Radiation Protection Act 2005 (Tas)

Radiation Protection Act 2005

An Act for the protection of people and the environment from harmful radiation, to repeal the Radiation Control Act 1977 , to consequentially amend the Approvals (Deadlines) Act 1993 , to consequentially rescind certain statutory rules and for related purposes [Royal Assent 1 December 2005]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Radiation Protection Act 2005 .

2. Commencement This Act commences on a day to be proclaimed.

3. Objects of Act The objects of this Act are to – (a) ensure the health and safety of people by protecting them from the harmful effects of radiation; and (b) protect the environment from the harmful effects of radiation.

4. Interpretation In this Act, unless the contrary intention appears – amend includes – (a) omit matter; and (b) insert or add matter; and (c) omit matter and substitute other matter; approved form means a form that – (a) is approved by the Director of Public Health; or (b) contains information approved by the Director of Public Health; approved radiation management plan, for a radiation practice, means – (a) a proposed radiation management plan that – (i) accompanies an application for a licence to possess a radiation source to carry out the radiation practice under section 20(1)(b)(ii) ; and (ii) is taken to have been approved by the Director of Public Health for the radiation practice under section 24 ; or (b) that plan as amended or substituted from time to time under section 24 ; authorised officer means a person appointed as an authorised officer, or a person authorised to perform the functions and exercise the powers of an authorised officer, under section 53 ; authority means a licence, certificate of registration or certificate of accreditation; carry out, in relation to a radiation practice, means the actual performance of the radiation practice by a natural person; certificate of accreditation means a certificate of accreditation issued under section 22 that authorises the issue of certificates of compliance; certificate of compliance, in relation to a radiation source or radiation place, means a certificate of compliance issued under section 17 for the radiation source or radiation place; certificate of registration means a certificate of registration that is issued under section 22 for the registration of a place where a radiation source is, or is to be, used or stored; code of practice means the whole or any part of any code of practice, standard, rule, specification or guidelines approved under section 57 ; Council means the Radiation Advisory Council established under section 46 ; Director of Public Health means the person appointed as Director of Public Health under section 6 of the Public Health Act 1997 ; dispose of includes bury, disperse, hire out or lease, transfer ownership of and transfer possession of; dose, in relation to radiation, means the measure of radiation received by a person or thing; dose limit means the maximum dose of radiation a person may receive during a particular period from all radiation practices; enter, in relation to a place, includes to board the place; environment includes – (a) animals and organisms; and (b) ecosystems and their constituent parts; and (c) all natural and physical resources; and (d) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (e) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) , (b) , (c) and (d) ; executive officer, in relation to a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, whether or not – (a) the person is a director of the body corporate; or (b) the person's position is given the name of executive officer; or (c) the person is a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory; false or misleading includes false or misleading because of the omission of a statement or information; ionising radiation has the meaning given by section 5(2) ; licence means a licence issued under section 22 authorising the holder to use, manufacture, sell, acquire, possess, store, transport, install, service, repair, dispose of or otherwise deal with a radiation source; non-ionising radiation has the meaning given by section 5(3) ; occupier, in relation to a place, means – (a) the person in occupation or control of the place; or (b) if the place has different parts occupied or controlled by different persons, the person in occupation or control of the part concerned; place includes vacant land, premises and a vehicle; possess, in relation to a radiation source, means being in control of the radiation source, whether or not another person has the physical custody of the radiation source; premises includes – (a) a building or structure; and (b) land on which a building or structure is situated; and (c) a part of any such building, structure or land; public notice means a notice published in the Gazette and a daily newspaper circulating generally in Tasmania; radiation has the meaning given by section 5(1) ; radiation apparatus has the meaning given by section 6(4) ; radiation place means a place at which a radiation source is, or is to be, stored or used to carry out a radiation practice; radiation practice means any activity, including storage, relating to a radiation source that may result, whether or not intentionally, in exposing a person, the environment or a thing to radiation; radiation protection measures means measures for preventing or minimising the risks of harm to any person or the environment arising from exposure to radiation from the carrying out of a radiation practice; radiation source has the meaning given by section 6(1) and (2) ; radioactive material has the meaning given by section 6(3) ; regulations means regulations made under this Act; review notice, in relation to a decision of the Director of Public Health, means a written notice stating the following: (a) the decision; (b) that the person given the notice may request, in writing, the Director of Public Health to provide him or her with a statement of the reasons for the decision; (c) that the person given the notice may apply for a review of the decision to the Magistrates Court (Administrative Appeals Division) within 28 days after receipt of the notice; sealed source means – (a) radioactive material that is permanently sealed in a capsule; or (b) radioactive material that is in a solid form and that is bound closely – in such a way that the sealing of the capsule or binding of the material is strong enough to prevent leakage of radioactive material under the conditions of use and wear for which the capsule or binding is designed and for foreseeable mishaps; sell includes – (a) auction, exchange or supply; and (b) keep, expose, supply or receive for sale; and (c) send or deliver for sale; and (d) (e) cause or permit the doing of an act mentioned in paragraph (a) , (b) , (c) or (d) ; and (f) offer or attempt to do an act mentioned in paragraph (a) , (b) , (c) or (d) ; and (g) offer or attempt to sell; and (h) cause or permit to be sold; show cause notice means a notice given under section 32 ; statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act of Tasmania, another State, a Territory or the Commonwealth or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or person appointed by a Governor, the Governor-General, a Minister in the government of Tasmania, another State, a Territory or the Commonwealth or another statutory authority; this Act includes the regulations and codes of practice; treated person means a person in respect of whom a radiation source is used to carry out a diagnostic or therapeutic procedure involving the irradiation of that person; use, in relation to a radiation source, includes – (a) use radiation emitted from the radiation source; and (b) if the radiation source is radioactive material, administer to, or inject or implant the material into, a person, animal, plant or thing; and (c) cause the radiation source to emit radiation; vehicle means anything used for transporting any thing or person by land, water or air.