38Prescribed dealings (source licence)

#### 38 Prescribed dealings (source licence) (1) For paragraph 31(1)(b) of the Act, a dealing that is described in an item in the table in clause 1 of Schedule 2 is an exempt dealing. (3) However, the CEO may declare, in writing, on a case by case basis, that a dealing described in an item in the table in clause 1 of Schedule 2 is a dealing for which: (a) the annual effective dose to an individual during normal operations is likely to be greater than 10 micro.Sv; or (b) an accident, misuse or exceptional circumstance affecting the dealing is likely to produce a dose greater than the effective dose limit worked out under regulation 59 or 60. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (4) A dealing mentioned in a declaration under subregulation (3) is not exempt. (5) Also, the CEO may declare, in writing, on a case by case basis, that a dealing that is not described in an item in the table in clause 1 of Schedule 2 is a dealing for which: (a) the annual effective dose to an individual during normal operations is likely to be not more than 10 micro.Sv; or (b) an accident, misuse or exceptional circumstance affecting the dealing is not likely to produce a dose greater than the effective dose limit worked out under regulation 59 or 60. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (6) Also, the CEO may declare, in writing, on a case by case basis, that: (a) a dealing that is not described in an item in the table in clause 1 of Schedule 2 is a dealing involving: (i) a radiological emergency or its after effects; or (ii) the after effects of a previous dealing; or (iii) naturally occurring materials; or (iv) bulk material with a mass of more than 1,000 kg; and (b) an assessment of the magnitude of individual doses, the number of people exposed, and the likelihood that potential exposure will actually occur, justify the dealing being exempt. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (7) A dealing is exempt if it is mentioned in a declaration for subregulation (5) or (6). (8) The CEO must publish a declaration under subregulation (3), (5) or (6) in the Gazette as soon as practicable after making it.