Victorian Current Acts

RADIATION ACT 2005 - SECT 132

    (1)     For the purposes of this Act, in section 86 of the Sentencing Act 1991 —

        (a)     "loss" includes—

              (i)     the reasonable costs of a clean up following an incident involving the emission of radiation from a radiation source;

              (ii)     the reasonable costs for the storage of a radiation source;

              (iii)     the reasonable costs of destroying or otherwise disposing of a radiation source or any thing that has been contaminated by the emission of radiation from a radiation source;

        (b)     "compensation for the loss" and value of the property lost includes the estimated costs to—

              (i)     complete a clean up or part of a clean up following an incident involving the emission of radiation from a radiation source;

              (ii)     store a radiation source;

              (iii)     destroy or otherwise dispose of a radiation source or any thing that has been contaminated by the emission of radiation from a radiation source.

    (2)     The court may only make an order against a person under section 86 of the Sentencing Act 1991 with respect to an offence against this Act or the regulations if it is satisfied that the person was served with notice of—

        (a)     the applicant's intention to make the application; and

        (b)     the amount and details of the amount sought by the applicant—

at least 28 days before the application is made.

    (3)     The applicant may use an affidavit by any witness or an affidavit as to particular facts if—

        (a)     the applicant served notice of intention to use the affidavit with a copy of the affidavit attached on the person at least 28 days before the application is made; and

        (b)     the person did not serve notice of objection to the use of the affidavit on the applicant at least 14 days before the application is made.

    (4)     The court may make an order even though the amount of the order exceeds the upper monetary limit of the court's civil jurisdiction.

    (5)     If—

        (a)     an order of the court includes an amount for estimated costs; and

        (b)     the costs incurred are less than the estimated costs—

the applicant must refund the difference to the person.

    (6)     A person entitled to a refund may recover the refund in any court of competent jurisdiction as a debt due to the person.

    (7)     Any money recovered by the Secretary under this section is to be paid into the Consolidated Fund.

    (8)     Any sum required by the Secretary to refund a person under this section is to be paid out of the Consolidated Fund and the Consolidated Fund is, to the necessary extent, appropriated accordingly.

    (9)     If any property of the Crown or resource of the State is damaged or injured in the course of the commission of an offence against this Act or the regulations, the Secretary may make an application under section 86 of the Sentencing Act 1991 on behalf of the Crown.