Div 4Accreditations and authorisations—general provisions

Division 4—Accreditations and authorisations—general provisions 22—Applications, transfers, suspension and cancellation (1) For the purposes of sections 34(6)(c), 40(3)(c) and 42(1)(e) of the Act, the following kind of offences are prescribed: (a) an offence involving a radiation source; (b) an offence involving a firearm or offensive weapon; (c) an offence involving the misuse of a hazardous material; (d) any other offence against a law of South Australia, the Commonwealth, another State or a foreign country, being a law relating to the health and safety of people or the environment, if— (i) the offence was committed within the period of 10 years immediately before the relevant time; and (ii) the offence was punishable by a fine of $5 000 or more, or by a term of imprisonment of 1 year or more. (2) For the purposes of sections 34(6)(d), 34(6)(e), 40(3)(d) and 40(3)(e) of the Act, the following Acts are prescribed: (a) Environment Protection Act 1993; (b) Firearms Act 2015; (c) Gene Technology Act 2001; (d) Health Care Act 2008; (e) Health Practitioner Regulation National Law (South Australia) Act 2010; (f) Landscape South Australia Act 2019; (g) Mining Act 1971; (h) Petroleum and Geothermal Energy Act 2000; (i) Petroleum (Submerged Lands) Act 1982; (j) Veterinary Practice Act 2003; (k) Work Health and Safety Act 2012; (l) an Act of another jurisdiction substantially corresponding to an Act referred to in a preceding paragraph. (3) For the purposes of sections 34(6)(g) and 40(3)(g) of the Act, the following are prescribed grounds: (a) there would be a material risk to public health and safety if the accreditation or authorisation were to be granted or transferred (as the case requires); (b) the proposed use of radiation is inappropriate or unjustified. (4) For the purposes of section 40(4) of the Act, a radiation use licence is a prescribed kind of authorisation. (5) In this regulation— firearm has the same meaning as in the Firearms Act 2015; hazardous material means any substance or material which by its nature poses, directly or indirectly, a risk of serious adverse effect to the health or safety of human beings or the environment, including (without limitation) the following kinds of substances or materials: (a) explosive or highly flammable or volatile substances; (b) toxic or poisonous substances (including those that may involve delayed or chronic effects to humans or delayed adverse impacts to the environment by means of bioaccumulation); (c) highly corrosive or unstable substances; (d) substances which, when mixed with air or water, are liable to give off toxic gases in dangerous quantities; (e) substances containing viable micro-organisms or their toxins which are known or suspected to cause disease in animals or humans; (f) substances capable of yielding another substance or material of a kind referred to in a preceding paragraph (such as after disposal); offensive weapon means— (a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including an explosive or an imitation explosive (that is, an article or substance intended to be taken for an explosive); or (b) an article or substance that a person has— (i) for the purpose of causing personal injury or incapacity; or (ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity; relevant time means— (a) in relation to an application for an accreditation or authorisation, or transfer of an authorisation—the date of the application; or (b) in relation to the suspension or cancellation of an accreditation or authorisation—the date of the suspension or cancellation. 23—Radiation management plans For the purposes of section 34(4) of the Act, a radiation management plan required to be submitted under that section must comply with the Code of Compliance for Radiation Management Plans 2022 published by the Department, as in force from time to time. 24—Holder of accreditation or authorisation to notify Minister on failure of security background check (1) A notice required to be given under section 44(1)(a) of the Act by the holder of an authorisation or accreditation who has failed a security background check must include the following information: (a) the authorisation holder's name, address, contact phone number and email address; (b) the authorisation number; (c) a copy of the notice of determination of the security background check. (2) A notice to which subregulation (1) applies must be given to the Minister within 7 days of receipt of the notice of determination of the security background check. 25—Holder of a radiation use licence to notify Minister on suspension, cancellation, or imposition of conditions on right to practice (1) A notice required to be given to the Minister by a health practitioner under section 44(2)(a) of the Act relating to the suspension or cancellation of, or the imposition of conditions on, the health practitioner's accreditation, licence, registration or other authority under the Health Practitioner Regulation National Law (South Australia) Act 2010 or other law must include the following information: (a) the health practitioner's name, address, contact phone number and email address; (b) details of the affected accreditation, licence, registration or other authority; (c) details of the suspension, cancellation or imposition of conditions including a copy of the notice of determination and reasons given to the health practitioner. (2) A notice required to be given to the Minister by a person under section 44(2)(b) of the Act relating to the suspension or cancellation of, or the imposition of conditions on, the person's accreditation, licence, registration or other authority under an Act or law regulating the person's right to practice must include the following information: (a) the person's name, address, contact phone number and email address; (b) details of the affected accreditation, licence, registration or other authority; (c) details of the suspension, cancellation or imposition of conditions including a copy of the notice of determination and reasons given to the person. (3) A notice to which this regulation applies must be given to the Minister within 7 days of receipt of the notice of determination of the suspension, cancellation or imposition of conditions (as the case requires). 26—Prescribed circumstances about which holders of accreditations and authorisations must notify Minister (1) For the purposes of section 44(1)(b) of the Act, the following circumstances are prescribed circumstances in relation to the holder of an accreditation or authorisation: (a) the holder enters into an agreement to sell or transfer a radiation apparatus or radiation source to another person; (b) there is a change to the address for service of the holder. (2) A notice required to be given to the Minister under section 44 of the Act in respect of the circumstances prescribed in subregulation (1)(a)— (a) must include the following information: (i) the authorisation holder's name, address, contact phone number and email address; (ii) the name, address, contact phone number and email address of the person to whom the radiation apparatus or radiation source is to be, or has been, transferred; (iii) a description of the radiation apparatus or radiation source including any details of registration under the Act; (iv) evidence of the agreement of the transfer of a kind approved by the Minister; and (b) must be given within 7 days of entering into an agreement to sell or transfer the radiation apparatus or radiation source. (3) A notice required to be given to the Minister under section 44 of the Act in respect of the circumstances prescribed in subregulation (1)(b) must include the new address for service of the holder and be given within 14 days of the change of the address for service.