{"id":"a-2006-33","name":"Radiation Protection Act 2006","slug":"radiation-protection-act-2006","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"33 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24168,"registerId":"act-a-2006-33-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Radiation Protection Act 2006.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\nThe object of this Act is to protect the health and safety of people,\nand to protect property and the environment, from the harmful effects\nof radiation.\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Radiation protection principle","content":"4 Radiation protection principle\n(1) The radiation protection principle means the principle that people,\nproperty and the environment should be protected from unnecessary\nexposure to radiation through the processes of justification, limitation\nand optimisation for which—\n(a) justification involves assessing whether the benefits of a\nradiation practice, or the use of a radiation source, outweigh the\ndetriment caused by the practice or source; and\n(b) limitation involves setting radiation dose limits, or imposing\nother measures, so that the health risk to anyone, or the risk of\ndamage to property or the environment, from being exposed to\nradiation is below unacceptable levels; and\n(c) optimisation—\n(i) in relation to the conduct of a radiation practice, or the use\nof a radiation source, that may expose a person, property\nor the environment to radiation involves keeping—\n(A) the magnitude of individual doses of, or the number\nof people who may be exposed to, ionising radiation;\nor\n\nPreliminary Part 1\n(B) if the magnitude of individual doses, or the number of\npeople who may be exposed, is uncertain—the\nlikelihood of exposures of ionising radiation\nhappening;\nas low as reasonably achievable taking into account\neconomic, social and environmental factors; and\n(ii) optimising, to a level of cost effectiveness, the conduct of\na radiation practice, or the use of a radiation source, that\nmay expose a person, property or the environment to\nnon-ionising radiation.\n(2) The advisory committee, and anyone else with functions under this\nAct, must have regard to the radiation protection principle in\nexercising a function under this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Dictionary","content":"5 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘radiation source—see\nsection 9 (1).’ means that the term ‘radiation source’ is defined in that\nsubsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Notes","content":"6 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"7 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nImportant terms Part 2\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of radiation and ionising and non-ionising","content":"8 Meaning of radiation and ionising and non-ionising\nradiation\n(1) For this Act, radiation is a phenomena caused naturally, or created\nartificially, that is—\n(a) an electromagnetic waveform, quanta or both; and\n(b) propagated through space or through a material medium.\n(2) Radiation is ionising if it is—\n(a) capable of producing ions directly or indirectly; and\n(b) either—\n(i) particulate radiation; or\n(ii) electromagnetic radiation of a wavelength of\n100 nanometres or less.\n(3) Radiation is non-ionising if it is electromagnetic radiation of a\nwavelength greater than 100 nanometres.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of radiation source etc","content":"9 Meaning of radiation source etc\n(1) A thing is a radiation source if it emits or may emit radiation.\n(2) A radiation source can be a radiation apparatus, a radiation facility or\nradioactive material.\n(3) A radiation apparatus is—\n(a) apparatus that—\n(i) produces radiation when energised; or\n(ii) if assembled or repaired, would be capable of producing\nradiation when energised; or\n(b) a thing prescribed by regulation to be a radiation apparatus.\n\n(4) A radiation facility is a facility prescribed by regulation to be a\nradiation facility.\n(5) Radioactive material is material that spontaneously emits ionising\nradiation as a consequence of nuclear transformations.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of prohibited radiation source and regulated","content":"10 Meaning of prohibited radiation source and regulated\n(1) A radiation source is a prohibited radiation source if it is prescribed\nby regulation to be a prohibited radiation source.\n(2) A radiation source is a regulated radiation source if it is—\n(a) a radiation source (other than a prohibited radiation source) that\nemits or is capable of emitting ionising radiation above the level\nprescribed by regulation; or\n(b) a radiation source prescribed by regulation that emits or is\ncapable of emitting non-ionising radiation.\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of deal with radiation source","content":"11 Meaning of deal with radiation source\n(1) A person deals with a radiation source if the person—\n(a) manufactures the radiation source; or\n(b) possesses the radiation source; or\n(c) supplies the radiation source to someone else; or\n(d) uses the radiation source; or\n(e) disposes of the radiation source; or\n(f) inspects and assesses the safety of the radiation source to ensure\ncompliance with this Act; or\n(g) for radioactive material—stores, packs or transports the\nmaterial.\nNote Dispose of and use are defined in the dictionary.\n\nImportant terms Part 2\n(2) For subsection (1) (b), a person does not possess a radiation source\nonly because, as part of a diagnostic or therapeutic procedure—\n(a) the person, or an animal kept by the person, has been injected\nwith radioactive material; or\n(b) radioactive material has been administered to or implanted in the\nperson or animal in any other way.\n\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"General duty to ensure no harm","content":"12 General duty to ensure no harm\nA person who deals with a regulated radiation source must take all\nreasonable steps to ensure that no harm results to the health or safety\nof people or to property or the environment from radiation emitted\nfrom the radiation source.\nNote 2 For the meaning of deal with a radiation source, see s 11.\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Radiation exposure","content":"13 Radiation exposure\n(1) This section applies to a person who deals with a regulated radiation\n(2) The person must take all reasonable steps to ensure that, if anyone\n(including the person) receives a dose of radiation, the dose must not\nresult in that person receiving doses of radiation during a period that,\nwhen added together, are higher than the dose limit for the period.\n(3) This section does not apply to a dose received by a person from the\ncarrying out of a diagnostic or therapeutic procedure involving the\nirradiation of the person at the request of a health practitioner.\nNote 2 For the meaning of deal with a radiation source, see s 11.\n\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Diagnostic or therapeutic procedures","content":"14 Diagnostic or therapeutic procedures\nA person who uses a regulated radiation source to carry out a\ndiagnostic or therapeutic procedure involving the irradiation of a\nperson (the treated person) at the request of a health practitioner must\nensure that the treated person does not receive a dose of radiation\nfrom the procedure that is not in accordance with the request.\nNote 2 Health practitioner includes a doctor registered under the Health\nPractitioner Regulation National Law (ACT).\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Incorporated documents, approved codes of practice etc","content":"15 Incorporated documents, approved codes of practice etc\nmay be considered\nIn deciding whether a person has complied with a safety duty, an\nincorporated document, or approved code of practice, applying to the\nduty may be considered.\nNote 1 For the meaning of safety duty, see s 52.\nNote 2 For the meaning of incorporated document and approved code of\npractice, see the dictionary.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Application for licence","content":"16 Application for licence\n(1) A person may apply to the chief health officer for a licence to deal\nwith a regulated radiation source.\n(2) The application must—\n(b) include any information prescribed by regulation.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n\n(3) The chief health officer may, by written notice, require an applicant\nfor a licence to give the chief health officer more information—\n(a) that the chief health officer reasonably needs to decide the\napplication; and\n(b) within a stated time.\nExamples—more information\n1 information about the proposed dealings under the licence\n2 information about the applicant’s skills and qualifications\n(4) If the applicant does not comply with a requirement in the notice, the\nchief health officer may refuse to issue the licence.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Decision about licence application","content":"17 Decision about licence application\n(1) If a person applies for a licence, the chief health officer must—\n(a) issue the licence; or\n(b) refuse to issue the licence.\nNote A licence may be issued with a condition (see s 19).\n(2) The chief health officer may issue the licence to the applicant, only if\nsatisfied that the applicant is a suitable person to hold the licence in\naccordance with section 17A.\n(3) The chief health officer must refuse to issue the licence if satisfied it\nis not in the public interest to issue the licence.\n(4) In considering the public interest under subsection (3), the chief\nhealth officer must consider the risk of a dose limit being exceeded.\n(5) Subsection (4) does not limit the matters the chief health officer may\nconsider relevant to the public interest.\n\n","sortOrder":15},{"sectionNumber":"17A","sectionType":"section","heading":"Suitable person to hold licence","content":"17A Suitable person to hold licence\n(1) In deciding whether an applicant is a suitable person to hold a licence,\nthe chief health officer must consider the following:\n(a) whether the applicant has the knowledge, skills and experience\nto safely deal with the regulated radiation source the subject of\nthe application;\n(b) for an applicant who is, or was, a licensee under this Act, or a\ncorresponding law—\n(i) whether any conditions were imposed on the licence; and\n(ii) if a condition was imposed on the licence—whether the\napplicant failed to comply with the condition; and\n(iii) whether the applicant was given an improvement notice or\nprohibition notice; and\n(iv) whether any disciplinary action was taken against the\napplicant; and\n(v) whether the licence was amended or cancelled;\n(c) whether the applicant has been convicted or found guilty of an\noffence against a law that relates to the applicant’s ability to\nsafely deal with a radiation source, including this Act or a\ncorresponding law;\nExamples—law that relates to applicant’s ability to safely deal with\n1 the Dangerous Substances Act 2004\n2 the Health Practitioner Regulation National Law (ACT)\n3 the Veterinary Practice Act 2018\n(d) any other information prescribed by regulation.\n\n(2) If the applicant is a corporation, the chief health officer must also\nconsider the matters mentioned in subsection (1) for each influential\nperson for the corporation.\n(3) The chief health officer may consider anything else the chief health\nofficer considers relevant.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Form of licence","content":"18 Form of licence\n(1) A licence must—\n(b) include the following information:\n(i) the full name and address of the licensee;\n(ii) a unique identifying number;\n(iii) the term of the licence;\n(iv) any conditions on the licence;\n(v) any other information prescribed by regulation; and\n(c) identify or describe—\n(i) each regulated radiation source to which the licence applies\n(the relevant source); and\n(ii) each kind of dealing authorised by the licence in relation to\neach relevant source.\n(2) The licence may include any other information the chief health officer\nconsiders relevant.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Licence conditions","content":"19 Licence conditions\nA licence is subject to—\n(a) any condition the chief health officer imposes when issuing the\nlicence; and\n(b) any other condition prescribed by regulation.\nExamples—par (a)\n1 compliance with an approved code of practice or standard\n2 compliance with a national incident reporting framework\n3 compliance with particular requirements of inspection and reporting\n4 compliance with particular security procedures\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Term of licence","content":"20 Term of licence\nThe chief health officer may issue a licence for not longer than\n3 years.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Offence—fail to update name or address","content":"21 Offence—fail to update name or address\n(a) is a licensee; and\n(b) changes their name or address from the name or address\nmentioned in the licence; and\n(c) does not tell the chief health officer, in writing, about the change\nwithin 14 days after the day the change happens.\n\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Amendment of licence by chief health officer","content":"22 Amendment of licence by chief health officer\n(1) The chief health officer may amend a licence at any time and on the\nchief health officer’s own initiative.\n1 changing a dealing with a radiation source authorised under a licence\n2 imposing a condition on a licence\n3 amending an existing condition of the licence\n(2) However, the chief health officer may take action under this section\n(a proposed action) only if—\n(a) the chief health officer has given the licensee written notice of\nthe proposed action; and\n(b) the notice states that written comments on the proposed action\nmay be made to the chief health officer before the end of a stated\nperiod of at least 14 days after the day the notice is issued to the\nperson; and\n(c) the chief health officer has considered any comments made\nbefore the end of the stated period.\n(3) Subsection (2) does not apply if the licensee applied for, or agreed in\nwriting to, the action.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Amendment of licence on application","content":"23 Amendment of licence on application\n(1) A licensee may apply to the chief health officer to amend the\nlicensee’s licence.\n1 changing a dealing with a radiation source authorised under the licence\n2 amending a licence condition\n3 removing a licence condition\n(2) The chief health officer may, by written notice, require the licensee\nto give the chief health officer more information the chief health\nofficer reasonably needs to decide the application.\n\n(3) If the licensee does not comply with a requirement under\nsubsection (2), the chief health officer may refuse to consider the\napplication.\n(4) In deciding whether to amend the licence, the chief health officer may\nconsider anything the chief health officer may consider under\nsection 17 in relation to an application for a licence.\n(5) On an application by a licensee to amend a licence, the chief health\nofficer must—\n(a) amend the licence in the way applied for; or\n(b) refuse to amend the licence.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Automatic cancellation of licence","content":"24 Automatic cancellation of licence\n(a) a licence is in force in relation to a regulated radiation source;\nand\n(b) the radiation source becomes a prohibited radiation source.\n(2) The licence is automatically cancelled.\n(3) The chief health officer must give written notice to the person who\nwas the licensee within 7 days after the day the licence is cancelled.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Application for registration of radiation source","content":"25 Application for registration of radiation source\n(1) The owner of a regulated radiation source may apply to the chief\nhealth officer to register the radiation source.\n(2) The application must—\n(b) include a radiation management plan, for the radiation source,\nin accordance with section 33C; and\n\n(c) include any other information prescribed by regulation.\nNote Giving false or misleading information is an offence against the Criminal\nCode, s 338.\n(3) The chief health officer may, by written notice, require the applicant\nto give the chief health officer more information—\n(a) that the chief health officer reasonably needs to decide the\napplication; and\n(b) within a stated time.\nExample—more information\nhow people, property and the environment will be protected from unnecessary\nexposure to radiation from a radiation source\n(4) The chief health officer may, by written notice, require that an\napplicant amend a radiation management plan included in an\napplication if the chief health officer is satisfied that the plan does not\nadequately address the requirements under section 33C.\n(5) If an applicant does not comply with a requirement under\nsubsection (3) or (4), the chief health officer may refuse to register\nthe radiation source.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Decision about radiation source registration application","content":"26 Decision about radiation source registration application\n(1) If a person applies for registration of a regulated radiation source, the\nchief health officer must—\n(a) register the radiation source; or\n(b) refuse to register the radiation source.\n(2) In deciding whether to register the regulated radiation source, the\nchief health officer must consider—\n(a) whether the person is a suitable person to own a regulated\nradiation source in accordance with section 26A; and\n\n(b) whether it is in the public interest that the regulated radiation\nsource be registered; and\n(c) anything the chief health officer considers relevant in relation to\nthe person’s ability to comply with this Act; and\n(d) any criteria prescribed by regulation.\n(3) The chief health officer must refuse to register the regulated radiation\nsource if the chief health officer is not satisfied of either matter\nmentioned in subsection (2) (a) or (b).\n(4) If the chief health officer refuses to register the regulated radiation\nsource, the chief health officer must tell the person about the decision\nas soon as practicable, but not later than 7 days, after the day the chief\nhealth officer makes the decision.\n","sortOrder":25},{"sectionNumber":"26A","sectionType":"section","heading":"Suitable person to own registered regulated radiation","content":"26A Suitable person to own registered regulated radiation\n(1) In deciding whether an applicant is a suitable person to own a\nregistered regulated radiation source, the chief health officer must\nconsider the following:\n(a) whether the applicant can satisfy any relevant requirements set\nout in the national directory;\n(b) for an applicant who is, or was, a registered owner under this\nAct or a corresponding law—\n(i) whether any conditions were imposed on the registration;\nand\n(ii) if a condition was imposed on the registration—whether\nthe applicant failed to comply with the condition; and\n(iii) whether the applicant was given an improvement notice or\nprohibition notice or the equivalent of such a notice; and\n(iv) whether any disciplinary action was taken against the\napplicant; and\n\n(v) whether the registration was amended or cancelled;\n(c) whether the applicant has been convicted or found guilty of an\noffence against a law that relates to the applicant’s ability to\nsafely deal with a radiation source, including this Act or a\ncorresponding law;\nExamples—law that relates to applicant’s ability to safely deal with\n1 the Dangerous Substances Act 2004\n2 the Health Practitioner Regulation National Law (ACT)\n3 the Veterinary Practice Act 2018\n(d) any other information prescribed by regulation.\n(2) If the applicant is a corporation, the chief health officer must also\nconsider the matters mentioned in subsection (1) for each influential\nperson for the corporation.\n(3) The chief health officer may consider anything else the chief health\nofficer considers relevant.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Form of registration","content":"27 Form of registration\n(1) The registration of a regulated radiation source must—\n(b) include the following information:\n(i) the full name and address of the person to whom the\nregistration is granted;\n(ii) a description or identification of the radiation source;\n(iii) each place where the radiation source may be kept;\n(iv) the term of the registration;\n(v) any conditions on the registration.\n(2) The person mentioned in subsection (1) (b) (i) is the registered owner\nof the registered regulated radiation source.\n\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Registration conditions","content":"28 Registration conditions\n(1) The registration of a regulated radiation source is subject to—\n(a) any condition the chief health officer imposes when registering\na regulated radiation source; and\n(b) any other condition prescribed by regulation.\nExamples—conditions imposed on registration\n1 compliance with an approved code of practice or standard\n2 compliance with a national incident reporting framework\n3 compliance with particular requirements of inspection and reporting\n4 compliance with particular security procedures\n5 requirement to tell chief health officer if radiation source is transported\n(2) Also, registration of a regulated radiation source is subject to a\ncondition that the registered owner of the regulated radiation\nsource—\n(a) has in place, a radiation management plan in accordance with\nthe registration for the radiation source; and\n(b) employs or retains at least 1 radiation safety officer in\naccordance with the radiation management plan for the radiation\n(c) ensures the radiation source operates in accordance with an\napproved code of practice for the radiation source.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Term of registration","content":"29 Term of registration\nThe chief health officer may register a regulated radiation source for\nnot longer than 3 years.\n\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Registered owner must update details","content":"30 Registered owner must update details\n(a) is a registered owner of a regulated radiation source; and\n(b) changes their name or address from the name or address\nmentioned in the registration; and\n(c) does not tell the chief health officer, in writing, about the change\nwithin 14 days after the day the change happens.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Amendment of registration by chief health officer","content":"31 Amendment of registration by chief health officer\n(1) The chief health officer may amend a registration at any time and on\nthe chief health officer’s own initiative.\n1 changing a requirement about how the radiation source is to be kept\n2 imposing a condition on a registration\n3 amending an existing condition of a registration\n(2) However, the chief health officer may only amend a registration\nunder this section if—\n(a) the chief health officer has given the registered owner of the\nregulated radiation source written notice of the proposed\namendment; and\n(b) the notice states that written comments on the proposed\namendment may be made to the chief health officer before the\nend of a stated period of at least 14 days after the day the notice\nis issued to the person; and\n(c) the chief health officer has considered any comments made\nbefore the end of the stated period.\n\n(3) Subsection (2) does not apply if the registered owner applied for, or\nagrees in writing to, the proposed amendment.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Amendment of registration on application","content":"32 Amendment of registration on application\n(1) A registered owner of a radiation source may apply to the chief health\nofficer to amend a registration.\n1 changing a dealing with a radiation source authorised under the licence\n2 amending a registration condition\n3 removing a registration condition\n(2) The chief health officer may, by written notice, require the registered\nowner to give the chief health officer additional information the chief\nhealth officer considers reasonably necessary to decide the\napplication.\n(3) If the registered owner does not comply with a requirement under\nsubsection (2), the chief health officer may refuse to amend the\nregistration.\n(4) In deciding whether to amend the registration, the chief health officer\nmay consider anything the chief health officer may consider under\nsection 25 in relation to an application for a registration of a regulated\nradiation source.\n(5) On application by a registered owner of a regulated radiation source\nto amend a registration, the chief health officer must—\n(a) amend the registration; or\n(b) refuse to amend the registration.\n\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Automatic cancellation of registration","content":"33 Automatic cancellation of registration\n(a) a registration is in force in relation to a radiation source that is a\nregulated radiation source; and\n(b) the radiation source becomes a prohibited radiation source.\n(2) The registration of the radiation source is automatically cancelled.\n(3) The chief health officer must give written notice to the person who\nwas the registered owner within 7 days after the day the registration\nis cancelled.\n","sortOrder":33},{"sectionNumber":"33A","sectionType":"section","heading":"Radiation register","content":"33A Radiation register\n(1) The chief health officer must keep a register of the following:\n(a) a licence issued under section 17;\n(b) a radiation source registered under section 26;\n(c) anything else prescribed by regulation.\n(2) The register must include the following information:\n(a) for a licence—\n(i) the full name of the licensee; and\n(ii) the unique identifying number for the licence; and\n(iii) the dealings authorised by the licence; and\n(iv) the term of the licence; and\n(v) any conditions on the licence; and\n(vi) any disciplinary action taken against the licensee; and\n(vii) any other information prescribed by regulation;\n\nRadiation management plan Division 3.3B\n(b) for registration of a regulated radiation source—\n(i) the serial number or other unique identifying number for\nthe radiation source; and\n(ii) the kind of radiation source; and\n(iii) the term of the registration; and\n(iv) any conditions on the registration; and\n(v) any disciplinary action taken against the registered owner;\nand\n(vi) any other information prescribed by regulation.\n(3) The register may include any other information that the chief health\nofficer considers appropriate.\n(4) The chief health officer may make the information mentioned in\nsubsection (2) (a) and (b) available for public inspection if satisfied it\nis in the public interest for the information to be publicly available.\n(5) The chief health officer may correct a mistake, error or omission in\nthe register.\n","sortOrder":34},{"sectionNumber":"33B","sectionType":"section","heading":"Meaning of radiation management plan","content":"33B Meaning of radiation management plan\nradiation management plan, for a regulated radiation source, means\na plan about how to safely deal with a radiation source.\n","sortOrder":35},{"sectionNumber":"33C","sectionType":"section","heading":"Radiation management plan","content":"33C Radiation management plan\nA radiation management plan for a regulated radiation source must—\n(a) include the following information:\n(i) the proposed dealings with the radiation source;\n\n(ii) the proposed location of the radiation source, including\nhow and where it will be stored;\n(iii) the potential hazards associated with the radiation source;\n(iv) security measures that will be in place to prevent\nunauthorised dealings with, or access to, the radiation\nsource;\n(v) the proposed safety measures for dealing with the radiation\nsource, including how the radiation source will be\ntransported or disposed of;\n(vi) details of each radiation safety officer for the plan,\nincluding each radiation safety officer’s qualifications in\naccordance with section 33E;\n(vii) any other information prescribed by regulation; and\n(b) provide details about how the plan will ensure that dealings with\nthe radiation source—\n(i) will protect the health and safety of people, property and\nthe environment; and\n(ii) comply with the safety duties under division 3.1.\n","sortOrder":36},{"sectionNumber":"33D","sectionType":"section","heading":"Meaning of radiation safety officer","content":"33D Meaning of radiation safety officer\nradiation safety officer, for a radiation management plan, means a\nperson who, in giving effect to the plan, does the following in relation\nto a radiation source mentioned in the plan:\n(a) identifies ways of minimising the potential associated hazards;\n(b) provides or arranges training for radiation safety and handling;\n(c) monitors safety and security measures;\n(d) anything else prescribed by regulation.\n\n","sortOrder":37},{"sectionNumber":"33E","sectionType":"section","heading":"Qualifications of radiation safety officer","content":"33E Qualifications of radiation safety officer\n(1) The chief health officer may determine a qualification required for a\nradiation safety officer under this Act.\n(2) A determination may apply, adopt or incorporate a law of another\njurisdiction or an instrument as in force from time to time.\n(3) A determination is a notifiable instrument.\n","sortOrder":38},{"sectionNumber":"Div 3","sectionType":"division","heading":"3C Improvement notices and prohibition","content":"Division 3.3C Improvement notices and prohibition\nnotices\n","sortOrder":39},{"sectionNumber":"33F","sectionType":"section","heading":"Improvement notices","content":"33F Improvement notices\n(1) This section applies if an authorised person believes on reasonable\ngrounds that—\n(a) a licensee or a registered owner of a regulated radiation source—\n(i) is contravening a provision of this Act; or\n(ii) has contravened a provision of this Act; and\n(b) the contravention relates to a dealing with a regulated radiation\n(2) The authorised person may, by written notice (an improvement\nnotice), require the licensee or registered owner to—\n(a) remedy the contravention; or\n(b) prevent a likely contravention from occurring; or\n(c) remedy the cause of the contravention or likely contravention.\n\n(3) The chief health officer may, by written notice, require the registered\nowner to amend the registered owner’s radiation management plan if\nthe chief health officer is satisfied—\n(a) the subject of the improvement notice relates to a matter under\nthe radiation management plan; and\n(b) the plan does not adequately address the matter.\n","sortOrder":40},{"sectionNumber":"33G","sectionType":"section","heading":"Contents of improvement notices","content":"33G Contents of improvement notices\n(1) An improvement notice—\n(a) must state—\n(i) that it is an improvement notice under this Act; and\n(ii) the provision of this Act to which it relates; and\n(iii) details of the contravention; and\n(iv) the period for compliance with the notice (the compliance\nperiod); and\n(b) may state particular action to be taken by the licensee or\nregistered owner to ensure compliance with the provision of this\nAct to which the notice relates.\n(2) An authorised person may extend the compliance period—\n(a) on the authorised person’s own initiative; or\n(b) if the licensee or registered owner asks the authorised person, in\nwriting, for more time to comply with the notice.\n","sortOrder":41},{"sectionNumber":"33H","sectionType":"section","heading":"Prohibition notices","content":"33H Prohibition notices\n(a) a licensee or registered owner of a regulated radiation source has\nfailed to comply with an improvement notice within the\ncompliance period in relation to the notice; or\n\n(b) an authorised person believes on reasonable grounds that—\n(i) a licensee or a registered owner of a regulated radiation\nsource—\n(A) is contravening a safety duty; or\n(B) has contravened a safety duty, and the contravention\nis likely to continue or repeat; and\n(ii) the contravention poses a serious or immediate risk to—\n(A) the health or safety of people; or\n(B) property; or\n(C) the environment.\n(2) The authorised person may prohibit, by oral or written notice\n(a prohibition notice), the licensee or registered owner doing any of\nthe following:\n(a) dealing with a stated regulated radiation source or stated kind of\nregulated radiation source;\n(b) for a registered owner of a regulated radiation source—allowing\nanother person to deal with the regulated radiation source;\n(c) anything else in relation to a regulated radiation source.\n(3) If the prohibition notice is given orally, the authorised person must—\n(a) make a written record of the notice as soon as practicable, but\nnot later than 1 business day after the day the notice is given;\nand\n(b) give a copy of the written record to the licensee or registered\nowner as soon as practicable.\n\n","sortOrder":42},{"sectionNumber":"33I","sectionType":"section","heading":"Contents of prohibition notices","content":"33I Contents of prohibition notices\nA prohibition notice—\n(a) must state—\n(i) that it is a prohibition notice under this Act; and\n(ii) if the prohibition notice is in relation to a failure to comply\nwith an improvement notice—details of the failure to\ncomply; and\n(iii) if the prohibition notice is in relation to a failure to comply\nwith a safety duty—the safety duty and details of the\nfailure to comply; and\n(iv) the thing that the licensee or registered owner is prohibited\nfrom doing; and\n(b) may state—\n(i) particular action to be taken by the licensee or registered\nowner to ensure compliance with the improvement notice\nor safety duty to which the notice relates; and\n(ii) that the notice remains in effect until the licensee or\nregistered owner is given a clearance notice.\n","sortOrder":43},{"sectionNumber":"33J","sectionType":"section","heading":"Clearance notices","content":"33J Clearance notices\n(1) This section applies if an authorised person—\n(a) gave a prohibition notice to a licensee or registered owner of a\nregulated radiation source; and\n\n(b) is satisfied on reasonable grounds that—\n(i) if the prohibition notice was in relation to a failure to\ncomply with an improvement notice—the licensee or\nregistered owner has complied with the improvement\nnotice; or\n(ii) if the prohibition notice was in relation to a failure to\ncomply with a safety duty—the licensee or registered\nowner has complied with the safety duty.\n(2) The authorised person must give the licensee or registered owner\nwritten notice (a clearance notice) that the prohibition notice has\nended and when the notice ends.\n","sortOrder":44},{"sectionNumber":"33K","sectionType":"section","heading":"Contravention of improvement notice and prohibition","content":"33K Contravention of improvement notice and prohibition\nnotice\n(a) is a licensee or a registered owner of a regulated radiation\n(b) is given an improvement notice; and\n(c) fails to comply with the improvement notice.\n(2) A person commits an offence if the person—\n(a) is a licensee or a registered owner of a regulated radiation\n(b) is given a prohibition notice; and\n(c) fails to comply with the prohibition notice.\nMaximum penalty: 400 penalty units.\n\n","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Grounds for disciplinary action","content":"34 Grounds for disciplinary action\n(1) Each of the following is a ground for disciplinary action against a\nlicensee:\n(a) the licensee gave information to the chief health officer in\nrelation to the application for, or an application for amendment\nof, the licensee’s licence that was false or misleading in a\nmaterial particular;\n(b) the licensee has contravened, or is contravening, this Act,\nwhether or not the licensee has been convicted or found guilty\nof an offence for the contravention;\n(c) the licensee has contravened, or is contravening, a territory law\n(other than this Act) or a law of the Commonwealth, a State or\nanother Territory, whether or not the licensee has been convicted\nor found guilty of an offence for the contravention.\n(2) Each of the following is a ground for disciplinary action against a\nregistered owner of a regulated radiation source:\n(a) the registered owner gave information to the chief health officer\nin relation to the application for, or an application for\namendment of, the registration of the radiation source that was\nfalse or misleading in a material particular;\n(b) the registered owner has contravened, or is contravening, this\nAct, whether or not the registered owner has been convicted or\nfound guilty of an offence for the contravention;\n(c) the registered owner has contravened, or is contravening, a\nterritory law (other than this Act) or a law of the\nCommonwealth, a State or another Territory, whether or not the\nregistered owner has been convicted or found guilty of an\noffence for the contravention.\n\n","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Disciplinary action","content":"35 Disciplinary action\n(1) Each of the following is disciplinary action when taken against a\nperson who is a licensee:\n(a) reprimanding the person;\n(b) requiring the person to complete a stated course of training to\nthe satisfaction of the chief health officer or another stated\n(c) amending the licence, including by imposing a condition on the\nlicence or amending an existing condition of the licence;\n(d) suspending the licence, or a particular authorised dealing under\nthe licence—\n(iii) until a stated event happens;\n(e) cancelling the licence;\n(f) cancelling the licence and disqualifying the person from\napplying for a licence, or a particular kind of licence in relation\nto a radiation source—\n(iii) until a stated event happens.\n(2) Each of the following is disciplinary action when taken against a\nperson who is the registered owner of a radiation source:\n(a) reprimanding the person;\n\n(b) requiring the person to complete a stated course of training to\nthe satisfaction of the chief health officer or another stated\n(c) amending the registration, including by imposing a condition on\nthe registration or amending an existing condition of the\nregistration;\n(d) suspending the registration—\n(iii) until a stated event happens;\n(e) cancelling the registration;\n(f) cancelling the registration and disqualifying the person from\napplying for a registration, or registration of a particular kind of\nradiation source—\n(iii) until a stated event happens.\n","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"Taking disciplinary action","content":"36 Taking disciplinary action\n(1) If the chief health officer proposes to take disciplinary action in\nrelation to a person, the chief health officer must give the person a\nwritten notice (a disciplinary notice) that—\n(a) states the proposed action (including any proposed\ndisqualification period, suspension period or amendment of a\nlicence); and\n(b) states the grounds for the proposed action; and\n\n(c) tells the person that the person may, not later than 14 days after\nthe day the person receives the notice, give a written response to\nthe chief health officer about the notice.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) In deciding whether to take disciplinary action, the chief health\nofficer must consider any response given to the chief health officer\nby the person in accordance with the notice.\n(3) The chief health officer may take the proposed disciplinary action in\nrelation to the person if satisfied that—\n(a) a ground for taking disciplinary action has been established in\nrelation to a person; and\n(b) if the ground is a ground mentioned in section 34 (1) (c) or\n(2) (c)—it is in the public interest for the proposed disciplinary\naction to be taken in relation to the person.\n(4) The chief health officer must give the person written notice of the\nchief health officer’s decision.\n(5) Disciplinary action under this section takes effect 14 days after the\nday when the notice of the decision is given to the person or, if the\nnotice states a later date of effect, that date.\nNote For the return of the licence to the chief health officer, see s 40.\n","sortOrder":48},{"sectionNumber":"37","sectionType":"section","heading":"Immediate suspension of licence or registration","content":"37 Immediate suspension of licence or registration\n(1) This section applies if the chief health officer has given, or is\nconsidering whether to give, a disciplinary notice to a licensee or\nregistered owner of a regulated radiation source on a ground on which\ndisciplinary action may be taken against the licensee or registered\nowner (the relevant disciplinary ground).\n\n(2) The chief health officer may give the licensee or registered owner a\nwritten notice (an immediate suspension notice) suspending the\nlicence, a particular authorised dealing under the licence or the\nregistration on the relevant disciplinary ground.\nNote 1 Authorised dealing is defined in the dictionary.\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n(3) However, the chief health officer may give the licensee or registered\nowner an immediate suspension notice on the relevant disciplinary\nground only if—\n(a) the chief health officer has taken into account the circumstances\nleading to the decision to give or consider giving the disciplinary\nnotice; and\n(b) the chief health officer believes, on reasonable grounds, that it\nis in the public interest that the licence, authorised dealing or\nregistration be suspended before a decision is made whether or\nnot to take disciplinary action against the licensee under\nsection 36 on the relevant disciplinary ground.\n(4) If an immediate suspension notice is given to the licensee or\nregistered owner, the suspension takes effect when the notice is given\nto the licensee or registered owner.\nNote For the return of the licence to the chief health officer, see s 40.\n(5) If the licensee or registered owner is given an immediate suspension\nnotice but has not been given a disciplinary notice on the relevant\ndisciplinary ground, the chief health officer must, as soon as possible,\ngive a disciplinary notice to the licensee or registered owner or tell\nthe licensee or registered owner in writing that a disciplinary notice\nwill not be given to the licensee or registered owner in relation to that\nground.\n\n(6) The immediate suspension notice ends when the earliest of the\nfollowing happens:\n(a) if the licence or registration is cancelled or suspended under\nsection 36, or a particular authorised dealing is suspended under\nthat section on the relevant disciplinary ground—the\ncancellation or suspension takes effect;\n(b) if a condition is imposed on the licence or registration, or an\nexisting condition of the licence or registration is amended,\nunder section 36 on the relevant disciplinary ground—the\ncondition or amended condition takes effect;\n(c) the person is given written notice under section 36 (4) of the\ndecision in relation to the relevant disciplinary ground;\n(d) the period of 8 weeks after the suspension under the notice takes\neffect ends.\n","sortOrder":49},{"sectionNumber":"38","sectionType":"section","heading":"Effect of suspension of licence or dealing","content":"38 Effect of suspension of licence or dealing\n(1) If a licence is suspended, the licence does not authorise the licensee\nto carry on any activity under the licence during the suspension.\n(2) If an authorised dealing under a licence is suspended, the licence—\n(a) does not authorise the licensee to carry out that dealing under\nthe licence during the suspension; and\n(b) is taken to be amended under this part to the extent necessary to\ngive effect to the suspension.\n","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Effect on licensee of suspension of registration","content":"39 Effect on licensee of suspension of registration\nIf the registration of a regulated radiation source is suspended, a\nperson who holds a licence to deal with the radiation source is taken\nnot to hold a licence to deal with the radiation source in any way\n(other than possessing the radiation source) during the suspension.\n\n","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Return of amended, suspended or cancelled licences","content":"40 Return of amended, suspended or cancelled licences\n(1) A licensee commits an offence if—\n(a) the licensee’s license is—\n(i) amended under section 22 (Amendment of licence by chief\nhealth officer); or\n(ii) amended under section 23 (Amendment of licence on\napplication); or\n(iii) cancelled under section 24 (Automatic cancellation of\nlicence); or\n(iv) amended, suspended or cancelled under this division; and\n(b) the licensee fails to return the licence to the chief health officer\nas soon as practicable (but not later than 7 days) after the day the\nlicensee is told about the chief health officer’s action.\n","sortOrder":52},{"sectionNumber":"41","sectionType":"section","heading":"Action by chief health officer in relation to amended,","content":"41 Action by chief health officer in relation to amended,\nsuspended or cancelled licence\n(1) If a licence that is amended under this part is returned to the chief\nhealth officer, the chief health officer must—\n(a) amend the licence and return it to the licensee; or\n(b) give the licensee a replacement licence that includes the\namendment.\nNote A licence is taken to be amended if an authorised dealing under the\nlicence is suspended (see s 38 (2)).\n(2) If a licence is suspended under this part and the suspension ends\nbefore the end of the term of the licence, the chief health officer must\nreturn the licence to the licensee.\n\nAbandoning a radiation source Division 3.5\nDivision 3.5 Abandoning a radiation source\n","sortOrder":53},{"sectionNumber":"42","sectionType":"section","heading":"Prohibition on abandoning radiation source","content":"42 Prohibition on abandoning radiation source\nA person must not abandon a regulated radiation source.\nMaximum penalty: 1 000 penalty units, 3 years imprisonment or\n","sortOrder":54},{"sectionNumber":"43","sectionType":"section","heading":"Procedure if radiation source abandoned","content":"43 Procedure if radiation source abandoned\n(1) If the chief health officer believes, on reasonable grounds, that a\nregulated radiation source has been abandoned, the chief health\nofficer—\n(a) may direct an authorised person to take possession of the\nradiation source; or\n(b) may ask someone else to take possession and dispose of the\nradiation source.\n(2) If an authorised person takes possession of a regulated radiation\nsource under subsection (1) (a), the authorised person may do 1 or\n(a) keep possession of the radiation source until legal proceedings\nagainst a person in relation to the abandonment are finally dealt\nwith;\n(b) destroy the radiation source;\n(c) otherwise make the radiation source harmless;\n(d) dispose of the radiation source.\n(3) If a person is asked under subsection (1) (b) to take possession and\ndispose of a regulated radiation source, the person—\n(a) may, but is not required to, take possession of the radiation\nsource and, if the person does so, must dispose of it in a way\napproved by the chief health officer; and\n\nDivision 3.6 Disposal of prohibited radiation source\n(b) is taken to hold a licence in relation to the radiation source that\nauthorises the person to dispose of it and to possess, store and\ntransport it for that purpose.\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Person abandoning radiation source liable for recovery","content":"44 Person abandoning radiation source liable for recovery\ncosts\nA person who abandons a regulated radiation source is liable for the\nreasonable costs incurred by the Territory or anyone else in taking\naction under section 43.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\nDivision 3.6 Disposal of prohibited radiation\n","sortOrder":56},{"sectionNumber":"45","sectionType":"section","heading":"Disposal etc of prohibited radiation source","content":"45 Disposal etc of prohibited radiation source\n(1) The chief health officer may—\n(a) direct an authorised person to take possession of a prohibited\nradiation source; or\n(b) may ask someone else to take possession and dispose of a\nprohibited radiation source.\n(2) If an authorised person takes possession of a prohibited radiation\nsource under subsection (1) (a) the authorised person may do 1 or\n(a) keep possession of the radiation source until legal proceedings\nagainst a person in relation to possessing the radiation source are\nfinally dealt with;\n(b) destroy the radiation source;\n(c) otherwise make the radiation source harmless;\n(d) dispose of the radiation source.\n\n(3) If a person is asked under subsection (1) (b) to take possession and\ndispose of a prohibited radiation source, the person—\n(a) may, but is not required to, take possession of the radiation\nsource and if the person does so, must dispose of it in a way\napproved by the chief health officer; and\n(b) may possess, store and transport the radiation source for that\npurpose.\n","sortOrder":57},{"sectionNumber":"46","sectionType":"section","heading":"Person in possession of prohibited radiation source","content":"46 Person in possession of prohibited radiation source\nliable for disposal costs\nA person from whom possession of a prohibited radiation source is\ntaken by an authorised officer or anyone else under section 45\n(Disposal etc of prohibited radiation source) is liable for the\nreasonable costs incurred by the Territory or anyone else in disposing\nof the prohibited radiation source.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":58},{"sectionNumber":"46A","sectionType":"section","heading":"Emergency exemption","content":"46A Emergency exemption\n(1) The Minister may exempt a person orally or in writing from a\nrequirement under this Act for a continuous period not longer than\n12 months.\n(2) An exemption under this section may only be made if the Minister is\nsatisfied on reasonable grounds that the exemption is necessary to\nminimise a serious or immediate risk to—\n(a) the health or safety of people; or\n(b) property; or\n(c) the environment.\n\n(3) If an exemption is made orally, the Minister must, as soon as\npracticable—\n(a) make a written record of the exemption not later than 1 business\nday after the day the Minister makes the exemption; and\n(b) give a copy of the exemption to the person.\n","sortOrder":59},{"sectionNumber":"47","sectionType":"section","heading":"Emergency orders","content":"47 Emergency orders\n(1) The Minister may, in writing, make an order (an emergency order) if\nthe Minister believes, on reasonable grounds, that the order is\nnecessary to prevent or minimise a risk arising from a radiation\nincident.\n(2) An emergency order may authorise the director-general to do 1 or\n(a) require a person to enter, not to enter or to leave a place;\n(b) subject to subsection (3), authorise the detention of a person;\n(c) require a person to undergo a decontamination procedure;\n(d) require the owner or occupier of a place to decontaminate the\nplace;\n(e) require the disposal or destruction of a radiation source or\nanything that has been affected or contaminated by radiation and\nstate how the disposal or destruction must be done;\n(f) make any other requirement necessary to protect the health or\nsafety of people or to prevent damage to property or the\nenvironment.\n(3) An order may only authorise the detention of a person—\n(a) for reasonable testing to decide whether, because of the radiation\nincident, the person has been contaminated and poses a serious\nrisk to the health or safety of anyone else or of the safety of\nanyone else’s property or the environment; and\n\n(b) if the person is contaminated and poses a serious risk to the\nhealth or safety of anyone else or of the safety of anyone else’s\nproperty or the environment—to prevent the person\ncontaminating anyone else, anyone else’s property or the\nenvironment.\n(4) A person commits an offence if the person fails to take all reasonable\nsteps to comply with a requirement made of the person under\nsubsection (2).\n(5) In this section:\nradiation incident means an incident or event that results, or may\nresult, in a risk of serious harm to the health or safety of people, or\nsubstantial damage to property or the environment, from the emission\nof radiation from a radiation source.\n","sortOrder":60},{"sectionNumber":"48","sectionType":"section","heading":"Compensation—emergency orders","content":"48 Compensation—emergency orders\n(1) A person who suffers loss because of an act or omission of the\ndirector-general under section 47 (Emergency orders) is entitled to be\npaid reasonable compensation by the Territory for the loss.\n(2) Compensation is not payable to a person for a loss to the extent—\n(a) of any amount recovered or recoverable by the person under a\npolicy of insurance; or\n(b) that the conduct of the person contributed to the loss.\n(3) Compensation is not payable to a person for a loss if the loss would\nhave arisen despite the act or omission.\n(4) The person may apply, in writing, to the Minister for compensation.\n(5) The application must state particulars of the loss, the amount claimed\nand the basis for the amount claimed.\n\n","sortOrder":61},{"sectionNumber":"49","sectionType":"section","heading":"Minister’s decision on claim for compensation","content":"49 Minister’s decision on claim for compensation\n(1) This section applies if a person applies to the Minister under\nsection 48 for compensation.\n(2) If the Minister is satisfied that the person is entitled to compensation,\nthe Minister must give the person a written notice setting out—\n(a) an offer to pay the person the amount of compensation to which\nthe Minister considers the claimant is entitled; and\n(b) an explanation of how the amount was worked out.\n(3) If the Minister is not satisfied that the person is entitled to\ncompensation, the Minister must give the person a written notice\ntelling the person that the Minister is not satisfied that the person is\nentitled to compensation.\n(4) If, at the end of 28 days after the day the application is made to the\nMinister, the Minister has not given the person a notice under\nsubsection (2) or (3), the Minister is taken to have decided the person\nis not entitled to be paid compensation.\n","sortOrder":62},{"sectionNumber":"50","sectionType":"section","heading":"Acceptance or rejection of offer of compensation","content":"50 Acceptance or rejection of offer of compensation\n(1) A person to whom an offer has been made under section 49 (2) (a)\nmay, in writing—\n(a) accept the offer; or\n(b) reject the offer.\n(2) If the person accepts the offer, the Territory must pay the amount to\nthe person.\n\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Recovery of compensation in court","content":"51 Recovery of compensation in court\nIf the Territory and the person to whom compensation is payable\nunder section 48 (Compensation—emergency orders) do not agree on\nthe amount of compensation, the person may, by proceeding in a court\nof competent jurisdiction, recover from the Territory the reasonable\ncompensation that the court decides.\n\nNote The Environment Protection Act 1997, div 15.1, creates offences in\nrelation to polluting the environment. Under that Act, pollutant includes\nradioactivity, light or other electromagnetic radiation.\n","sortOrder":64},{"sectionNumber":"52","sectionType":"section","heading":"Meaning of safety duty","content":"52 Meaning of safety duty\nsafety duty means a duty under any of the following provisions:\n• section 12 (General duty to ensure no harm)\n• section 13 (Radiation exposure)\n• section 14 (Diagnostic or therapeutic procedures).\n","sortOrder":65},{"sectionNumber":"53","sectionType":"section","heading":"Failure to comply with safety duty—general offence","content":"53 Failure to comply with safety duty—general offence\n(b) the person fails to comply with the safety duty.\n","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Failure to comply with safety duty—exposing people to","content":"54 Failure to comply with safety duty—exposing people to\nsubstantial risk of death or serious harm\n(c) the failure exposes anyone to a substantial risk of death or\nserious harm; and\n\n(i) was reckless about whether the failure would expose\nanyone to a substantial risk of death or serious harm; or\n(ii) was negligent about whether the failure would expose\nanyone to a substantial risk of death or serious harm.\nMaximum penalty: 1 500 penalty units, 5 years imprisonment or\n","sortOrder":67},{"sectionNumber":"55","sectionType":"section","heading":"Failure to comply with safety duty—causing death or","content":"55 Failure to comply with safety duty—causing death or\nserious harm to people\n(c) the failure causes the death of or serious harm to anyone; and;\n(i) was reckless about whether the failure would cause the\ndeath of or serious harm to anyone; or\n(ii) was negligent about whether the failure would cause the\ndeath of or serious harm to anyone.\nMaximum penalty: 2 000 penalty units, 7 years imprisonment or\n\n","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"Failure to comply with safety duty—exposing property or","content":"56 Failure to comply with safety duty—exposing property or\nenvironment to substantial risk of substantial damage\n(c) the failure exposes property or the environment to a substantial\nrisk of substantial damage; and\n(i) was reckless about whether the failure would expose\nproperty or the environment to a substantial risk of\nsubstantial damage; or\n(ii) was negligent about whether the failure would expose\nproperty or the environment to a substantial risk of\nsubstantial damage.\nMaximum penalty: 1 000 penalty units, 3 years imprisonment or\n","sortOrder":69},{"sectionNumber":"57","sectionType":"section","heading":"Alternative verdicts for failure to comply with safety","content":"57 Alternative verdicts for failure to comply with safety\nduties\n(1) This section applies if, in a prosecution for an offence for a failure to\ncomply with a safety duty, the trier of fact—\n(a) is not satisfied beyond reasonable doubt that the defendant is\nguilty of the offence; but\n(b) is satisfied beyond reasonable doubt that the defendant is guilty\nof an alternative offence.\n\n(2) The trier of fact may find the defendant guilty of the alternative\noffence, but only if the defendant has been given procedural fairness\nin relation to the finding of guilt.\nalternative offence, for an offence mentioned in table 57, column 2,\nmeans an offence mentioned in column 3 for the offence.\nTable 57 Alternative verdicts\nitem\nprosecuted offence\nalternative offence\n1 section 53 (which is about failing\nto comply with a safety duty)\n2 section 54 (which is about\nexposing a person to a substantial\nrisk of death or serious harm)\n3 section 55 (which is about causing\ndeath or serious harm to a person)\nsection 54 (which is about exposing a\nperson to a substantial risk of death or\nserious harm)\n\nitem\nprosecuted offence\nalternative offence\n4 section 56 (which is about\nexposing property or the\nenvironment to substantial risk of\nsubstantial damage)\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Failure to comply with condition of licence","content":"58 Failure to comply with condition of licence\n(1) A licensee commits an offence if—\n(a) the licensee’s licence is subject to a condition; and\n(b) the licensee fails to comply with a requirement of the condition.\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Dealing with regulated radiation source without licence","content":"59 Dealing with regulated radiation source without licence\n(a) the person intentionally deals with a regulated radiation source;\nand\nrelation to the radiation source; and\n(c) the person knows that the dealing by the person is not authorised\nunder a licence in relation to the radiation source.\nMaximum penalty: 1 000 penalty units, 2 years imprisonment or\n\n(a) the person deals with a regulated radiation source; and\nrelation to the radiation source; and\n(c) the person, in dealing with the radiation source is negligent\nabout whether—\n(i) the radiation source is a regulated radiation source; or\n(ii) the dealing by the person is not authorised under a licence\nin relation to the radiation source.\nMaximum penalty: 500 penalty units, 1 year imprisonment or both.\n(3) A person commits an offence if—\n(a) the person deals with a regulated radiation source; and\nrelation to the radiation source.\n(4) Strict liability applies to subsection (3) (b).\n(5) Subsection (6) applies if—\n(a) in a prosecution for an offence against subsection (1), the trier\nof fact is not satisfied that the defendant committed the offence\nbut is satisfied beyond reasonable doubt that the defendant\ncommitted an offence against subsections (2) or (3) (the\nalternative offence); or\n(b) in a prosecution for an offence against subsection (1), the trier\nof fact is not satisfied that the defendant committed the offence\nbut is satisfied beyond reasonable doubt that the defendant\ncommitted an offence against subsection (3) (also the\nalternative offence).\n\n(6) The trier of fact may find the defendant guilty of the alternative\noffence but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\n","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Owning unregistered radiation source","content":"60 Owning unregistered radiation source\n(b) the person fails to apply to register the radiation source not later\nthan 7 days after the day the person acquires ownership.\n(2) A person does not commit an offence against subsection (1) if—\n(a) the person manufactures the radiation source; and\n(b) the person is authorised under a licence to manufacture the\nradiation source; and\n(c) the person owns the radiation source for a period of not longer\nthan 90 days after the day the manufacture of the radiation\nsource is completed.\n(3) An offence against this section is a strict liability offence.\n","sortOrder":73},{"sectionNumber":"60A","sectionType":"section","heading":"Dealing with unregistered radiation source","content":"60A Dealing with unregistered radiation source\n(b) the regulated radiation source is not registered under section 26;\nand\n(c) another person deals with the unregistered radiation source; and\n(d) the dealing by the other person is not authorised under the other\nperson’s licence in relation to the unregistered radiation source.\n\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant took reasonable steps to\nprevent the unregistered radiation source from being dealt with by a\nperson not authorised under a licence to deal with the radiation\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (2) (see Criminal Code, s 59).\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Failure to comply with condition of registration of","content":"61 Failure to comply with condition of registration of\n(1) A registered owner of a regulated radiation source commits an\noffence if—\n(a) the registration of the radiation source is subject to a condition;\nand\n(b) the registered owner fails to comply with a requirement of the\ncondition.\n","sortOrder":75},{"sectionNumber":"62","sectionType":"section","heading":"Dealings with prohibited radiation source","content":"62 Dealings with prohibited radiation source\n(1) A person commits an offence if the person intentionally deals with a\nprohibited radiation source.\nMaximum penalty: 2 000 penalty units, 7 years imprisonment or\n(2) This section does not apply to any action in accordance with\nsection 45 (Disposal etc of prohibited radiation source).\n\n","sortOrder":76},{"sectionNumber":"62A","sectionType":"section","heading":"Failure to notify chief health officer of disposal of","content":"62A Failure to notify chief health officer of disposal of\n(b) the regulated radiation source is disposed of; and\n(c) the person does not tell the chief health officer, in writing, about\nthe disposal within 14 days after the day the radiation source is\ndisposed of.\n(2) Strict liability applies to subsection (1) (c).\ndispose, of a regulated radiation source, includes—\n(a) sell the radiation source; or\n(b) transfer the radiation source; or\n(c) make the radiation source permanently inoperable.\n","sortOrder":77},{"sectionNumber":"63","sectionType":"section","heading":"Failure to notify chief health officer of dangerous event","content":"63 Failure to notify chief health officer of dangerous event\n(a) the person possesses a radiation source; and\n(b) a dangerous event happens in relation to the radiation source;\nand\n(c) the person knows the dangerous event happened; and\n(d) the person fails to tell the chief health officer immediately about\nthe dangerous event.\nMaximum penalty: 200 penalty units.\n\n(a) the person possesses a radiation source; and\n(b) a dangerous event happens in relation to the radiation source;\nand\n(c) the person fails to give the chief health officer the information\nthe chief health officer reasonably requires about the dangerous\nevent.\nExamples for par (c)\n1 the location of the dangerous event\n2 the radiation source involved in the dangerous event\ndangerous event means an event prescribed by regulation to be a\ndangerous event.\n","sortOrder":78},{"sectionNumber":"64","sectionType":"section","heading":"Criminal liability of executive officers","content":"64 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nrelevant offence means an offence against any of the following:\n(a) section 42 (Prohibition on abandoning radiation source);\n(b) section 53 (Failure to comply with safety duty—general\noffence);\n\n(c) section 54 (Failure to comply with safety duty—exposing\npeople to substantial risk of death or serious harm);\n(d) section 55 (Failure to comply with safety duty—causing death\nor serious harm to people);\n(e) section 56 (Failure to comply with safety duty—exposing\nproperty or environment to substantial risk of substantial\ndamage);\n(f) section 58 (Failure to comply with condition of licence);\n(g) section 59 (1) and (2) (Dealing with regulated radiation source\nwithout licence);\n(h) section 61 (Failure to comply with condition of registration of\nradiation source);\n(i) section 62 (Dealings with prohibited radiation source);\n(j) section 63 (1) (Failure to notify chief health officer of dangerous\nevent).\n\n","sortOrder":79},{"sectionNumber":"65","sectionType":"section","heading":"Establishment of advisory committee","content":"65 Establishment of advisory committee\nThe Radiation Advisory Committee is established.\n","sortOrder":80},{"sectionNumber":"66","sectionType":"section","heading":"Advisory committee—functions","content":"66 Advisory committee—functions\nThe advisory committee has the following functions:\n(a) advising the chief health officer on radiation safety and matters\nrelating to radiation;\n(b) developing codes of practice or standards in consultation with\nthe chief health officer regarding the safe use and handling of\nradiation and radiation sources;\n(c) if required by the Minister, director-general or chief health\nofficer—investigating and reporting on any matter relevant to\nthe administration of this Act;\n(d) reviewing applications for a licence to deal with a regulated\nradiation source referred to the committee by the chief health\nofficer;\n(e) any other function—\n(i) given to it under this Act or another territory law; or\n(ii) prescribed by regulation.\n","sortOrder":81},{"sectionNumber":"67","sectionType":"section","heading":"Advisory committee—membership","content":"67 Advisory committee—membership\n(1) The advisory committee is made up of at least 4 members appointed\nby the director-general.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n\nRadiation advisory committee Part 5\n(2) The advisory committee must include—\n(a) a member of the public; and\n(b) a person who is a doctor registered under the Health Practitioner\nRegulation National Law (ACT) in the specialist area of\nradiology; and\n(c) a person with expert knowledge of the physical properties or\nbiological effects of radiation; and\n(d) a person who, in the director-general’s opinion, has\nqualifications or experience relevant to assisting the committee\nto carry out its functions.\n(3) An appointment must be for a term not longer than 3 years.\n(4) The committee’s functions under this Act are not affected only\nbecause of a vacancy in the committee’s membership.\n","sortOrder":82},{"sectionNumber":"68","sectionType":"section","heading":"Advisory committee—ending members’ appointments","content":"68 Advisory committee—ending members’ appointments\nThe director-general may end the appointment of an advisory\ncommittee member—\n(a) for misbehaviour; or\n(b) for physical or mental incapacity, if the incapacity affects the\nexercise of the member’s functions; or\n(c) if the member—\n(i) becomes bankrupt or personally insolvent; or\n(ii) is absent, other than on leave approved by the\ndirector-general, from 3 consecutive meetings of the\nadvisory committee; or\n(iii) contravenes section 71 (Advisory committee—disclosure\nof member interests) without reasonable excuse; or\n\n(iv) contravenes section 115 (Communication or use of\nprotected information); or\n(v) commits, in Australia or elsewhere, an offence punishable\nby imprisonment for at least 1 year; or\n(vi) contravenes any other territory law that, in the\ndirector-general’s opinion, affects the member’s suitability\nto be a member; or\n(d) if the director-general is satisfied that the member’s ability to\nfunction as a member is affected by an interest disclosed under\nsection 71.\n","sortOrder":83},{"sectionNumber":"69","sectionType":"section","heading":"Advisory committee—procedures","content":"69 Advisory committee—procedures\n(1) The director-general may, on the director-general’s own initiative or\nin consultation with the advisory committee, determine the\nprocedures for the committee.\n(2) A determination under subsection (1) is a notifiable instrument.\n(3) If the director-general has not made a determination about the\ncommittee’s procedures, the committee may decide its own\nprocedures in relation to anything for which a procedure is not\nprovided under this Act.\n","sortOrder":84},{"sectionNumber":"70","sectionType":"section","heading":"Advisory committee—quorum at meetings","content":"70 Advisory committee—quorum at meetings\nBusiness may be carried on at a meeting of the advisory committee\nonly if at least 2 appointed members are present.\n","sortOrder":85},{"sectionNumber":"71","sectionType":"section","heading":"Advisory committee—disclosure of member interests","content":"71 Advisory committee—disclosure of member interests\n(1) An advisory committee member who has a relevant interest in an\nissue being considered, or about to be considered, by the committee\nmust, as soon as practicable after the relevant facts have come to the\nmember’s knowledge, disclose the nature of the interest at a meeting\nof the committee.\n\nRadiation advisory committee Part 5\n(2) The disclosure must be recorded in the advisory committee’s minutes\nand, unless the committee otherwise decides, the member must not—\n(a) be present when the committee considers the issue; or\n(b) take part in a decision of the committee on the issue.\n(3) If, because of subsection (2), only 1 member may be present and\nconsider the issue, the committee must not make a decision on the\nissue.\nrelevant interest, in an issue, means—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the advisory committee\nmember’s functions in relation to the committee’s consideration\nof the issue.\n","sortOrder":86},{"sectionNumber":"72","sectionType":"section","heading":"Advisory committee—reporting of disclosed interests to","content":"72 Advisory committee—reporting of disclosed interests to\nMinister\n(1) Within 3 months after the disclosure of a relevant interest under\nsection 71 (1), a member nominated by the committee must report to\nthe Minister in writing about—\n(a) the disclosure; and\n(b) the nature of the interest disclosed; and\n(c) any decision by the committee under section 71 (2).\n(2) The nominated committee member must give the Minister, by 31 July\neach year, a statement that sets out the information given to the\nMinister in any report under subsection (1) that relates to disclosures\nmade during the previous financial year.\n\n(3) The Minister must give a copy of the statement to the relevant\nAssembly committee within 31 days after the day the Minister\nreceives the statement.\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for\nsubsection (3).\n","sortOrder":87},{"sectionNumber":"73","sectionType":"section","heading":"Advisory committee—radiation protection reports","content":"73 Advisory committee—radiation protection reports\n(1) This section applies if any of the following ask the advisory\ncommittee, in writing, for advice on a radiation protection issue:\n(a) the Minister;\n(b) the director-general;\n(c) the chief health officer.\n(2) The committee must investigate and provide a written report on the\nissue, including a recommendation if appropriate, within—\n(a) a period, stated in the request, that is not less than 7 days; or\n(b) if a longer period is stated in the request—the longer period.\n(3) However, if the committee reasonably needs more time to provide the\nreport—\n(a) the committee may make a written request to the person who\nasked for the advice for more time to provide the report; and\n(b) the person may extend the period for the committee to provide\nthe report.\n\nGeneral Division 6.1\n","sortOrder":88},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 General","content":"Division 6.1 General\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Definitions—pt 6","content":"88 Definitions—pt 6\nIn this part:\nconnected—a thing is connected with an offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed, on reasonable grounds, to be an occupier of\nthe premises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be, committed.\nDivision 6.2 Authorised people\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Appointment of authorised people","content":"89 Appointment of authorised people\nThe director-general may appoint a public servant as an authorised\nperson for this Act.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Identity cards","content":"90 Identity cards\n(1) The director-general must give an authorised person an identity card\nstating the person’s name and that the person is an authorised person.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an authorised person; and\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being an authorised person.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Power to enter premises","content":"91 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent; or\n(c) enter premises in accordance with a search warrant; or\n\nPowers of authorised people Division 6.3\n(d) at any time, enter premises if the authorised person believes, on\nreasonable grounds, that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary.\n(2) However, subsection (1) (a) does not authorise entry into a part of\npremises that is being used only for residential purposes.\n(3) An authorised person may, without the consent of the occupier of\npremises, enter land around the premises to ask for consent to enter\nthe premises.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) In this section:\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Production of identity card","content":"92 Production of identity card\nAn authorised person must not remain at premises entered under this\npart if the authorised person does not produce his or her identity card\nwhen asked by the occupier.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Consent to entry","content":"93 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 91 (1) (b), an authorised person must—\n(a) produce his or her identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in court; and\n(iii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the authorised person under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"General powers on entry to premises","content":"94 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n\nPowers of authorised people Division 6.3\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films, or audio, video or other recordings;\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Power to seize things","content":"95 Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied, on reasonable grounds, that\nthe thing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied, on reasonable grounds, that—\n(a) the thing is connected with an offence against this Act; and\n\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) Also, an authorised person who enters premises under this part\n(whether with the consent of a person in charge of the premises, under\na warrant or otherwise) may seize anything at the premises if satisfied,\non reasonable grounds, that the thing poses a risk to the health or\nsafety of people or of damage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to any powers of the authorised person under\nsubsections (1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\n(8) An offence against this section is a strict liability offence.\n\nSearch warrants Division 6.4\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Warrants generally","content":"96 Warrants generally\n(1) An authorised person may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\nauthorised person gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an authorised person may, with any necessary assistance\nand force, enter the premises and exercise the authorised\nperson’s powers under this part; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Warrants—application made other than in person","content":"97 Warrants—application made other than in person\n(1) An authorised person may apply for a warrant by phone, fax, radio or\nother form of communication if the authorised person considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the authorised person must prepare\nan application stating the grounds on which the warrant is sought.\n(3) The authorised person may apply for the warrant before the\napplication is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the authorised person if it is practicable to do so.\n(5) If it is not practicable to provide a written copy to the authorised\nperson—\n(a) the magistrate must—\n(i) tell the authorised person the terms of the warrant; and\n(ii) tell the authorised person the date and time the warrant was\nissued; and\n(b) the authorised person must complete a form of warrant\n(the warrant form) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the authorised person, authorises the entry and the\nexercise of the authorised person’s powers under this part.\n\nSearch warrants Division 6.4\n(7) The authorised person must, at the first reasonable opportunity, send\nto the magistrate—\n(a) the sworn application; and\n(b) if the authorised person completed a warrant form—\nthe completed warrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the authorised person was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Search warrants—announcement before entry","content":"98 Search warrants—announcement before entry\n(1) An authorised person must, before anyone enters premises under a\nsearch warrant—\n(a) announce that the authorised person is authorised to enter the\npremises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n\n(2) The authorised person is not required to comply with subsection (1)\nif the authorised person believes, on reasonable grounds, that\nimmediate entry to the premises is required to ensure—\n(a) the safety of anyone (including the authorised person or any\nperson assisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"99 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the authorised person or a person assisting\nmust make available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"100 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Receipt for things seized","content":"101 Receipt for things seized\n(1) As soon as practicable after an authorised person seizes a thing under\nthis part, the authorised person must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously,\nat the place of seizure under section 95 (Power to seize things).\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Moving things to another place for examination or","content":"102 Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for no longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes, on reasonable grounds, that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Access to things seized","content":"103 Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Return of things seized","content":"104 Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid by the Territory to the owner\nfor the loss of the thing, if—\n(a) an infringement notice for an offence relating to the thing is not\nserved on the owner within 1 year after the day of the seizure\nand—\n(i) a prosecution for an offence relating to the thing is not\nstarted within the 1-year period; or\n(ii) a prosecution for an offence relating to the thing is started\nwithin the 1-year period but the court does not find the\noffence proved; or\n(b) an infringement notice for an offence relating to the thing is\nserved on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence relating to the thing is not\nstarted within the 1-year period; or\n(ii) a prosecution for an offence relating to the thing is started\nwithin the 1-year period but the court does not find the\noffence proved; or\n(c) an infringement notice for an offence relating to the thing is\nserved on the owner and not withdrawn within 1 year after the\nday of the seizure, liability for the offence is disputed in\naccordance with the Magistrates Court Act 1930, section 132\n(Disputing liability for infringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under section 132 that liability is disputed;\nor\n\n(ii) an information is laid in the Magistrates Court against the\nperson for the offence within the 60-day period, but the\nMagistrates Court does not find the offence proved; or\n(d) before the thing is forfeited to the Territory under section 105\n(Forfeiture of seized things), the director-general—\n(i) becomes satisfied that there has been no offence against\nthis Act with which the thing was connected; or\n(ii) decides not to prosecute or serve an infringement notice for\nthe offence.\n(2) However, this section does not apply—\n(a) to a thing seized under section 95 (4) (which is about the seizure\nof things that pose a risk to the health or safety of people or of\ndamage to property or the environment); or\n(b) to a thing if the director-general believes, on reasonable\ngrounds, that the only practical use of the thing in relation to the\npremises where it was seized would be an offence against this\nAct; or\n(c) to a thing if possession of it by its owner would be an offence.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Forfeiture of seized things","content":"105 Forfeiture of seized things\n(a) anything seized under this part has not been destroyed or\notherwise disposed of under section 106 (Power to destroy\nunsafe things) or returned under section 104 (Return of things\nseized); and\n(b) an application for disallowance of the seizure under section 107\n(Application for order disallowing seizure)—\n(i) has not been made within 10 days after the day of the\nseizure; or\n\n(ii) has been made within that period, but the application has\nbeen refused or has been withdrawn before a decision in\nrelation to the application had been made.\n(2) If this section applies to the seized thing—\n(a) it is forfeited to the Territory; and\n(b) it may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Power to destroy unsafe things","content":"106 Power to destroy unsafe things\n(1) This section applies to anything inspected or seized under this part by\nan authorised person if the authorised person is satisfied, on\nreasonable grounds, that the thing poses a risk to the health or safety\nof people or of damage to property or the environment.\n(2) The authorised person may direct a person in charge of the premises\nwhere the thing is to destroy or otherwise dispose of the thing.\n(3) The direction may state 1 or more of the following:\n(a) how the thing must be destroyed or otherwise disposed of;\n(b) how the thing must be kept until it is destroyed or otherwise\ndisposed of;\n(c) the period within which the thing must be destroyed or otherwise\ndisposed of.\n(4) A person in charge of the premises where the thing is commits an\noffence if the person contravenes a direction given to the person under\nsubsection (2).\n(5) Alternatively, if the thing has been seized under this part, the\nauthorised person may destroy or otherwise dispose of the thing.\n\n(6) Costs incurred by the Territory in relation to the disposal of a thing\nunder subsection (5) are a debt owing to the Territory by, and are\nrecoverable together and separately from, the following people:\n(a) the person who owned the thing;\n(b) each person in control of the premises where the thing was.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Application for order disallowing seizure","content":"107 Application for order disallowing seizure\n(1) A person claiming to be entitled to anything seized under this part\nmay apply to the Magistrates Court within 10 days after the day of\nthe seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the director-general.\n(3) The director-general is entitled to appear as respondent at the hearing\nof the application.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Order for return of seized thing","content":"108 Order for return of seized thing\n(1) This section applies if a person claiming to be entitled to anything\nseized under this chapter applies to the Magistrates Court under\nsection 107 for an order disallowing the seizure.\n(2) The Magistrates Court must make an order disallowing the seizure if\nthe court is satisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized thing; and\n(b) the thing is not connected with an offence against this Act; and\n(c) possession of the thing by the person would not be an offence.\n(3) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n\nMiscellaneous Division 6.6\n(4) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the director-general to return the thing to the\napplicant or to someone else who appears to be entitled to it;\n(b) if the thing cannot be returned or has depreciated in value\nbecause of the seizure—an order directing the Territory to pay\nreasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Damage etc to be minimised","content":"109 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person the authorised person believes,\non reasonable grounds, is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it, secured\nconspicuously, at the premises.\n\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"110 Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by an authorised person or a person\nassisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nNotification and review of decisions Part 7\n","sortOrder":112},{"sectionNumber":"Part 7","sectionType":"part","heading":"Notification and review of","content":"Part 7 Notification and review of\ndecisions\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Meaning of reviewable decision—pt 7","content":"111 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Reviewable decision notices","content":"112 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":115},{"sectionNumber":"113","sectionType":"section","heading":"Applications for review","content":"113 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":116},{"sectionNumber":"114","sectionType":"section","heading":"Minister may exempt people, radiation sources etc","content":"114 Minister may exempt people, radiation sources etc\n(1) The Minister may exempt a person, a radiation source or a dealing\nwith a radiation source from this Act if the Minister is satisfied that\nthe person’s conduct, the radiation source or the dealing does not pose\na significant risk to the health or safety of people or of damage to\nproperty or the environment.\nNote 1 A reference to an Act includes a reference to a provision of an Act\n(see Legislation Act, s 7 (3)).\nNote 2 A regulation may also provide for exemptions (see s 123).\n(2) An exemption may be conditional.\n(3) An exemption under subsection (1) has no effect to the extent that it\nis inconsistent with a regulation.\n(4) An exemption is a disallowable instrument.\n(5) In deciding whether to exempt a person, radiation source or a dealing\nwith a radiation source, the Minister must take into account any\ncriteria prescribed by regulation.\n","sortOrder":117},{"sectionNumber":"115","sectionType":"section","heading":"Communication or use of protected information","content":"115 Communication or use of protected information\n(a) the person uses protected information; and\n(b) the use of the information is not a protected use; and\n(c) the person is reckless about whether the use is protected use.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(a) the person uses protected information; and\n\n(b) the use of the information is not a protected use; and\n(c) the person intends to use the protected information to—\n(i) endanger the health or safety of another person; or\n(ii) damage property or the environment.\nMaximum penalty: 1 000 penalty units, imprisonment for 3 years or\n(3) In this section, use of protected information is a protected use if the\ninformation is used—\n(a) in accordance with this Act or another territory law; or\n(b) in relation to the exercise of a function under this Act or another\nterritory law; or\n(c) with the consent of the person to whom the information relates,\nor from whom the information was obtained; or\n(d) for the purposes of legal proceedings arising out of the\nadministration or enforcement of this Act; or\n(e) by disclosing the information to an entity under a territory law\nor the law of another jurisdiction that has functions relating to\nradiation health or safety.\nExamples—entity having functions relating to radiation health or safety\n1 a national board under the Health Practitioner Regulation National\nLaw (ACT)\n2 the veterinary practitioners board\n3 the Chief Executive Medicare\n4 the environment protection authority\n5 the work health and safety commissioner\nprotected information means information disclosed to, or obtained\nby, a person because of the exercise of a function under this Act.\n\n","sortOrder":118},{"sectionNumber":"116","sectionType":"section","heading":"Codes of practice","content":"116 Codes of practice\n(1) The Minister may approve codes of practice or standards for this Act.\n(2) An approved code of practice may apply, adopt or incorporate an\ninstrument, as in force from time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(3) A code of practice is a disallowable instrument.\n","sortOrder":119},{"sectionNumber":"117","sectionType":"section","heading":"Notification of certain incorporated documents","content":"117 Notification of certain incorporated documents\n(1) This section applies to—\n(a) an incorporated document; or\n(b) an amendment of, or replacement of, an incorporated document.\nExample of replacement document\na new edition of the incorporated document\nNote For the meaning of incorporated document, see the dictionary.\n(2) The director-general may prepare a notice (an incorporated\ndocument notice) for the incorporated document, amendment or\nreplacement that contains the following information:\n(a) for an incorporated document—details of the document,\nincluding its title, author and date of publication;\n(b) for a replacement of an incorporated document—details of the\nreplacement, including its title, author and date of publication;\n(c) for an amendment of an incorporated document—the date of\npublication of the amendment (or of the document as amended)\nand a brief summary of the effect of the amendment;\n\n(d) for an incorporated document or any amendment or\nreplacement—\n(i) a date of effect (no earlier than the day after the day of\nnotification of the notice); and\n(ii) details of how access to inspect the document, amendment\nor replacement may be obtained under section 118\n(Inspection of incorporated documents); and\n(iii) details of how copies may be obtained, including an\nindication of whether there is a cost involved.\n(3) An incorporated document notice is a notifiable instrument.\n(4) An incorporated document, and any amendment or replacement of an\nincorporated document, has no effect under this Act unless—\n(a) an incorporated document notice is notified in relation to the\ndocument, amendment or replacement; or\n(b) the document, amendment or replacement is notified under the\nLegislation Act.\n(5) The Legislation Act, section 47 (7) does not apply in relation to\nincorporated documents.\n(6) In this section:\namendment, of an incorporated document, includes an amendment of\na replacement of the incorporated document.\nreplacement, of an incorporated document, means—\n(a) a document that replaces the incorporated document; or\n(b) a document (an initial replacement) that replaces a document\nmentioned in paragraph (a); or\n(c) a document (a further replacement) that replaces an initial\nreplacement or any further replacement.\n\n","sortOrder":120},{"sectionNumber":"118","sectionType":"section","heading":"Inspection of incorporated documents","content":"118 Inspection of incorporated documents\n(1) This section applies to an incorporated document, or an amendment\nor replacement of an incorporated document.\nNote For the meaning of incorporated document, see the dictionary.\n(2) The director-general must ensure that the document, amendment or\nreplacement is made available for inspection free of charge to the\npublic on business days at reasonable times at the office of the\ncommission or an administrative unit administered by the\ndirector-general.\namendment, of an incorporated document—see section 117 (6).\n","sortOrder":121},{"sectionNumber":"119","sectionType":"section","heading":"Evidentiary certificates","content":"119 Evidentiary certificates\nIn a prosecution for an offence against this Act, a certificate signed\nby the Minister or the chief health officer that includes any of the\nfollowing statements is evidence of the matter stated:\n(a) a statement that, at a stated time or during a stated period,\na stated person was, or was not, the holder of a stated licence;\n(b) a statement that, at a stated time or during a stated period,\na stated source or apparatus was, or was not, registered;\n(c) a statement that a stated direction, notice, order, requirement,\ndecision, licence or registration was given, made, granted or\nissued under this Act;\n(d) a statement of the name or physical or chemical form of\na radiation material;\n(e) a statement of the activity of a radioactive material;\n(f) a statement of the quantity of an effective dose or equivalent\ndose of radiation;\n(g) a statement of the quantity of an absorbed dose of radiation.\n\n","sortOrder":122},{"sectionNumber":"120","sectionType":"section","heading":"Determination of fees","content":"120 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":123},{"sectionNumber":"122","sectionType":"section","heading":"Regulation-making power","content":"122 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may apply, adopt or incorporate an instrument, as in\nforce from time to time.\nNote 1 The text of an applied, adopted or incorporated instrument, whether\napplied as in force from time to time or as at a particular time, is taken to\nbe a notifiable instrument if the operation of the Legislation Act, s 47 (5)\nor (6) is not disapplied (see s 47 (7)).\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n","sortOrder":124},{"sectionNumber":"123","sectionType":"section","heading":"Regulations may exempt people, radiation sources etc","content":"123 Regulations may exempt people, radiation sources etc\n(1) A regulation may exempt a person, a radiation source or a dealing\nwith a radiation source from this Act.\nNote A reference to an Act includes a reference to a provision of an Act\n(see Legislation Act, s 7 (3)).\n(2) An exemption may be conditional.\n","sortOrder":125},{"sectionNumber":"124","sectionType":"section","heading":"Regulations may impose conditions to licensing and","content":"124 Regulations may impose conditions to licensing and\nregistration regimes\nA regulation may impose conditions, including restrictions, on\nradiation licenses and the registration of regulated radiation sources\nto protect the public or the public interest.\n\n","sortOrder":126},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 7)\nitem\nsection\ndecision\ncolumn 4\nentity\n1 17 (1) (b) refuse to issue\napplicant for licence\n2 19 (a) impose condition\non licence\nlicensee\n3 22 (1) amend licence licensee\n4 23 (5) (b) refuse to amend\napplicant for amendment\n5 25 (4) require applicant to\namend radiation\nmanagement plan\napplicant for registration\n6 26 (1) (b) refuse to register\nregulated radiation\napplicant for registration\n7 28 (1) (a) impose condition\non registration of\nregulated radiation\nregistered owner\n8 31 (1) amend registration registered owner\n9 32 (5) (b) refuse to amend\nregistration\napplicant for amendment\n10 33F (3) require registered\nowner to amend\nradiation\nmanagement plan\nregistered owner\n11 36 take disciplinary\naction\nlicensee\n\n(see s 5)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• bankrupt or personally insolvent\n• business day\n• chief health officer\n• director-general (see s 163)\n• doctor\n• environment protection authority\n• exercise\n• found guilty\n• function\n• health practitioner\n• public servant\n• reviewable decision notice\n• territory law\n• the Territory\n• under\n• work health and safety commissioner.\nadvisory committee means the Radiation Advisory Committee\nestablished under section 65.\napproved code of practice means a code of practice approved under\nsection 116.\nat premises includes in or on the premises.\nauthorised dealing, for a licence, means a dealing with a radiation\nsource that is authorised under the licence.\n\nauthorised person means a person who is appointed as an authorised\nperson under section 89.\ncause death or serious harm to a person means substantially\ncontribute directly or indirectly to the death or harm.\nclearance notice—see section 33J (2).\ncompliance period, for an improvement notice—\nsee section 33G (1) (iv).\nconnected, for part 6 (Enforcement)—see section 88.\ncorresponding law means a law of the Commonwealth or a State\ncorresponding, or substantially corresponding, to this Act.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\ndeals with a radiation source—see section 11.\ndisciplinary action—\n(a) taken against a licensee—see section 35 (1); and\n(b) taken against a registered owner—see section 35 (2).\ndisciplinary notice—see section 36 (1).\ndispose, of a radiation source, includes—\n(a) bury the radiation source; and\n(b) for a radiation source that is a liquid or gas—release the\nradiation source; and\n(c) for a radiation facility—decommission the facility.\ndose limit means a dose limit prescribed by regulation.\nemergency order—see section 47 (1).\nenvironment includes the built and natural environment.\nexamine includes inspect, weigh, count, test and measure.\n\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nground, for disciplinary action—see section 34.\nimmediate suspension notice—see section 37 (2).\nimprovement notice—see section 33F (2).\nincorporated document means—\n(a) the national directory; or\n(b) an instrument applied, adopted or incorporated by a statutory\ninstrument under this Act.\nNote 1 A statutory instrument includes a subordinate law or a disallowable\ninstrument (see Legislation Act, s 13).\ninfluential person, for a corporation, means—\n(a) an executive officer of the corporation; or\n(b) a person who may exercise a relevant power in relation to the\ncorporation; or\n(c) a related corporation; or\n(d) an executive officer of a related corporation.\nionising radiation—see section 8 (2).\nlicence means a licence issued under section 17 (1).\nlicensee means a person issued with a licence under section 17.\n\nmanufacture a radiation source or anything else includes—\n(a) make, remake, alter, break-up, process, recondition or treat the\nthing; and\n(b) change the thing in a way that affects its properties or\nperformance.\nnational directory means the national directory for radiation\nprotection published by the Australian Radiation Protection and\nNuclear Safety Agency as in force from time to time.\nnon-ionising radiation—see section 8 (3).\noccupier, of premises, for part 6 (Enforcement)—see section 88.\noffence, for part 6 (Enforcement)—see section 88.\npremises includes land or a structure or vehicle and any part of an\narea of land or a structure or vehicle.\nprohibited radiation source—see section 10 (1).\nprohibition notice—see section 33H (2).\nradiation—see section 8 (1).\nradiation apparatus—see section 9 (3).\nradiation facility—see section 9 (4).\nradiation management plan, for a regulated radiation source—see\nsection 33B.\nradiation safety officer, for a radiation management plan—see\nsection 33D.\nradiation source—see section 9 (1).\nradioactive material—see section 9 (5).\nregistered owner, of a regulated radiation source—see section 27 (2).\nregulated radiation source—see section 10 (2).\n\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant power, for a corporation, means a power to—\n(a) take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) elect or appoint a person as an executive officer in the\ncorporation; or\n(c) significantly influence the conduct of the corporation.\nreviewable decision, for part 7 (Notification and review of\ndecisions)—see section 111.\nsafety duty—see section 52.\nserious harm, to a person—see the Criminal Code, dictionary.\nuse a radiation source includes—\n(a) use radiation emitted from the radiation source; and\n(b) if the radiation source is radioactive material—administer to, or\ninject or implant the material into, a person, animal, plant or\nthing; and\n(c) cause the radiation source to emit radiation.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":127},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\nRadiation Protection Act 2006 A2006-33\nnotified LR 31 August 2006\ns 1, s 2 commenced 31 August 2006 (LA s 75 (1))\nremainder commenced 1 July 2007 (s 2 (3))\nas modified by\nRadiation Protection Regulation 2007 SL2007-18 (as am by\nSL2007-21)\nnotified LR 6 July 2007\ns 1, s 2 commenced 6 July 2007 (LA s 75 (1))\nremainder commenced 7 July 2007 (LA s 73 (3))\nRadiation Protection Amendment Regulation 2007 (No 1) SL2007-21\nnotified LR 2 August 2007\ns 1, s 2 commenced 2 August 2007 (LA s 75 (1))\nremainder commenced 3 August 2007 (s 2)\nNote This regulation only amends the Radiation Protection\nRegulation 2007 SL2007-18.\nas amended by\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.47\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.47 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.87\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.87 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\n\nWork Safety Legislation Amendment Act 2009 A2009-28 sch 2 pt 2.10\nnotified LR 9 September 2009\ns 1, s 2 commenced 9 September 2009 (LA s 75 (1))\nsch 2 pt 2.10 commenced 1 October 2009 (s 2 and see Work Safety\nAct 2008 A2008-51, s 2 (1) (b) and CN2009-11)\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.18\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.18 commenced 1 July 2010 (s 2 (1) (a))\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.130\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.130 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 1 pt 1.6, sch 3\npt 3.46\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 1 pt 1.6, sch 3 pt 3.46 commenced 12 December 2011 (s 2)\nWork Health and Safety (Consequential Amendments) Act 2011\nA2011-55 sch 1 pt 1.10\nnotified LR 14 December 2011\ns 1, s 2 commenced 14 December 2011 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 January 2012 (s 2 and see Work Health\nand Safety Act 2011 A2011-35, s 2 and CN2011-12)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.8\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.8 commenced 22 February 2013 (s 2)\nStatute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.8\nnotified LR 5 November 2014\ns 1, s 2 commenced 5 November 2014 (LA s 75 (1))\nsch 3 pt 3.8 commenced 19 November 2014 (s 2)\n\nLegislation history 3\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.11\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.11 commenced 1 December 2015 (s 2 (1) and CN2015-22)\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.15\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.15 commenced 21 December 2018 (s 2 and CN2018-12)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.32\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.32 commenced 23 October 2018 (s 2 (4))\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.27\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.27 commenced 22 November 2018 (s 2 (1))\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.22\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.22 commenced 14 November 2019 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.20\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.20 commenced 6 April 2022 (s 2)\nRadiation Protection Amendment Act 2022 A2022-12 pt 2\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 2 commenced 10 September 2022 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.75, sch 4\npt 4.147\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.75, sch 4 pt 4.147 commenced 26 November 2025\n(s 2 (3), (9))\n\nCommencement\ns 2 om LA s 89 (4)\nRadiation protection principle\ns 4 am A2022-12 s 5\nMeaning of deal with radiation source\ns 11 am A2022-12 s 6; pars renum R21 LA\nRadiation exposure\ns 13 am A2022-12 s 7\nDiagnostic or therapeutic procedures\ns 14 am A2022-12 s 7, s 8\nLicenses\ndiv 3.2 hdg sub A2022-12 s 9\nApplication for licence\ns 16 sub A2022-12 s 9\nDecision about licence application\ns 17 am A2019-42 amdt 3.102; pars renum R19 LA\nsub A2022-12 s 9\nSuitable person to hold licence\ns 17A ins A2022-12 s 9\nForm of licence\ns 18 sub A2022-12 s 9\nLicence conditions\ns 19 sub A2022-12 s 9\nTerm of licence\ns 20 sub A2022-12 s 9\nOffence—fail to update name or address\ns 21 sub A2022-12 s 9\nAmendment of licence by chief health officer\ns 22 sub A2022-12 s 9\nAmendment of licence on application\ns 23 sub A2022-12 s 9\nAutomatic cancellation of licence\ns 24 sub A2022-12 s 9\nRegistration of radiation sources\ndiv 3.3 hdg sub A2022-12 s 9\n\nApplication for registration of radiation source\ns 25 sub A2022-12 s 9\nDecision about radiation source registration application\ns 26 am A2019-42 amdt 3.103\nsub A2022-12 s 9\nSuitable person to own registered regulated radiation source\ns 26A ins A2022-12 s 9\nForm of registration\ns 27 sub A2022-12 s 9\nRegistration conditions\ns 28 sub A2022-12 s 9\nTerm of registration\ns 29 sub A2022-12 s 9\nRegistered owner must update details\ns 30 sub A2022-12 s 9\nAmendment of registration by chief health officer\ns 31 sub A2022-12 s 9\nAmendment of registration on application\ns 32 sub A2022-12 s 9\nAutomatic cancellation of registration\ns 33 sub A2022-12 s 9\ndiv 3.3A hdg ins A2022-12 s 9\ns 33A ins A2022-12 s 9\nRadiation management plan\ndiv 3.3B hdg ins A2022-12 s 9\nMeaning of radiation management plan\ns 33B ins A2022-12 s 9\nRadiation management plan\ns 33C ins A2022-12 s 9\nMeaning of radiation safety officer\ns 33D ins A2022-12 s 9\nQualifications of radiation safety officer\ns 33E ins A2022-12 s 9\nImprovement notices and prohibition notices\ndiv 3.3C hdg ins A2022-12 s 9\n\nImprovement notices\ns 33F ins A2022-12 s 9\nContents of improvement notices\ns 33G ins A2022-12 s 9\nProhibition notices\ns 33H ins A2022-12 s 9\nContents of prohibition notices\ns 33I ins A2022-12 s 9\nClearance notices\ns 33J ins A2022-12 s 9\nContravention of improvement notice and prohibition notice\ns 33K ins A2022-12 s 9\nGrounds for disciplinary action\ns 34 am A2022-12 s 29\nDisciplinary action\ns 35 am A2022-12 s 29\nTaking disciplinary action\ns 36 am A2014-44 amdt 3.38; A2022-12 s 29\nImmediate suspension of licence or registration\ns 37 am A2014-44 amdt 3.39; A2022-12 s 29\nReturn of amended, suspended or cancelled licences\ns 40 am A2022-12 s 10, s 29\nAction by chief health officer in relation to amended, suspended or cancelled\ns 41 hdg am A2022-12 s 29\ns 41 am A2022-12 s 29\nProcedure if radiation source abandoned\ns 43 am A2014-44 amdt 3.40; A2022-12 s 29\nPerson abandoning radiation source liable for recovery costs\ns 44 am A2011-52 amdt 3.176\nDisposal etc of prohibited radiation source\ns 45 am A2014-44 amdt 3.40; A2022-12 s 11, s 29\nPerson in possession of prohibited radiation source liable for disposal costs\ns 46 am A2011-52 amdt 3.177\nEmergency exemption\ns 46A ins A2022-12 s 12\n\nEmergency orders\ns 47 am A2011-22 amdt 1.374; A2014-44 amdt 3.40; A2025-29\nCompensation—emergency orders\ns 48 am A2011-22 amdt 1.374; A2025-29 amdt 3.252, amdt 4.148\nDealing with unregistered radiation source\ns 60A ins A2022-12 s 13\nFailure to notify chief health officer of disposal of radiation source\ns 62A ins A2022-12 s 14\nFailure to notify chief health officer of dangerous event\ns 63 hdg am A2022-12 s 29\ns 63 am A2022-12 s 15, s 29\nCriminal liability of executive officers\ns 64 sub A2013-4 amdt 1.9\nam A2022-12 s 16, s 29; A2025-29 amdt 3.253\nRadiation advisory committee\npt 5 hdg sub A2022-12 s 17\nRadiation council\ndiv 5.1 hdg om A2022-12 s 17\nEstablishment of advisory committee\ns 65 sub A2022-12 s 17\nAdvisory committee—functions\ns 66 sub A2022-12 s 17\nAdvisory committee—membership\ns 67 sub A2022-12 s 17\nCouncil members\ndiv 5.2 hdg om A2022-12 s 17\nAdvisory committee—ending members’ appointments\ns 68 am A2010-10 amdt 2.112; A2022-4 amdt 1.74\nAdvisory committee—procedures\ns 69 sub A2022-12 s 17\nAdvisory committee—quorum at meetings\ns 70 am A2014-44 amdt 3.41\nAdvisory committee—disclosure of member interests\ns 71 am A2011-52 amdt 1.9\n\nFunctions of council members\ndiv 5.3 hdg om A2022-12 s 17\nAdvisory committee—reporting of disclosed interests to Minister\ns 72 sub A2022-12 s 17\nAdvisory committee—radiation protection reports\ns 73 sub A2022-12 s 17\nHonesty, care and diligence of council members\ns 74 om A2022-12 s 17\nConflicts of interest by council members\ns 75 om A2022-12 s 17\nAgenda to require disclosure of interest item\ns 76 om A2022-12 s 17\nDisclosure of interests by council members\ns 77 am A2013-4 amdt 1.10\nReporting of disclosed interests to Minister\ns 78 am A2022-4 amdt 1.75, amdt 1.76\nProtection of council members from liability\ns 79 om A2022-12 s 17\nCouncil proceedings\ndiv 5.4 hdg om A2022-12 s 17\nTime and place of council meetings\ns 80 om A2022-12 s 17\nPresiding member at council meetings\ns 81 om A2022-12 s 17\nQuorum at council meetings\ns 82 om A2022-12 s 17\nVoting at council meetings\ns 83 om A2022-12 s 17\nConduct of council meetings etc\ns 84 am A2008-28 amdt 3.144\nReports to Minister on radiation protection issues\ns 85 om A2022-12 s 17\ndiv 5.5 hdg om A2022-12 s 17\n\ns 86 om A2022-12 s 17\nCorrection of register\ns 87 om A2022-12 s 17\nDefinitions—pt 6\ns 88 pars renum R23 LA\nAppointment of authorised people\ns 89 am A2011-22 amdt 1.374; A2014-44 amdt 3.42\nIdentity cards\ns 90 am A2011-22 amdt 1.374\nWarrants—application made other than in person\ns 97 am A2018-33 amdt 1.61, amdt 1.62\nMoving things to another place for examination or processing under search\nwarrant\ns 102 am A2014-44 amdt 3.43\nReturn of things seized\ns 104 am A2011-22 amdt 1.374\nForfeiture of seized things\ns 105 am A2011-22 amdt 1.374\nApplication for order disallowing seizure\ns 107 am A2011-22 amdt 1.374\nOrder for return of seized thing\ns 108 am A2011-22 amdt 1.374\nNotification and review of decisions\npt 7 hdg sub A2008-37 amdt 1.416\nMeaning of reviewable decision—pt 7\ns 111 sub A2008-37 amdt 1.416\nReviewable decision notices\ns 112 sub A2008-37 amdt 1.416\nam A2025-29 amdt 4.148\nApplications for review\ns 113 sub A2008-37 amdt 1.416\nam A2025-29 amdt 4.148\nMinister may exempt people, radiation sources etc\ns 114 am A2025-29 amdt 4.148\n\nCommunication or use of protected information\ns 115 am A2009-28 amdt 2.25; A2010-10 amdt 2.113; A2011-22\namdt 1.374; A2011-55 amdt 1.24; A2015-29 amdt 2.90;\nA2018-42 amdts 3.93-3.95; A2018-32 amdt 3.56\nsub A2022-12 s 18\nCodes of practice\ns 116 am A2014-44 amdt 3.44; A2025-29 amdt 4.148\nNotification of certain incorporated documents\ns 117 am A2011-22 amdt 1.374; A2014-44 amdt 3.45; A2025-29\nInspection of incorporated documents\ns 118 am A2011-22 amdt 1.374\nEvidentiary certificates\ns 119 am A2022-12 s 19\nDetermination of fees\ns 120 am A2011-52 amdt 3.178; A2025-29 amdt 4.148\nApproved forms\ns 121 am A2011-52 amdt 3.178\nom A2022-12 s 20\nRegulation-making power\ns 122 am A2014-44 amdt 3.46; A2022-12 s 21; A2025-29\nReview of Act\ns 125 exp 1 July 2017 (s 125 (2))\nConsequential amendments and repeals\npt 9 hdg om LA s 89 (3)\nLegislation amended—sch 1\ns 126 om LA s 89 (3)\nLegislation repealed\ns 127 om LA s 89 (3)\nTransitional\npt 10 hdg exp 1 July 2009 (s 132)\nDefinitions—pt 10\ns 128 exp 1 July 2009 (s 132)\nExisting licences\ns 129 exp 1 July 2009 (s 132 (LA s 88 declaration applies))\nRegistration of radiation sources etc\ns 130 exp 1 July 2009 (s 132 (LA s 88 declaration applies))\n\nCouncil members\ns 130A ins as mod SL2007-18 s 50 (as ins by SL2007-21 s 4)\nexp 1 January 2008 (s 130A (5))\nTransitional regulations\ns 131 exp 1 July 2009 (s 132)\nExpiry—pt 10\ns 132 exp 1 July 2009 (s 132)\nTransitional—Radiation Protection Amendment Act 2022\npt 11 hdg ins A2022-12 s 22\nDefinitions—pt 11\ns 133 ins A2022-12 s 22\nRadiation council members\ns 134 ins A2022-12 s 22\nRadiation council—functions\ns 135 ins A2022-12 s 22\nRadiation council disclosures and reporting of interests\ns 136 ins A2022-12 s 22\nTransitional regulations\ns 137 ins A2022-12 s 22\nExpiry—pt 11\ns 138 ins A2022-12 s 22\nReviewable decisions\nsch 1 om LA s 89 (3)\nins A2008-37 amdt 1.417\nsub A2022-12 s 23\ndict am A2008-37 amdt 1.418, amdt 1.419; A2009-28 amdt 2.26;\nA2011-22 amdt 1.375; A2011-52 amdt 1.10; A2014-44\namdt 3.47; A2022-12 s 24\ndef advisory committee ins A2022-12 s 25\ndef analysis om A2014-44 amdt 3.48\ndef clearance notice ins A2022-12 s 25\ndef compliance period ins A2022-12 s 25\ndef corresponding law ins A2022-12 s 25\n\ndef council om A2022-12 s 26\ndef disciplinary action sub A2022-12 s 27\ndef executive officer ins A2022-12 s 28\ndef improvement notice ins A2022-12 s 28\ndef incorporated document am A2014-44 amdt 3.49,\namdt 3.51\ndef incorporated document notice om A2014-44 amdt 3.50\ndef influential person ins A2022-12 s 28\ndef prohibition notice ins A2022-12 s 28\ndef radiation management plan ins A2022-12 s 28\ndef radiation safety officer ins A2022-12 s 28\ndef related corporation ins A2022-12 s 28\ndef relevant power ins A2022-12 s 28\ndef reviewable decision sub A2008-37 amdt 1.420\n\n5 Earlier republications\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n1 July 2007–\n2 Aug 2007\nnot amended new Act\n3 Aug 2007\n3 Aug 2007–\n1 Jan 2008\nnot amended modification by\nSL2007-18 as\namended by\nSL2007-21\n2 Jan 2008\n2 Jan 2008–\n25 Aug 2008\nnot amended commenced expiry\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\nA2008-37 amendments by\nA2008-37\n2 July 2009–\n30 Sept 2009\nA2008-37 commenced expiry\n1 Oct 2009\n1 Oct 2009–\nA2009-28 amendments by\nA2009-28\n1 July 2010–\nA2010-10 amendments by\nA2010-10\n1 July 2011–\n11 Dec 2011\nA2011-22 amendments by\nA2011-22\n12 Dec 2011\n12 Dec 2011–\n31 Dec 2011\nA2011-52 amendments by\nA2011-52\n1 Jan 2012\n1 Jan 2012–\n21 Feb 2013\nA2011-55 amendments by\nA2011-55\n\nEarlier republications 5\nNo and date\nEffective Last\namendment\nmade by\nfor\n22 Feb 2013\n22 Feb 2013-\n18 Nov 2014\nA2013-4 amendments by\nA2013-4\n19 Nov 2014\n19 Nov 2014-\n30 Nov 2015\nA2014-44 amendments by\nA2014-44\n1 Dec 2015\n1 Dec 2015-\nA2015-29 amendments by\nA2015-29\n2 July 2017–\n22 Oct 2018\nA2015-29 expiry of provision\n(s 125)\n23 Oct 2018\n23 Oct 2018–\n21 Nov 2018\nA2018-33 amendments by\nA2018-33\n22 Nov 2018\n22 Nov 2018–\n20 Dec 2018\nA2018-42 amendments by\nA2018-42\n21 Dec 2018\n21 Dec 2018–\n13 Nov 2019\nA2018-42 amendments by\nA2018-32\n14 Nov 2019\n14 Nov 2019–\n5 Apr 2022\nA2019-42 amendments by\nA2019-42\n6 Apr 2022\n6 Apr 2022–\n9 Sept 2022\nA2022-4 amendments by\nA2022-4\n10 Sept 2022\n10 Sept 2022–\n10 Sept 2023\nA2022-12 amendments by\nA2022-12\n11 Sept 2023\n11 Sept 2023–\n25 Nov 2025\nA2022-12 expiry of\ntransitional\nprovisions (pt 11)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":128}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been expanded since enactment by later amendments that added a radiation register, mandatory radiation management plans, qualifications for radiation safety officers, improvement and prohibition notices, and an advisory committee (see insertions and amendments in A2022‑12: ss 25–33, 33A–33E, 33F–33K; and A2022‑12 s 17 for the advisory committee). Emergency and compensation powers were also revised by later amendments (see s 47 as amended A2025‑29). These changes broaden regulatory reach from basic licensing to detailed operational controls and enhanced enforcement discretion."},"complexity_factors":["Multiple overlapping regulatory regimes: separate licensing (ss 16–24) and registration (ss 25–33) tracks with distinct application, notification and term rules.","Detailed safety duties and standards referencing incorporated documents and codes (ss 12–15, 116–118), creating layered compliance obligations tied to external instruments.","Radiation management plans and mandated radiation safety officers impose substantive operational requirements (ss 33B–33E) and create ongoing administrative burden.","Authoritative discretion concentrated in the chief health officer and Minister: powers to grant/deny/amend licences and registrations (ss 17, 22, 31), exempt (s 114) and make emergency orders (ss 46A–47).","Enforcement toolkit with wide powers: entry, search, seizure, removal, destruction and forfeiture, and time‑limited warrants (ss 91–106, 96–99), increasing procedural complexity and civil‑liberty considerations.","Graduated offence structure with mixed culpability standards (absolute, strict, negligence/recklessness) and high maximum penalties, including corporate and executive liability (ss 53–56, 59, 62, 64).","Administrative remedies and processes: improvement/prohibition/clearance notices (ss 33F–33K), disciplinary regime (ss 34–41) and immediate suspensions (s 37) create rapid compliance pathways but layered review needs.","Transparency and review mechanisms: radiation register and public inspection rules (s 33A, ss 117–118) plus ACAT review rights for enumerated decisions (pt 7, sch 1) increase procedural steps for challengers and administrators.","Reliance on regulations and external instruments for key thresholds, definitions and fees (ss 10, 33E, 120, 122–124) means substantive rules are scattered across primary and subordinate instruments.","Penalty‑unit valuation and practical cost exposure: penalty unit values stated in the republication front matter (penalty unit = $160 individual, $810 corporation) affect financial risk calculations for entities."],"plain_english_summary":"This Act creates a licensing and registration system to control who may possess, use, supply, transport, store or dispose of radiation sources, and it sets criminal and administrative penalties for breaches. It affects anyone who manufactures, owns, deals with or operates equipment or material that emits ionising or non‑ionising radiation, and gives regulators powers to inspect, seize, issue improvement/prohibition notices and, in emergencies, order detention, decontamination or disposal. It matters because it allocates regulatory discretion, compliance costs and criminal liability to protect health, property and the environment."},"kimi_summary":{"_metrics":{"completionTokens":673},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The 2022 amendments significantly expanded the original scope from basic licensing and safety duties to a comprehensive management framework. New Divisions 3.3A-3.3C added radiation registers, mandatory radiation management plans, radiation safety officer requirements, and formal improvement/prohibition notice systems. The advisory committee replaced a previous 'radiation council' structure. Emergency powers were enhanced with specific exemption provisions. These changes transformed the Act from a simple permit system into a sophisticated regulatory regime comparable to work health and safety legislation."},"complexity_factors":["Dual regulatory regime requiring both personal licences AND source registration with interdependent conditions","Extensive cross-referencing between Parts 3 (safety duties), 4 (offences) and 6 (enforcement)","Multiple tiers of offences with escalating mental states (strict liability, negligence, recklessness) and alternative verdict provisions","Nested conditional logic in emergency powers (s 46A-51) requiring Ministerial satisfaction of 'serious or immediate risk'","Incorporation of external documents by reference including the 'national directory' and approved codes of practice","Detailed procedural requirements for disciplinary action with mandatory notice periods, response rights and staged implementation","Complex definitions in dictionary including 8 defined terms for 'deals with' radiation sources alone","Interlocking amendment provisions affecting both licences and registrations simultaneously (ss 38-39)","Multiple pathways for entry, search and seizure with distinct evidentiary and procedural requirements"],"plain_english_summary":"This Act protects people, property and the environment from harmful radiation by imposing a dual system: individuals (or corporations) must hold personal licences and each regulated radiation source must be registered with a radiation management plan and qualified safety officer. It covers anyone who makes, owns, uses, sells, transports or disposes of regulated sources.\n\nIt creates enforceable safety duties, enforcement tools (improvement/prohibition notices, disciplinary action, emergency powers), heavy penalties including imprisonment and corporate officer liability, and establishes an advisory committee and authorised officers."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/radiation-protection-act-2006","history":"/api/acts/radiation-protection-act-2006/history","analysis":"/api/acts/radiation-protection-act-2006/analysis","conflicts":"/api/acts/radiation-protection-act-2006/conflicts","importantCases":"/api/acts/radiation-protection-act-2006/important-cases","documents":"/api/acts/radiation-protection-act-2006/documents"}}