QLDIn ForceAct
Radiation Safety Act 1999
sec.43Additional obligations of possession licensees
Start here
Get a plain-English read of sec.43
Turn the raw legal text into a practical explanation grounded in Radiation Safety Act 1999.
### sec.43 Additional obligations of possession licensees
This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
The licensee must take reasonable steps to ensure that neither of the following is adversely affected by exposure to radiation because of the carrying out of the practice with the source—
the health or safety of any person;
the environment.
Maximum penalty—500 penalty units.
Without limiting the ways in which a possession licensee may comply with subsection (2) , a possession licensee is taken to comply with subsection (2) if at the relevant time—
the source complies with the relevant radiation safety standard; and
if the practice is being carried out at premises—the premises comply with the relevant radiation safety standard; and
the licensee is complying with the licensee’s approved radiation safety and protection plan for the practice.
Also, the licensee must take reasonable steps to ensure another person does not use the source unless the person is allowed to do so under a use licence or otherwise under this Act.
Maximum penalty—500 penalty units.
Section 13 (2) states circumstances in which a person is not required to hold a use licence to use a radiation source to carry out a radiation practice.
Subsection (6) applies if the source is a radioactive substance.
The licensee must take reasonable steps to ensure another person does not transport the substance unless the person is allowed to do so under a transport licence or otherwise under this Act.
Maximum penalty for subsection (6) —500 penalty units.
Section 14 (3) states circumstances in which a person is not required to hold a transport licence to transport a radioactive substance.
s 43 amd 2010 No. 8 s 24
(sec.43-ssec.1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(sec.43-ssec.2) The licensee must take reasonable steps to ensure that neither of the following is adversely affected by exposure to radiation because of the carrying out of the practice with the source— the health or safety of any person; the environment. Maximum penalty—500 penalty units.
(sec.43-ssec.3) Without limiting the ways in which a possession licensee may comply with subsection (2) , a possession licensee is taken to comply with subsection (2) if at the relevant time— the source complies with the relevant radiation safety standard; and if the practice is being carried out at premises—the premises comply with the relevant radiation safety standard; and the licensee is complying with the licensee’s approved radiation safety and protection plan for the practice.
(sec.43-ssec.4) Also, the licensee must take reasonable steps to ensure another person does not use the source unless the person is allowed to do so under a use licence or otherwise under this Act. Maximum penalty—500 penalty units. Section 13 (2) states circumstances in which a person is not required to hold a use licence to use a radiation source to carry out a radiation practice.
(sec.43-ssec.5) Subsection (6) applies if the source is a radioactive substance.
(sec.43-ssec.6) The licensee must take reasonable steps to ensure another person does not transport the substance unless the person is allowed to do so under a transport licence or otherwise under this Act. Maximum penalty for subsection (6) —500 penalty units. Section 14 (3) states circumstances in which a person is not required to hold a transport licence to transport a radioactive substance.
- (a) the health or safety of any person;
- (b) the environment.
- (a) the source complies with the relevant radiation safety standard; and
- (b) if the practice is being carried out at premises—the premises comply with the relevant radiation safety standard; and
- (c) the licensee is complying with the licensee’s approved radiation safety and protection plan for the practice.