Western Australian Current Acts

RADIATION SAFETY ACT 1975 - SECT 36

36 .         Conditions, restrictions and limitations on, and revocation or suspension of, licences, exemptions, and registrations

        (1)         A licence or exemption granted or registration effected under this Act shall be subject to such conditions, restrictions or limitations as the Council may impose, and in particular (but without prejudice to the generality of this subsection) may be subject —

            (a)         to any condition, restriction or limitation prescribed as being of general application or applicable to specified circumstances or things; and

            (b)         to conditions, restrictions or limitations relating to —

                  (i)         the kind or nature of radioactive substance to which it applies; and

                  (ii)         the particular irradiating apparatus or electronic product, or the type of apparatus or product, to which it applies; and

                  (iii)         the use to which that substance, apparatus or product may be put; and

                  (iv)         the place or circumstances at or in which it is to have effect; and

                  (v)         the persons who are thereby authorised to use or otherwise deal with the substance, apparatus, or product to which it relates; and

                  (vi)         the use of the premises to which it applies, and any access, plumbing or other matters relating thereto,

                imposed in relation to any particular licence, exemption or registration.

        (2)         A condition, restriction or limitation may be varied from time to time.

        (3)         A person who contravenes or fails to comply with any condition, restriction or limitation imposed by the instrument granting an exemption or in relation to a licence or registration commits an offence.

        (4)         Where a person is convicted of contravening or failing to comply with any condition, restriction or limitation imposed thereon the Council may revoke the licence, exemption or registration.

        (5)         Where the Council is satisfied that it is necessary in the public interest in consequence of a change of circumstance (which may include a change in the information available as to the characteristic of the thing to which the licence or registration relates or as to its safety) the Council may revoke a licence, exemption or registration.

        (6)         Where the Council is satisfied that the public interest so requires the Council may suspend the operation of a licence, exemption or registration for a period of not more than 6 months.

        (7)         Where the Council —

            (a)         refuses an application for, or the renewal of, a licence, exemption or registration; or

            (b)         revokes a licence, exemption or registration; or

            (c)         suspends the operation of a licence, exemption or registration; or

            (d)         imposes any condition, restriction or limitation in relation to a particular licence, exemption or registration,

                the Council shall forthwith notify the applicant, the licensee or person exempted, or the person in whose name the registration was effected and the notification shall be accompanied by a statement in writing of the grounds upon which the decision of the Council was made.

        [Section 36: Correction to Reprint: Gazette 28 Oct 2003 p. 4527.]