Victorian Current Acts

RADIATION ACT 2005 - SECT 62

    (1)     In this section, urgent circumstances exist if a ground exists to suspend or cancel an authority and it is necessary, to protect the health or safety of persons or the environment from the harmful effects of radiation, to immediately suspend the authority until the suspension or cancellation procedure under sections 57 to 60 is completed.

    (2)     If the Secretary is satisfied that urgent circumstances exist in respect of an authority, he or she may decide to immediately suspend the authority.

    (3)     On suspending an authority under subsection (2), the Secretary must—

        (a)     notify the authority holder and the relevant practitioner registration board of the immediate suspension; and

        (b)     notify the authority holder about how the authority holder may seek review of the Secretary's decision; and

        (c)     give the authority holder a statement of reasons for the immediate suspension.

    (4)     A notification to the authority holder under subsection (3)(a) and (b) and a statement of reasons under subsection (3)(c) must be—

        (a)     in writing; and

        (b)     given to the authority holder as soon as practicable after the authority holder's authority is suspended.

    (5)     A suspension under subsection (2) takes effect when the authority holder is notified under subsection (3)(a) of the decision to immediately suspend the authority.

    (6)     If the Secretary gives the authority holder a show cause notice under section 57(1) within 14 days after the Secretary suspends an authority under this section, the suspension remains in force until the first of the following occurs—

        (a)     the Secretary cancels the suspension;

        (b)     a decision under section 60 to cancel or suspend the authority takes effect;

        (c)     a decision under section 59 is made not to cancel or suspend the authority.

    (7)     If a show cause notice under section 57(1) is not given to an authority holder within the period referred to in subsection (6), the suspension lapses at the end of that period unless the Secretary has already cancelled the suspension.

    (8)     In this section—

"relevant practitioner registration board" has the same meaning as in section 60(5).