisions will come into effect on a day or days to be
proclaimed, or on 1 February 2011 if not proclaimed before that
date.
Clause 3 provides that in the Bill, the Radiation Act 2005 is called the
Principal Act.
Clause 4 amends section 3 of the Radiation Act 2005 by inserting a
new paragraph (ea) to the definition of radiation practice.
Radiation practice will now be defined to include the activity
of managing or controlling the use of a radiation source.
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Section 47 of the Radiation Act 2005 allows the Secretary to
issue a management licence that is subject to any condition that
the Secretary considers appropriate. The condition must,
however, relate to the activity the management licence holder
is permitted to perform by virtue of holding that licence.
The definition of radiation practice in section 3(1) of the
Radiation Act 2005 expressly provides that "using a radiation
source" is not a radiation practice. The Secretary is therefore
unable to impose a condition on a management licence that is
solely directed at controlling the way a radiation source is used.
The amendment will allow the Secretary to issue a management
licence that is subject to conditions that are designed to ensure
that a radiation source is used as safely as possible. For example,
the Secretary will have the power to place limits on the purposes
for which a radiation source is used or the way in which a
radiation source can be used. The Secretary could also issue a
management licence subject to a condition that requires the
licence holder to take reasonable to steps to ensure that all
persons who use a radiation source the management licence
holder is authorised to possess comply with specified safety
procedures when using the radiation source.
Clause 5 clarifies the scope of the offences created by sections 15(1), 15(2)
and 15(3) of the Radiation Act 2005 by inserting a fault
requirement.
Amended section 15(1) will make it an offence for a management
licence holder to knowingly, recklessly or negligently fail to
comply with any condition of their licence.
Amended section 15(2) will make it an offence for a use licence
holder to knowingly, recklessly or negligently fail to comply with
any condition of his or her licence.
Amended section 15(3) will make it an offence for a facility
construction licence holder to knowingly, recklessly or
negligently fail to comply with any condition of their licence.
Clause 6 inserts new section 16(5) into the Radiation Act 2005.
Section 16 of the Radiation Act 2005 enables the Secretary, by
notice published in the Government Gazette, to exempt a person
or a class of person from the requirement to hold a management
licence or a use licence. An exemption is subject to the terms,
conditions and limitations that are specified in the notice.
An exemption that applies to a class of person is a subordinate
instrument. Section 32 of the Interpretation of Legislation Act
1984 provides that subordinate instruments cannot make
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provision for or in relation to any matter by incorporating
material in another document (other than an Act, Commonwealth
Act, certain Codes, statutory rule, or a statutory rule made under
a Commonwealth Act) unless it is specifically permitted by the
empowering Act.
New subsection (5) will expressly give the Secretary the power to
grant an exemption from the requirement to hold a use licence or
a management licence that is subject to a condition that requires
the person or class of persons to comply with an incorporated
document (such as a particular Australian Standard).
Clause 7 clarifies the scope of the offence created by section 26(1) of the
Radiation Act 2005 by inserting a fault element.
The amended provision makes it an offence for an approved
tester to knowingly, recklessly or negligently fail to comply with
any condition of his or her tester's approval.
Clause 8 amends section 138 of the Radiation Act 2005 by inserting new
sections 138(3) and 138(4).
New section 138(3) will give the Secretary the power to publish
and maintain on the Internet parts of the register the Secretary is
required to establish and maintain under section 138(1) of the
Radiation Act 2005. The parts of the register the Secretary may
publish and maintain on the Internet include the name of a use
licence holder, the number assigned to a use licence holder for
the purpose of the register, the date on which a use licence
expires and a description of the use allowed under a use licence.
The Secretary will also be able to publish and maintain on the
Internet information as to whether a use licence is suspended, has
been cancelled or has expired. New section 138(4) limits the
length of time the Secretary may publish and maintain on the
Internet the date on which a use licence was cancelled and the
date on which a use licence expired.
Clause 9 makes statute law revisions to the Radiation Act 2005.
Subclause (1) substitutes the heading to Division 3 of Part 11 of
the Radiation Act 2005 so that it is consistent with the
Infringements Act 2006.
Subclause (2) will remove the words "in force" from section
138(1)(a) of the Radiation Act 2005 so that details about a
declaration made under section 4 may be retained on the register
after it has been revoked.
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Subclause (3) amends section 139(2)(e) of the Radiation Act
2005 by substituting the word "persons" for "people".
The purpose of this amendment is to ensure that any regulations
made under this paragraph apply to a body politic or corporate as
well as an individual.
Clause 10 provides for this amending Bill to be automatically repealed on
1 February 2012. The repeal of this Act does not however affect
the ongoing operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
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