Radiation Control Amendment Regulations 2002

Radiation Control Amendment Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Radiation Control Act 1977 .

G. S. M. GREEN

Governor

By His Excellency's Command,

D. E. LLEWELLYN

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Radiation Control Amendment Regulations 2002 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Radiation Control Regulations 1994 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definitions after the definition of becquerel :

carrier means any person, organisation or government undertaking the carriage of radioactive material by any means of transport, as either carrier for hire or reward or carrier on own account;

Code of Practice means the Code of Practice for the Safe Transport of Radioactive Material (2001) published by the Australian Radiation Protection and Nuclear Safety Agency;

consignor means any person, organisation or government which prepares a consignment for transport, and is named as consignor in the transport documents;

(b) by omitting the definition of International Regulations and substituting the following definition:

International Regulations means the Regulations for the Safe Transport of Radioactive Material (1996 edition) published by the International Atomic Energy Agency in 2000 and incorporated in the Code of Practice;

5.    Regulation 8A amended (Competent authority)

Regulation 8A of the Principal Regulations is amended by inserting "as adopted by the Code of Practice" after "Regulations".

6.    Regulations 9 , 10 and 11 substituted

Regulations 9 , 10 and 11 of the Principal Regulations are rescinded and the following regulations are substituted:

9.   Consignor's responsibilities

A consignor must comply with section 2 clause 2.8 of the Code of Practice in relation to the consignment of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

10.   Carrier's responsibilities

A carrier must comply with section 2 clause 2.9 of the Code of Practice in relation to the conveyance of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

11.   Transporter's responsibilities

A person, other than a consignor or carrier, who transports radioactive material must comply with section 2 clause 2.8 and clause 2.9 of the Code of Practice in relation to the consignment and conveyance of radioactive material as defined in the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units.

7.    Regulation 12 amended (Training)

Regulation 12 of the Principal Regulations is amended as follows:

(a) by inserting "or consignor" after "a carrier";

(b) by inserting "or consignor" after "the carrier".

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 September 2002

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) require the transport of radioactive material to be conducted in accordance with the Code of Practice for the Safe Transport of Radioactive Material (2001); and

(b) require consignors to train people adequately before they become involved in the transport of radioactive material on behalf of the consignor.