Radiation Protection Regulation 2007

The regulation’s central legal and technical concepts are the prohibited radiation source, exemptions (including “exempt radiation source” and “unsealed radiation source”), the role of the national directory, prescribed register matters, and the linkage to the Act’s incident/dose framework.

Prohibited radiation source: Section 5 declares that any radiation source listed in Schedule 1 is a prohibited radiation source. Schedule 1 identifies four specific categories (dento‑maxillofacial intra‑oral x‑ray equipment operating below 60 kVp; direct fluoroscopy x‑ray equipment; shoe‑fitting x‑ray units; and tanning units used for cosmetic purposes in a solarium). The Dictionary defines “tanning unit” as an electrically powered appliance intended to produce tanning of human skin by ultraviolet radiation, and “solarium” as a commercial establishment containing one or more tanning units to provide tanning for cosmetic purposes. The regulation therefore links the prohibition to both device type and use context (cosmetic solarium use).

Exemptions and unsealed radiation source: The regulation implements two overlapping exemption mechanisms. First, it adopts exemption criteria and levels from the national directory: the Minister must take into account the criteria for an exemption under the national directory when deciding whether to exempt a radiation source (s 8), and the prescribed exemption level for a radiation source under the Act is the exemption level in the national directory (s 7). Second, s 9 creates an explicit statutory exemption for radiation apparatus if the apparatus is exempt under the national directory (s 9(1)). Section 9(2) then provides that an “unsealed radiation source” is exempt from specific Act sections dealing with registration and dealings with unregistered sources (s 9(2)). The Dictionary defines “unsealed radiation source” for the purposes of s 9(3) as radioactive material that is not permanently sealed in a container or closely bonded and in a solid form.

Delegation to the national directory: Multiple provisions refer the regulation’s technical content to the national directory (s 6, s 7, s 8, s 100, s 102). The regulation does not itself set numerical dose limits or incident thresholds but states that those limits are “under the national directory” (s 102) and that a radiation incident under the national directory is a “dangerous event” for the Act (s 100). This establishes the national directory as the operative technical instrument for threshold values, facility classifications and incident definitions.

Register and prescribed matters: Section 101 prescribes particular decisions that must be recorded in the register kept under the Act. These include decisions to refuse to issue licences to deal with regulated radiation sources (s 101(a)), amendments of licences on the council’s own initiative (s 101(b)) or on application (s 101(c)), decisions to refuse to register a radiation source (s 101(d)), and amendments of registrations on council initiative or application (s 101(e)-(f)). The regulation therefore places certain administrative decisions within the statutory transparency machinery of the register.

Linkage to the Act and definitions: The Dictionary makes clear that terms used in the regulation have the same meaning as in the Act, where defined, and that key definitions are located in the Act (Dictionary notes). The regulation is therefore tightly coupled to definitional scaffolding in the Act and to the national directory for technical detail.

Collectively these concepts create a two‑tier regulatory architecture: categorical device prohibitions and carve‑outs set by the regulation itself, and technical thresholds, classification and exemptions implemented via the national directory. The main operational consequence is that the legal status of many devices and materials depends not only on this regulation but also on the entries and criteria in the national directory.

The regulation affects four broad groups of actors by name and several more indirectly by operation: operators and owners of radiation apparatus and facilities, manufacturers and importers of listed devices, commercial solarium operators (and persons providing tanning services), and public authorities administering licensing, registration and enforcement under the Act.

Operators and owners of radiation apparatus and facilities: The regulation’s prohibited list (Schedule 1) directly affects businesses and individuals who currently own or operate the listed devices. Dental clinics using dento‑maxillofacial x‑ray equipment with intra‑oral receptors operating below 60 kVp will be affected by the Schedule 1 prohibition (Schedule 1, item 1). Medical imaging providers that use direct fluoroscopy x‑ray equipment are affected by Schedule 1, item 2. Retail shoe stores or businesses that use shoe‑fitting x‑ray units are affected by Schedule 1, item 3. Solarium operators who provide cosmetic tanning services are directly affected by Schedule 1, item 4; the Dictionary defines solarium and tanning unit for this purpose.

Owners and dealers of radioactive material: Section 9 affects owners and dealers of “unsealed radiation sources” by exempting such sources from specific registration and possession/dealing offences in the Act. The regulation defines “unsealed radiation source” narrowly (radioactive material not permanently sealed or not closely bonded and solid) for the purpose of exemption (s 9(3)). That means owners and handlers of such material may be relieved of the obligations to apply to register under Act s 25, and the specific offences in s 60 and s 60A concerning owning or dealing with an unregistered radiation source (s 9(2)) will not apply to them for the exempted sources.

Manufacturers, importers and suppliers: Producers and suppliers of devices listed in Schedule 1 will face a changed market for those devices in the ACT. Where devices are made prohibited, supply, importation, installation and sale in the Territory are affected by the prohibition framework in the Act as rendered by the regulation’s Schedule. Entities that design or certify dental x‑ray equipment need to check whether their products fall within the Schedule 1 voltage/receptor specification, because units below 60 kVp with intra‑oral receptors are specifically listed (Schedule 1, item 1).

Regulators and administrative decision‑makers: The council responsible for licences and registrations under the Act is affected operationally because s 101 prescribes which licensing and registration decisions must appear on the register. The regulation also directs that certain technical matters are to be obtained from the national directory, meaning the administrative burden of staying current with the national directory falls on regulators.

Indirectly affected groups: Insurers and clinical governance bodies for health services will also be affected because changes to device legality can affect clinical practice, indemnity obligations and equipment replacement decisions. Employers and occupational health practitioners managing worker exposure will need to align workplace safety plans with the national directory dose limits referenced by s 102 and with the prohibition list for tanning and certain x‑ray equipment.

Geography and scope: The regulation is an ACT instrument; its legal effect operates within the Australian Capital Territory. However, because it references nationally framed instruments (the national directory), businesses operating in multiple jurisdictions may face differing obligations between the ACT and other states or territories.

In short, the regulation’s principal direct impacts fall on providers and owners of the specific devices in Schedule 1 and on handlers of unsealed radioactive material who benefit from targeted registration exemptions. The reliance on the national directory also creates ongoing compliance obligations for both regulated entities and administering authorities to monitor that external instrument.

Duties: The regulation imposes several duties, either directly or by reference.

• Prohibition duty: Entities must not supply, use or otherwise engage in activities with radiation sources that are declared “prohibited radiation sources” in Schedule 1 (s 5; Schedule 1). The regulation turns specified devices into prohibited items under the Act by naming them. The practical duty is to cease placing these devices in service in the Territory where the Act treats prohibited sources as unlawful; the regulation itself implements the list.

• Compliance with national directory thresholds: Multiple duties are effectively outsourced to the national directory. The Minister must take into account criteria in the national directory when deciding to exempt a radiation source (s 8). Operators must comply with dose limits that are defined in the national directory for the purpose of the Act (s 102). A “radiation incident” as defined by the national directory is a “dangerous event” under the Act (s 100), triggering statutory reporting and response duties in the Act. Entities therefore face duties to meet technical standards and reporting requirements as set out in the national directory.

• Registration and licence duties (subject to exemptions): Section 9(2) exempts “unsealed radiation source[s]” from three Act sections,s 25 (application for registration of radiation source), s 60 (owning unregistered radiation source) and s 60A (dealing with unregistered radiation source). For unsealed sources that qualify, the duty to register and the exposure to the named offences are removed. For other sources that are not exempt, the normal Act duties to apply for registration and not to own or deal in unregistered sources continue to apply (the regulation does not remove those duties).

• Administrative transparency duty: The council must ensure prescribed licensing and registration decisions are entered in the register (s 101). The regulation prescribes which decisions must be recorded,refusals to issue licences, amendments of licences (on initiative and on application), refusals to register, and amendments to registrations (s 101(a)-(f)).

Rights: The regulation also gives or preserves certain rights, mostly by defining how decisions are to be recorded or how exemptions operate.

• Right to be clear on the legal status of devices: By specifying a closed list of prohibited devices, the regulation gives clarity (to the extent the Schedule is precise) about devices that are unlawful in the ACT (s 5; Schedule 1). That assists businesses and owners in knowing which equipment must not be used.

• Procedural transparency: The prescribed register matters (s 101) create a statutory right of transparency about certain administrative decisions. Affected persons can inspect the register entries for refusals or amendments recorded under s 101, which supports visibility into the exercise of the council’s powers.

• Exemption benefit: Persons who possess or deal with “unsealed radiation source[s]” that fit the definition in s 9(3) have a statutory exemption from the statutory duties to apply for registration and from the specific offences referred to in s 9(2). That is a substantive right to avoid the registration burden and exposure to the named offences, albeit limited to the specified provisions.

Limits and delegation: Many duties and rights are framed by reference to the national directory and to definitions in the Act (Dictionary notes). The regulation does not itself set certain operational limits such as dose limits or the full scope of licence conditions; it refers those to the national directory or the Act (s 6, s 7, s 8, s 100, s 102). That means obligations can change when the national directory is updated, without regulation amendment. Users therefore have a duty to monitor the national directory as an operational compliance task.

Record-keeping and evidentiary duties: Although the regulation does not itself prescribe broad record-keeping obligations in the operative text, s 101’s register entries and the exemptions in s 9 indicate that registrability status and licensing decisions will be matters of record that interact with administrative processes under the Act.

In short, the regulation creates an explicit duty to avoid or remove Schedule 1 devices from regulated activities, delegates several technical duties to the national directory, and creates narrow statutory exemptions that reduce registration obligations for certain unsealed materials. Rights are mainly transparency and exemption privileges, contingent on the device or material fitting the regulation’s definitions.

The regulation itself contains limited material on penalties; enforcement mechanisms and offences are primarily located in the Radiation Protection Act 2006, which is the parent Act under which this regulation was made. The republication preface of the regulation states that at the republication date the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation. That is the monetary unit used to calculate penalties where offences apply under the Act or this regulation (republication note, Penalties). The regulation however does not set out specific penalties for contravening its provisions; it instead (a) defines certain devices as “prohibited radiation source[s]” and (b) exempts certain sources from designated Act offences, thereby affecting the set of offences that might apply to particular persons.

Prohibited sources and enforcement: By designating a radiation source as “prohibited” in Schedule 1 (s 5), the regulation operates with the Act’s enforcement architecture for prohibited sources. The Act’s relevant provisions are not reproduced in the regulation. Therefore contravention of the prohibition, and the precise offences available, will be those in the Act as applied to prohibited sources (s 5). The regulation places the onus on regulated parties to remove or not operate Schedule 1 equipment; enforcement of that duty (investigation, compliance notices, seizure, prosecution) will be implemented under the Act and associated enforcement powers.

Exemptions reduce criminal exposure: Section 9(2) makes an operational enforcement effect: an “unsealed radiation source” that meets the regulation’s definition is expressly exempt from the Act’s registration regime provisions listed (s 25) and from the offences of owning an unregistered radiation source (s 60) and dealing with an unregistered radiation source (s 60A). For persons who qualify under s 9(3), therefore, two specific criminal offences in the Act will not apply (s 9(2)). That reduces criminal exposure for certain classes of handlers of unsealed materials, but only for the specified Act sections; other regulatory duties or offences under the Act may continue to apply.

Dangerous events and reporting/enforcement triggers: The regulation declares that “a radiation incident under the national directory is a dangerous event” for the Act (s 100). That has enforcement significance because the Act’s breach and incident response regime is activated by dangerous events. The regulation therefore aligns the definition of a dangerous event with the national directory’s incident definition, which may widen or narrow the set of events that trigger reporting and enforcement, depending on the national directory content.

Register disclosures as an enforcement mechanism: Section 101 prescribes which licensing and registration decisions must be recorded in the register and therefore publicly available. Publication of refusals and amendments can function as an administrative penalty or reputational enforcement mechanism; mandatory register entries increase transparency and create additional compliance incentives for licence-holders and applicants.

Interplay with national directory and enforcement uncertainty: Because dose limits, exemption levels and incident definitions are set by the national directory (s 7, s 8, s 100, s 102), changes to that instrument can change the threshold for enforcement action without amendment of this regulation. That may produce enforcement uncertainty for regulated parties if they do not monitor national directory updates.

Practical enforcement steps for the regulator: The regulation’s framing suggests enforcement will proceed under the Act’s powers,issuing licence refusals, registration refusals, amendments and using the register to record those decisions (s 101). The regulation does not amend those powers, but it prescribes which decision types must appear on the register.

Summary of penalty exposure: This regulation itself does not list specific monetary fines or imprisonment terms; instead, penalty exposure for contraventions will be determined by the Act’s offence provisions applied to the regulation’s classifications. For calculation purposes the republished law records the value of a penalty unit at $160 for individuals and $810 for corporations at the republication date.

The regulation is an instrument made under the Radiation Protection Act 2006 and it expressly relies on and incorporates the Act’s definitional and enforcement framework. Multiple provisions in the regulation refer back to the Act (see the marginal notes in s 6, s 7, s 8, s 9, s 100, s 101, s 102) and the Dictionary states that terms used in the regulation have the same meaning they have in the Act (Dictionary notes). Thus the regulation is not a stand‑alone code but a subordinate instrument that operates in tandem with the Act.

National directory as an external instrument: The regulation delegates substantial technical content to the national directory. For example, the regulation declares that a radiation facility is a radiation facility “under the national directory” (s 6); the exemption level for a radiation source is “the exemption level under the national directory” (s 7); the Minister must take into account criteria under the national directory in deciding on exemptions (s 8); a “radiation incident under the national directory” is a dangerous event under the Act (s 100); and dose limits for the Act are those in the national directory (s 102). This creates a legal interaction where the national directory functions as the technical standard instrument. The legal consequence is that changes to the national directory can alter compliance obligations under the Act/regulation framework without further regulation amendments.

Relationship with the Legislation Act 2001: The republication notes indicate that definitions and other machinery from the Legislation Act 2001 apply, including provisions authorising editorial amendments when preparing the law for republication (see About this republication). The Dictionary explicitly references the Legislation Act for the responsibility of definitions to apply across the regulation (Dictionary notes). The regulation’s endnotes also trace editorial changes made under the Legislation Act part 11.3. Practically, this means readers must treat certain notes as explanatory, check the Legislation Act for the effect of notes, and note that editorial changes may be applied on republication.

Interaction with licensing and registration administrative law: Section 101 prescribes that certain licensing and registration decisions be posted on the register, linking the regulation to administrative procedural regimes under the Act. Those records will interact with other administrative law obligations, such as natural justice/appeal avenues that exist under the Act or general administrative law principles (the regulation itself does not specify appeal routes).

Amendments and consequential changes: The amendment history shows that the regulation has previously included experimental or transitional regimes for tanning units (2010) and later moved to a prohibition (2013), and that the regulation has been amended by both subordinate instruments and Acts (endnotes 3-4). These amendments can interact with other laws that regulate consumer protection, health practitioner standards, workplace health and safety, environmental protection and product safety. For example, the prohibition of tanning units used for cosmetic purposes in a solarium is a public‑health focused prohibition but impacts commercial leaseholders and retail businesses that operate tanning salons.

Non‑ACT laws and national instruments: Because the regulation depends heavily on the national directory for technical matters, it interacts de facto with national standards and instruments that are not ACT legislation. For multi‑jurisdictional operators, this creates a need to harmonise ACT regulatory compliance with any differing national or state requirements.

Conclusion on interactions: The regulation cannot be read in isolation. Its legal effects are realised through a network of instruments,the Radiation Protection Act 2006, the national directory (a technical instrument external to this regulation), and general legislative machinery under the Legislation Act. Regulated parties and advisers must therefore consult those instruments in combination to understand duties, offences and compliance requirements.

The regulation’s amendment history is recorded in the endnotes appended to the republication and the text of the regulation. Key milestones and mechanical effects are as follows, with dates and instrument citations taken directly from the republished law’s endnotes (see Legislation history and Amendment history).

Initial enactment and early amendments:

• Radiation Protection Regulation 2007 (SL2007-18) was notified on 6 July 2007; s 1, s 2 commenced 6 July 2007 and the remainder commenced 7 July 2007 (Legislation history). The instrument provided the initial framework under the Radiation Protection Act 2006.

Subsequent subordinate amendments and modifications:

• Radiation Protection Amendment Regulation 2007 (No 1) SL2007‑21 was notified 2 August 2007 and took effect from 3 August 2007 for the remainder (Legislation history). The text notes a modification effect and a later expiry of some modification provisions on 1 January 2008 (amendment history).

Tanning units and solariums regime changes:

• Radiation Protection (Tanning Units) Amendment Regulation 2010 (SL2010‑29) was notified 5 July 2010, with various provisions commencing on different dates (s 9 commenced 5 July 2011; remainder commenced 17 November 2010). This 2010 instrument inserted a set of provisions dealing with solariums and tanning units into the regulation (amendment history). Those included definitions, licence conditions, limits on exposure, record‑keeping, notice display and operator training requirements for tanning units and solariums (amendment history lists numerous sections inserted by SL2010‑29).

• Radiation Protection (Solariums Prohibition) Amendment Regulation 2013 (No 1) SL2013‑31 was notified 19 December 2013. Its effect included removal of many of the detailed tanning unit provisions that had been inserted in 2010 and the amendment of Schedule 1 to make tanning units used for cosmetic purposes in solariums a prohibited radiation source (Legislation history; amendment history notes renumbering and substitution of parts and sections). The 2013 instrument’s remainder commenced 31 December 2014 (Legislation history). The 2013 amendment therefore moved from a detailed licensing and operational control regime for solariums (2010) to a prohibition of certain tanning uses (2013).

Later statutory amendments:

• Radiation Protection Amendment Act 2022 (A2022‑12) was notified 10 August 2022; part 3 of that Act commenced 10 September 2022 (Legislation history). The 2022 Act made further amendments to the regulation as reflected in endnotes.

• Statute Law Amendment Act 2025 (A2025‑29), sch 3 pt 3.76, was notified 6 November 2025. Section 1 and section 2 commenced 6 November 2025, and sch 3 pt 3.76 commenced 26 November 2025 (Legislation history). The republication is current as at 26 November 2025 and includes amendments up to that date.

Editorial amendments:

• The republished law includes editorial amendments made under the Legislation Act 2001 part 11.3; the front matter notes that editorial changes are included and these do not change the law’s substantive effect but take effect as if made by an Act commencing on the republication date.

Structural changes and renumbering:

• The amendment history records periods where parts and sections were restructured and renumbered (for example, provisions about solariums were once Part 4, later renumbered as part of Part 10, sections were renumbered such as s 10 becoming s 100, etc.). The amendment history lists the sections inserted by SL2010‑29 and subsequently removed by SL2013‑31. The endnotes include a table of earlier republications (endnote 5).

Practical effect of amendment path:

• The 2010 insertion of detailed tanning regulation followed by the 2013 prohibition illustrates a policy path from regulation and control to outright prohibition for cosmetic tanning services in solariums. The effect for regulated parties was that initially operators faced added compliance obligations; after 2013 they faced a prohibition on certain tanning operations instead. The amendment history therefore demonstrates that the regulation’s scope for certain small industries has changed materially over time.

For compliance and legal advice, the amendment history shows two important points: first, the current legal position may differ significantly from prior versions, and second, the republished law must be read with reference to the specific commencement dates and amendment instruments set out in the endnotes to determine transitional or grandfathering effects. The republished law explicitly sets out the amendment instruments and their commencement dates; advisers should check each listed instrument and the Act for transitional provisions and savings that may affect existing licences, registrations or installed equipment.

The republished regulation and its endnotes do not record any judicial decisions or litigation history. The text of the regulation does not cite cases, and none are named in the republished law or its endnotes. Accordingly, there is no litigation history contained within this instrument’s republication to summarise.

That absence should be read in context. The regulation is a subordinate instrument that defines prohibited devices, delegates technical thresholds to the national directory, and prescribes register entries. Disputes about the regulation’s application are most likely to arise as administrative law challenges (for example, to a refusal to licence or to the council’s amendment of a licence or registration), or as prosecutions under the Act for contraventions of prohibitions. Section 101 specifically identifies administrative decisions (refusals and amendments) that must be recorded in the register, and those administrative decisions are the natural loci for review or challenge by affected parties. The regulation itself does not set out appeal mechanisms, but those would typically be governed by the Act or by general administrative law processes (the regulation directs users to the Act for definitional and substantive context).

Because the regulation defers substantial technical content to the national directory, litigation could,if commenced,raise issues such as whether a device falls within a Schedule 1 description (for example, whether a particular dental x‑ray unit qualifies as an intra‑oral receptor operating below 60 kVp), whether an activity is “tanning…for cosmetic purposes” within the Dictionary definition of solarium, or whether a particular incident meets the national directory’s definition of “radiation incident” and therefore constitutes a “dangerous event” under the Act (s 100). Any judicial determination on such questions would likely be fact‑sensitive and hinge on the statutory wording in the regulation, the entries and definitions in the national directory, and the Act’s decision‑making framework.

For practitioners and researchers, the absence of recorded litigation in the regulation’s endnotes means there is no settled body of case law interpreting these provisions to cite directly from this instrument. If an affected person faces enforcement action or an adverse administrative decision, the practical approach is to examine the Act, the national directory entries referenced by the regulation, and any tribunal or court decisions interpreting related provisions of the Act or comparable provisions in other jurisdictions.

The regulation contains multiple technical and structural elements that can produce compliance surprises if they are not read carefully. The principal “gotchas” are: heavy delegation to the national directory, the narrow and technical scope of Schedule 1, the limited and specific nature of the exemptions in s 9, register disclosure obligations, and the republication/commencement timing and transitional effects visible in the amendment history.

Delegation to the national directory: Many operational thresholds are not set in the regulation but are pulled from the national directory (s 6; s 7; s 8; s 100; s 102). That means the legal status of a device or the threshold for reporting and dose limits can change when the national directory is updated. A regulated party that treats the regulation text alone as definitive will miss material changes made in the national directory. The regulation instructs the Minister and operators to use the national directory’s criteria and levels, so active monitoring of that instrument is an unavoidable compliance point.

Schedule 1 technical specificity: Schedule 1 contains precise technical descriptors. For example, Schedule 1 item 1 prohibits “x‑ray equipment for dento‑maxillofacial radiography that includes an intra‑oral x‑ray image receptor that operates at an x‑ray tube voltage of less than 60 kilovolt peak.” A clinic using older dental equipment might think only “dental x‑ray” is covered; the Schedule’s focus on intra‑oral receptors and the 60 kVp threshold is technical and requires checking equipment specifications. Similarly, item 4 prohibits “a tanning unit used for cosmetic purposes in a solarium.” The Dictionary defines “solarium” and “tanning unit,” but whether a tanning device used for a medical phototherapy context falls within the prohibition turns on the “cosmetic purposes” qualifier, a potential grey area that requires factual and legal assessment.

Narrow scope of s 9 exemptions: Section 9(2) exempts “unsealed radiation source[s]” from three specified Act provisions (s 25; s 60; s 60A). The exemption is narrow: it does not create blanket deregulation for unsealed material and applies only to the named sections of the Act. Regulated parties may mistakenly assume that an exemption from registration extends to all regulatory obligations; it does not. The Dictionary’s definition of “unsealed radiation source” is also technical (not permanently sealed or not closely bonded and in a solid form), so material that superficially appears to be “unsealed” might not qualify.

Register disclosures and reputational effects: Section 101 prescribes that certain decisions be recorded on the register,refusals to issue licences, amendments, refusals to register, etc. Businesses and licence applicants must therefore anticipate public record entries that may affect reputation or commercial negotiations. Failure to appreciate that such administrative actions will be recorded can result in surprise public disclosure.

Temporal and transitional traps from amendment history: The regulation’s amendment history shows staging across years and instruments (2010 tanning rules, 2013 prohibition, 2022 amendments, 2025 statutory amendments). Some amendments had staggered commencement dates (for example, s 9 of SL2010‑29 commenced on 5 July 2011 while other parts commenced earlier). Practitioners must check the exact commencement date for any amendment that might have created transitional or grandfathering provisions for existing equipment, licences or registrations. Assuming a uniform commencement date may lead to wrong legal conclusions.

Penalty unit assumption risk: The republished law states the penalty unit values at the republication date ($160 individual; $810 corporation). Users must not assume those values are permanent. Penalty units are subject to legislative adjustment and different calculation regimes; relying on the republished figure without checking currency can misstate potential fines.

Inter-jurisdictional mismatch: Because the regulation is ACT‑specific and relies on a national directory, operators working across jurisdictions must check both ACT regulatory specifications and those in the other jurisdictions. A device prohibited in the ACT may be permitted elsewhere, or vice versa.

Definition risk: The Dictionary explicitly states that certain terms are defined in the Act and that those definitions apply to this regulation. Practitioners who rely only on the regulation’s text without consulting the Act for cross‑referenced definitions risk misinterpreting terms such as “regulated radiation source,” “radiation apparatus” or the full operational meaning of “dangerous event” as triggered under the Act.

In short, the principal compliance traps are: (1) failing to consult the national directory where many operative thresholds live; (2) overlooking the technical specificity of Schedule 1 items; (3) assuming exemption language in s 9 removes broader duties; (4) failing to anticipate register disclosure of adverse administrative decisions; and (5) not checking amendment commencement dates and penalty unit currency.

Complying with the Radiation Protection Regulation 2007 requires a targeted, documented approach because the regulation combines categorical prohibitions with delegated technical thresholds found in the national directory. The steps below are practical, grounded in the regulation’s text, and designed for lawyers, compliance officers and operators.

1. Inventory and classify equipment and sources against Schedule 1.

   • Perform a full equipment audit. Identify any x‑ray equipment for dento‑maxillofacial radiography, direct fluoroscopy x‑ray equipment, shoe‑fitting x‑ray units, and tanning units in a solarium setting (Schedule 1; Dictionary definitions).
   • For dental x‑ray equipment, check manufacturer specifications for whether the intra‑oral image receptor operates at less than 60 kVp (Schedule 1, item 1). If equipment falls below 60 kVp and includes an intra‑oral receptor, treat it as a prohibited radiation source unless there is an express statutory grandfathering in the Act (the regulation itself does not provide grandfathering).
   • For tanning units, determine whether the device is used “for cosmetic purposes in a solarium” (Dictionary: solarium, tanning unit). If you operate a commercial tanning service, plan cessation, removal, sale outside the Territory, or conversion to permitted medical uses only after legal advice.

2. Determine whether materials qualify as “unsealed radiation source” for s 9 exemptions.

   • For radioactive materials, assess whether the material is “not permanently sealed in a container or closely bonded and in a solid form” (s 9(3)). If so, s 9(2) exempts such sources from Act s 25 (application for registration), s 60 (owning unregistered radiation source) and s 60A (dealing with unregistered radiation source).
   • Document the technical basis for any claim of exemption and maintain safety and handling records. Although s 9 removes some registration obligations, other legal duties under the Act or workplace health and safety legislation may still apply.

3. Consult the national directory for threshold, exemption and incident requirements.

   • The regulation repeatedly delegates to the national directory: radiation facility (s 6), exemption levels (s 7), exemption criteria (s 8), dangerous event definition (s 100) and dose limits (s 102). Obtain the current national directory and incorporate its definitions and thresholds into compliance policies.
   • Implement a process to monitor the national directory for updates because changes will affect your obligations without amendment of the regulation.

4. Ensure compliance with Act reporting and dangerous event procedures.

   • The regulation declares that a radiation incident under the national directory is a dangerous event under the Act (s 100). Review reporting obligations and incident response procedures in the Act and national directory (the regulation does not reproduce the Act’s reporting requirements). Prepare templates and escalation processes for incidents that meet the national directory’s incident definition.

5. Prepare for register disclosures and administrative decision risks.

   • Section 101 prescribes that certain licensing and registration decisions must be recorded on the register (decisions to refuse licences, amendments of licences, refusals to register, amendments of registrations). Ensure application materials and governance documents anticipate the possibility that adverse decisions will be publicly recorded.
   • Keep contemporaneous records supporting licence or registration applications to reduce the risk of adverse findings and to support review if a decision is recorded.

6. Plan equipment replacement and decommissioning with clear traceability.

   • Where Schedule 1 equipment is present, determine timelines for lawful cessation and decommissioning consistent with the Act’s enforcement regime and any transitional provisions in the Act or amendment instruments. The regulation does not itself set transition periods for the prohibition, so consult the Act, the amendment instruments listed in the endnotes and any public guidance issued by the regulator.
   • Follow safe disposal or transfer procedures and retain disposal certificates or documentation.

7. Engage regulatory counsel for ambiguous cases.

   • For edge cases,such as a tanning unit used in a medical setting versus a solarium for cosmetic purposes, or dental equipment around the 60 kVp threshold,seek legal advice and, if necessary, rulings or written guidance from the regulatory authority. The regulation does not itself resolve these contextual questions.

8. Update health and safety policies and staff training.

   • Ensure staff are trained on what constitutes a prohibited radiation source, any changes in dose limits per the national directory, incident reporting procedures, and how to handle unsealed radioactive material consistent with the limited exemptions in s 9.
   • For businesses previously covered by the 2010 tanning provisions and later affected by the 2013 prohibition, verify that operational manuals have been updated to reflect the current prohibition rather than earlier licensing-based controls.

9. Monitor legislative and instrument changes, including commencement dates.

   • The amendment history shows staggered commencements and removals of provisions. Maintain a process to track active instruments and commencement dates (see endnotes 3-4). Where an amendment contains transitional provisions or delayed commencement, ensure those dates are reflected in compliance timelines.

10. Document risk assessments and retain technical evidence.

• Keep records that demonstrate equipment technical specifications, testing and calibration reports, and supplier documentation that can show whether a device falls within a prohibited description or an exemption. For any claim under s 9 that certain material is “unsealed” and thus exempt from the listed Act provisions, retain the physical and technical evidence supporting that classification.

In summary, compliance requires: (a) a precise technical inventory against Schedule 1; (b) active monitoring of the national directory; (c) documented legal and technical rationales for any exemption claims under s 9; (d) preparedness for register disclosures of licensing decisions; and (e) a plan for decommissioning or replacement of prohibited devices. The regulation’s frequent cross‑references to the national directory and to the Act make it necessary to treat those instruments as co‑equal parts of the compliance framework.