85Exemptions

85 Exemptions

(1)  The regulations may exempt from the operation of this Act, or a provision of this Act or the regulations, any of the following or a class of any of the following:

(a) a person;

(b) a radiation source;

(c) a radioactive material or an amount of radioactive material;

(d) a radiation apparatus;

(e) an activity or dealing with a radiation source;

(f) a level of exposure to a radiation source.

(2)  [Section 85 Subsection (2) substituted by No. 16 of 2013, s. 11, Applied:20 Jun 2013] The exemption may be given only if –

(a) it could not reasonably be expected to pose any threat of harm, or more than a negligible threat of harm, to the health or safety of persons or to the environment; or

(b) if paragraph (a) does not apply, preserving the relevant legislative controls over the person or matter to be exempted could not reasonably be expected to achieve any worthwhile net public benefit in terms of reducing the associated threats of harm to the health or safety of persons or to the environment.

(3)  The exemption may be given on conditions stated in the regulation.

(4)  A person must not contravene a condition of the exemption.

Penalty:  Fine not exceeding 50 penalty units.