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RADIATION ACT 2005 (NO 62 OF 2005) - SCHEDULE

SCHEDULE

Sch.

Section 147

SAVINGS AND TRANSITIONALS

PART 1—INTRODUCTION

        1.     Definitions

In this Schedule—

"commencement day" means 1 September 2007;

"new RAC" means the Committee;

"old RAC" means the Radiation Advisory Committee appointed under section 108AK of the Health Act 1958 ;

"old radiation provisions" means sections 108AA to 108AK of the Health Act 1958 (as in force immediately before the commencement day);

"old regulations" means the Health (Radiation Safety) Regulations 1994;

"operator licence" has the same meaning as in the old regulations.

        2.         General transitional provision

        Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984 .

        3.     Savings and transitional regulations

The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of the old radiation provisions.

PART 2—THE RADIATION ADVISORY COMMITTEE

        4.     Old RAC abolished

        On the commencement day, the old RAC is abolished and its members go out of office as members.

        5.     The old RAC members become members of new RAC

    (1)     On the commencement day each person who, immediately before that day was a member of the old RAC, becomes a member of the new RAC.

    (2)     A person referred to in sub-clause (1)—

        (a)     holds office as a member of the new RAC for the balance of the term of his or her appointment to the old RAC;

        (b)     holds office as a member of the new RAC on the same terms and conditions as applied to his or her appointment to the old RAC, but may resign or be removed in accordance with Part 10;

        (c)     is eligible for re-appointment to the new RAC at the expiry of his or her term.

        6.     Matters and things commenced by old RAC but not completed before its abolition

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On the commencement day the new RAC may continue or complete any matter or thing commenced by the old RAC as if that matter or thing were commenced by the new RAC under Part 10.

        7.     Annual report

    If, before the commencement day, the old RAC had not made its report on its activities under section 108AK(10) of the Health Act 1958 , the new RAC must make a report on those activities under section 110 as if the activities of the old RAC were the activities of the new RAC.

PART 3—LICENCES

        8.     Operator licences converted to use licences

        On the commencement day, an operator licence issued under section 108AF(2) of the old radiation provisions in force immediately before that day is deemed to be a use licence—

        (a)     subject to     conditions that are the same as only those conditions, limitations or restrictions that applied to the operator licence that are not inconsistent with this Act or the regulations; and

        (b)     with the same date of expiry as the date of expiry of the operator licence.

        9.     Other licences converted to management licences

Subject to clause 11, on the commencement day, a licence issued under section 108AF(2) of the old radiation provisions and referred to in regulation 12 of the old regulations in force immediately before the commencement day is deemed to be a management licence—

        (a)     subject to     conditions that are the same as only those conditions, limitations or restrictions that applied to the relevant licence issued under that section that are not inconsistent with this Act or the regulations; and

        (b)     with the same date of expiry as the date of expiry of the relevant licence issued under that section.

        10.         Certain registrations converted to management licences

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    (1)     Subject to clause 11, on the commencement day, every person in whose name a sealed radio-active source is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a sealed source that is the same as that sealed radio-active source.

    (2)     A management licence deemed to be issued under sub-clause (1) is deemed to—

        (a)     be subject to     conditions that are the same as only those conditions that applied to the registration of the sealed radio-active source that are not inconsistent with this Act or the regulations; and

        (b)     have the same date of expiry as the date of expiry for the registration of the sealed radio-active source.

    (3)     Subject to clause 11, on the commencement day, every person in whose name an ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess an ionising radiation apparatus that is the same as that ionizing radiation apparatus.

    (4)     A management licence deemed to be issued under sub-clause (3) is deemed to—

        (a)     be subject to     conditions that are the same as only those conditions that applied to the registration of the ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and

        (b)     have the same date of expiry as the date of expiry for the registration of the ionizing radiation apparatus.

    (5)     Subject to clause 11, on the commencement day, every person in whose name a non-ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a non-ionising radiation apparatus that is the same as that non-ionizing radiation apparatus.

    (6)     A management licence deemed to be issued under sub-clause (5) is deemed to—

        (a)     be subject to     conditions that are the same as only those conditions that applied to the registration of the non-ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and

        (b)     have the same date of expiry as the date of expiry for the registration of the non-ionizing radiation apparatus.

    (7)     In this clause—

"ionizing radiation apparatus" , "non-ionizing radiation apparatus" and "sealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions.

        11.     Secretary may consolidate two or more management licences

Sch.

    (1)     Subject to this clause, if, because of clause 9 or 10, a person holds 2 or more management licences, the Secretary may cancel those licences and issue one management licence to the person that allows the person to conduct the radiation practices allowed to be conducted under the cancelled licences.

    (2)     Division 3 of Part 6 of this Act does not apply to the cancellation of a management licence under this clause.

    (3)     Division 1 of Part 6 (other than sections 38(c)(ii), 43(2) and  48) applies to the issue of a management licence under this clause as if the management licence had been issued on an application under that Division.

    (4)     The date of expiry of a management licence issued under this clause is the latest date a cancelled licence would have expired but for the cancellation of that licence under this clause.

        12.     Pending licence and registration application decisions at the time of the commencement of this Act

    (1)     On the commencement day—

        (a)     every application under section 108AF of the old radiation provisions for an operator licence in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a use licence and must be dealt with by the Secretary as if it were an application made under section 37;

        (b)     every application under section 108AF of the old radiation provisions for a licence referred to in regulation 12 of the old regulations in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a management licence and must be dealt with by the Secretary as if it were an application made under section 37 ;
Sch.

        (c)     every application under section 108AE of the old radiation provisions for the registration of a relevant apparatus or source in respect of which the Secretary has not made a decision whether to register the relevant apparatus or source, is deemed to be an application under section 37 for a management licence to possess the relevant apparatus or source and must be dealt with by the Secretary as if it were an application made under section 37.

    (2)     In this clause—

"relevant apparatus or source" means an ionizing radiation apparatus, a non-ionizing radiation apparatus of a prescribed class prescribed under the old regulations or a sealed radio-active source;

"ionizing radiation apparatus" , "non-ionizing radiation apparatus" and "sealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions.

PART 4—OTHER

        13.     Certain references in Acts, instruments and other documents to be reconstrued

    (1)     Unless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act (other than this Act) or in any other document of any kind—

        (a)     a reference to Division 2AA of Part 5 of the Health Act 1958 (as in force immediately before the commencement day) is to be taken to be a reference to the Radiation Act 2005 ;

        (b)     a reference to a radio-active substance is to be taken to be a reference to radioactive material;
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        (c)     a reference to a radiation apparatus (within the meaning of section 108AB of the old radiation provisions) is to be taken to be a reference to a radiation apparatus within the meaning of this Act;

        (d)     a reference to an ionizing radiation apparatus is to be taken to be a reference to an ionising radiation apparatus;

        (e)     a reference to a non-ionizing radiation apparatus of a prescribed class is to be taken to be a reference to a non-ionising radiation apparatus;

        (f)     a reference to an unsealed radio-active source is to be taken to be a reference to radioactive material that is not a sealed source;

        (g)     a reference to a sealed radio-active source is to be taken to be a reference to a sealed source;

        (h)     a licence issued under the old radiation provisions is to be taken to be a reference to a licence issued under this Act;

              (i)     a reference to an exemption under the old radiation provisions is to be taken to be a reference to an exemption under section 16.

    (2)     In this clause—

"ionizing radiation apparatus" , "non-ionizing radiation apparatus" , "radio-active substance" , "sealed radio-active source" and "unsealed radio-active source" have the same meaning as in section 108AB of the old radiation provisions.
Sch.

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