Subdiv 1Sale or disposal of radiation apparatus

Subdivision 1—Sale or disposal of radiation apparatus 35—Application of Subdivision This Subdivision applies to a business during the course of which ionising radiation apparatus is sold, installed or maintained. 36—Duty to give Minister notice before selling, installing or maintaining ionising radiation apparatus in course of business A person must not carry on a business to which this Subdivision applies unless the person has given the Minister notice in writing that— (a) contains the full name and address of the person carrying on the business or, in the case of a company, the name of the company and the address of its registered office; and (b) states whether it is intended to hold a stock of ionising radiation apparatus, and if so, what kind of apparatus is likely to be held, where it is likely to be held and in what quantities; and (c) states whether any ionising radiation apparatus that is likely to be held in stock is likely to be operable; and (d) states whether any person (whether the person carrying on the business or an employee at the business) is likely to be called on to operate ionising radiation apparatus in the course of carrying on the business; and (e) if ionising radiation apparatus is likely to be sold during the course of carrying on the business—contains a statement setting out full details of the kind of apparatus that is likely to be sold. 37—Duty to give Minister notice of defective apparatus sold or installed (1) If, during the course of carrying on a business to which this Subdivision applies, a person sells or installs ionising radiation apparatus and after the sale or installation becomes aware that— (a) the apparatus the person has sold or installed has a defect; or (b) apparatus of the same class or kind as the apparatus the person has sold or installed has a defect, the person must, within 7 days of becoming aware of the defect, give the Minister notice in writing containing— (c) details of the defect; and (d) the class or kind of apparatus affected by the defect; and (e) the likely effects of the defect; and (f) details of the steps the person is taking or intends to take to rectify the defect. (2) A person who fails to comply with subregulation (1) is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 5 years. defect means a fault in the design or construction of the apparatus that is likely to increase the dose of ionising radiation that may be received by a person from the apparatus. 38—Duty to give Minister notice of changes etc to information supplied about defective apparatus sold or installed If a person who gives the Minister a notice under regulation 37 becomes aware of— (a) a change in any information the person has supplied; or (b) additional information relating to the information supplied, the person must, within 7 days of becoming aware of the changed or additional information, give the Minister a further notice in writing setting out in full the details of the change to or information additional to the information supplied. 39—Duties of person receiving order for sale of apparatus If a person who carries on a business to which this Subdivision applies receives an order for the sale of ionising radiation apparatus, the person must, if intending to accept the order, give the person making the order a notice in the form determined by the Minister. 40—Duty to give Minister notice of sale or installation of ionising radiation apparatus If a person who carries on a business to which this Subdivision applies— (a) intends to deliver to another person a portable or mobile ionising radiation apparatus; or (b) intends to install any fixed ionising radiation apparatus, the person must, before the intended delivery or installation, give the Minister notice in writing containing— (c) the name of the person who sold the apparatus; and (d) the name of the person to whom the apparatus was sold; and (e) a statement setting out the make, model, class or kind of apparatus that was sold, and the address to which it is to be delivered or installed. 41—Duty to give Minister notice of sale or disposal of apparatus (1) If a person who does not carry on a business to which this Subdivision applies sells or otherwise disposes of any ionising radiation apparatus the person must, within 14 days of the sale or disposal, give the Minister notice in writing containing— (a) the name and address of the person who sold or disposed of the apparatus; and (b) the registration number of the apparatus sold or disposed of; and (c) the date of the sale or disposal; and (d) the manner of the sale or disposal; and (e) whether the apparatus was made incapable of operation before the sale or disposal; and (f) if the apparatus was sold—the name and address of the person to whom the apparatus was sold. (2) This regulation does not apply in relation to the sale or disposal of ionising radiation apparatus if notice of the sale or disposal has been given to the Minister in accordance with regulation 26. 42—Minister's power to require further information (1) If a person has given a notice or supplied information to the Minister in accordance with this Subdivision, the Minister may require the person, by notice in writing, to supply such additional information as the Minister thinks fit. (2) A person must comply with the requirements of a notice under subregulation (1) within 28 days, or such longer period as the Minister may approve, of service of the notice. 43—Certain apparatus to be made inoperable before sale or disposal (1) A person who sells or otherwise disposes of any ionising radiation apparatus and believes on reasonable grounds that the apparatus will not be operated after the sale or disposal must make the apparatus incapable of operation before the sale or disposal. (2) For the purposes of this regulation, apparatus is incapable of operation if it would require specialist knowledge to make it operable.