Div 6General provisions relating to accreditations and authorisations

Division 6—General provisions relating to accreditations and authorisations 34—Application for accreditation or authorisation (1) An application for an accreditation or authorisation under this Act must be made in a manner and form determined by the Minister. (2) The prescribed application fee must be paid to the Minister when an application for an accreditation or authorisation is made. (3) The Minister may, before determining an application for an accreditation or authorisation, require the applicant— (a) to undergo an identity check or a security background check (or both); and (b) to furnish such further information, documents or other material as the Minister may require to determine the application; and (c) to comply with such other requirements as may be prescribed by the regulations. (4) An applicant for the issue of a radiation management licence must submit to the Minister a radiation management plan that complies with the regulations. (5) The Minister must not grant an accreditation or authorisation unless satisfied that— (a) in the case of an applicant who is a natural person—the applicant is a fit and proper person to hold an accreditation or authorisation of the kind for which application has been made; or (b) in the case of an applicant that is a body corporate—every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds an accreditation or authorisation of the kind for which application has been made. (6) The Minister may refuse to grant an accreditation or authorisation— (a) if the applicant has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (b) if the applicant has been found guilty of an offence involving dishonesty or violence; or (c) if the applicant has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (d) if the applicant has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (e) if the applicant is or has been the director of a body corporate that has contravened this Act, the repealed Act, a prescribed Act or a corresponding law, or has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (f) if the applicant has failed to pass an identity check or a security background check; or (g) if prescribed grounds exist for the refusal. (7) For the purposes of this section, any Act, including a repealed Act or an Act of a place other than this State, may be declared by regulation to be a prescribed Act. 35—Annual fee (1) The prescribed annual fee is payable in respect of each year of the term of an accreditation or authorisation. (2) The fee for the first year of the term of an accreditation or authorisation must be paid before the grant of the accreditation or authorisation and the fee for each succeeding year must be paid on or before the anniversary of the date of the grant of the accreditation or authorisation or, if it has been renewed, the anniversary of the date of its last renewal. (3) If the holder of an accreditation or authorisation fails to pay the annual fee for the accreditation or authority in accordance with this section, the Minister may, by notice given in the prescribed manner to the holder, require the holder to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. 36—Conditions of accreditation or authorisation (1) An accreditation or authorisation may be subject to such conditions as the Minister thinks fit and specifies in the accreditation or authorisation. (2) A radiation management licence is subject to a condition that the holder of the licence must ensure that the radiation management plan submitted under section 34 is complied with. (3) The Minister may at any time, by notice given in the prescribed manner to the holder of an accreditation or authorisation, vary or revoke a condition of the accreditation or authorisation, or impose a further condition. (4) A decision of the Minister to impose a condition on, or to vary a condition of, an accreditation or authorisation takes effect at the expiration of 1 month from the date on which notice is given under subsection (3), but if an application for review of the decision is made the Tribunal may act under section 36(2) and (3) of the South Australian Civil and Administrative Tribunal Act 2013. (5) The holder of an accreditation or authorisation must not contravene a condition of the accreditation or authorisation. (a) if the condition is a major condition— (i) in the case of a body corporate—$500 000; (ii) in the case of a natural person—$100 000 or imprisonment for 10 years or both; (b) if the condition is a minor condition— (i) in the case of a body corporate—$50 000; (ii) in the case of a natural person—$10 000. (6) The expiation fee for an alleged offence against subsection (5) relating to a minor condition is— (a) in the case of a body corporate—$5 000; (b) in the case of a natural person—$1 000. (7) The Minister may, by notice in the Gazette— (a) designate a specified condition, or a condition of a specified class, as a major condition for the purposes of this section; or (b) vary or revoke a designation under paragraph (a). (8) In this section— major condition of an accreditation or authorisation means a condition, or a condition of a class, designated by the Minister as a major condition for the purposes of this section; minor condition of an accreditation or authorisation means a condition that is not a major condition. 37—Minister may require financial assurance to secure compliance with conditions of authorisation (1) Subject to this section, the Minister may impose a condition on an authorisation requiring the holder of the authorisation to lodge with the Minister a financial assurance, the discharge of which is conditional on specified conditions of the authorisation being complied with. (2) A condition requiring the lodgment of a financial assurance may be imposed— (a) when an authorisation is granted; or (b) when an authorisation is transferred. (3) A financial assurance may take the form of— (a) a bond; or (b) a specified pecuniary sum; or (c) a policy of insurance; or (d) a letter of credit; or (e) a form of financial assurance approved by the Minister. (4) The Minister may require a financial assurance to be supported by a bank guarantee or other security approved by the Minister. (5) In the case of a condition requiring a financial assurance in the form of a policy of insurance— (a) the Minister may require that the Minister be a joint insured or a beneficiary of the insurance; and (b) the Minister will be taken to have an insurable interest in the subject matter covered by the insurance policy. (6) The Minister must not impose a condition on an authorisation requiring the lodgment of a financial assurance unless satisfied that the condition is justified in view of the nature of the authorisation and the degree of harm to the environment or to the health or safety of people that could result if the conditions of the authorisation for which the financial assurance is to be required are not complied with. (7) The amount of a bond or pecuniary sum that the Minister may require as a financial assurance must not exceed an amount that, in the opinion of the Minister, represents the total of the likely costs and expenses that might be incurred by a person in complying with the conditions of the authorisation for which the financial assurance is required. (8) Despite any other provision of this Act, the Minister may refuse to issue an authorisation or approve the transfer of an authorisation if the applicant or transferee is not willing to accept an authorisation subject to a condition requiring the lodgment of a financial assurance. (9) If a condition requiring a financial assurance in the form of a bond or pecuniary sum is not complied with— (a) the Minister may determine that the whole or part of the amount of the bond or pecuniary sum is forfeited to the Crown; and (b) the Minister may apply an amount so forfeited in payment for or towards any costs, expenses, loss or damage that may be incurred or suffered by the Crown as a result of the conditions of the authorisation not being complied with. 38—Duration of accreditation or authorisation and renewal (1) Subject to this Act, an accreditation or authorisation will remain in force for such period (being not less than 12 months and not more than 5 years) as the Minister may specify— (a) in the case of an accreditation or registration—in the certificate of accreditation or registration; or (b) in the case of a licence—in the licence. (2) Subject to this Act, the Minister must, on application made in a manner and form determined by the Minister and payment of the prescribed fee, renew an accreditation or authorisation. (3) Subject to this Act, an accreditation or authorisation renewed under this section will remain in force for such period (being not less than 12 months and not more than 5 years) as the Minister may specify— (a) in the case of an accreditation or registration—in the certificate of accreditation or registration; or (b) in the case of a licence—in the licence. (4) In this section— prescribed fee means— (a) in relation to an accreditation or authorisation for which an annual fee has been prescribed—the annual fee payable in respect of the year of the term of the accreditation or authorisation commencing on the date of its renewal; or (b) in any other case—the fee prescribed for renewal of the accreditation or authorisation. 39—Issue of single authorisation (1) If a person engages in multiple activities or carries out multiple operations that require a licence under this Act, the Minister may, on application by the person for the issue or renewal of a licence under this Act for any of those activities or operations, grant the person a single licence authorising all activities and operations for which the person requires a licence under this Act. (2) If the Minister issues a single licence under this section, the Minister may record on that licence any registration held by the holder of the licence. 40—Transfer of authorisations (1) Subject to this section, the Minister must— (a) on application made in a manner and form determined by the Minister; and (b) payment of the prescribed fee, approve the transfer of an authorisation. (2) The Minister must not approve the transfer of an authorisation unless satisfied that— (a) in the case of an applicant who is a natural person—the applicant is a fit and proper person to hold an authorisation of the kind to which the application relates; or (b) in the case of an applicant that is a body corporate—every member of the governing body of the body corporate is a fit and proper person to be a member of the governing body of a body corporate that holds an authorisation of the kind to which the application relates. (3) The Minister may refuse to approve the transfer of an authorisation— (a) if the applicant has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (b) if the applicant has been found guilty of an offence involving dishonesty or violence; or (c) if the applicant has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (d) if the applicant has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (e) if the applicant is or has been the director of a body corporate that has contravened this Act, the repealed Act, a prescribed Act or a corresponding law, or has held an accreditation or authorisation that has been cancelled or suspended under this Act, the repealed Act, a prescribed Act or a corresponding law; or (f) if the applicant has failed to pass an identity check or a security background check; or (g) if prescribed grounds exist for the refusal. (4) This section does not apply to an authorisation of a prescribed kind. (5) For the purposes of this section, any Act, including a repealed Act or an Act of a place other than this State, may be declared by regulation to be a prescribed Act. 41—Surrender of accreditations and authorisations (1) Subject to this section, the holder of an accreditation or authorisation may surrender the accreditation or authorisation to the Minister. (2) A radiation management licence or registration may only be surrendered with the approval of the Minister. (3) An application for approval to surrender an authorisation must be made in a manner and form determined by the Minister. (4) The Minister may, on application for approval to surrender an authorisation— (a) approve the surrender of the authorisation; or (b) if satisfied that it is necessary in order to protect the health or safety of people or to protect or restore the environment— (i) impose further conditions on the authorisation; and (ii) approve the surrender of the authorisation on the holder of the authorisation satisfying the Minister that the conditions have been fulfilled or that satisfactory arrangements have been made for their fulfilment. (5) On the surrender of an accreditation or authorisation, the accreditation or authorisation ceases to have any force or effect. (6) The prescribed fee must be paid when an application for an approval under this section is made. 42—Suspension and cancellation of accreditations and authorisations (1) Proper cause exists for the suspension or cancellation of an accreditation or authorisation if the Minister is satisfied that— (a) the accreditation or authorisation was improperly obtained; or (b) the holder of the accreditation or authorisation has contravened, or failed to comply with, a condition of the accreditation or authorisation; or (c) the holder of the accreditation or authorisation has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or (d) the holder of the accreditation or authorisation has been found guilty of an offence involving dishonesty or violence; or (e) the holder of the accreditation or authorisation has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or (f) the holder of the accreditation or authorisation is for any other reason no longer a fit and proper person to hold the accreditation or authorisation; or (g) in the case of an accreditation—the holder of the accreditation— (i) has ceased to hold a qualification on the basis of which the Minister granted the accreditation; or (ii) has not acted competently or appropriately in undertaking activities under the accreditation; or (h) in the case of an authorisation—the holder of the authorisation— (i) has ceased to hold a qualification on the basis of which the Minister granted the authorisation; or (ii) has ceased to work in a capacity for which the authorisation is required; or (i) the holder of the accreditation or authorisation has, on at least 2 occasions, made decisions that have compromised the security of a radiation source; or (j) in the case of an accreditation or authorisation relating to a security enhanced radioactive source—the holder of the accreditation or authorisation has failed to pass a security background check; or (k) events have occurred or circumstances have changed such that the holder of the accreditation or authorisation would not be entitled to be granted that accreditation or authorisation if an application were now to be made; or (l) the security of a radiation source, the environment, or the health or safety of the public, may be put at risk unless the accreditation or authorisation is suspended or cancelled. (2) Proper cause exists for the suspension or cancellation of a radiation use licence— (a) in the case of a licence held by a health practitioner—if the health practitioner's accreditation, licence, registration or other authority under the Health Practitioner Regulation National Law (South Australia) or other Act regulating the health practitioner's right to provide health services is suspended or cancelled, or conditions are placed on the health practitioner's accreditation, licence, registration or other authority limiting the health practitioner's right to provide health services; or (b) in the case of a person (other than a health practitioner) who operates radiation apparatus in the course of the person's professional practice—if the person's accreditation, licence, registration or other authority under an Act regulating the person's right to practice is suspended or cancelled, or conditions are placed on the person's accreditation, licence, registration or other authority limiting the person's right to practice. (3) If proper cause exists for the suspension or cancellation of an accreditation or authorisation, the Minister may, by notice given in the prescribed manner to the holder of the accreditation or authorisation— (a) suspend the accreditation or authorisation for a specified period or until the Minister terminates the suspension; or (b) cancel the accreditation or authorisation. (4) A notice of suspension or cancellation under subsection (3) must specify the time at which the suspension or cancellation will take effect. (5) An accreditation or authorisation that is cancelled under this section ceases to have any force or effect when the cancellation takes effect. (6) An accreditation or authorisation that is suspended under this section has no force or effect during the period of the suspension. (7) If an accreditation or authorisation is suspended, it may be renewed but remains subject to suspension until the expiration of the period of suspension. (8) If an authorisation is suspended, the Minister may give such directions in relation to— (a) the use or occupation of any premises and the use, handling or storage of the unsealed radioactive material; or (b) the operation, use or storage of the sealed radioactive source or radiation apparatus, during the period of the suspension as the Minister considers appropriate. (9) If an authorisation is cancelled, the Minister may— (a) in relation to any relevant premises, give such directions as the Minister considers appropriate in relation to the use or occupation of the premises and the disposal of the unsealed radioactive material; or (b) in the case of a sealed radioactive source or radiation apparatus— (i) give such directions as the Minister considers appropriate in relation to the disposal of the source or apparatus; or (ii) by notice given in the prescribed manner to the owner of the source or apparatus, forfeit the source or apparatus to the Crown. (10) If the Minister forfeits a sealed radioactive source or radiation apparatus under subsection (9)(b)(ii), the source or apparatus may be seized by an authorised officer and disposed of as the Minister directs. (11) If the Minister disposes of a sealed radioactive source or radiation apparatus under subsection (10), the Minister may recover any reasonable costs incurred by the Minister in doing so from the former owner of the source or apparatus as a debt due to the Minister. (12) The person in whose name any premises, sealed radioactive source or radiation apparatus was licensed or registered must not contravene a direction given by the Minister under subsection (8) or (9). (13) If the Minister suspends or cancels an accreditation or authorisation under this section, the Minister must advise the Committee of that fact. 43—Review of decisions (1) A person aggrieved by a reviewable decision may apply to the Tribunal for a review of the decision. (2) The following are reviewable decisions: (a) a decision of the Minister to refuse to grant an accreditation or authorisation; (b) a decision of the Minister to impose a condition on an accreditation or authorisation; (c) a decision of the Minister to vary a condition of an accreditation or authorisation; (d) a decision of the Minister to suspend or cancel an accreditation or authorisation; (e) a decision of the Minister to give a direction in relation to the suspension or cancellation of an accreditation or authorisation; (f) a decision of a prescribed class. (3) Subject to section 66 of the South Australian Civil and Administrative Tribunal Act 2013, the application for review must be made within 1 month after the making of the decision to be reviewed. (4) A person who makes a reviewable decision must, if requested in writing by a person affected by the decision, give the person a written statement of the reasons for the decision within 14 days after the request is made. (5) If— (a) a written statement of the reasons for the decision is not given at the time the decision is made; and (b) a person affected by the decision makes a request for a written statement of the reasons under subsection (4), the time for making the application for review runs from the time that the person is given a written statement of the reasons. 44—Obligation of holders of accreditations and authorisations to notify Minister of certain matters (1) The holder of an accreditation or authorisation must give the Minister notice in accordance with this section if— (a) the holder fails a security background check; or (b) prescribed circumstances arise. Maximum penalty: $10 000. (2) The holder of a radiation use licence authorising the holder to operate radiation apparatus or to use or handle a radioactive material must give the Minister notice in accordance with this section if— (a) the holder is a health practitioner and the health practitioner's accreditation, licence, registration or other authority under the Health Practitioner Regulation National Law (South Australia) or other Act or law regulating the health practitioner's right to provide health services is suspended or cancelled, or conditions are placed on the health practitioner's accreditation, licence, registration or other authority limiting the health practitioner's right to provide health services; or (b) the holder is a person (other than a health practitioner) who operates radiation apparatus, or uses or handles a radioactive material, in the course of the person's professional practice and the person's accreditation, licence, registration or other authority under an Act or law regulating the person's right to practice is suspended or cancelled, or conditions are placed on the person's accreditation, licence, registration or other authority limiting the person's right to practice. Maximum penalty: $10 000. (3) Notice under this section— (a) must be given in a manner and form determined by the Minister; and (b) must include the information prescribed by the regulations; and (c) must be given within the prescribed period. 45—Death, bankruptcy etc of holder of authorisation (1) If a person who holds an authorisation dies, the personal representative of the deceased, or some other person approved by the Minister on application, will be taken to hold that authorisation (on the same conditions as were applicable to the deceased) as from the date of the death until the expiration of the prescribed period. (2) If a person who holds an authorisation becomes bankrupt or insolvent, the official receiver will be taken to hold that authorisation (on the same conditions as were applicable to the person who previously held the authorisation) as from the date on which the person became bankrupt or insolvent until the expiration of the prescribed period. (3) If a body corporate that holds an authorisation is being wound up or is under administration, receivership or official management, a person vested by law with power to administer the affairs of the body corporate will be taken to hold the authorisation (on the same conditions as were applicable to the body corporate) as from the date on which the person was appointed to administer the affairs of the body corporate until the expiration of the prescribed period. (4) In this section— prescribed period means— (a) a period of 6 months; or (b) such longer period as may be fixed by the Minister.