Victorian Numbered Acts

RADIATION ACT 2005 (NO 62 OF 2005) - NOTES

Act No. 62/2005

__________________

Victoria

No. 62 of 2005

Radiation Act 2005^[†]

[Assented to 20 September 2005]

^[†]     Minister's second reading speech—

    Legislative Assembly: 11 August 2005

    Legislative Council: 8 September 2005

    The long title for the Bill for this Act was "to protect the health and safety of persons and the environment from the harmful effects of radiation, to make consequential amendments to the Health Act 1958, the Dangerous Goods Act 1985, the Environment Protection Act 1970, the Magistrates' Court Act 1989, the Nuclear Activities (Prohibitions) Act 1983, the Road Transport (Dangerous Goods) Act 1995 and for other purposes."

INDEX

Subject	Section
Act
amendments to other Acts	140–145
commencement	2
Crown bound by	6
interpretation to promote Radiation Protection Principle	8
purpose	1
savings and transitional provisions	146, 147, Sch.
Approved testers
applications	37, 38, 42, 43
authority holder (def.)	3
certificates of compliance	3, 33–35
compliance with tester's approval	26
conduct of tests	32
current tester's approval must be held	27
definition	3
effect of suspension	63
impersonation of	28
qualifications	42, 46
role	25
tester's approval (def.)	3
Authorised officers
appointment	69
definition	3
examination testing of seized things or places by	89–90
identity cards	70–72, 97
impersonation of	91
not required to hold authorities under Act	137
obstruction, hindrance of	117
powers – general	77
powers in relation to radiation events	93–99
powers of entry	74–76, 96
powers of seizure	82–87, 96
power to direct persons	78, 96
search warrants	79–81
subject to Secretary's direction	73
Authorities
applications	37–38
authority holder (def.)	3
cancellation	48, 53, 56–61
conditions	47, 54, 65, 66
content	50, 55
date of effect	49
definition	3
duration	48
effect of suspension	63
expiry	48, 53
fees	38, 51, 66
Subject	Section
immediate suspension	62
issue	43, 44
further information required	39–42
qualifications	46
refusal to issue	43
refusal to renew	52
relevant health practitioner boards	44, 45, 60, 62
renewal	51–55
return of cancelled authority	61
review of decisions	101–102
show cause notices	57–59, 62
surrender	67
suspension	48, 53, 56–60, 62, 63
variation	65, 66
See also various headings beginning with Licences
Clean up (def.)	3
Committee See Radiation Advisory Committee
Compensation	99, 132, 133
Corporations
offences by	128
Definitions	3, 24, 44, 45, 51, 60, 62, 68, 92, 99, 100, 118, 128, 132, 136, Sch.
Disclosure of information	44, 136
Entry powers	74–76, 96
Evidence	127, 129–131
Facility construction licences See Licences – facility construction
Forfeiture See Seizure
Infringement notices
form	120
late payment	122
payment expiates offence	124
payment not taken as admission of guilt, liability	125
penalties	121
prosecution after service	126
service by Secretary	119
withdrawal by Secretary	123
See also Offences and penalties
Ionising radiation (def.)	3
Ionising radiation apparatus (def.)	3
Licences – Facility construction
definition	3
definition of facility construction licence holder	3
effect of suspension	63
further information required for applications	41
non-compliance with conditions	15
transfer	64
Subject	Section
Licences – General
definition	3
exemptions may be granted by Secretary	16
false representations	17
licence holder (def.)	3
transfer	64
See also Offences and penalties
Licences – Management
contents of authority	50
definition	3
definition of management licence holders	3
effect of suspension	63
exemption from requirement to hold	16
further information required for applications	39
non-compliance with conditions	15
transfer	64
Licences – Use
contents of authority	50
definition	3
definition of use licence holder	3
effect of suspension	63
exemption from requirement to hold	16
further information required for applications	40
information, qualifications to be considered	44
non-compliance with conditions	15
requests for information regarding applicants	45
Management licences See Licences – Management
Minister
powers and duties regarding
Radiation Advisory Committee	104, 105, 107, 111
tabling of declarations	5
National Directory for Radiation Protection (NDRP)	3, 11
Non-ionising radiation (def.)	3
Non-ionising radiation apparatus (def.)	3
Occupiers (def.)	68
Offences and penalties
by corporations	128
definition of prescribed offence	118
false, misleading information	116
proceedings for	129
regarding
approved testers	26–28, 35
authorised officers	78, 91, 96, 117
certificates of compliance	35, 36
licences	15, 17, 61
prescribed radiation sources	36
radiation facilities	14
radiation practice	12
radiation sources	13, 18–23, 115
Subject	Section
Place (def.)	3
Prescribed radiation sources	24, 36
Public places (def.)	3
Radiation Advisory Committee
acting appointments	105
annual report	110–111
assistance by non-committee members	109
consultation	108
definition	3
establishment	103
function	107
membership	104
proceedings	106
removal, resignation	104
remuneration, allowances	104
terms of appointment	104
Radiation analysts
appointment	112
certificates of examination and analysis	131
conditions of appointment	113
definition	3
examination, testing of seized items or samples	88–90
functions	114
revocation of appointment	113
Radiation apparatus (def.)	3
Radiation events
authorisation of emergency powers	93
compensation for loss suffered because of authorisation of emergency powers	99
cost recovery	133
definition	92
extension of time for authorisations	95
powers of authorised officers in relation to	96–98
refusal, failure to comply with directions during	96
use of reasonable force during	98
Radiation facilities
definition	3
prohibition on construction	14
Radiation practice
conduct of	12
definition	3
Radiation Protection Principle	3, 7, 8, 11
Radiation safety standards
date of effect of tests	30
date of effect of standards	29
definition	24
incorporation of documents into	31
specification by Secretary	29
specified radiation safety tests	24, 30–32
Subject	Section
Radiation sources
abandonment	21
certificates of compliance	33–34
declarations by Secretary	4, 5
definition	3
definition of use	3
cause harm to environment	23
cause higher radiation dose	22
notification of loss, theft to Secretary	20
prescribed radiation source (def.)	24
sealed source apparatus (def.)	3
sealed sources (def.)	3
tampering with sealed sources	115
use by unlicensed persons	18
use contrary to licence	19
user must be licensed	13
See also Approved testers; Radiation safety standards
Radioactive material (def.)	3
Register	3, 138
Regulated activities (def.)	68
Regulations	139
Review	100–102
Savings and transitional provisions	146, 147, Sch.
Search warrants	79–81
Secretary
definition	3
disclosure of information	136
functions	9
general powers	10
must have regard to Radiation Protection Principle and NDRP	11
not required to hold authorities under Act	137
powers, duties regarding
annual report	134
authorised officers	69–70, 73
authorities	37–62, 64–67
certificates of compliance	33, 34
compensation, cost recovery	99, 132–133
declarations regarding radiation sources	4, 5
exemptions from holding certain licences	16
forfeiture, destruction of seized items	86–87
infringement notices	119, 122–123
notification of prescribed radiation incidents	135
Radiation Advisory Committee	107
radiation analysts	112, 113
radiation events	93–95, 99
Register	138
review of decisions	101
specification of radiation safety standards	29
specification of radiation safety tests	30
transfer of licences	64
Subject	Section
Seizure
copies of seized documents	83
examination, analysis of samples, things	88–90
extension of retention period by Court	85
forfeiture, destruction of items	86–87
receipts for samples, seized things	82
retention and return of documents, things	84
review of decisions	101–102
Self-incrimination	127
Sentencing Act 1991	131–132
Testers' approvals See Approved testers
Tribunal See Victorian Civil and Administrative Tribunal
Use (def.)	3
Use licences See Licences - Use
Victorian Civil and Administrative Tribunal	102