RADIATION PROTECTION REGULATIONS 2007

The Regulations operate by coupling primary statutory duties in the Act with detailed technical and administrative requirements captured in these Regulations and in external ARPANSA instruments. Key concepts and their operational mechanics in the text are:

• Radiation protection plan (reg 5). This is a central compliance document for a licence holder. The Regulations prescribe exhaustive content requirements (reg 5(1)(a)-(m)) and technical particulars for sources (reg 5(2)(a)-(l)). Plans must be completed in accordance with applicable guidelines (reg 5(3)). The obligation is document-centric: possession of a licence authorises a practice but that practice must be supported by a plan meeting the specified content requirements.

• Radiation source and exempt material (regs 6-7). The instrument treats certain non-ionising apparatus classes in the National Directory as radiation sources (reg 6(1)). For radioactive material, activity and activity-concentration thresholds are taken from National Directory Schedule 4 (reg 6(2)). A mixture is exempt if the standard “sum of fractions” test is met , that is, sum of (activity/threshold) not exceeding 1, or the equivalent for activity concentration (reg 7(a)-(b)).

• Delegated technical standards. Dose limits are not numerically stated in the Regulations but are fixed by reference to the National Standard Schedule 1 (reg 8). Competency requirements for licence suitability reference National Directory Schedule 6 (reg 9). The Regulations explicitly accept later editions of those documents (reg 4). The Safety Guide and ANRDR Data Transfer Specification are incorporated into Part 2A (reg 9A(1) and reg 9A(2)).

• Mining-site regime (Part 2A). The Regulations create a mining-specific architecture for monitoring and reporting occupational exposure. Definitions include treating “employer” and “employee” references in ARPANSA documents as “operator” and “radiation worker” respectively (reg 9A(2)). The Ranger Project Area is prescribed as a mining site (reg 9B). Classes of radiation workers include persons required by the operator’s authorisation or by the Safety Guide to be monitored (reg 9C). Operators must develop and implement monitoring and dose assessment programmes aligned to Parts 2-6 of the Safety Guide and the operator’s authorisation (reg 9D(2)(a)(i)-(ii)), keep personal exposure records consistent with clause 7.1.2 and Part 7 of the Safety Guide (reg 9E(1)), report to ARPANSA quarterly per the ANRDR specification within six weeks after quarter end (reg 9F(2)), and notify the Chief Health Officer when required (reg 9F(3)-(6)).

• Record integrity and alteration controls. Personal radiation exposure records may only be altered to correct arithmetic or transcription errors or under direction of an authorised officer (reg 9E(2)). Unauthorised alteration carries substantial penalties: 100 penalty units for a natural person, 500 for a body corporate (reg 9E(2) maximum penalties). An authorised officer must only direct an alteration when the CHO is satisfied a record is incorrect (reg 9E(3)).

• Infringement and enforcement. An infringement regime is implemented via regs 13-19 with mandatory contents for notices (reg 15), prescribed expiation amounts (reg 16; Sch 1), payment rules (reg 17), and withdrawal powers for the Chief Health Officer (reg 18). The Regulations also cross-reference enforcement mechanisms under the Fines and Penalties (Recovery) Act 2001 when advising alleged offenders of consequences (reg 15(2)(c)).

• Fees and financial limits. Fees for authorities and changes are set out in Schedule 2 with listed revenue-unit amounts (Sch 2; reg 20). There are specified exemptions for Territory-run activities and annual caps (reg 20(2)-(4)). Applications to change a radiation protection plan attract a fee unless the change concerns a matter in reg 5(1)(h) (reg 21).

Conceptually, the Regulations rely on a hybrid model: the Act sets structural obligations while these Regulations detail the documentary, monitoring and reporting architecture, and capture technical content by reference to ARPANSA publications. The operational effect is administrative: licence and operator compliance is measured by documentation, monitoring programmes aligned to ARPANSA instruments, and timely reporting.

The Regulations allocate duties across a small set of identifiable actors and indirectly affect workers and third parties exposed to radiation practices. The primary affected parties in the text are:

• Licensees and applicants. “Licensee” for a licence to possess a radiation source explicitly includes the applicant (reg 3). Licensees must prepare and maintain a radiation protection plan meeting the detailed content requirements in reg 5. They must also notify the Chief Health Officer when selling a radiation source (reg 11(2)). The licence applicant is therefore captured by the same documentary standards that apply post-licence for possession and use.

• Occupiers of premises where radiation sources are used or stored. Occupiers must ensure a copy of the current certificate of compliance for the place is on prominent display at the place (reg 10). This is a physical-site obligation with a specified maximum penalty of 20 penalty units for breach (reg 10).

• Mining-site operators. Part 2A targets operators of mining sites. The Regulation prescribes that operators must prepare and implement monitoring and dose assessment programmes in accordance with Parts 2-6 of the Safety Guide and the operator’s authorisation (reg 9D(2)(a)-(b)). Operators must conduct monitoring and quarterly reporting to ARPANSA per the ANRDR Data Transfer Specification (reg 9F(2)), notify the Chief Health Officer that reporting has occurred (reg 9F(3)), and immediately notify the Chief Health Officer if a worker receives a dose above the prescribed limit (reg 9F(4)-(6)). Operators also hold the record-keeping duty and retention obligation for personal radiation exposure records until CHO authorisation to dispose or transferal to another operator under comparable obligations (reg 9E(4)).

• Radiation workers. The definition of radiation worker for Part 2A includes persons required to be monitored under an operator’s authorisation or the Safety Guide (reg 9C). Radiation workers are entitled to receive a written explanation at commencement of employment explaining what information is collected, what is reported to ARPANSA and the Chief Health Officer, and how they can request their exposure information (reg 9G(1)-(2)). Workers are therefore a protected class with rights over information about their exposures.

• Chief Health Officer. The CHO has decision-making authority in several discrete areas: CHO may be satisfied that a personal exposure record is incorrect and direct alterations (reg 9E(3)); CHO may authorise disposal of exposure records (reg 9E(4)(a)); CHO must be notified after ARPANSA reporting (reg 9F(3)) and immediately notified of over-limit doses (reg 9F(4)); CHO may withdraw infringement notices within a 28-day window (reg 18). The CHO thus acts as both a gatekeeper of certain record changes and a recipient of critical notifications.

• Authorised officers. Authorised officers can serve infringement notices when they reasonably believe an infringement offence has occurred (reg 14). They can also direct a person to alter records when CHO has satisfied the record is incorrect (reg 9E(2)(b) and reg 9E(3)). The Regulations provide the mechanics for their enforcement role (regs 13-19).

• ARPANSA and CEO of ARPANSA. The CEO of ARPANSA is the recipient of radiation exposure information submitted in accordance with the ANRDR Data Transfer Specification (reg 9F(2)). The Regulations look to ARPANSA for technical instruments, the National Directory, National Standard and Safety Guide (reg 3; reg 9A(1)).

• Territory entities. The Regulations exempt certain Territory applications from fees (reg 20(2)) and treat certificates and registrations owned by the Territory differently. There is an annual cap for registration fees payable by any person which applies irrespective of whether the registrant is a Territory body (reg 20(3)-(4)).

Indirectly affected parties include manufacturers and suppliers, because reg 5(2) requires detailed manufacturing and calibration information be captured in the radiation protection plan, and any purchaser or seller of a radiation source, because licensees must notify the Chief Health Officer within 14 days of an agreement to sell (reg 11(1)-(2)).

Who pays and who decides. The Regulations allocate the majority of compliance costs to licensees and operators: they must prepare plans, run monitoring programmes, keep and retain records, and make mandatory reports. The Chief Health Officer and authorised officers are decision points for corrective directions, record disposal and withdrawal of infringement notices.

The Regulations impose specific documentary, monitoring, reporting and record-keeping duties and confer limited rights on workers. The duties and rights with direct operational effect are:

Duties on licence holders and applicants

• Prepare and maintain a radiation protection plan that contains enumerated items: owner and licensee details, licensee qualifications and memberships, nature, full description and uses of the source, description of the practice, occupier and exact location, other authorised persons, safe disposal, radiation protection measures, monitoring equipment, remediation and emergency procedures, and information required by applicable codes of practice (reg 5(1)(a)-(m)). Plans must be completed according to applicable guidelines (reg 5(3)).
• Include technical source detail in the plan, such as manufacturer, year, serial number, model, filtration, maximum tube voltage and milliamperes, IAEA approval results where applicable, calibration certificates, radionuclide details and encapsulation description (reg 5(2)(a)-(l)).

Duties on operators of mining sites

• Prepare and implement a monitoring and dose assessment programme aligned with Parts 2-6 of the Safety Guide and the mine operator's authorisation (reg 9D(2)(a)(i)-(ii)).
• Conduct monitoring and dose assessment in accordance with the programme (reg 9D(2)(b)).
• Maintain personal radiation exposure records containing the information required by clause 7.1.2 of the Safety Guide, in a form consistent with Part 7 of the Safety Guide, and retain them for the period required by clause 7.1.2 (reg 9E(1)(a)-(c)).
• Give radiation exposure information to the CEO of ARPANSA per the ANRDR Data Transfer Specification within six weeks from the end of each quarter (reg 9F(2)).
• Notify the Chief Health Officer in writing within three days that the information has been sent to ARPANSA (reg 9F(3)).
• Immediately notify the Chief Health Officer if a radiation worker receives a dose above the prescribed limit, with written confirmation within seven days if the initial notice was oral (reg 9F(4)-(6)).

Duties on occupiers and sellers

• Ensure a copy of the current certificate of compliance is on prominent display where a radiation source is used or stored (reg 10).
• Where a licensee authorised to sell a radiation source agrees to a sale, give written notice of the sale in the approved form to the Chief Health Officer within 14 days (reg 11(1)-(2)).

Prohibitions

• Do not expose youths under 16 occupationally to radiation sources (reg 12(1)); this offence is designated a regulatory offence (reg 12(2)). The definition of youth is a person under 16 (reg 12(3)).

Record alteration constraints and penalties

• Do not alter a personal radiation exposure record except to correct arithmetic, typographical or transcription errors or under direction of an authorised officer (reg 9E(2)). A contravention carries maximum penalties of 100 penalty units for a natural person and 500 penalty units for a body corporate (reg 9E(2)).

Rights and entitlements of workers

• A radiation worker must be given a written explanation at commencement of employment describing what monitoring information is collected, what is reported to ARPANSA and the Chief Health Officer, and how the worker can request exposure information (reg 9G(1)-(2)). This is a statutory information right designed to ensure workers can access their exposure data.

Administrative and enforcement mechanisms

• Authorised officers may serve infringement notices when they reasonably believe an infringement offence has occurred (reg 14). An infringement notice must contain specified particulars and advise the alleged offender of expiation and court election options (reg 15(1)-(2)). CHO may withdraw an infringement notice within 28 days before payment of the prescribed amount (reg 18).

Financial duties

• Applicants must pay fees set out in Schedule 2 for licences, certificates and changes to radiation protection plans, subject to exemptions and annual caps (reg 20-21; Sch 2). An applicant who withdraws prior to consideration gets a refund (reg 22).

Decision points and delegated discretion

• CHO has the statutory role to authorise disposal of records, to be satisfied before directing record changes, and to withdraw infringement notices (reg 9E(3)-(4); reg 18). Authorised officers enforce and may give directions when CHO makes a finding (reg 9E(2)(b)-(3); reg 14).

The Regulations therefore combine prescriptive technical and procedural duties on licensees and operators with reporting, information, and record-keeping rights for workers and inspection and enforcement powers for CHO and authorised officers.

The Regulations set out a two-track enforcement architecture: court-based penalties and an infringement (expiation) scheme. The mechanics and amounts are specified in the Regulations and Schedules.

Court-based maximum penalties

• Certain breaches carry explicitly stated maximum penalties in the regulation text. For example, the occupier’s failure to display a certificate of compliance carries a maximum penalty of 20 penalty units (reg 10). The Regulation also specifies maximum penalties for unauthorised alteration of personal radiation exposure records: 100 penalty units for a natural person and 500 penalty units for a body corporate (reg 9E(2)). The notice-of-sale requirement in reg 11 has a maximum penalty of 50 penalty units (reg 11(2)). The minimum age prohibition in reg 12(1) also carries a maximum penalty of 50 penalty units (reg 12(1)).

Infringement notice scheme

• Regulations 13-19 implement the infringement notice procedure. An infringement offence is an offence against those provisions of the Act or these Regulations listed in Schedule 1 (reg 13). An authorised officer may serve an infringement notice if they reasonably believe an infringement offence has been committed (reg 14).
• The contents of an infringement notice are prescribed. Notices must identify the alleged offender where known, date, time and place of the offence, a description of the offence, the prescribed amount payable and the enforcement agency to which payment is to be made (reg 15(1)(a)-(e)). Notices must also inform the alleged offender of their options: pay the prescribed amount within 28 days to avoid further action, elect to have the matter dealt with by a court under the Fines and Penalties (Recovery) Act 2001, or do nothing and face enforcement actions under that Act (reg 15(2)(a)-(c)). The notice must include a form to elect court action (reg 15(3)).
• Prescribed amounts for expiation are set out in Schedule 1 and are expressed in penalty units (reg 16; Sch 1). For example, several registration and licence offences under the Act are listed with 2 penalty units in Schedule 1, and some contraventions have higher penalty-unit expiation amounts, e.g., contravention of a condition involving disposal of a radiation source attracts 5 penalty units in Schedule 1 (Sch 1, Part 1; cf reg 16).

Payment mechanics and withdrawals

• Payment by cheque is not taken as made until the cheque clears on presentation (reg 17). The Chief Health Officer may withdraw an infringement notice by written notice within 28 days after the notice is served and before payment of the prescribed amount (reg 18).

Overlaps and dual proceedings

• The Regulations confirm that the infringement scheme does not prevent prosecution in court for the same offence if the offence is not expiated and does not preclude more than one infringement notice for the same offence being served (reg 19(1)-(2)). The part does not require an infringement notice to be served (reg 19(3)(a)) and does not affect liability to prosecution in court (reg 19(3)(b)).

Cross-reference to other enforcement laws

• Infringement notices must advise that enforcement action may include remedies under the Fines and Penalties (Recovery) Act 2001, such as suspension of driver licences, seizure of property, wage deductions, statutory charges on land and community work orders that may lead to imprisonment for breach (reg 15(2)(c)(i)-(vi)).

Implications for enforcement strategy

• The Regulations allocate significant discretion to authorised officers to issue infringement notices and to the Chief Health Officer to withdraw them, creating administrative flex points. The dual track (court maximum penalties versus expiation amounts) creates incentives for alleged offenders to pay low prescribed amounts to avoid prosecution, with the textual interplay between maximum penalty units and lower expiation amounts evident in several provisions (compare reg 10 and Sch 1 entries). The heavy penalties for altering exposure records indicate a compliance enforcement focus on data integrity for personal radiation exposure records (reg 9E(2)).

The Regulations are expressly situated under the Radiation Protection Act 2004 and interact with other statutes and external instruments. The text identifies the following interaction points:

Primary instrument relationship

• These Regulations are made under the Radiation Protection Act 2004 and operationalise provisions of that Act by prescribing criteria, offences and administrative detail that implement the Act’s framework. Several Regulations reference specific Act provisions, for example, reg 6 references section 6 of the Act for what constitutes a radiation source, reg 7 references section 8 for exempt radioactive material, and reg 9 references section 26(4)(a) in setting criteria for licence suitability.

Incorporation and reliance on ARPANSA instruments

• The Regulations incorporate three ARPANSA publications by reference: the National Directory for Radiation Protection (the National Directory), the National Standard for limiting occupational exposure to ionizing radiation (the National Standard), the Safety Guide for Monitoring, Assessing and Recording Occupational Radiation Doses in Mining and Mineral Processing (the Safety Guide), and the ANRDR Data Transfer Specification (reg 3; reg 4; reg 9A(1)). The text explicitly allows references to correspond with later editions of those documents (reg 4). Practically, changes to those ARPANSA instruments will change regulatory obligations in the Territory from the date that the documents are amended, unless the Regulations are separately amended. This creates a chain of delegated norm-setting where technical prescriptions are maintained outside the primary legislation.

Reporting and administrative cross-links

• The Regulations require operators to give radiation exposure information to the CEO of ARPANSA in accordance with the ANRDR Data Transfer Specification (reg 9F(2)). They also tie into the Fines and Penalties (Recovery) Act 2001 when setting out enforcement consequences for unpaid infringement notices (reg 15(2)(c)). These cross-references mean compliance behaviour must take account of ARPANSA data requirements and the territorial fines recovery regime.

Mining and environmental law interaction

• Part 2A incorporates the concept of “authorisation” meaning Authorisation 0108 granted under section 36 of the Mining Management Act 2001 and any future environmental (mining) licence under the Environment Protection Act 2019 that takes its place (reg 9A(1)). The monitoring and reporting requirements for mining sites are thus tied to mining authorisations and environmental licences, and the operator’s obligations under those instruments become binding cross-conditions with radiation monitoring obligations under these Regulations (reg 9D(2)(a)(ii)). The Endnotes record the Environment Protection Legislation Amendment Act 2023 and commencement sequencing (Endnotes, List of Legislation), indicating legal alignment with evolving environmental approvals.

Territorial governance and exemptions

• The Regulations exempt certain applications from fees when the application is made on behalf of the Territory (reg 20(2)(a)-(c)). This interaction between regulatory fees and the Territory’s own operations is explicit.

Record transfer across jurisdictions

• The personal radiation exposure record retention requirement includes a provision enabling transfer of records to an operator in another jurisdiction where that receiving operator is under a corresponding obligation to hold records under the law of that jurisdiction (reg 9E(4)(b)). This provides a statutory mechanism for continuity of records when workers move between jurisdictions, acknowledging inter-jurisdictional regulatory parity.

Administrative law implications

• Because the Regulations provide the Chief Health Officer with powers to authorise disposal of exposure records, to satisfy themselves that a record is incorrect before directing corrections, and to withdraw infringement notices, decisions under these Regulations will attract administrative law review pathways available under Territory law. The Regulations do not themselves detail internal review rights, but those rights exist under the broader administrative law framework.

In sum, the Regulations are not self-contained; they are networked to the Radiation Protection Act 2004, ARPANSA technical instruments, mining authorisations and environmental licences, and the Territory’s fines recovery law. Compliance therefore requires attention to external documents and overlapping regulatory instruments.

The Regulations include a compact but explicit amendment record in their Endnotes. The relevant change events recorded in the text are:

• Promulgation and commencement. The Radiation Protection Regulations 2007 were notified 1 August 2007 and commenced on 5 October 2009, aligned with the Radiation Protection Act 2004 commencement (Endnotes, List of Legislation).

• 2012 Amendment. The Radiation Protection Amendment Regulations 2012 were notified 30 May 2012 and commenced 2 July 2012. The effect of the 2012 instrument included insertion of Part 2A (the mining site monitoring and recording provisions), insertion of reg 9A and regs 9B-9G, and other consequential changes noted in the list of amendments (Endnotes, List of Amendments: r 3 amd No. 20, 2012, r 4; pt 2 hdg sub No. 20, 2012, r 5; pt 2A hdg ins No. 20, 2012, r 6; r 9A ins No. 20, 2012, r 6; rr 9B-9G ins No. 20, 2012, r 6).

• 2018 formal amendments. The Interpretation Legislation Amendment Act 2018 made general formal amendments of a non-substantive nature to rr 1, 9A and 15 (Endnotes, General amendments).

• 2023 Environment Protection Legislation Amendment Act. The Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023) made amendments affecting the Regulations, with staged commencement for different parts. The endnotes record the Act’s assent date of 6 December 2023 and the commencement schedule for various parts on 7 December 2023 and later dates through to 1 July 2024 where relevant (Endnotes, List of Legislation; List of Amendments: r 9A ins No. 20, 2012, r 6 amd Act No. 34, 2023, s 243). The endnotes specifically list r 9A as amended by Act No. 34, 2023.

• Other formal amendments. The endnotes also note that general amendments of a formal nature were effected by the Interpretation Legislation Amendment Act 2018 to rr 1, 9A and 15, described as formal rather than substantive (Endnotes, General amendments).

• Reprints and formal editorial adjustments. The Endnotes include a Key and a List of Legislation and amendments which indicate the Regulations have been reprinted as in force at various dates and have been subject to ongoing formal maintenance.

Mechanically, the most significant content change recorded in these notes is the 2012 insertion of Part 2A which created the mining-site monitoring regime and the associated reporting obligations to ARPANSA. The 2023 Environment Protection Legislation Amendment Act also altered parts of the Regulations, notably r 9A. The Regulations expressly allow reference to and incorporation of later editions of ARPANSA instruments (reg 4), which means substantive technical obligations can change without amendment to the Regulations themselves when ARPANSA updates those instruments.

The amendment history in the Endnotes is the only direct textual record of change within the Regulations; it does not include explanatory memoranda, second-reading speeches or rationales. Any interpretive history beyond these entries would need to be sought from external legislative records and parliamentary materials not contained in the Regulation text.

The Regulation text contains no judicial decisions, case citations or litigation summaries. There are no cases named in the instrument and no summaries of legal disputes. The Endnotes list statutory amendments and commencement details but do not record any decisions or litigation arising from the Regulations.

What the instrument supplies is an enforcement framework , offences, penalties, and an infringement notice scheme , but it does not record any court determinations of those provisions. Consequently, from the text alone:

• There are no reported judicial interpretations contained in this source to guide statutory construction of the Regulations.
• No litigation history is supplied for the provisions concerning Part 2A monitoring obligations, the record alteration prohibition and associated high penalties, or the infringement scheme.

Practical effect for lawyers and compliance professionals

• Absent case law in the instrument, interpretive questions regarding scope or application must be resolved by primary legislation, the text of related ARPANSA instruments incorporated by reference, administrative decision records from the Chief Health Officer or authorised officers, or by seeking authoritative comment through litigation or tribunal proceedings.
• Where the Regulations refer to external documents (National Directory, National Standard, Safety Guide, ANRDR specification), litigation may hinge on the precise version in force at the relevant time because reg 4 expressly permits references to later editions. Disputes about which edition applies or about the interplay between these documents and the Regulations would likely be litigated outside the text provided.

If a reader needs existing case law on particular interpretive issues, the Regulations themselves do not provide it. The next step for litigation research would be to search Territory court and tribunal databases, administrative decisions, and ARPANSA decisions or guidance, none of which are included in this text.

The Regulations contain several points where practical compliance risk, administrative surprises or traps can arise. These are not normative judgments, they are mechanical features in the text likely to generate operational friction:

Incorporation of later editions of ARPANSA instruments

• The Regulations incorporate external technical instruments by reference and expressly include later editions (reg 3; reg 4; reg 9A(1)). That means obligations can change without amendment to these Regulations. Operators and licence holders must monitor ARPANSA publications for updates, because a change in the Safety Guide, National Directory or National Standard can alter monitoring or competency requirements automatically.

Asymmetric penalty architecture for record alteration

• Personal radiation exposure records cannot be altered except to correct arithmetic, typographical or transcription errors or under direction of an authorised officer (reg 9E(2)). Unauthorised alteration carries large maximum penalties: 100 penalty units for an individual, 500 for a body corporate (reg 9E(2)). These thresholds are significant and may be higher than penalties for other operational breaches. Compliance systems need strong controls and audit trails for exposure records to avoid inadvertent exposure to these penalties.

Divergence between court maximum penalties and expiation amounts

• Several provisions specify high maximum penalties in the regulation text while the prescribed expiation amounts in Schedule 1 are low in penalty-unit terms. For example, reg 10 carries a maximum penalty of 20 penalty units, while Schedule 1 lists reg 10 as an infringement offence with an expiation amount of 1 penalty unit (Sch 1). Similarly, reg 11 carries a maximum penalty of 50 penalty units, but Sch 1 lists reg 11(2) expiation at 1 penalty unit. That means prosecution exposure is potentially large but the expiation option offers a much smaller, administratively simple path to avoid court action. Practitioners should note this divergence when advising clients about risk and enforcement exposure.

Stringent reporting timelines for mining sites

• Operators must submit radiation exposure information to the CEO of ARPANSA in accordance with the ANRDR Data Transfer Specification within six weeks after the end of each quarter (reg 9F(2)) and must notify the Chief Health Officer in writing within three days of doing so (reg 9F(3)). If a worker receives a dose higher than the prescribed limit, the operator must notify the CHO immediately and provide written confirmation within seven days if the initial notice was oral (reg 9F(4)-(6)). These timeframes require administrative systems capable of prompt data extraction and communication.

Personal exposure records retention and transfer rules

• Operators must keep personal radiation exposure records until CHO authorises disposal or the record is transferred to another operator in another jurisdiction that has corresponding obligations (reg 9E(4)). Where workforce mobility occurs across jurisdictions, operators must confirm that the receiving operator has comparable legal obligations before transferring records, otherwise retention obligations continue.

Defined classes of radiation worker may extend monitoring obligations

• The definition of radiation workers includes “persons who are required under the operator’s authorisation to be monitored” and those required by the Safety Guide (reg 9C). If an operator’s authorisation or the Safety Guide is broad, persons not ordinarily thought to be radiation workers could be captured and need monitoring, training and record entries.

Fees and cap mechanisms

• Fees are set as revenue units in Schedule 2 and there is a cap of 1 000 revenue units per calendar year for registration of sources or places owned by the person (reg 20(3)-(4)). Because “revenue units” are the unit used, practitioners must map revenue units to monetary amounts under the Territory’s revenue unit conversion rules. The Regulations exempt Territory applications from fees in some cases (reg 20(2)), which requires tracking whether an applicant is a Territory agency.

Notice-of-sale and timing risk

• The licensee must, within 14 days of agreement to sell, give written notice in the approved form to the CHO (reg 11(1)-(2)). Failure to observe the 14-day window risks a maximum penalty. Organisations with frequent sales must embed tick-box procedures to capture sale agreement dates.

Cheque payment not final until cleared

• Payment by cheque is not considered made until the cheque clears on presentation (reg 17). This technicality can affect expiry of infringement notices and deadlines.

Multiple infringement notices permitted

• The Regulations permit more than one infringement notice for the same infringement offence to be served, and paying under any notice expiates the offence (reg 19(2)). This creates potential administrative duplication and confusion for alleged offenders who should ensure they pay the correct enforcement agency indicated in the notice (reg 15(1)(e)).

Regulatory offence designation for youth exposure

• The prohibition against occupational exposure of youths under 16 is explicitly designated a regulatory offence (reg 12(2)), which has procedural meaning under the Act and supporting law about regulatory offences versus strict liability or indictable offences. Practitioners must recognise the procedural consequences of the regulatory offence label.

Record alteration direction limits

• An authorised officer can only direct alteration of exposure records if the CHO is satisfied the record is incorrect (reg 9E(3)). This introduces an administrative checkpoint and a potential delay if records require correction but CHO review is not prompt.

These mechanical features in the Regulations are where non-compliance risk and operational friction are most likely to arise. Addressing them requires administrative systems, legal checks and active monitoring of external instruments.

The Regulations prescribe specific steps and supporting references necessary for practical compliance. The following is a concrete checklist translating the Rules into action points, citing the Regulations directly.

1. Prepare a radiation protection plan that meets reg 5

• Draft and maintain a plan containing each item in reg 5(1)(a)-(m). Ensure the plan includes the detailed technical source description from reg 5(2)(a)-(l), such as manufacturer, serial number, calibration certificates and encapsulation descriptions. Complete the plan in accordance with applicable guidelines as required by reg 5(3).

2. Confirm source classification and exemptions

• Determine whether the apparatus falls among non-ionising radiation apparatus categories in the National Directory, Schedule 2, as these are treated as radiation sources (reg 6(1)). For radioactive material mixtures, apply the “sum of fractions” test against National Directory Schedule 4 to confirm if the material is exempt under reg 7.

3. Ensure personnel competence and licensing

• Verify that licence applicants meet the competency criteria in National Directory Schedule 6 as prescribed by reg 9. Maintain records of qualifications and professional memberships required by reg 5(1)(c). Update these records in line with later editions of the National Directory given reg 4.

4. For mining-site operators, implement the monitoring programme

• Prepare and implement a monitoring and dose assessment programme aligned with Parts 2-6 of the Safety Guide and the operator’s authorisation (reg 9D(2)(a)(i)-(ii)). Conduct monitoring as required (reg 9D(2)(b)). Map internal roles to “operator” and “radiation worker” definitions in reg 9A(2).

5. Maintain personal radiation exposure records

• Keep exposure records that include the information required by clause 7.1.2 of the Safety Guide, in the form and manner consistent with Part 7 of the Safety Guide, and for the period specified in clause 7.1.2 (reg 9E(1)(a)-(c)). Implement data integrity controls to prevent unauthorised alteration because reg 9E(2) prohibits alterations except for defined error corrections or authorised officer directions and prescribes substantial penalties for breaches (reg 9E(2)).

6. Reporting to ARPANSA and CHO

• Submit radiation exposure information to the CEO of ARPANSA in accordance with the ANRDR Data Transfer Specification within six weeks of each quarter’s end (reg 9F(2)). Notify the Chief Health Officer in writing within three days that the data has been given to ARPANSA (reg 9F(3)). Implement processes to detect and immediately report any dose exceeding prescribed limits to the CHO, with written confirmation within seven days if the initial notice is oral (reg 9F(4)-(6)).

7. Provide worker information and procedural rights

• Give every radiation worker a written explanation at the commencement of employment describing the data collected by monitoring, the information reported to ARPANSA and the CHO, and how to request their radiation exposure information (reg 9G(1)-(2)). Keep acknowledgements or delivery records.

8. Display compliance documents and notify sales

• Ensure a current certificate of compliance is prominently displayed at any place where a radiation source is used or stored (reg 10). If selling a radiation source, provide written notice in the approved form to the CHO within 14 days from agreement to sell (reg 11(1)-(2)).

9. Age restrictions and staff allocation

• Do not permit occupational exposure of youths under 16 (reg 12). Implement HR controls and training to ensure age checks and assignment of tasks comply.

10. Fee payments, applications and caps

• Pay fees as set out in Schedule 2 when applying for licences, certificates or variations (reg 20 and Sch 2). Check whether an application is exempt from fees because it is made on behalf of the Territory (reg 20(2)). Track aggregate annual fees for registration of sources or places to ensure the 1 000 revenue unit cap per calendar year is respected (reg 20(3)-(4)). Include the fee with any application for approval to change a radiation protection plan unless the change is to a matter in reg 5(1)(h) (reg 21).

11. Manage infringement notice risk

• Establish a response protocol for infringement notices that verifies the notice particulars required by reg 15, decides whether to pay the prescribed amount listed in Schedule 1, or elect court action under the Fines and Penalties (Recovery) Act 2001 per the procedure in reg 15(2)(b)-(c). Note that payment by cheque is not final until it clears (reg 17). If an infringement notice appears incorrect, the CHO may withdraw it within 28 days (reg 18).

12. Controls for record alteration and CHO directions

• Put in place strict change control procedures for personal radiation exposure records, including audit logs, segregation of duties and procedures to obtain CHO-authority before making any substantive correction that is not merely arithmetic or typographical. If a record correction is necessary, document the factual basis, secure CHO satisfaction where required and obtain an authorised officer’s direction if needed (reg 9E(2)-(3)).

13. Cross-jurisdiction transfer of records

• If transferring exposure records to an operator in another jurisdiction, confirm in writing that the receiving operator has obligations corresponding to section 47D of the Act under the law of that jurisdiction before transfer to satisfy reg 9E(4)(b).

14. Monitor ARPANSA updates and legal amendments

• Establish a legal-technical monitoring function to detect changes to the National Directory, National Standard, Safety Guide and the ANRDR Data Transfer Specification because reg 4 and reg 9A(1) permit later editions to apply automatically. Also monitor legislative amendments (the Endnotes identify prior amendments) that may change duties.

15. Documentation, training and audit

• Maintain documentary evidence of compliance: up-to-date radiation protection plan, monitoring programme manuals aligned to the Safety Guide, staff training records proving competency per National Directory Schedule 6, ARPANSA reporting logs, CHO notifications, and audit trails for record changes.

Following these steps will satisfy the literal requirements of the Regulations. Operational compliance requires integration across technical, HR, IT and legal functions to meet the prescribed content, monitoring cadence and reporting obligations.