sec.53Criteria for applications—possession licences

### sec.53 Criteria for applications—possession licences In deciding whether an applicant for a possession licence is a suitable person to hold the licence, the chief executive may have regard to the following— the radiation practice for which the applicant wants to possess the radiation source to which the application relates; for an ionising radiation source—the justification of the practice; Justification is a radiation safety, protection and security principle under section 5 . the adequacy of the proposed radiation safety and protection plan for the practice, having regard to section 28 ; Under section 51 (3) and (4) (a) , an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source. the applicant’s ability to comply with a possession licensee’s obligations under sections 17 , 18 , 33 34F, 34Q, 43, 44A and 44B; if the applicant has been convicted of an indictable offence—the nature, and circumstances of the commission, of the offence; whether the applicant has been convicted of an offence against this Act, the repealed Act or a corresponding law; the outcome of the security check and criminal history check under division 10 for— the applicant; or if the applicant is a corporation, the nominated person for the applicant; whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or a corresponding law, that was suspended or cancelled; if the application relates to a security enhanced source, the adequacy of the proposed security plan for the source, having regard to section 34A ; anything else relevant to the security of the radiation source to which the application relates; anything else relevant to the following in so far as exposure to radiation is concerned— the health or safety of any person; harm to the environment. For subsection (1) (g) , the chief executive must have regard to whether— a person mentioned in that provision has been convicted of, or charged with, a relevant offence in Queensland or elsewhere; and it is an unacceptable security risk for the person to possess a security enhanced source. s 53 amd 2010 No. 8 s 29 ; 2022 No. 1 s 117 s ch 1 pt 2 (sec.53-ssec.1) In deciding whether an applicant for a possession licence is a suitable person to hold the licence, the chief executive may have regard to the following— the radiation practice for which the applicant wants to possess the radiation source to which the application relates; for an ionising radiation source—the justification of the practice; Justification is a radiation safety, protection and security principle under section 5 . the adequacy of the proposed radiation safety and protection plan for the practice, having regard to section 28 ; Under section 51 (3) and (4) (a) , an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source. the applicant’s ability to comply with a possession licensee’s obligations under sections 17 , 18 , 33 34F, 34Q, 43, 44A and 44B; if the applicant has been convicted of an indictable offence—the nature, and circumstances of the commission, of the offence; whether the applicant has been convicted of an offence against this Act, the repealed Act or a corresponding law; the outcome of the security check and criminal history check under division 10 for— the applicant; or if the applicant is a corporation, the nominated person for the applicant; whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or a corresponding law, that was suspended or cancelled; if the application relates to a security enhanced source, the adequacy of the proposed security plan for the source, having regard to section 34A ; anything else relevant to the security of the radiation source to which the application relates; anything else relevant to the following in so far as exposure to radiation is concerned— the health or safety of any person; harm to the environment. (sec.53-ssec.2) For subsection (1) (g) , the chief executive must have regard to whether— a person mentioned in that provision has been convicted of, or charged with, a relevant offence in Queensland or elsewhere; and it is an unacceptable security risk for the person to possess a security enhanced source. - (a) the radiation practice for which the applicant wants to possess the radiation source to which the application relates; - (b) for an ionising radiation source—the justification of the practice; Note— Justification is a radiation safety, protection and security principle under section 5 . - (c) the adequacy of the proposed radiation safety and protection plan for the practice, having regard to section 28 ; Note— Under section 51 (3) and (4) (a) , an application for a possession licence must be accompanied by the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source. - (d) the applicant’s ability to comply with a possession licensee’s obligations under sections 17 , 18 , 33 34F, 34Q, 43, 44A and 44B; - (e) if the applicant has been convicted of an indictable offence—the nature, and circumstances of the commission, of the offence; - (f) whether the applicant has been convicted of an offence against this Act, the repealed Act or a corresponding law; - (g) the outcome of the security check and criminal history check under division 10 for— (i) the applicant; or (ii) if the applicant is a corporation, the nominated person for the applicant; - (i) the applicant; or - (ii) if the applicant is a corporation, the nominated person for the applicant; - (h) whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or a corresponding law, that was suspended or cancelled; - (i) if the application relates to a security enhanced source, the adequacy of the proposed security plan for the source, having regard to section 34A ; - (j) anything else relevant to the security of the radiation source to which the application relates; - (k) anything else relevant to the following in so far as exposure to radiation is concerned— (i) the health or safety of any person; (ii) harm to the environment. - (i) the health or safety of any person; - (ii) harm to the environment. - (i) the applicant; or - (ii) if the applicant is a corporation, the nominated person for the applicant; - (i) the health or safety of any person; - (ii) harm to the environment. - (a) a person mentioned in that provision has been convicted of, or charged with, a relevant offence in Queensland or elsewhere; and - (b) it is an unacceptable security risk for the person to possess a security enhanced source.