{"id":"radiation-safety-transport-of-radioactive-substances-regulations-2002","name":"Radiation Safety (Transport of Radioactive Substances) Regulations 2002","slug":"radiation-safety-transport-of-radioactive-substances-regulations-2002","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181790,"registerId":"wa-radiation-safety-transport-of-radioactive-substances-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Radiation Safety (Transport of Radioactive Substances) Regulations 2002","content":"![Crest]()Western Australia\n\nRadiation Safety Act 1975\n\nRadiation Safety (Transport of Radioactive Substances) Regulations 2002\n\nWestern Australia\n\nRadiation Safety (Transport of Radioactive Substances) Regulations 2002\n\nContents\n\n1. Citation 1\n\n2. Terms used 1\n\n3. Application 2\n\n4. Code and International Regulations, as modified, adopted 2\n\n5. Carrier to have an approved radiation protection programme 3\n\n6. Other offences 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nRadiation Safety Act 1975\n\nRadiation Safety (Transport of Radioactive Substances) Regulations 2002\n\n##### 1. Citation\n\n\t\tThese regulations may be cited as the *Radiation Safety (Transport of Radioactive Substances) Regulations 2002*.\n\n##### 2. Terms used\n\nIn these regulations —\n\ncarrier means a person who is a carrier as defined in the International Regulations Section II;\n\nCode means the *Code for the Safe Transport of Radioactive Material (2019)*, RPS C‑2 (Rev. 1) published by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) under the *Australian Radiation Protection and Nuclear Safety Act 1998* (Commonwealth) Part 3;\n\nconsignee means a person who is a consignee as defined in the International Regulations Section II;\n\nconsignment has the meaning given in the International Regulations Section II;\n\nfreight container has the meaning given in the International Regulations Section II;\n\nInternational Regulations means the International Atomic Energy Agency *Regulations for the Safe Transport of Radioactive Material 2018 Edition*, SSR‑6 (Rev. 1) set out in the Code Schedule A, as modified by the Code clauses 2.2 to 2.10;\n\noverpack has the meaning given in the International Regulations Section II;\n\npackage has the meaning given in the International Regulations Section II;\n\n  radiation protection programme has the meaning given in the International Regulations Section II;\n\nradioactive material means a radioactive chemical element in a concentration that makes it radioactive material as defined in the International Regulations Section II.\n\n[Regulation 2 amended: Gazette 26 Apr 2013 p. 1661-2; SL 2021/160 r. 4.]\n\n##### 3. Application\n\nThese regulations apply to the transport of radioactive materials in Western Australia and the storing, packing and stowing of radioactive materials for transport in Western Australia, if the radioactive materials are “radioactive substances” within the meaning of that term in the Act.\n\n##### 4. Code and International Regulations, as modified, adopted\n\n(1) The Code and the International Regulations, as modified by these regulations, are adopted for the purposes of regulating the transport of radioactive materials in Western Australia and the storing, packing and stowing of radioactive materials for transport in Western Australia.\n\n(2) The International Regulations Section III paragraph 307 is not adopted.\n\n[Regulation 4 amended: Gazette 26 Apr 2013 p. 1662; SL 2021/160 r. 5.]\n\n##### 5. Carrier to have an approved radiation protection programme\n\n(1) Each carrier is to —\n\n(a) prepare and maintain a radiation protection programme in accordance with the guidelines; and\n\n(b) submit the radiation protection programme and any amendment of it to the Council for approval.\n\n(2) The Council is to approve a radiation protection programme and any amendment of it if the programme, as amended where applicable, would accord with the guidelines.\n\n(3) A person who does not submit a radiation protection programme to the Council as required by subregulation (1) before 3 months elapses after the person becomes a carrier commits an offence.\n\nPenalty: a fine of $1 000.\n\nDaily penalty: a fine of $50.\n\n(4) The Council may, in writing, require a carrier whose radiation protection programme it considers not to accord with the guidelines to submit to the Council amendments to bring the programme into accord with the guidelines.\n\n(5) A carrier must comply with a requirement under subregulation (4) within 3 months after the requirement was given or any further time allowed by the Council.\n\nPenalty: a fine of $1 000.\n\nDaily penalty: a fine of $50.\n\n(6) In this regulation —\n\nguidelines means the guidelines set out in Section III paragraph 302 of the International Regulations.\n\n[Regulation 5 inserted: Gazette 26 Apr 2013 p. 1662-3.]\n\n##### 6. Other offences\n\n(1) A person shall not deal with radioactive materials that are for transport unless the person does so in accordance with the Code.\n\nPenalty: $1 000.\n\n(2) A person shall not store, pack or stow radioactive materials for transport unless the person does so in accordance with the Code.\n\nPenalty: $1 000.\n\n(3) A person who is not the consignee of a consignment shall not interfere with the contents of that consignment.\n\nPenalty: $1 000.\n\n(4) A person shall not interfere with or alter any marking, labelling or placarding that has been applied in accordance with the Code.\n\nPenalty: $1 000.\n\n(5) A person shall not display, or permit to be displayed, on a package, overpack or freight container that does not contain radioactive material, a label referred to in Section V paragraph 542 of the International Regulations.\n\nPenalty: $1 000.\n\n(6) It is a defence to a charge under this regulation to show that the person charged was acting in the exercise of a power or the performance of a duty conferred or imposed on that person by or under the Act, or with the permission, granted under the Act, of the relevant carrier or consignor or of the Council.\n\n[Regulation 6 amended: Gazette 26 Apr 2013 p. 1663.]\n\n[**7.** Deleted: SL 2021/160 r. 6.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Radiation Safety (Transport of Radioactive Substances) Regulations 2002* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Radiation Safety (Transport of Radioactive Substances) Regulations 2002* | 26 Mar 2002 p. 1744-6 | 26 Mar 2002 |\n| *Radiation Safety (Transport of Radioactive Substances) Amendment Regulations 2013* | 26 Apr 2013 p. 1661-3 | r. 1 and 2: 26 Apr 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 27 Apr 2013 (see r. 2(b)) |\n| *Radiation Safety (Transport of Radioactive Substances) Amendment Regulations 2021* | SL 2021/160 10 Sep 2021 | r. 1 and 2: 10 Sep 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 11 Sep 2021 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncarrier 2\n\nCode 2\n\nconsignee 2\n\nconsignment 2\n\nfreight container 2\n\nguidelines 5(6)\n\nInternational Regulations 2\n\noverpack 2\n\npackage 2\n\nradiation protection programme 2\n\nradioactive material 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was available for analysis. The page returned only a system error message indicating the URL has changed due to website upgrades."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 'page not found' error","Cannot assess actual regulatory complexity without content","Complexity score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"**No legislative content could be retrieved.**\n\nThe link to the *Radiation Safety (Transport of Radioactive Substances) Regulations 2002* (Western Australia) is broken — the page no longer exists on the Western Australian legislation website due to system upgrades.\n\n**What we do know from the title alone:**\n- This is a Western Australian regulation (subordinate law made under a parent Act, likely the *Radiation Safety Act 1975* WA)\n- It would govern how radioactive materials are transported within or through Western Australia\n- It would likely affect businesses, healthcare providers, mining companies, universities, and transport operators who move radioactive substances\n- It may mirror or reference national/international standards for radioactive materials transport\n\n**To access the current law**, visit the [Western Australian Legislation website](https://www.legislation.wa.gov.au) and search directly for this regulation title."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: regulating the transport of radioactive substances in WA. While it has been amended twice (2013 and 2021) to update references to newer versions of the adopted international standards, the scope has not expanded beyond transport safety. The 2013 amendment added the radiation protection programme requirement for carriers, and the 2021 amendment updated the Code reference to the 2019 version — both are refinements within the original transport safety remit rather than scope creep."},"complexity_factors":["Short length — only 6 substantive regulations plus definitions","Heavy reliance on external documents — the Code and International Regulations are incorporated by reference, meaning the actual rules are in separate documents not reproduced here","10 defined terms in regulation 2, most of which simply point to definitions in the external International Regulations","Simple conditional structure — primarily prohibitions with straightforward defences in regulation 6(6)","No nested exceptions or complex cross-referencing within the instrument itself","Penalty provisions are uniform and simple ($1,000 fines, $50 daily penalties)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for safely moving radioactive materials around Western Australia. They cover everything from uranium to medical isotopes — basically anything that gives off radiation and needs to be transported by road, rail, air or sea.\n\n**Who it affects:**\n\n* **Carriers** — companies or people who physically move radioactive stuff (truck drivers, shipping companies, etc.)\n* **Consignees** — the people or businesses receiving the radioactive materials\n* **Consignors** — those sending the materials\n* Anyone who **stores, packs, or handles** radioactive materials before transport\n\n**Key requirements:**\n\n* **Follow the international rulebook** — The regulations adopt two technical documents (the \"Code\" and \"International Regulations\") that spell out exactly how to package, label, and handle radioactive materials. Think of these as the safety manual that everyone must follow.\n* **Radiation protection programmes** — Every carrier must write and maintain a safety plan showing how they'll protect workers and the public from radiation exposure. This plan must be approved by the Radiological Council.\n* **Specific offences** — It's illegal to:\n  * Handle radioactive materials for transport without following the Code\n  * Tamper with packages or their radiation warning labels\n  * Put fake radiation labels on things that aren't radioactive (like sticking a \"hazardous\" sticker on your lunchbox)\n  * Interfere with someone else's radioactive shipment\n\n**Why it matters:**\n\nRadioactive materials can harm people and the environment if mishandled. These rules ensure WA keeps in step with international safety standards (set by the International Atomic Energy Agency) to prevent accidents during transport — whether that's a truck carrying medical radioisotopes to a hospital or uranium moving through the state.\n\n**One quirky detail:** The regulations deliberately leave out one paragraph of the international rules (Section III paragraph 307) — likely because it conflicts with how WA wants to handle something specific."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations implement external international/Commonwealth transport standards for radioactive substances and set administrative requirements for carriers (Reg 3–5). They do not extend regulation beyond transport, storing, packing and stowing of 'radioactive substances' as defined in the Act, although they adopt external material with a specific exclusion (Reg 4(2))."},"complexity_factors":["Adoption by reference of external instruments (Code and IAEA Regulations) rather than full text in the regulations (Reg 4 and definition of Code) — requires users to consult multiple documents.","Modifications and partial exclusions to the adopted instruments (Reg 4(2) excluding International Regulations Section III para 307) — creates divergence from the source material to track.","Cross‑referenced defined terms that point to specific parts of the International Regulations (definitions in Reg 2) — compliance depends on reading Section II/III of the external text.","Administrative approval regime giving the Council discretion to approve or require amendments to carrier radiation protection programmes (Reg 5(1)–(5)) — introduces decisionmaking and timing obligations (3‑month submission/compliance periods).","Numerous simple, fixed monetary penalties and a limited statutory defence (Reg 5 and Reg 6) — straightforward but legally consequential.","Interaction across jurisdictions: the Code is published under Commonwealth ARPANSA legislation but applied here under state law (definition of Code), requiring attention to federal material and updates."],"plain_english_summary":"These regulations adopt the IAEA transport standards (the Code and the International Regulations, as modified) to control the transport, packing, stowage and storage-for-transport of radioactive substances in Western Australia. Carriers must prepare and submit a radiation protection programme to the Council for approval, and a series of offences (typically $1,000 fines and, for late compliance, $50 daily) penalise handling, marking or interference that does not meet the adopted Code. Who pays: carriers, consignors, packers and handlers; who decides: the Council."}},"importantCases":[],"_links":{"self":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002","history":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002/history","analysis":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002/analysis","conflicts":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002/conflicts","importantCases":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002/important-cases","documents":"/api/acts/radiation-safety-transport-of-radioactive-substances-regulations-2002/documents"}}