39Exemptions for certain non-ionising radiation sources

39 Exemptions for certain non-ionising radiation sources

(1)  In this regulation –

chiropractor means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the chiropractic profession;

physiotherapist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the physiotherapy profession;

podiatrist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the podiatry profession.

(2)  A non-ionising radiation source is exempt from the operation of sections 13(1) , 14 and 38 of the Act if it is not –

(a) a class 3B or class 4 laser within the meaning of AS/NZS IEC 60825.1:2014; or

(b) a nuclear magnetic resonance unit; or

(c) an artificial, incoherent pulsed source of electromagnetic radiation, in the wavelength range of 100 nanometres to 3 000 nanometres, that –

(i) is used for cosmetic purposes; and

(ii) produces exposure levels that exceed the maximum permissible exposure levels specified in AS/NZS 2211.9:2002.

(3)  A non-ionising radiation source is exempt from sections 13(1) and 14 of the Act, with respect to the use of the non-ionising radiation source, if – 

(a) the source is a class 3B laser within the meaning of AS/NZS IEC 60825.1:2014; and

(b) the class 3B laser is used by a physiotherapist, podiatrist or chiropractor for the purposes of their employment; and

(c) the physiotherapist, podiatrist or chiropractor does not deal with the class 3B laser in any other manner.