Div 7Miscellaneous

Division 7—Miscellaneous 46—Power to deal with dangerous situations (1) If the Minister considers that a dangerous situation or potentially dangerous situation exists involving radiation apparatus or radioactive material— (a) the person responsible for the dangerous situation or potentially dangerous situation or a person affected by it may be directed to take, or refrain from taking, specified action; or (b) the radiation apparatus or radioactive material giving rise to the dangerous situation or potentially dangerous situation or anything contaminated or affected by the apparatus or material may be seized, removed, disposed of, treated or otherwise dealt with; or (c) any other direction may be given, or action taken, to avoid, remove or alleviate the dangerous situation or potentially dangerous situation. (2) If the Minister considers that a dangerous situation or potentially dangerous situation exists involving radiation apparatus or radioactive material at a particular place, a person may be directed to leave the place and not re‑enter it until the dangerous situation or potentially dangerous situation has ceased to exist. (3) Directions may be given or action taken under subsection (1) or (2)— (a) by the Minister; or (b) with the prior approval of the Minister—by an authorised officer, a police officer or a person appointed for the purpose by the Minister. (4) An authorised officer or police officer may exercise the powers conferred by subsection (1) or (2) without the prior approval of the Minister if the officer considers that the dangerous situation or potentially dangerous situation requires immediate action. (5) Directions under this section may be given— (a) by notice in the Gazette; or (b) by notice given in the prescribed manner to the person to whom they are directed; or (c) orally or by electronic communication. (6) If a person— (a) hinders or obstructs a person exercising a power, or complying with a direction, under this section; or (b) contravenes, or fails to comply with, a direction given under this section, that person is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 5 years or both. (7) If a person fails to comply with a direction given under this section, the Minister may take action, or cause action to be taken, to avoid, remove or alleviate the dangerous situation or potentially dangerous situation. (8) If— (a) costs or expenses are incurred by the Minister in taking action, or causing action to be taken, under this section; and (b) the dangerous situation in respect of which the action was taken resulted from an act done, or omission made, by a person in contravention of this Act, the Minister may recover those costs or expenses from that person by order of the court made in proceedings for the recovery of a penalty in respect of the act or omission, or by separate action in a court of competent jurisdiction. (9) In this section— dangerous situation means a situation that is creating or is likely to create— (a) imminent risk to the health or safety of a person, or the safety of the person's property; or (b) imminent risk of environmental harm; potentially dangerous situation means a situation that could create— (a) imminent risk to the health or safety of a person, or the safety of the person's property; or (b) imminent risk of environmental harm. 47—Power to protect security enhanced radioactive sources and high risk radioactive sources and material (1) A person who has not undergone a security background check must not obtain or access, attempt to obtain or access, or deal in any way with— (a) a security enhanced radioactive source; or (b) a high risk radioactive source; or (c) high risk radioactive material. Maximum penalty: $50 000 or imprisonment for 10 years. (2) If the Minister has reason to believe that a person may pose a threat to the security of— (a) a security enhanced radioactive source; or (b) a high risk radioactive source; or (c) high risk radioactive material, by reason of the person having failed to pass a security background check, the Minister may, by notice given to the person in the prescribed manner— (d) give the person a direction that the person must not— (i) obtain or access or attempt to obtain or access; or (ii) deal in any way with, a security enhanced radioactive source, a high risk radioactive source or high risk radioactive material; and (e) give the person a direction placing such other restrictions on the person's activities involving such radioactive sources and material as the Minister considers necessary to maintain the security of such sources and material. (3) A person must not contravene a direction given to the person under this section. Maximum penalty: $50 000 or imprisonment for 10 years. 48—Emergency authorisations (1) The Minister or an authorised officer may, by notice given in the prescribed manner, grant the person a permit authorising an act or omission that might otherwise constitute a contravention of this Act if the Minister or authorised officer is satisfied that— (a) circumstances of urgency exist such that it is not practicable for the person to obtain an exemption; and (b) the authorisation of the act or omission is justified by the need to protect life, the environment or property. (2) A permit under this section is subject to the following conditions: (a) a condition that the person pay the prescribed fee; (b) such other conditions as the Minister or the authorised officer who granted the permit thinks fit to impose and specifies in the permit. (3) A person incurs no liability to a penalty under this Act in respect of an act or omission authorised under this section. (4) A person who would, but for a permit under this section, have contravened a provision of this Act is, despite the permit, to be taken to have contravened that provision for the purposes of any proceedings under section 65 in respect of the contravention. 49—Limits of exposure to ionising radiation not to be more stringent than limits fixed under certain codes etc Despite any other provision of this Act, no limit of exposure to ionising radiation may be fixed by the regulations or a condition of an authorisation imposed under this Act in relation to an operation for mining or mineral processing that is more stringent than the most stringent of all the limits, or less stringent than the least stringent of all the limits, for the time being fixed in the codes, standards and recommendations applied, approved or published under the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth or any other Act or law of the Commonwealth or by the National Health and Medical Research Council, the International Commission on Radiological Protection or the International Atomic Energy Agency.