33Licence exemptions—obligations of exempt persons

#### 33 Licence exemptions—obligations of exempt persons 33 Licence exemptions—obligations of exempt persons > > (1) This section applies to a person (an exempt person) using regulated material who— > > > > > (a) does not hold a radiation user licence for the use of the regulated material, and > > > > > (b) is exempt from the requirement to hold a radiation user licence for the use of the regulated material under Division 3. > > > (2) The exempt person must take all reasonable steps to comply with the following— > > > > > (a) the requirements imposed on an operator under the prescribed code of practice for the exemption that apply in relation to the use, > > > > > (b) any other requirements imposed on the person under the prescribed code of practice for the exemption that apply in relation to the use, > > > > > (c) for use within a laboratory—the requirements set out in AS/NZS 2243.4:2018 that apply in relation to the use. > > > > Maximum penalty—250 penalty units. > > > (3) The exempt person must take all reasonable steps to comply with the radiation management plan for the regulated material. > > > > Maximum penalty—250 penalty units. > > > (4) The exempt person must not expose a member of the public to ionising radiation that exceeds the dose limits set out in Schedule 4. > > > > Maximum penalty—250 penalty units. > > > (5) If the exempt person notices or identifies a fault or defect in the regulated material, the exempt person must, as soon as practicable, notify the person responsible for the regulated material of the fault or defect. > > > > Maximum penalty—250 penalty units. > > > (6) The exempt person must notify the person responsible for the regulated material of any radiation incident related to the use of the regulated material that occurs as soon as practicable after the occurrence. > > > > Maximum penalty—250 penalty units. > > > (7) In this section— > > > > prescribed code of practice, for an exemption, means the following— > > > > > (a) for an exemption under section 14, 15 or 18—the Code for Radiation Protection in Medical Exposure, > > > > > (b) for an exemption under section 16—the Code of Radiation Protection Requirements for Industrial Radiography, > > > > > (c) for an exemption under section 17, the following— > > > > > > > (i) for use in veterinary clinical situations—the Code of Practice and Safety Guide for Radiation Protection in Veterinary Medicine, > > > > > > > (ii) for use in all other clinical situations—the Code for Radiation Protection in Medical Exposure, > > > > > > > (iii) for use of gauges—the Code of Practice and Safety Guide for Portable Density/Moisture Gauges Containing Radioactive Sources, > > > > > (d) for an exemption under section 19—the Code of Practice and Safety Guide for Radiation Protection in Veterinary Medicine, > > > > > (e) for an exemption under section 20—the Code of Practice for Radiation Protection in the Application of Ionizing Radiation by Chiropractors, > > > > > (f) for an exemption under section 23, 24, 25 or 26—the Code for Radiation Protection in Dental Exposure.