Western Australian Current Acts Western Australian Current Acts (1) A person who
—
(a)
administers, or purports to authorise the administration of, any radioactive
substance, or any radiation whether ionising or non-ionising, or any sonic,
infrasonic, or ultrasonic wave, emitted by or produced from a radioactive
substance, irradiating apparatus or electronic produce, to any other person;
or
(b) uses
for the purpose of diagnosis or therapy any radioactive substance, irradiating
apparatus or electronic product on any other person,
commits an offence
unless the provisions of subsection (2) apply.
(2) It shall be a
defence for any person who would otherwise be liable under subsection (1) to
prove that at the material time —
(a) the
person was —
(i)
registered under the Health Practitioner Regulation
National Law (Western Australia) in the chiropractic profession; or
(ii)
registered under the Health Practitioner Regulation
National Law (Western Australia) in the dental profession whose name is
entered on the Dentists Division of the Register of Dental Practitioners kept
under that Law; or
(iii)
registered under the Health Practitioner Regulation
National Law (Western Australia) in the medical profession; or
(iv)
registered under the Health Practitioner Regulation
National Law (Western Australia) in the physiotherapy profession,
and engaged in his or
her professional practice, and was the holder of a relevant licence under this
Act authorising him or her so to do; or
(b) if
the person is not practising in an area of medical radiation technology, he
was lawfully acting under the direction and supervision of a person to whom
paragraph (a) applies;
(ba) he
was —
(i)
a medical radiation practitioner engaged in professional
practice; and
(ii)
the holder of a relevant licence under this Act
authorising him so to do; and
(iii)
acting in accordance with a written request referred to
in section 26(2) or (2a);
(bb) he
was —
(i)
a medical radiation practitioner whose registration was
subject to a condition that his practice in an area of medical radiation
technology be subject to direction and supervision by a person to whom
paragraph (a) or (ba) applies (a supervisor ); and
(ii)
lawfully acting under the direction and supervision of a
supervisor;
or
(c) he
was the holder of an exemption granted under this Act.
[Section 27 amended: No. 21 of 2006 Sch. 3 cl.
5(8); No. 35 of 2010 s. 147.]