45Duty to comply with dose limits—the Act, s 40(2) and (3)(f), (i2) and (j)

#### 45 Duty to comply with dose limits—the Act, s 40(2) and (3)(f), (i2) and (j) 45 Duty to comply with dose limits—the Act, s 40(2) and (3)(f), (i2) and (j) > > (1) An employer must ensure each occupationally exposed person employed by the employer is not exposed to ionising radiation that exceeds the dose limits for the occupationally exposed person set out in Schedule 4. > > > > Maximum penalty— > > > > > (a) for an individual—250 penalty units, or > > > > > (b) otherwise—500 penalty units. > > > (2) An employer must ensure each occupationally exposed person employed by the employer who is 16 or 17 years of age is exposed to ionising radiation only— > > > > > (a) if the person is subject to immediate supervision at the time of exposure, and > > > > > (b) for the purposes of the occupationally exposed person’s— > > > > > > > (i) training for employment that involves the use of ionising radiation, or > > > > > > > (ii) participation in a course of study that involves the use of ionising radiation. > > > > Maximum penalty— > > > > > (a) for an individual—250 penalty units, or > > > > > (b) otherwise—500 penalty units. > > > (3) An employer must ensure each person employed by the employer who is less than 16 years of age is not exposed to ionising radiation during the person’s employment. > > > > Maximum penalty— > > > > > (a) for an individual—250 penalty units, or > > > > > (b) otherwise—500 penalty units. > > > (4) In this section— > > > > immediate supervision, of a person, means the supervision of the person— > > > > > (a) by a qualified person who, at all times when the person is exposed to ionising radiation— > > > > > > > (i) is physically present with the person being supervised, and > > > > > > > (ii) observes and directs as required the use of relevant regulated material, and > > > > > (b) for the purposes of ensuring— > > > > > > > (i) the person being supervised follows safe radiation work practices in relation to the use of the material, and > > > > > > > (ii) the use of the relevant regulated material is in accordance with safe radiation work practices. > > > > qualified person, in relation to the immediate supervision of a person— > > > > > (a) means an individual who holds a radiation user licence for the use of the relevant regulated material, and > > > > > (b) for supervision relating to the use of ionising radiation apparatus referred to in section 22 for dental diagnostic purposes—includes an individual who would, at the time the material is used, be exempt under section 23 from the requirement to hold a radiation user licence for the use of the regulated material.