Radiation Control Amendment Act 2010 (NSW)

Radiation Control Amendment Act 2010 No 91

An Act to amend the Radiation Control Act 1990 to make further provision for the regulation and control of radioactive substances and radiation apparatus; and for other purposes.

1 Name of Act This Act is the Radiation Control Amendment Act 2010.

2 Commencement (1) This Act commences on the date of assent to this Act except as provided by subsection (2). (2) Schedule 1 [1]–[6], [8], [9], [12], [13], [17], [19], [20], [24] and [26] commence on a day or days to be appointed by proclamation.

Schedule 1 Amendment of Radiation Control Act 1990 No 13

[1]–[4] (Repealed)

[5] Parts 2 and 2A Omit Part 2. Insert instead:

Part 2 Licences and accreditations

6 Radiation management licences (1) For the purposes of this Act each of the following persons is a person responsible for regulated material: (a) the owner of the regulated material, (b) any person who is storing, selling or giving away the regulated material, (c) any person who has possession of the regulated material, other than: (i) a person who is the holder of a radiation user licence in respect of the regulated material and who has possession of the regulated material only for the purposes of using the regulated material, or (ii) a person who has possession of the regulated material only for the purposes of transporting the regulated material. (2) A person responsible for regulated material must hold a radiation management licence in respect of the regulated material and must comply with any conditions to which the licence is subject. Maximum penalty: 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case. (3) The Minister may, by notice in writing given to a person, exempt the person from the requirement to hold a radiation management licence. (4) The exemption may be granted unconditionally or subject to conditions and remains in force for the time specified in the notice or until cancelled by the Minister by giving further notice in writing, whichever occurs first. (5) The Minister may seek, and take into consideration, the advice of the Council before making a decision in respect of the granting of an exemption under this section. (6) Each person responsible for regulated material must ensure that the regulated material is not sold, leased or given to, or stored, possessed or used by, any other person unless that other person is the holder of an appropriate licence under this Part in respect of the regulated material. Maximum penalty: 1,500 penalty units in the case of a corporation or 250 penalty units or imprisonment for 2 years, or both, in any other case.