sec.38Radiation monitoring—possession and use licensees

### sec.38 Radiation monitoring—possession and use licensees This section applies to the following persons— a possession licensee who— under the licence, possesses a radiation source for a radiation practice; and provides to another person (the monitored person ) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice; a possession licensee who, under the licensee’s approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person ) required to be provided with a personal monitoring device; a use licensee (also the monitored person ) who, as a condition of the licence, is required— to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and to have the device assessed from time to time. The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan or condition, give the chief executive written notice of the result. Maximum penalty—50 penalty units. Under section 28 (3) (b) , the radiation safety and protection plan is required to provide for the assessment of personal monitoring devices. Without limiting subsection (2) , the licensee is taken to comply with subsection (2) if the notice is given to the chief executive, on the licensee’s behalf, by the person who conducted the assessment, as soon as practicable after the assessment is carried out. The licensee must keep an up-to-date record for the monitored person (a personal monitoring record ), containing the following information— the results of all the assessments; other information prescribed under a regulation. Maximum penalty—100 penalty units. Without limiting the ways in which a possession licensee or use licensee may comply with subsection (4) , a possession licensee or use licensee is taken to comply with subsection (4) if the personal monitoring record is kept, on the licensee’s behalf, by another person under arrangements approved in writing by the chief executive. For subsection (4) , the personal monitoring record must be kept until the later of the following days— the day that is 30 years after the day when the last assessment happened; the day when the monitored person turns, or would have turned, 75 years. The licensee must make the personal monitoring record available for inspection by the chief executive or an inspector at any reasonable time. Maximum penalty for subsection (7) —50 penalty units. (sec.38-ssec.1) This section applies to the following persons— a possession licensee who— under the licence, possesses a radiation source for a radiation practice; and provides to another person (the monitored person ) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice; a possession licensee who, under the licensee’s approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person ) required to be provided with a personal monitoring device; a use licensee (also the monitored person ) who, as a condition of the licence, is required— to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and to have the device assessed from time to time. (sec.38-ssec.2) The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan or condition, give the chief executive written notice of the result. Maximum penalty—50 penalty units. Under section 28 (3) (b) , the radiation safety and protection plan is required to provide for the assessment of personal monitoring devices. (sec.38-ssec.3) Without limiting subsection (2) , the licensee is taken to comply with subsection (2) if the notice is given to the chief executive, on the licensee’s behalf, by the person who conducted the assessment, as soon as practicable after the assessment is carried out. (sec.38-ssec.4) The licensee must keep an up-to-date record for the monitored person (a personal monitoring record ), containing the following information— the results of all the assessments; other information prescribed under a regulation. Maximum penalty—100 penalty units. (sec.38-ssec.5) Without limiting the ways in which a possession licensee or use licensee may comply with subsection (4) , a possession licensee or use licensee is taken to comply with subsection (4) if the personal monitoring record is kept, on the licensee’s behalf, by another person under arrangements approved in writing by the chief executive. (sec.38-ssec.6) For subsection (4) , the personal monitoring record must be kept until the later of the following days— the day that is 30 years after the day when the last assessment happened; the day when the monitored person turns, or would have turned, 75 years. (sec.38-ssec.7) The licensee must make the personal monitoring record available for inspection by the chief executive or an inspector at any reasonable time. Maximum penalty for subsection (7) —50 penalty units. - (a) a possession licensee who— (i) under the licence, possesses a radiation source for a radiation practice; and (ii) provides to another person (the monitored person ) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice; - (i) under the licence, possesses a radiation source for a radiation practice; and - (ii) provides to another person (the monitored person ) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice; - (b) a possession licensee who, under the licensee’s approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person ) required to be provided with a personal monitoring device; - (c) a use licensee (also the monitored person ) who, as a condition of the licence, is required— (i) to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and (ii) to have the device assessed from time to time. - (i) to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and - (ii) to have the device assessed from time to time. - (i) under the licence, possesses a radiation source for a radiation practice; and - (ii) provides to another person (the monitored person ) a personal monitoring device, as required by the licensee’s approved radiation safety and protection plan for the practice; - (i) to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and - (ii) to have the device assessed from time to time. - (a) the results of all the assessments; - (b) other information prescribed under a regulation. - (a) the day that is 30 years after the day when the last assessment happened; - (b) the day when the monitored person turns, or would have turned, 75 years.