Radiation Protection and Control Regulations 2022 (SA)

South Australia Radiation Protection and Control Regulations 2022 under the Radiation Protection and Control Act 2021

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Interpretation 3 Interpretation 4 Annual effective dose 5 Corresponding laws 6 Mineral processing 7 Radiation facility 8 Radioactive material 9 Identity check 10 Security background check 11 Security enhanced radioactive source Part 3—Authorisations and accreditations Division 1—Radiation management licences 12 Testing for developmental purposes 13 Mining or mineral processing operations 14 Radiation facilities—classes of persons not required to hold licence 15 Transport of radioactive material 16 Possession of radiation source Division 2—Radiation use licences 17 Use or handling of radioactive material 18 Operation of radiation apparatus Division 3—Registration of premises, sealed radioactive sources and radiation apparatus 19 Premises in which unsealed radioactive materials are handled or kept 20 Sealed radioactive sources 21 Radiation apparatus Division 4—Accreditations and authorisations—general provisions 22 Applications, transfers, suspension and cancellation 23 Radiation management plans 24 Holder of accreditation or authorisation to notify Minister on failure of security background check 25 Holder of a radiation use licence to notify Minister on suspension, cancellation, or imposition of conditions on right to practice 26 Prescribed circumstances about which holders of accreditations and authorisations must notify Minister Division 5—Miscellaneous 27 Abandonment of radiation sources—prescribed circumstances 28 Minister's determinations Part 4—Ionising radiation sources Division 1—Preliminary 29 Interpretation Division 2—General requirements 30 Radiation sources to comply with relevant codes 31 Prohibition on operation or use of non-complying radiation source 32 Duties of registered owner of radiation source 33 Duty of operator or user of radiation source 34 Interaction between regulations and relevant codes Division 3—Ionising radiation apparatus Subdivision 1—Sale or disposal of radiation apparatus 35 Application of Subdivision 36 Duty to give Minister notice before selling, installing or maintaining ionising radiation apparatus in course of business 37 Duty to give Minister notice of defective apparatus sold or installed 38 Duty to give Minister notice of changes etc to information supplied about defective apparatus sold or installed 39 Duties of person receiving order for sale of apparatus 40 Duty to give Minister notice of sale or installation of ionising radiation apparatus 41 Duty to give Minister notice of sale or disposal of apparatus 42 Minister's power to require further information 43 Certain apparatus to be made inoperable before sale or disposal Subdivision 2—Special requirements for the short-term hire of ionising radiation apparatus 44 Duties applying in relation to short-term hire of ionising radiation apparatus Subdivision 3—Special requirements for radiation apparatus 45 Prohibition on use of dental radiography apparatus with intra-oral X‑ray tube Division 4—Radioactive materials Subdivision 1—Sale of radioactive materials and devices containing radioactive material 46 Application of Subdivision 47 Duty to give Minister notice before carrying on certain business 48 Duty to give Minister notice of defective registrable device sold or installed in course of business 49 Person selling registrable device to give purchaser certain information 50 Duty to give Minister notice of sale of mobile registrable device 51 Duty to give Minister notice of intention to install fixed registrable device 52 Person supplying registrable device to ensure markings comply with ISO standard 53 Person selling sealed radioactive source required to be registered to supply certification 54 Duty to give Minister notice of sale of registered sealed radioactive source 55 Duty to give Minister notice of sales of radioactive material 56 Minister's power to require additional information 57 Prohibition on selling consumer products 58 Prohibition on selling non-complying ionisation chamber smoke detector Subdivision 2—Special requirements for the short-term hire of sealed radioactive sources 59 Duties applying in relation to short-term hire of sealed radioactive sources Subdivision 3—Accounting for and storage and labelling of radioactive materials 60 Registered occupier of premises in which unsealed radioactive material is kept or handled to maintain register of unsealed radioactive materials 61 Person in possession of sealed radioactive source to maintain register of sealed radioactive sources 62 Storage of sealed radioactive sources and unsealed radioactive materials 63 Person in possession of sealed radioactive source etc to mark doors and entrances to areas where source or unsealed radioactive material kept Subdivision 4—Disposal of radioactive material 64 Application of Subdivision 65 Prohibition on disposal of radioactive material without Minister's approval 66 Application for approval to dispose of unsealed radioactive material 67 Application for approval to dispose of sealed radioactive source 68 Minister's power to require applicant to supply further information 69 Matters to be taken into account by Minister in deciding application for approval 70 Approval of application 71 Minister to notify applicant of decision on application 72 Minister's power to vary or impose conditions during currency of approval 73 Right to apply for reconsideration of decision refusing application or imposing or varying condition Subdivision 5—Special requirements for sealed radioactive sources 74 Design and construction of capsules and source holders 75 Sealed radioactive source to be used in device etc 76 Minister's power to require owner of sealed radioactive source to carry out tests 77 Owner of sealed radioactive source to keep register of location if moved for use 78 Duty of person administering human brachytherapy using sealed radioactive source Part 5—Radiation control—duties of employers and workers Division 1—General provisions 79 Employer to prepare radiation incidents contingency plan 80 Employer to keep certain articles, devices and things in good working order 81 Employer to give worker certain information 82 Employer to consult specified person if required by Minister 83 Duties of worker 84 Display of radiation symbol Division 2—Radiation protection standards and limits 85 Employer to prevent exposures above certain dose limits Division 3—Monitoring 86 Employer to provide for radiation monitoring and dose assessment 87 Minister's power to direct employer to place monitoring equipment on premises where worker employed 88 Minister's power to direct employer to place monitoring equipment on affected premises 89 Minister's power to approve monitoring devices Division 4—Records, reports and investigations 90 Employer to keep personal radiation exposure record for each worker 91 Alteration of personal radiation exposure records 92 Confidentiality of personal radiation exposure records 93 Employer to maintain records of certain measurements 94 Employer to review and investigate exposure of workers to certain ionising radiation doses Division 5—Notifiable radiation incidents 95 Interpretation 96 Worker to report notifiable radiation incidents involving worker 97 Employer to investigate notifiable radiation incidents reported to employer 98 Employer to report notifiable radiation incidents to Minister Division 6—Medical examinations 99 Minister's power to direct employer or worker to undergo medical examination 100 Duties of health practitioner carrying out medical examinations 101 Employer to retain and keep confidential reports etc relating to medical examinations 102 Costs of medical examination to be borne by specified employer Part 6—Irradiation of people for diagnostic, therapeutic or research purposes Division 1—Interpretation 103 Interpretation Division 2—Diagnostic and therapeutic purposes 104 Prohibition on exposures to ionising radiation without authorisation and justification 105 Justification and optimisation of medical, dental and chiropractic procedures 106 Exposure authorisation 107 Duties of persons giving authorisation and carrying out treatment to make records Division 3—Research purposes 108 Prohibition on in vivo research without prior approval Part 7—Prohibition on provision of commercial cosmetic tanning services 109 Prohibition on provision of commercial cosmetic tanning services Part 8—Transport of Radioactive Materials 110 Interpretation 111 Responsibilities of consignors, consignees and carriers 112 Responsibilities of drivers and storekeepers 113 Interference Part 9—Enforcement 114 Civil penalties 115 Powers of authorised officers 116 Warrants Part 10—Miscellaneous 117 Annual report 118 Manner of Minister giving notices, directions 119 Manner of authorised officer giving notice 120 Service 121 Default penalty on failure to pay annual fee 122 Interest on amounts recoverable by Minister under sections 56, 58, and 61 123 Procedure for obtaining Minister's approval to destroy certain documents 124 Release of information obtained in administration of Act—prescribed body 125 Register of accreditations, authorisations, exemptions and permits 126 Notice of defence 127 Office for inspection of documents Schedule 1—Radiation symbol Schedule 2—Relevant codes for radiation sources 1 Interpretation 2 Relevant codes for radiation sources Schedule 3—Notifiable radiation incidents 1 Medical exposures of patients to ionising radiation 2 Incidents that cause or may lead to radiation injuries or radiation doses exceeding the annual dose limits to workers or members of the public 3 Loss or theft of radioactive sources or radiation apparatus 4 Incidents relating to the transport of radioactive material 5 Unintentional or unauthorised discharges of radioactive material into the environment 6 Damage to, or malfunctioning of, radiation apparatus or sealed radioactive source 7 Contamination with, or dispersal of, radioactive material 8 Out of control radiation sources Schedule 4—Exempt apparatus and sources 1 Exemption of apparatus 2 Exemption of radiation sources Schedule 5—Notice of right to elect to be prosecuted Schedule 6—Modifications to Transport Code and International Regulations 1 Modifications to Transport Code 2 Modifications to International Regulations Schedule 7—Repeals and transitional provisions Part 1—Repeals 1 Repeal of Radiation Protection and Control (Ionising Radiation) Regulations 2015 2 Repeal of Radiation Protection and Control (Non-Ionising Radiation) Regulations 2013 3 Repeal of Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2018 Part 2—Transitional provisions 4 Interpretation 5 Permission regarding dose limits 6 Minister's power to require further information 7 Directions to place monitoring equipment on premises 8 Approved monitoring devices 9 Approval to disclose personal radiation exposure records 10 Directions to maintain records of certain measurements 11 Approval to undertake research Legislative history