Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"approved tester" means a person who holds a tester's approval;
"authorised officer" means a person appointed under section 69 ;
"authority" means—
(a) a facility construction licence;
(b) a management licence;
(c) a use licence;
(d) a tester's approval;
"authority holder" means a licence holder or approved tester;
"certificate of compliance" means a certificate issued under section 33(1) ;
"certificate of examination and analysis" means a certificate completed in accordance with section 88 or 89;
"clean up" includes any measures—
(a) to remove, destroy or otherwise dispose of any radiation source; and
(b) to restore a place to a state as close as practicable to the state it was in immediately before the emission of radiation from a radiation source; and
(c) to assess the nature and extent of the damage and risk caused by any emission of radiation from a radiation source; and
(d) to take any measurement, recording or sample or to prepare any report, plan, drawing or other document, or to make any inspection, calculation, test or analysis relating to the emission of radiation from a radiation source; and
(e) to retain any consultant, contractor, expert, agency or person for the purpose of taking any clean up measures referred to in paragraphs (a) to (d); and
(f) to determine the most appropriate action to take in relation to the measures set out in paragraphs (a) to (e);
"Committee" means the Radiation Advisory Committee established under section 103;
"Department" means the Department of Human Services;
"facility construction licence" means a licence issued under Part 6 allowing the licence holder to construct a radiation facility;
"facility construction licence holder" means a person who holds a facility construction licence;
"ionising radiation" means electromagnetic or particulate radiation capable of producing ions directly or indirectly but does not include electromagnetic radiation of a wavelength of greater than 100 nanometres;
"ionising radiation apparatus" means an apparatus that produces ionising radiation when energised but does not include—
(a) a sealed source apparatus; or
(b) an apparatus that is—
(i) prescribed by the regulations not to be an ionising radiation apparatus; or
(ii) declared not to be an ionising radiation apparatus under section 4;
"licence" means a facility construction licence, a management licence or a use licence;
"licence holder" means a facility construction licence holder, a management licence holder or a use licence holder;
"management licence" means a licence issued under Part 6 allowing the licence holder to conduct the radiation practice specified in that licence;
"management licence holder" means a person who holds a management licence;
"National Directory for Radiation Protection" or "NDRP" means the National Directory for Radiation Protection—
(a) published from time to time by the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth; and
(b) as amended from time to time—
and includes any matter contained in any document, code, standard, guideline, rule, specification or method formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by the National Directory for Radiation Protection whether that document, code, standard, guideline, rule, specification or method is formulated, issued, prescribed or published—
(c) at the time the National Directory for Radiation Protection is published or at any time before then; or
(d) from time to time;
"non-ionising radiation" means electromagnetic radiation of a wavelength of greater than 100 nanometres;
"non-ionising radiation apparatus" means an apparatus that—
(a) produces non-ionising radiation when energised; and
(b) is prescribed by the regulations to be a non-ionising radiation apparatus;
"place" includes a public place, residential premises, a building or a part of a building or a vehicle;
"public place" means a place, or part of a place, that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money;
Examples
Examples of public places include—
(a) streets, roads, footpaths and passages (whether or not on private property);
(b) forecourts of public and commercial buildings;
(c) carparks;
(d) parks, gardens and recreation reserves;
"radiation analyst" means a person appointed under section 112 ;
"radiation apparatus" means an ionising radiation apparatus or non-ionising radiation apparatus;
"radiation facility" means a facility that is prescribed by the regulations to be a radiation facility but does not include—
(a) a mill or facility of the kind described in section 8 of the Nuclear Activities (Prohibitions) Act 1983 ; or
(b) a nuclear reactor or nuclear power reactor within the meaning of the Nuclear Activities (Prohibitions) Act 1983 —
the construction or operation of which is prohibited by section 8 of that Act;
"radiation practice" means any of the following activities—
(a) possessing a radiation source;
(b) selling a radiation source;
(c) transporting radioactive material;
(d) repairing a radiation source;
(e) maintaining a radiation source;
(f) testing a radiation source where that testing does not involve using a radiation source;
(g) mining radioactive material;
(h) processing radioactive material;
(i) disposing of a radiation source;
(j) decommissioning a radiation facility;
(k) procuring or arranging research involving the irradiation of persons;
(l) any activity (not referred to in paragraphs (a) to (k)) conducted in relation to a radiation source that may result in exposing a person or the environment to radiation—
but does not include—
(m) an activity referred to in paragraphs (a) to (l) that is prescribed by the regulations not to be a radiation practice; or
(n) using a radiation source;
Note: A person who carries out an activity referred to paragraphs (b) to (l) during the course of his or her employment is not to be taken to be conducting a radiation practice: see sub-section (2).
"Radiation Protection Principle" means the principle set out in section 7;
"radiation source" means—
(a) radioactive material;
(b) a radiation apparatus;
(c) a sealed source apparatus;
"radioactive material" means—
(a) any material that spontaneously emits ionising radiation that—
(i) has an activity concentration equal to, or greater than, the amount prescribed by the regulations; and
(ii) consists of, or contains, an activity equal to, or greater than, the amount prescribed by the regulations; or
(b) any material that spontaneously emits ionising radiation that—
(i) has an activity concentration, or consists of, or contains, an activity, less than the amount prescribed by the regulations; and
(ii) occurs in prescribed circumstances—
but does not include—
(c) raw material with unmodified concentrations of radionuclides unless that material is prescribed by the regulations to be radioactive material;
(d) material that is—
(i) prescribed by the regulations not to be radioactive material; or
(ii) declared not to be radioactive material under section 4;
"register" means the register established and maintained under section 138;
"sealed source" means radioactive material that is—
(a) permanently sealed in a capsule; or
(b) closely bound and in solid form;
"sealed source apparatus" means an apparatus that produces ionising radiation because it contains a sealed source but does not include an apparatus that is—
(a) prescribed by the regulations not to be a sealed source apparatus; or
(b) declared not to be a sealed source apparatus under section 4 ;
"Secretary" means the Secretary to the Department;
"tester's approval" means an approval issued under Part 6;
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
"use" , in relation to a radiation source, means actual use by a natural person of a radiation source and includes—
(a) the use of radiation emitted from a radiation source;
(b) the injection, or implanting, of radioactive material into a person or animal;
"use licence" means a licence issued under Part 6 allowing the licence holder to use a radiation source;
"use licence holder" means a person who holds a use licence.
(2) For the purposes of this Act, a person who carries out an activity referred to paragraphs (b) to (l) of the definition of "radiation practice" during the course of his or her employment is not to be taken to be conducting a radiation practice.