4Declarations that certain materials and apparatuses are not radiation sources

4 Declarations that certain materials and apparatuses are not radiation sources

(1) The Secretary, by notice published in the Government Gazette, may declare—

(a) a material or class of material that spontaneously emits ionising radiation not to be a radioactive material for the purposes of this Act;

(b) an apparatus or class of apparatus that produces ionising radiation because it contains a sealed source not to be a sealed source apparatus for the purposes of this Act;

(c) an apparatus or class of apparatus that produces ionising radiation when energised not to be an ionising radiation apparatus for the purposes of this Act.

(2) The Secretary may only make a declaration under subsection (1) if he or she is satisfied that the ionising radiation—

(a) emitted by the material or class of material; or

(b) produced by the apparatus or class of apparatus—

does not pose a significant risk to the health or safety of any person or the safety of the environment.