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Radiation Amendment Bill 2013
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill amends the Radiation Act 2005 to further provide for the security
of certain radioactive material and to prohibit the commercial operation of
tanning units and for other purposes.
Clause Notes
Clause 1 sets out the purpose of the Bill.
The Radiation Amendment Bill amends the Radiation Act 2005
to provide for the introduction of security plans for the
possession and transport of high consequence sealed sources and
high consequence groups of sealed sources and to prohibit the
commercial operation of tanning units.
The Bill will also provide that the Secretary may issue
improvement and prohibition notices in the case of a
contravention, or likely contravention, of the Act or regulations.
The Bill also makes minor and consequential amendments to the
Act.
Clause 2 is the commencement provision.
The Bill will come into effect on a day to be proclaimed, or on
1 June 2014 if not proclaimed before that date.
However, the prohibition in relation to the commercial operation
of tanning units will come into effect on 1 January 2015 which
will allow businesses operating a commercial tanning unit
sufficient time to prepare for the prohibition.
Clause 3 provides that in this Act, the Radiation Act 2005 is called the
Principal Act.
571159 1 BILL LA INTRODUCTION 20/8/2013
Clause 4 inserts a number of new definitions in section 3(1) of the
Principal Act.
The most important new definitions are as follows--
category 1 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 vehicle, have
an aggregate activity ratio of greater than or equal to 1000;
category 2 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 vehicle, have
an aggregate activity ratio of less than 1000 but greater than or
equal 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 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 but 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 that has an
activity ratio of less than 10 but 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
category 3 group of sealed sources;
high consequence sealed source means a category 1, 2 or 3
sealed source;
identification document, in relation to a person, means a
document that--
· verifies the identity of a person; and
· is prescribed;
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The Bill also inserts definitions into the Principal Act of the
following terms--activity ratio, approved assessor, approved
security plan, approved transport security plan, assessor's
approval, security compliance certificate, security plan, security
standard, tanning unit, transport security plan and vehicle.
Subsection (2) amends the definition of facility construction
licence in the Principal Act to specify that such a licence is
required when a person changes the use of land or an existing
building to that of a radiation facility.
Subsection (3) makes a technical amendment to the definition of
use licence holder in the Principal Act.
Clause 5 inserts a new section 3A into the Act which sets out the formula
for determining the activity ratio for sealed sources. That
formula is as follows--
A
D
where--
A is the activity of the sealed source's prescribed
radionuclide in gigabecquerel units; and
D is the value specified in the regulations for the
prescribed radionuclide.
Clause 6 amends the functions of the Secretary in section 9 of the Principal
Act.
When the Bill commences, the Secretary will have the following
new functions--
· approve assessors of security plans and transport
security plans;
· specify security standards for high consequence sealed
sources and high consequence groups of sealed sources;
and
· issue improvement notices or prohibition notices in
relation to contraventions or likely contraventions of the
Principal Act or the regulations.
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Clause 7 amends section 14(1)(b) of the Principal Act which prohibits
construction of radiation facilities in certain cases.
The amended offence will now prevent an owner or occupier of
land from changing the use of land or a building that they own or
occupy to use for a radiation facility unless they hold a facility
construction licence that is in force that allows them to use that
land or building for a radiation facility.
This provision, which already exists in the Principal Act and
prohibits construction, or allowing construction on land without a
facility construction licence, carries a penalty of 600 penalty
units for a natural person and 3000 penalty units for a body
corporate.
Clause 8 amends section 16(1)(b) of the Principal Act, which sets out
certain exemptions from holding a licence. The amendment will
enable the Secretary to exempt by notice a person or class of
persons from the requirement to have a facility construction
licence in respect of a radiation source specified in the notice.
This provision in the Principal Act already enables the Secretary
to exempt by notice a person or a class of persons from the
requirement to have a use licence or a management licence in
respect of the radiation source or radiation practice specified in
the notice.
Clause 9 inserts new section 16A into the Principal Act, which enables the
Secretary, by notice published in the Government Gazette, to
exempt a management licence holder from preparing and
providing to the Secretary an approved transport security plan
and security compliance certificate.
The Secretary may only exempt a licence holder under this
provision if he or she is satisfied that transportation of the high
consequence sealed source or high consequence group of sealed
sources will not pose a significant threat to the health or safety of
any person or the safety of the environment.
Clause 10 inserts three new offences into the Principal Act.
New section 23A makes it an offence for a management licence
holder to 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 the person using an identification document.
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Subsection (2) of new section 23A states that a person does not
commit an offence under this provision if the person uses the
high consequence sealed source while accompanied by a person
whose identity has been verified by the management licence
holder using an identification document.
New section 23B makes it an offence for a management licence
holder to direct, request or allow a person to transport a high
consequence sealed source or high consequence group of sealed
sources that the licence holder possesses or controls knowing that
the licence holder has not verified the identity of the person using
an identification document.
Subsection (2) of new section 23B states that a person does not
commit an offence under this provision if the person transports
the high consequence sealed source or high consequence group of
sealed sources while accompanied by a person whose identity has
been verified by the management licence holder using an
identification document.
New section 23C makes it an offence for a management licence
holder to direct, request or allow a person to access a high
consequence sealed source or high consequence group of sealed
sources that the licence holder possesses or controls knowing that
the licence holder has not verified the identity of the person using
an identification document.
Subsection (2) of new section 23C states that a person does not
commit an offence under this section if the person accesses the
high consequence sealed source or high consequence group of
sealed sources while--
· accompanied by a person whose identity has been
verified by the management licence holder using an
identification document; or
· subject to surveillance at all times.
Subsection (3) of new section 23C inserts definitions of access
and surveillance for the purposes of this section.
access includes having the means to unlock a building, room,
container, tank, vehicle or any other thing or place in which a
high consequence sealed source or high consequence group of
sealed sources is situated.
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surveillance includes recorded surveillance by any of the
following--
· a monitored closed circuit television camera;
· a motion sensor camera;
· anti-stay behind detection and alarms based on motion
detection; or
· any other measure prescribed in the regulations.
The penalty for each of these offences will be 1200 penalty units
for a natural person, and 6000 penalty units in the case of a body
corporate.
Clause 11 inserts new 23D into the Principal Act.
New section 23D makes it an offence to conduct a commercial
tanning practice. That is, a person must not provide, or offer to
provide for fee or reward the use of a tanning unit; or operate or
offer to operate for fee or reward, a tanning unit.
The penalty for breach of this offence is 60 penalty units for a
natural person and 300 penalty units for a body corporate.
tanning unit is defined in clause 4 of the Bill as an electrically
powered radiation apparatus designed to produce tanning of the
human skin by utilising ultraviolet radiation.
Clause 12 amends the Principal Act by amending the penalty for the offence
in section 27(1) from 600 penalty units to 60 penalty units.
This clause also deletes section 27(2) so that the offence of
issuing a certificate of compliance without being an approved
tester is no longer indictable. This is because it is not appropriate
for an offence with low penalty units to be indictable.
Clause 13 inserts new Part 5A into the Principal Act.
Part 5A deals with approved assessors of security plans and
transport security plans.
New section 36A outlines the role of approved security plan and
transport security plan assessors. Their role is to--
· assess a security plan to determine whether the plan
meets the requirement set out in section 67C for security
plans or section 68H for transport security plans; and
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· assess whether the plan meets the standards specified by
the Secretary under section 67N; and
· issue security compliance certificates in respect of
security plans and transport plans if the plans meet the
specified standards.
New section 36B makes it an offence for an approved assessor to
knowingly, recklessly or negligently fail to comply with every
condition of their assessor's approval.
Failure to comply with this section attracts a penalty of
600 penalty units, and is an indictable offence.
New section 36C makes it an offence for a person to issue a
security compliance certificate in relation to a security plan or a
transport security plan unless they hold an assessor's approval
that is in force.
New section 36D makes it an offence for a person to directly or
indirectly represent that they are an approved assessor unless they
are an approved assessor.
Both of these new offences attract a penalty of 60 penalty units.
New section 36E makes it an indictable offence for an approved
assessor to issue a security compliance certificate knowing that it
is false or misleading in a material particular.
This offence attracts a penalty of 600 penalty units.
Clause 14 amends section 37(2)(b) of the Principal Act to specify that only
a natural person can apply to the Secretary for an assessor's
approval.
Clause 15 amends section 39 of the Principal Act to list the further
information required to be submitted with management licence
applications if the radiation practice to be conducted includes
possession or transport of a high consequence sealed source or
high consequence group of sealed sources.
In the case of possession of a high consequence sealed source or
high consequence group of sealed sources, new section 39(c)
requires the application to include--
· a copy of an approved security plan and security
compliance certificate issued by an approved assessor
for that source or group of sealed sources; and
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· if the applicant is a natural person, evidence of the
person's identity; and
· if the applicant is a body corporate, evidence of the
identity of a person who is to be responsible for the
security of the high consequence sealed source or high
consequence group of sealed sources under the licence.
In the case of transport of a high consequence sealed source or
high consequence group of sealed sources, new subsection 39(d)
requires the application to include--
· if the applicant is a natural person, evidence of the
person's identity; and
· if the applicant is a body corporate, evidence of the
identity of a person who is to be responsible for the
security of the high consequence sealed source or high
consequence group of sealed sources under the licence.
This clause also inserts a new 39(2) into the Principal Act, which
states that evidence of a person's identity that is required under
section 39(1)(c) or 39(1)(d) must be in accordance with the
guidelines prepared under section 67A.
Clause 16 is similar to clause 15. It amends section 41 of the Principal Act
to list the further information required to be submitted with
facility construction licence applications.
Section 41(c) stipulates that, 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 person other than the applicant, the application
must be 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.
Section 41(d) stipulates that, 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, the
application must include--
· a copy of the an approved security plan and security
compliance certificate issued by an approved assessor
for that source or group of sealed sources; and
· if the applicant is a natural person, evidence of the
person's identity; and
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· 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 high
consequence group of sealed sources under the licence.
This clause also inserts a new 41(2) into the Principal Act, which
states that evidence of a person's identity that is required under
section 41(1)(d)(ii) or (iii) must be in accordance with the
guidelines prepared under section 67A.
Clause 17 inserts new section 42A into the Principal Act, which will require
an application under section 37 for an assessor's approval to
include evidence of the applicant's qualifications (if any) that
may be relevant to an approved assessor carrying out their duties
under this Act or regulations.
Clause 18 amends section 66(2) of the Principal Act to list the additional
information required to be submitted with an application for
variation of an authority to possess or transport a high
consequence sealed source or a high consequence group of sealed
sources.
In the case of possession of a high consequence sealed source or
high consequence group of sealed sources, new section 66(2)(c)
requires the application to vary to include--
· a copy of an approved security plan and security
compliance certificate issued by an approved assessor
for that source or group of sources; and
· if the applicant is a natural person, evidence of the
person's identity; and
· 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 sources under the licence.
In the case of transport of a high consequence sealed source or
high consequence group of sealed sources, new subsection
66(2)(d) requires the application to include--
· if the applicant is a natural person, evidence of the
person's identity; and
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· if the applicant is a body corporate, evidence of the
identity of a person who is to be responsible for the
security of the high consequence sealed source or high
consequence group of sealed sources under the licence.
This clause also inserts a new 66(2A) into the Principal Act,
which states that evidence of a person's identity that is required
under section 66(2)(c) or 66(2)(d) must be in accordance with the
guidelines prepared under section 67A.
Clause 19 inserts new Division 5 of Part 6 into the Principal Act.
Division 5 consists of section 67A, which deals with guidelines
on evidence as to identity.
New section 67A(1) enables the Secretary to prepare guidelines
for the purpose of guiding applicants for authorities as to what is
required for the purposes of the sections in the Principal Act that
include verification of identity requirements.
Verification of identity requirements are included in the offences
in new sections 23A, 23B and 23C of allowing unverified
persons to access or use or transport high consequence sealed
sources or high consequence groups of sealed sources. There are
also new identity verification requirements in sections 39 and 41
for applicants applying for management or facility construction
licences in relation to high consequence sealed sources and high
consequence groups of sealed sources, and in section 66 for
licence holders who apply to the Secretary for variation of a
licence in relation to high consequence sealed sources or high
consequence groups of sealed sources.
Subsection (2) of new section 67A requires that the guidelines be
published in the Government Gazette.
Clause 20 inserts new Part 6A into the Principal Act, which deals with
security plans and transport security plans.
Division 1 of new Part 6A deals with security plans.
New section 67B requires the following people to prepare and
submit a security plan to an approved assessor for approval--
· an applicant for a management licence who intends to
conduct a radiation practice involving possession of a
high consequence sealed source or a high consequence
group of sealed sources;
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· an applicant for a facility construction licence who
intends to construct or use a radiation facility that will
house a high consequence sealed source or high
consequence group of sealed sources;
· a management licence holder who intends to make an
application to vary their licence in order to possess a
high consequence sealed source or high consequence
group of sealed sources.
New section 67C sets out the required contents of a security plan.
A security plan prepared and submitted under new section 67B
must--
· address the security standards 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 applicant for, or holder of, a
management licence will conduct a radiation practice;
and
· set out the security measures to be implemented to
control any issues identified in the security standard;
and
· include any other matters specified by the Secretary in
accordance with subsection (2); and
· be in the form specified by the Secretary.
Subsection (2) of section 67C states that the Secretary, by notice
published in the Government Gazette, may specify any additional
matters that must be addressed by the security plan.
New section 67D requires management licence holders to at all
times have an approved security plan in place for every high
consequence sealed source or high consequence group of sealed
sources the holder is licensed to possess.
Failure to have an approved security plan is an offence which
carries 1200 penalty units in the case of a natural person or
6000 penalty units in the case of a body corporate.
New section 67E states that management holders who are
licensed to possess a high consequence sealed source or a high
consequence group of sealed sources must not knowingly fail to
provide to the Secretary, within 30 days after receiving a security
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compliance certificate for a security plan relating to the high
consequence sealed source or high consequence group of sealed
sources, a copy of the approved security plan.
Failure to do so attracts a penalty of 60 penalty units for a natural
person or 300 penalty units for a body corporate.
New section 67F requires approved security plans to be reviewed
in certain circumstances.
A management licence holder who is licensed to possess a high
consequence sealed source or high 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 significant change in the 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; or
· the licence holder has been notified of an amendment to
the security standard under section 67O.
Failure to comply with these requirements attracts a penalty of
60 penalty units for a natural person and 300 penalty units for a
body corporate.
Subsection (2) of new section 67F elaborates on what is meant by
a significant change to the 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. An approved security plan is not required to be
revised, approved and submitted if the only change is--
· the name of the natural person who is responsible for
implementing the plan;
· any change to the details of the management licence that
do not relate to possession or transport of a high
consequence sealed source or high consequence group
of sealed sources;
· an amendment to the plan that is prescribed by the
regulations for the purposes of this subsection.
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Division 2 of new Part 6A concerns transport security plans.
New section 67G states that a management licence holder must
prepare and submit to an approved assessor for approval a
transport security plan each time the licence holder proposes to
transport a high consequence sealed source or high consequence
group of sealed sources.
Subsection (2) of new section 67G clarifies that in the case of a
proposal to transport similar category 2 or category 3 sealed
sources, or a category 2 group of sealed sources or category 3
group of sealed sources, using a series of shipments, a single
transport security plan may be prepared if the plan includes
details for each shipment.
New section 67H sets out what a transport security plan is
required to contain. A transport security plan must--
· address the security standard specified under
section 67N for the high consequence sealed sources or
high consequence group of sealed sources proposed to
be transported; and
· set out the security measures to be implemented to
control any issues identified in the security standard;
· include any other matters specified by the Secretary in
accordance with subsection (2); and
· be in the form specified by the Secretary.
Subsection (2) of new section 67H states that the Secretary may,
by notice published in the Government Gazette, specify any
additional matters that must be addressed by the transport
security plan.
New section 67I requires a management licence holder who is
licensed to transport a high consequence sealed source or high
consequence group of sealed sources in respect of which there is
an approved transport plan that provides for a series of
shipments, to submit to the Secretary a revised transport 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 to be transported.
13
Failure to do so will result in a penalty of 60 penalty units for a
natural person and 300 penalty units for a body corporate.
New section 67J makes it an offence for a management licence
holder to transport a high consequence sealed source or high
consequence group of sealed sources whilst knowing that there is
not an approved transport security plan for that high consequence
sealed source or high consequence group of sealed sources, or
that a copy of the transport security plan and security compliance
certificate has not been submitted to the Secretary within the
requisite timeframe.
For the purposes of this offence, the requisite time frame for
submission to the Secretary is--
· in the case of a proposal to transport a category 1 sealed
source or category 1 group of sealed sources, at least
7 days before the transport is proposed to take place; or
· in the case of a proposal to transport a category 2 or
category 3 sealed source, or a category 2 group of
sealed sources or a category 3 group of sealed sources,
at least 7 days before the transport (or first transport in
the case of a series of shipments) is proposed to take
place.
This offence carries a penalty of 1200 penalty units for a natural
person and 6000 penalty units for a body corporate.
Division 3 of new Part 6A deals with assessment of security
plans and transport security plans.
New section 67K sets out the process for review and approval of
security plans and transport security plans.
Subsection (1) of new section 67K states that, on receipt of a
security plan or transport security plan, an approved assessor
must assess the plan against the applicable security standard.
These are specified by the Secretary in accordance with
section 67N.
Subsection (2) of new section 67K states that if, after the
assessment, the assessor is of the view that the security plan or
transport security plan meets the applicable security standard, the
approved assessor must issue a security compliance certificate in
respect of that security plan or transport security plan.
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Subsection (3) of new section 67K requires a security compliance
certificate to--
· be in the form approved by the Secretary; and
· contain any information required by the Secretary; and
· be given to the person who requested the assessment of
the security plan or transport security plan.
New section 67L requires an approved assessor to provide to the
Secretary the information contained in the security compliance
certificate in writing and within 7 days after issuing the
certificate.
Division 4 of new Part 6A deals with compliance with security
plans and transport security plans.
New section 67M makes it an offence for a management licence
holder who is licensed to possess or transport a high consequence
sealed source or high consequence group of sealed sources to
knowingly fail to comply with the most recent approved security
plan or approved transport security plan for that source or group
of sealed sources.
This offence attracts a penalty of 1200 for a natural person and
6000 for a body corporate.
Division 5 of new Part 6A deals with standards for security plans
and security transport plans and security compliance certificates.
New section 67N(1) requires the Secretary to specify a security
standard that a security plan or transport security plan must meet
in respect of high consequence sealed sources and high
consequence groups of sealed sources, in order to be approved by
an approved assessor.
Subsection (2) of new section 67N states that a security standard
specified under this section must set out security measures that
must be met according to the level of threat from terrorist activity
in relation to radiation sources.
On specifying a security standard, subsection (3) of new
section 67N requires the Secretary to publish notice of that
specification in the Government Gazette and the security
standard on the internet.
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Subsection (4) of new section 67N makes it clear that a security
standard specified under this 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.
New section 67O applies if the Secretary amends a security
standard and the amendment relates to a security measure set out
in the standard.
In that event, subsection (2) of new section 67O states that the
Secretary must in writing, notify the following persons of the
amendment of the security standard and the details of the
amendment--
· every management licence holder who possesses a high
consequence sealed source or high consequence group
of sealed sources, if the approved security plan relating
to that source contains matter to which the amendment
relates;
· every management licence holder who is allowed to
transport a high consequence sealed source or high
consequence group of sealed sources, if the approved
transport security plan relating to that source contains
matter to which the amendment relates; and
· every approved assessor.
Clause 21 inserts new Division 7A into Part 7 of the Principal Act, which
relates to improvement notices and prohibition notices.
New section 90A enables the Secretary to issue improvement or
prohibition notices in certain circumstances. Subsection (1) of
new section 90A lists those circumstances as being either that a
person has contravened a provision of the Principal Act or the
regulations in circumstances that make it likely that the
contravention is continuing or will reoccur, or a person is likely
to contravene a provision of the Principal Act or the regulations.
If the circumstances in subsection (1) apply, new section 90A(2)
enables the Secretary to issue to the person--
· an improvement notice requiring the person to remedy
the contravention or likely contravention or the matters
or activities causing the contravention or likely
contravention; or
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· a prohibition notice prohibiting the carrying on of the
activity or the 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 has passed.
Subsection (3) of new section 90A requires an improvement
notice or prohibition notice to--
· state the grounds on which the issue of the notice is
based;
· specify the provision of the Principal Act or the
regulations that the Secretary considers has been or is
likely to be contravened;
· specify the actions or measures that the person is
required to take and the period within which the actions
or measures are to be completed;
· set out the penalty for contravening the notice;
· state how the person may seek review of the issue of the
notice;
· include a statement as to the effect of section 90C,
which relates to the impact of notices on proceedings
for offences.
Subsection (4) of new section 90A states that an improvement
notice or prohibition notice issued under this section remains in
force until the Secretary notifies, in writing, the person who
received the notice that it is no longer in force.
New section 90B(1) requires a person to whom an improvement
notice or prohibition notice is issued for a contravention of the
Principal Act to comply with the improvement notice or
prohibition notice. Failure to do so attracts a penalty of
120 penalty units for a natural person or 600 penalty units for a
body corporate.
Subsection (2) of new section 90B requires a person to whom an
improvement notice or prohibition notice is issued for a
contravention of the regulations to comply with the improvement
notice or prohibition notice. Failure to do so attracts a penalty of
20 penalty units.
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New section 90C(1) states that the issue of an improvement
notice or a prohibition notice does not affect any proceedings for
an offence against this Principal Act or the regulations in
connection with any matter in respect of which the improvement
notice or prohibition notice was issued. However this is subject
to subsection (2) of new section 90C.
Subsection (2) states that 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 the Principal Act or regulations constituted by the
contravention or alleged contravention to which that
improvement notice or prohibition notice related.
Clause 22 amends the definition of eligible person in section 10 of the
Principal Act, to include a person to whom an infringement
notice or prohibition notice has been issued under new
section 90A.
This clause also amends the definition of reviewable decision in
section 100 of the Principal Act to include, in relation to a person
to whom an improvement notice or a prohibition notice has been
issued under new section 90A, a decision of the Secretary to
issue the notice.
These amendments make it possible for a person who has been
issued an improvement notice or a prohibition notice under new
section 90A to seek internal review and further review at the
Victorian Civil and Administrative Review Tribunal.
Clause 23 amends section 136(1) of the Principal Act to enable information
held by the Secretary to be disclosed to Victoria Police and to the
Australian Security Intelligence Organisation and other
intelligence agencies. This provision will render such disclosures
for a secondary purpose as being authorised by law for the
purposes of the Information Privacy Act 2000 and the Health
Records Act 2001.
Clause 24 inserts a new regulation making power in the Principal Act by
inserting section 139(1)(da) to enable regulations to be made
requiring a management licence holder to keep records of the
names of persons whose identity they have verified for the
purposes of section 23A, 23B or 23C and the identification
documents used for that purpose.
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Clause 25 inserts a transitional provision into the Principal Act. New
section 148 will make it clear that Part 6A--which relates to
security plans and transport security plans--will not apply to a
licence holder who, immediately before the commencement of
Part 6A, was 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.
Clause 26 inserts a transitional provision into the Principal Act.
New section 149 will require the Secretary to cancel all
management licences authorising the conduct of a radiation
practice involving a tanning unit on and from the commencement
of new section 23D, which will prohibit the operation of such
practices. On the cancellation of such management licences, the
former holder of that licence will be entitled to a refund of any
amount paid or the licence that is for a period that falls after the
cancellation.
Clause 27 provides for the automatic repeal of this amending Act on
1 January 2016.
The repeal of this Act does not affect in any way the operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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