4Kinds of apparatus that are controlled apparatus

#### 4 Kinds of apparatus that are controlled apparatus (1) Controlled apparatus is defined in section 13 of the Act, and includes an apparatus, prescribed by the regulations, that produces harmful non‑ionizing radiation when energised. (2) Apparatus is controlled apparatus if: (a) the apparatus is: (i) a magnetic field non‑destructive testing device; or (ii) an induction heater or induction furnace; or (iii) an industrial radiofrequency heater or welder; or (iv) a radiofrequency plasma tube; or (v) microwave or radiofrequency diathermy equipment; or (vi) an industrial microwave or radiofrequency processing system; or (vii) an optical source, other than a laser product, emitting ultraviolet radiation, infrared or visible light; or (viii) a laser product with an accessible emission that exceeds the accessible emission limits of a Class 3R laser product, as set out in AS/NZS IEC 60825.1:2014; or (ix) an optical fibre communication system exceeding Hazard Level 3R, as defined by AS/NZS IEC 60825.2:2011; and (b) it produces non‑ionizing radiation that could lead to a person being exposed to radiation levels in excess of the exposure limits mentioned in the table in clause 1 of Schedule 1; and (c) the excess levels of radiation mentioned in paragraph (b) are readily accessible to persons: (i) in the course of intended operations or procedures of the apparatus; or (ii) under a reasonably foreseeable abnormal event involving the apparatus; or (iii) under a reasonably foreseeable single element failure of the apparatus; or (iv) without the use of tools or other specialised equipment required to remove protective barriers or access panels. (3) However, the CEO may declare, in writing, on a case by case basis, that an apparatus covered by subregulation (2) is not a controlled apparatus under that subregulation. > Note: A decision to refuse to make a declaration is reviewable under regulation 66. (3A) The CEO must not make a declaration under subregulation (3) unless the CEO is satisfied that: (a) the apparatus does not pose an unacceptable potential hazard to the health and safety of people or to the environment; or (b) it would be inappropriate, in all the circumstances, for the apparatus to be a controlled apparatus. (4) The CEO must publish the declaration in the Gazette as soon as practicable after making it.