149 Radiation Amendment Act 2013—transitional provision—commercial tanning units
(1) On and from the commencement of section 11 of the Radiation Amendment Act 2013, the Secretary must cancel a management licence authorising the conduct of a radiation practice involving a tanning unit.
(2) On the cancellation of a management licence under subsection (1), the former holder of that licence is entitled to a refund of any amount paid for the licence that is for a period after that cancellation.
Schedule
Savings and transitionals
Part 1—Introduction
1 Definitions
In this Schedule—
commencement day means 1 September 2007;
new RAC means the Committee;
old RAC means the Radiation Advisory Committee appointed under section 108AK of the Health Act 1958;
old radiation provisions means sections 108AA to 108AK of the Health Act 1958 (as in force immediately before the commencement day);
old regulations means the Health (Radiation Safety) Regulations 1994;
operator licence has the same meaning as in the old regulations.
2 General transitional provision
Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
3 Savings and transitional regulations
The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act and the repeal of the old radiation provisions.
Part 2—The Radiation Advisory Committee
4 Old RAC abolished
On the commencement day, the old RAC is abolished and its members go out of office as members.
5 The old RAC members become members of new RAC
(1) On the commencement day each person who, immediately before that day was a member of the old RAC, becomes a member of the new RAC.
(2) A person referred to in subclause (1)—
(a) holds office as a member of the new RAC for the balance of the term of his or her appointment to the old RAC;
(b) holds office as a member of the new RAC on the same terms and conditions as applied to his or her appointment to the old RAC, but may resign or be removed in accordance with Part 10;
(c) is eligible for re-appointment to the new RAC at the expiry of his or her term.
6 Matters and things commenced by old RAC but not completed before its abolition
On the commencement day the new RAC may continue or complete any matter or thing commenced by the old RAC as if that matter or thing were commenced by the new RAC under Part 10.
7 Annual report
If, before the commencement day, the old RAC had not made its report on its activities under section 108AK(10) of the Health Act 1958, the new RAC must make a report on those activities under section 110 as if the activities of the old RAC were the activities of the new RAC.
Part 3—Licences
8 Operator licences converted to use licences
On the commencement day, an operator licence issued under section 108AF(2) of the old radiation provisions in force immediately before that day is deemed to be a use licence—
(a) subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the operator licence that are not inconsistent with this Act or the regulations; and
(b) with the same date of expiry as the date of expiry of the operator licence.
9 Other licences converted to management licences
Subject to clause 11, on the commencement day, a licence issued under section 108AF(2) of the old radiation provisions and referred to in regulation 12 of the old regulations in force immediately before the commencement day is deemed to be a management licence—
(a) subject to conditions that are the same as only those conditions, limitations or restrictions that applied to the relevant licence issued under that section that are not inconsistent with this Act or the regulations; and
(b) with the same date of expiry as the date of expiry of the relevant licence issued under that section.
10 Certain registrations converted to management licences
(1) Subject to clause 11, on the commencement day, every person in whose name a sealed radio-active source is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a sealed source that is the same as that sealed radio-active source.
(2) A management licence deemed to be issued under subclause (1) is deemed to—
(a) be subject to conditions that are the same as only those conditions that applied to the registration of the sealed radio-active source that are not inconsistent with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for the registration of the sealed radio-active source.
(3) Subject to clause 11, on the commencement day, every person in whose name an ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess an ionising radiation apparatus that is the same as that ionizing radiation apparatus.
(4) A management licence deemed to be issued under subclause (3) is deemed to—
(a) be subject to conditions that are the same as only those conditions that applied to the registration of the ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for the registration of the ionizing radiation apparatus.
(5) Subject to clause 11, on the commencement day, every person in whose name a non-ionizing radiation apparatus is registered under section 108AE(2) of the old radiation provisions immediately before the commencement day is deemed to be issued with a management licence allowing the person to possess a non-ionising radiation apparatus that is the same as that non-ionizing radiation apparatus.
(6) A management licence deemed to be issued under subclause (5) is deemed to—
(a) be subject to conditions that are the same as only those conditions that applied to the registration of the non-ionizing radiation apparatus that are not inconsistent with this Act or the regulations; and
(b) have the same date of expiry as the date of expiry for the registration of the non-ionizing radiation apparatus.
(7) In this clause—
ionizing radiation apparatus, non-ionizing radiation apparatus and sealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.
11 Secretary may consolidate two or more management licences
(1) Subject to this clause, if, because of clause 9 or 10, a person holds 2 or more management licences, the Secretary may cancel those licences and issue one management licence to the person that allows the person to conduct the radiation practices allowed to be conducted under the cancelled licences.
(2) Division 3 of Part 6 of this Act does not apply to the cancellation of a management licence under this clause.
(3) Division 1 of Part 6 (other than sections 38(c)(ii), 43(2) and 48) applies to the issue of a management licence under this clause as if the management licence had been issued on an application under that Division.
(4) The date of expiry of a management licence issued under this clause is the latest date a cancelled licence would have expired but for the cancellation of that licence under this clause.
12 Pending licence and registration application decisions at the time of the commencement of this Act
(1) On the commencement day—
(a) every application under section 108AF of the old radiation provisions for an operator licence in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a use licence and must be dealt with by the Secretary as if it were an application made under section 37;
(b) every application under section 108AF of the old radiation provisions for a licence referred to in regulation 12 of the old regulations in respect of which the Secretary has not made a decision whether to issue the licence, is deemed to be an application under section 37 for a management licence and must be dealt with by the Secretary as if it were an application made under section 37;
(c) every application under section 108AE of the old radiation provisions for the registration of a relevant apparatus or source in respect of which the Secretary has not made a decision whether to register the relevant apparatus or source, is deemed to be an application under section 37 for a management licence to possess the relevant apparatus or source and must be dealt with by the Secretary as if it were an application made under section 37.
(2) In this clause—
relevant apparatus or source means an ionizing radiation apparatus, a non-ionizing radiation apparatus of a prescribed class prescribed under the old regulations or a sealed radio-active source;
ionizing radiation apparatus, non-ionizing radiation apparatus and sealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.
Part 4—Other
13 Certain references in Acts, instruments and other documents to be reconstrued
(1) Unless the context otherwise requires, on and from the commencement day, in any Act (other than this Act), or in any instrument made under any Act (other than this Act) or in any other document of any kind—
(a) a reference to Division 2AA of Part 5 of the Health Act 1958 (as in force immediately before the commencement day) is to be taken to be a reference to the Radiation Act 2005;
(b) a reference to a radio-active substance is to be taken to be a reference to radioactive material;
(c) a reference to a radiation apparatus (within the meaning of section 108AB of the old radiation provisions) is to be taken to be a reference to a radiation apparatus within the meaning of this Act;
(d) a reference to an ionizing radiation apparatus is to be taken to be a reference to an ionising radiation apparatus;
(e) a reference to a non-ionizing radiation apparatus of a prescribed class is to be taken to be a reference to a non-ionising radiation apparatus;
(f) a reference to an unsealed radio-active source is to be taken to be a reference to radioactive material that is not a sealed source;
(g) a reference to a sealed radio-active source is to be taken to be a reference to a sealed source;
(h) a licence issued under the old radiation provisions is to be taken to be a reference to a licence issued under this Act;
(i) a reference to an exemption under the old radiation provisions is to be taken to be a reference to an exemption under section 16.
(2) In this clause—
ionizing radiation apparatus, non-ionizing radiation apparatus, radio-active substance, sealed radio-active source and unsealed radio-active source have the same meaning as in section 108AB of the old radiation provisions.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 August 2005
Legislative Council: 8 September 2005
The long title for the Bill for this Act was "to protect the health and safety of persons and the environment from the harmful effects of radiation, to make consequential amendments to the Health Act 1958, the Dangerous Goods Act 1985, the Environment Protection Act 1970, the Magistrates' Court Act 1989, the Nuclear Activities (Prohibitions) Act 1983, the Road Transport (Dangerous Goods) Act 1995 and for other purposes."
The Radiation Act 2005 was assented to on 20 September 2005 and came into operation as follows:
Sections 1, 2 and 146 on 21 September 2005: section 2(1); rest of Act on 1 September 2007: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Radiation Act 2005 by Acts and subordinate instruments.
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 97(Sch. item 100) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010
| Assent Date: | 30.3.10 |
| Commencement Date: | S. 51(Sch. item 45) on 1.7.10: s. 2(2) |
Radiation Amendment Act 2010, No. 24/2010
| Assent Date: | 1.6.10 |
| Commencement Date: | Ss 4–9 on 13.7.10: Government Gazette 8.7.10 p. 1518 |
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
| Assent Date: | 8.6.10 |
| Commencement Date: | S. 67 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |
Statute Law Revision Act 2011, No. 29/2011
| Assent Date: | 21.6.11 |
| Commencement Date: | S. 3(Sch. 1 item 78) on 22.6.11: s. 2(1) |
Health Professions Registration (Repeal) Act 2012, No. 27/2012
| Assent Date: | 29.5.12 |
| Commencement Date: | Ss 23–25 on 1.7.12: s. 2 |
Radiation Amendment Act 2013, No. 59/2013
| Assent Date: | 22.10.13 |
| Commencement Date: | Ss 4–10, 12–25 on 1.6.14: s. 2(3); ss 11, 26 on 1.1.15: s. 2(2) |
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
| Assent Date: | 12.11.13 |
| Commencement Date: | S. 649(Sch. 9 item 30) on 1.7.14: s. 2(1) |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 140) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Radiation Act 2005 |
Health Complaints Act 2016, No. 22/2016
| Assent Date: | 3.5.16 |
| Commencement Date: | S. 244 on 1.2.17: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Radiation Act 2005 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 105) on 1.3.19: s. 2(2) |