sec.51Procedural requirements for applications

### sec.51 Procedural requirements for applications An application for an Act instrument must— be made to the chief executive; and be in the approved form; and be accompanied by the following— the fees prescribed under a regulation; other documents prescribed under a regulation. If the application is for an Act instrument prescribed by regulation for this subsection, the application must also be accompanied by— if the applicant is an individual—proof, to the satisfaction of the chief executive, of the individual’s identity; or if the applicant is required to appoint a nominated person—proof, to the satisfaction of the chief executive, of the nominated person’s identity. If the application is for a possession licence for a radiation source that is not a security enhanced source, the application must also be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source. If the application is for a possession licence for a radiation source that is a security enhanced source, the application must also be accompanied by— the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source; and the proposed security plan for the radiation source. If the application is for an approval to relocate, the application must also be accompanied by the written approval for the proposed relocation given by the regulatory authority responsible for preventing or minimising health risks to any person or harm to the environment, in so far as exposure to radiation is concerned, in the locality to which the applicant proposes to relocate the radiation source concerned. If the application is for a possession licence or transport licence for a security enhanced source or a use licence for a portable security enhanced source— the application must also be accompanied by the fee prescribed under a regulation for the security check and criminal history check under division 10 ; and the approved form must require— the disclosure of the applicant’s criminal history; and if the applicant is a corporation— the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and the disclosure of that individual’s criminal history. The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to a disclosure under subsection (6) (b) . The chief executive must consider the application and either grant, or refuse to grant, the application. The chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to hold the instrument. s 51 sub 2010 No. 8 s 28 amd 2022 No. 1 s 114 (sec.51-ssec.1) An application for an Act instrument must— be made to the chief executive; and be in the approved form; and be accompanied by the following— the fees prescribed under a regulation; other documents prescribed under a regulation. (sec.51-ssec.2) If the application is for an Act instrument prescribed by regulation for this subsection, the application must also be accompanied by— if the applicant is an individual—proof, to the satisfaction of the chief executive, of the individual’s identity; or if the applicant is required to appoint a nominated person—proof, to the satisfaction of the chief executive, of the nominated person’s identity. (sec.51-ssec.3) If the application is for a possession licence for a radiation source that is not a security enhanced source, the application must also be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source. (sec.51-ssec.4) If the application is for a possession licence for a radiation source that is a security enhanced source, the application must also be accompanied by— the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source; and the proposed security plan for the radiation source. (sec.51-ssec.5) If the application is for an approval to relocate, the application must also be accompanied by the written approval for the proposed relocation given by the regulatory authority responsible for preventing or minimising health risks to any person or harm to the environment, in so far as exposure to radiation is concerned, in the locality to which the applicant proposes to relocate the radiation source concerned. (sec.51-ssec.6) If the application is for a possession licence or transport licence for a security enhanced source or a use licence for a portable security enhanced source— the application must also be accompanied by the fee prescribed under a regulation for the security check and criminal history check under division 10 ; and the approved form must require— the disclosure of the applicant’s criminal history; and if the applicant is a corporation— the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and the disclosure of that individual’s criminal history. (sec.51-ssec.7) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to a disclosure under subsection (6) (b) . (sec.51-ssec.8) The chief executive must consider the application and either grant, or refuse to grant, the application. (sec.51-ssec.9) The chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to hold the instrument. - (a) be made to the chief executive; and - (b) be in the approved form; and - (c) be accompanied by the following— (i) the fees prescribed under a regulation; (ii) other documents prescribed under a regulation. - (i) the fees prescribed under a regulation; - (ii) other documents prescribed under a regulation. - (i) the fees prescribed under a regulation; - (ii) other documents prescribed under a regulation. - (a) if the applicant is an individual—proof, to the satisfaction of the chief executive, of the individual’s identity; or - (b) if the applicant is required to appoint a nominated person—proof, to the satisfaction of the chief executive, of the nominated person’s identity. - (a) the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess the radiation source; and - (b) the proposed security plan for the radiation source. - (a) the application must also be accompanied by the fee prescribed under a regulation for the security check and criminal history check under division 10 ; and - (b) the approved form must require— (i) the disclosure of the applicant’s criminal history; and (ii) if the applicant is a corporation— (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and (B) the disclosure of that individual’s criminal history. - (i) the disclosure of the applicant’s criminal history; and - (ii) if the applicant is a corporation— (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and (B) the disclosure of that individual’s criminal history. - (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and - (B) the disclosure of that individual’s criminal history. - (i) the disclosure of the applicant’s criminal history; and - (ii) if the applicant is a corporation— (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and (B) the disclosure of that individual’s criminal history. - (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and - (B) the disclosure of that individual’s criminal history. - (A) the nomination by the corporation of the individual who will oversee the security of the security enhanced source; and - (B) the disclosure of that individual’s criminal history.