Radiation Protection Amendment Regulations 2014
I, the Lieutenant-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 Protection Act 2005 .
1 July 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
MICHAEL DARREL JOSEPH FERGUSON
Minister for Health
These regulations may be cited as the Radiation Protection Amendment Regulations 2014 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Radiation Protection Regulations 2006 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 definition after the definition of ambient dose equivalent rate :approved disposal site means an area of land or place approved, for the disposal of radioactive materials, by both –(a) the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994 ; and(b) the relevant local government authority;(b) by omitting paragraph (b) from the definition of medical exposure and substituting the following paragraph:(b) exposure received as a consequence of assisting a treated person if –(i) the person assisting the treated person is aware of the exposure and accepts any associated risks; and(ii) the exposure is not occupational exposure;(c) by omitting the definitions of non-occupational exposure and occupational exposure and substituting the following definition:occupational exposure, of a person to ionising radiation, means the exposure of the person to the ionising radiation in the course of the person's work while the person is directly involved in the carrying out of a radiation practice, other than –(a) natural background exposure to ionising radiation, unless that exposure is directly attributable to carrying out the radiation practice; or(b) medical exposure to ionising radiation; or(c) public exposure to ionising radiation;(d) by omitting "2001" from the definition of Safe Transport Code and substituting "2008".
5. Regulation 4 amended (Criteria for determining applications for authorities)
Regulation 4(1) of the Principal Regulations is amended by omitting " section 21(2)(a) " and substituting " section 21(2)(a) , (b) and (c)".
6. Regulation 5 amended (Requirements for issue of certificates of compliance for radiation sources and radiation places)
Regulation 5 of the Principal Regulations is amended as follows:(a) by omitting subparagraph (i) from subregulation (2) and substituting the following subparagraph:(i) meet the requirements of ISO Standard 2919:2012, as expressed in table 3 of that ISO Standard; or(b) by omitting from subregulation (4)(vii) " AS/NZS 2982.1:1997 " and substituting " AS/NZS 2982.1:2010 ".
7. Regulation 6A inserted
After regulation 6 of the Principal Regulations , the following regulation is inserted in Part 2:6A. Renewal of certificate of compliance
(1) A certificate of compliance may be renewed at any time within the period of 6 weeks immediately before its expiry.(2) If a certificate of compliance is renewed, the renewal takes effect on the expiry of the original certificate.
8. Regulation 9 amended (Dose limits for occupational exposure of persons)
Regulation 9 of the Principal Regulations is amended as follows:(a) by omitting "while the person is involved in carrying out a radiation practice";(b) by omitting paragraph (c) and substituting the following paragraph:(c) the equivalent dose for each lens of the person's eyes must not be more than –(i) an average of 20 millisieverts per year over a 5-year period; or(ii) 50 millisieverts in any one year;
9. Regulation 10 amended (Dose limits for public exposure of persons)
Regulation 10 of the Principal Regulations is amended by omitting "while a radiation practice is being carried out".
10. Regulation 11 amended (Occupational exposure to radon-222)
Regulation 11(1) of the Principal Regulations is amended by omitting "occupational".
11. Regulation 16 amended (Training)
Regulation 16(2) of the Principal Regulations is amended by inserting ", including the Safe Transport Code" after "guidelines".
12. Regulation 19 amended (Disposal)
Regulation 19 of the Principal Regulations is amended as follows:(a) by omitting the definition of approved disposal site from subregulation (1) ;(b) by omitting from subregulation (2)(a) " regulations 20 , 21 , 22 and 23 " and substituting "this Part";(c) by omitting from subregulation (3)(c) " regulations 20 , 21 , 22 and 23 " and substituting "this Part".
13. Regulation 20B inserted
After regulation 20A of the Principal Regulations , the following regulation is inserted in Part 7:20B. Disposal into sewer by treated person
For the purposes of this Part, the disposal of radioactive material into a sewer by a treated person at the place at which he or she was treated is taken to be disposal by the holder of the licence to possess, store and use the radioactive material used in the irradiation of the treated person.
14. Regulation 28 amended (Pro-rata calculation of licence fees)
Regulation 28(1) of the Principal Regulations is amended by omitting "the period of 12 months commencing on 1 September each year" from the definition of licensing period and substituting "a period of 12 months".
15. Regulation 33 amended (Exemptions for certain small quantities of radioactive material)
Regulation 33(a) of the Principal Regulations is amended by inserting ", in the case of solids, an" after "or".
16. Regulation 36A inserted
After regulation 36 of the Principal Regulations , the following regulation is inserted in Part 10:36A. Exemptions for transport of radiation source that is not excepted package
(1) The following dealings with a radiation source that is not contained in an excepted package, within the meaning of regulation 35 , are exempt from the operation of section 13(1) of the Act:(a) possession of the radiation source during its transport;(b) storage of the radiation source during its transport.(2) A radiation source that is stored during its transport is exempt from the operation of section 14 of the Act.
17. Regulation 38 substituted
Regulation 38 of the Principal Regulations is rescinded and the following regulation is substituted:38. Exemptions for certain non-ionising radiation sources
(1) A non-ionising radiation source is exempt from the operation of sections 13(1) , 14 and 38 of the Act if it is not –(a) a class 3B or class 4 Laser within the meaning of AS/NZS IEC 60825.1:2011; or(b) a nuclear magnetic resonance unit; or(c) an artificial, incoherent pulsed source of electromagnetic radiation, in the wavelength range of 100 nanometres to 3 000 nanometres, that –(i) is used for cosmetic purposes; and(ii) produces exposure levels that exceed the maximum permissible exposure levels specified in AS/NZS 2211.9:2002.(2) A non-ionising radiation source that is a class 3B laser within the meaning of AS/NZS IEC 60825.1:2011 and which is used by a physiotherapist, podiatrist or chiropractor registered under the Health Practitioner Regulation National Law (Tasmania) Act 2010 is exempt from –(a) section 13(1) of the Act, unless the dealing relates to the possession, acquisition or disposal of the laser; and(b) section 14 of the Act.
18. Regulation 40 amended (Exemptions for low-exposure radiation sources)
Regulation 40 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "or a lighting product," after "item,";(b) by inserting in subregulation (2) "or a lighting product," after "item,".
19. Regulation 45 amended (Exemptions for gas chromatographs containing Ni-63 or tritium sources)
Regulation 45 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) ", other than a radiation safety officer,";(b) by omitting from subregulation (1) "Ni-63" and substituting "up to 750 megabecquerels of Ni-63 or up to 20 gigabecquerels of tritium";(c) by omitting from subregulation (2) "Ni-63" and substituting "up to 750 megabecquerels of Ni-63 or up to 20 gigabecquerels of tritium";(d) by omitting from subregulation (3) "Ni-63" and substituting "up to 750 megabecquerels of Ni-63 or up to 20 gigabecquerels of tritium".
20. Regulation 46 amended (Exemptions for cabinet X-ray equipment)
Regulation 46 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1) "packages or baggage," and substituting "baggage, goods or other articles";(b) by omitting from subregulation (3) "packages or baggage," and substituting "baggage, goods or other articles".
21. Regulations 49A , 49B and 49C inserted
After regulation 49 of the Principal Regulations , the following regulations are inserted in Part 10:49A. Exemption for treated persons
A treated person is exempt from the operation of section 13(1) of the Act, and Part 7 of these regulations, in respect of the radiation source used in the irradiation of that person.49B. Exemptions in respect of lost or stolen radiation source
A radiation source referred to in the following regulations is exempt from section 12 of the Act, where the radiation source is, or appears to have been, lost or stolen:(a) regulation 33 ;(b) regulation 34 ;(c) regulation 37 ;(d) regulation 38 ;(e) regulation 39 ;(f) regulation 40 ;(g) regulation 43 .49C. Exemption for approved disposal sites
If, for the purposes of disposing of radioactive material to which the Disposal Code applies, the operator of, or other person employed at, an approved disposal site takes custody of that material, the operator or other person is exempt from the operation of section 13(1) of the Act in respect of the acquisition, possession and disposal of that material in accordance with the Disposal Code.
22. Regulation 50 amended (Exemptions for aircraft and vessels)
Regulation 50 of the Principal Regulations is amended as follows:(a) by inserting "required to be" after "is" in paragraph (a) of the definition of local vessel in subregulation (1) ;(b) by inserting "required to be" after "is" in paragraph (c) of the definition of local vessel in subregulation (1) ;(c) by omitting from subregulation (5) ", other than cargo,";(d) by omitting from subregulation (6) ", other than cargo,".
23. Regulation 52A amended (Inspection and publication of register)
Regulation 52A of the Principal Regulations is amended as follows:(a) by omitting from paragraph (b) "ARPANSA." and substituting "ARPANSA;";(b) by inserting the following paragraph after paragraph (b) :(c) any person who is responsible under the laws of another jurisdiction for the licensing or other authorisation of a radiation source, a dealing with a radiation source, a place where a radiation source is used or stored, the testing of a radiation source or the issue of a certificate that has substantially the same effect as a certificate of compliance.
24. Regulation 53 amended (Infringement notices)
Regulation 53 of the Principal Regulations is amended as follows:(a) by omitting subregulation (1) ;(b) by omitting subregulations (3) and (4) .
25. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is amended by inserting after item 3 the following item:
3A.
Annual fee payable for licence to possess but not store or use radiation apparatus or radioactive material
85 plus 21 for each radiation apparatus or sealed source
26. Schedule 3 amended (Infringement Notices)
Schedule 3 to the Principal Regulations is amended by inserting after item 6 in in Part 1 the following item:
6A.
23(4)
1
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 July 2014
These regulations are administered in the Department of Health and Human Services.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Radiation Protection Regulations 2006 by –(a) exempting certain sources of radiation from the operation of the Radiation Protection Act 2005 ; and(b) omitting certain provisions; and(c) making various miscellaneous amendments of a minor nature.