Radiation Control Act 1977
An Act to make provision for regulating the use of radioactive materials and electronic products producing radiation, and for matters incidental thereto
[Royal Assent 21 September 1977]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) This Act may be cited as the Radiation Control Act 1977 .(2) This Act shall commence on a date to be fixed by proclamation.
[Section 2 Amended by No. 29 of 1984, s. 3 and Sched. 1 ](1) In this Act, unless the contrary intention appears –authorized officer means a person appointed or authorized in accordance with section 19 ;Council means the Radiation Advisory Council constituted under this Act;deals with in relation to any product or material means to use, or to be in possession of, or to sell or offer or expose for sale, or to lend, give, supply, purchase, or store that product or material;electronic product means –(a) a manufactured or assembled product that when in operation emits or is capable of emitting radiation or would (but for the presence of some shielding device or other control) emit or be capable of emitting radiation; or(b) any manufactured or assembled product intended for use as a component or accessory of an electronic product that when in operation as such a component or accessory emits or is capable of emitting radiation or would (but for the presence of some shielding device or other control) emit or be capable of emitting radiation;licence means a licence granted under this Act;material means any natural or artificial material whether in solid form or liquid form or in the form of gas or vapour and includes any manufactured article or any article which has been subjected to any artificial treatment or process;Minister means the Minister for the time being administering the Public Health Act 1962 ;permit means a permit granted under this Act;radiation means an ionizing or non-ionizing electromagnetic or particulate radiation;radioactive material means any material which consists of or contains any chemical element, whether natural or artificial, having the action of spontaneously emitting ionizing radiation.(2) In this Act a reference to the variation of conditions of a licence shall be construed as including references to the addition of new conditions to that licence.
This Act binds the Crown.
PART II - Administration
(1) There shall be established a Radiation Advisory Council, having the duty to keep under review all matters connected with electronic products and radioactive material with a view, in particular, to advising the Minister on the measures to be taken to prevent or reduce a risk of injury to, or a danger to the health of, any person arising from any such products or material.(2) Without prejudice to the generality of the foregoing provision of this section the Council shall give such advice to the Minister as it considers necessary with respect to the administration of this Act, including the making of regulations and the granting and cancellation of licences and permits thereunder.(3) Where the Minister refers any matter to the Council it shall as soon as practicable consider that matter and report to him thereon.(4) As soon as practicable after the 30th June in each year the Council shall submit to the Minister a report on its proceedings during the 12 months ending on that day, and on receiving that report the Minister shall lay a copy thereof before each House of Parliament.
5. Constitution of the Council
(1) The members of the Council shall be appointed by the Minister and shall consist of a chairman and such other members as the Minister may determine.(2) [Section 5 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The chairman of the Council shall be a medical practitioner who is a State Service officer or State Service employee.(3) The Minister may, in respect of each member of the Council, except the chairman, appoint a person to be deputy of that member and the person so appointed has during the absence of the member from a meeting of the Council or a committee of the Council all the powers of that member.(4) Before appointing a person as a member or as deputy of a member of the Council (other than the chairman) the Minister shall consult such authorities, or such scientific, professional, or technical organizations, or such other persons as he considers appropriate.(5) A member of the Council shall be appointed for a term not exceeding 3 years, but may resign his office by notice in writing addressed to the Minister.(6) The Minister may remove any member of the Council from office if he is satisfied that that member –(a) has become incapable of carrying out the duties of his office;(b) has misconducted himself in the performance of the duties of his office;(c) has applied to take, or takes, advantage of any law relating to bankruptcy, or has compounded or entered into an arrangement, with his creditors;(d) has, without leave granted by the Council, failed to attend 3 consecutive meetings of Council; or(e) has been convicted (whether in this State or elsewhere) of an offence of such a nature that renders it improper for him to continue to hold his office.(7) Subject to subsection (8) , the Minister may pay to members of the Council and the deputies of members of the Council such remuneration and allowances as he may determine.(8) [Section 5 Subsection (8) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] No remuneration (other than travelling allowances and other allowances intended to meet the expenses incurred by a member of the Council in the exercise of his duties as such) shall be paid under this section to a member of the Council who is a State Service officer or State Service employee, or in the employment of –(a) [Section 5 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an authority, not being an Agency within the meaning of the State Service Act 2000 , or other person constituted, established, or appointed under an Act or in the exercise of the prerogative rights of the Crown to administer or control any department, business, undertaking, or institution on behalf of the State; or(b) any person or body receiving aid from the State that is declared by the Minister, by order, to be a person or body to which this subsection applies.
(1) At a meeting of the Council the chairman or, if he is absent or there is no chairman, such one of the other members present, as they may choose, shall preside at the meeting.(2) The person presiding at a meeting of the Council has a deliberative vote only and, in the event of an equality of votes on any matter before a meeting of the Council, the matter stands adjourned to the next meeting of the Council.(3) Four members of the Council constitute a quorum at any meeting of the Council.(4) The Council shall keep full and accurate minutes of all its proceedings.(5) Subject to this Act, the Council may regulate its own proceedings.
(1) Where the Council is of the opinion that it would be convenient for any matter to be investigated or considered by a committee it may refer that matter to a committee appointed under this section, and may delegate to a committee so appointed, with or without restrictions, any of the functions exercisable by the Council under this Act.(2) The Council may appoint committees for the purposes of this section and any such committee may consist of, or include, persons who are not members of the Council.(3) The chairman of a committee appointed under this section shall be such member thereof as the Council shall appoint or may be appointed as the Council directs, and the Council may fix the terms of office of the members of the committee, and give directions as to its proceedings and the manner of the exercise of its functions.(4) Subject to this section and any directions given thereunder a committee appointed under this section may regulate its own proceedings.
[Section 8 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) [Section 8 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Council may make arrangements with the Head of a State Service Agency for a State Service officer or State Service employee employed in that Agency to be appointed secretary of the Council and that officer or employee may hold office as secretary in conjunction with State Service employment.(2) [Section 8 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Council may make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be considered necessary to be made available to the Council to enable it to perform its functions, and such officers and employees may, in conjunction with State Service employment, serve the Council in any capacity.(3) The Minister may make arrangements to render available to the Council such accommodation as the Council may require.(4) The Minister shall ensure that there is always at least one scientist proficient in the practice of protection against radiation available to advise and assist the Council under this section.
9. Delegation of functions of Minister
(1) [Section 9 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may delegate with or without restrictions the exercise of any of his functions under this Act (other than those under section 5 ) to a medical practitioner who is a State Service officer or State Service employee.(2) Where any function is delegated under subsection (1) to the Director of Public Health he may, with the approval of the Minister, delegate, with or without restrictions, the exercise of that function to some other person.(3) A delegation under this section may, either generally or in relation to a particular matter, be revoked at any time.(4) A delegation of a function under this section does not prevent or affect its exercise by the Minister or the Director of Public Health.(5) In relation to the functions delegated under this section any reference in this Act to the Minister shall, subject to the terms of the delegation, and so far as the context does not otherwise require, be construed as including a reference to the officer or other person to whom the function was delegated.(6) A delegation under this section and the revocation of such a delegation shall be by an instrument in writing.
PART III - Control of Radioactive Material and Electronic Products
10. Prohibition on unlicensed dealing with radioactive material and electronic products
(1) [Section 10 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Subject to this Act, any person who, otherwise than in accordance with an authority granted by a licence or permit, deals with any radioactive material or electronic product is guilty of an offence and liable to a fine not exceeding 50 penalty units.(2) Subsection (1) does not apply to anything done by the Director of Public Health or a person acting in accordance with his directions.(3) Regulations under this Act may exempt from the operation of this section any dealings, or any dealings of a particular kind, with a particular substance or product, or products or substances of a particular kind.
(1) A licence authorizes the holder thereof, or any person acting at his direction, to deal with, in the manner specified in the licence, any radioactive material or electronic product so specified, or falling within any class or description so specified.(2) A licence may specify the conditions subject to which any dealing to which it relates may be undertaken or take place, and where a licence so specifies it does not authorize that dealing unless those conditions are complied with.(3) A licence unless renewed or further renewed ceases to have effect on 30th June following the date on which it was granted or last renewed.
12. Grant and renewal of licences
(1) On an application in that behalf, accompanied by the prescribed fee, the Minister may grant the applicant a licence in such form as the Minister considers proper.(2) Before he determines an application for a licence the Minister may, if he thinks fit, refer it to the Council for its advice, and where in respect of an application for a licence, the Council recommends that a licence, or a licence of a particular kind, should not be granted or should be granted only on specified conditions, the Minister shall not grant a licence contrary to that recommendation.(3) Before it makes a recommendation under subsection (2) in respect of an application for a licence the Council shall notify the applicant that it is of opinion that it may be necessary to make such a recommendation, specifying the grounds on which it bases its opinion, and shall consider any representations that the applicant may make with regard to the matters set forth in the notification.(4) Where an applicant is notified as mentioned in subsection (3) and if, before the Council makes its recommendation, he so requests, the Council shall give him an opportunity of appearing before it and presenting to it such evidence as he may desire with respect to the matters set forth in the notification.(5) Before he makes a determination on an application the Minister, by an inspection or otherwise, may obtain such information as he considers necessary for the proper making of the determination, and the applicant shall furnish the Minister with such of that information as the Minister may require and take such action as is necessary to enable any such inspection to be properly carried out.(6) The Minister shall, subject to subsection (7) , on an application in that behalf made in the prescribed time and accompanied by the prescribed fee renew a licence.(7) The Minister, if he is of the opinion that it is desirable in order to prevent or reduce a risk of injury to, or danger to the health of, any person, may refuse to renew a licence or may renew a licence with varied conditions.
13. Cancellation, suspension, and variation of licences
(1) If the Minister is of the opinion that it is necessary or desirable in order to prevent or reduce a risk of injury to, or danger to the health of, any person, he may cancel the licence, suspend it for a specified period, or vary any of its conditions.(2) Where the Council recommends to the Minister that, in order to prevent or reduce a risk of injury to, or a danger to the health of, any person, a licence should be cancelled or suspended, he shall comply with that recommendation.(3) The powers of the Minister under this section are effected by notice in writing served on the holder of the licence.
14. Surrender of licence on cancellation, &c.
(1) Where a person is notified that a licence held by him has been cancelled or suspended, or that its conditions have been varied he shall surrender the licence to the Minister, and if he fails or refuses to do so he is guilty of an offence and liable to a penalty of $200.(2) Where a licence that has been suspended is surrendered to the Minister it shall be retained by him until the period for which it has been suspended has expired.(3) Where the conditions of a licence have been varied the Minister shall, on the licence being surrendered to him, endorse the licence with a note of the variation and return it to the holder.(4) Failure to comply with this section does not affect the cancellation or suspension, or the variation of the conditions of a licence.(5) Where a licence is suspended for a period and that period extends beyond the end of the period for which the licence would have remained in force if it were not renewed, it may nevertheless be renewed.
(1) Any person who is aggrieved by –may appeal to the Supreme Court, and, on the hearing of the appeal, the Court, unless it dismisses the appeal, may quash the decision of the Minister and may give such directions in the matter as it thinks proper, being directions for the grant, or renewal, or the cancellation or suspension or the variation of the conditions, of a licence.(a) the refusal of the Minister to grant or renew a licence;(b) the conditions of a licence;(c) the variation of the conditions of a licence; or(d) the cancellation or suspension of a licence –(2) The Minister shall comply with the directions given him by the Court under this section.
(1) On the application of the holder of a licence the Minister may, if he thinks it proper to do so, grant to the person named in the application a permit authorizing him to exercise the authority conferred by the licence.(2) A permit shall specify the period, not exceeding 3 months in length, for which it is to remain in force but, by endorsement on the permit, the Minister may from time to time, extend the period for which the permit is to remain in force by further periods each not exceeding 3 months in length.(3) The Minister may at any time, by notice in writing served on the holder of the permit or the licence in respect of which it was granted, cancel the permit.(4) The holder of a permit may surrender the permit to the Minister and on being so surrendered it ceases to be of further effect.
The Minister shall notify the Council of the grant, renewal, cancellation, suspension of any licence, and the variation of the conditions of any licence.
(1) Where the Director is satisfied that urgent action is necessary for the prevention or reduction of a risk of injury to, or a danger to the health of, any person arising from any radioactive material or electronic product he may give such directions as he considers necessary in the circumstances to any person having, by virtue of a licence under this Act, authority to deal with that material or product, or having the possession, custody, or control of thematerial or product.(2) [Section 18 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Any person who, without reasonable excuse –is guilty of an offence and liable to a fine not exceeding 50 penalty units.(a) fails or refuses to carry out any directions given to him under subsection (1) ; or(b) obstructs any person in carrying out any directions so given to that person –
(1) [Section 19 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 19 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may, with the approval of the Head of a State Service Agency, appoint, by instrument in writing, State Service officers and State Service employees employed in that Agency to be authorized officers for the purposes of this Act, and such officers and employees may hold office as authorized officers in conjunction with State Service employment.(1A) [Section 19 Subsection (1A) inserted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 19 Subsection (1A) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister may, by instrument in writing, authorize persons, not being State Service officers and State Service employees, to perform the duties and exercise the powers of authorized officers for the purposes of this Act.(2) An authorized officer may –and for such purpose may, at any reasonable time enter upon any premises, vehicle, vessel, or aircraft.(a) for the purposes of ascertaining whether the provisions of this Act are being complied with, inspect and search any premises or any vehicle, vessel, or aircraft, and make such examinations and enquiries as he considers necessary.(b) take samples of, or inspect and test any radioactive material or electronic product that he finds in or on any premises, vehicle, vessel, or aircraft;(c) examine and calibrate any apparatus which he believes to be an electronic product;(d) examine and calibrate any apparatus intended for the measurement of radiation; and(e) examine and copy any records which are required to be kept under this Act –(3) Nothing in subsection (1) authorizes an officer to enter any premises used wholly or mainly for residential purposes except with the consent of the occupier, or person apparently in charge, of the premises.(4) On entering, or applying for admission to, any premises, vehicle, or aircraft, an authorized officer shall, if required by the occupier, master, or person in charge of the premises, vehicle, vessel, or aircraft, produce to that occupier, master, or person his written authority from the Minister.(5) If it is shown to the satisfaction of a justice –the justice may, by warrant under his hand, authorize the authorized officer and any other person named in the warrant, and any police officer, to enter, inspect and examine the premises, vehicle, vessel, or aircraft and take and remove samples of, or inspect and test, any radioactive substance or electronic product that he finds therein or thereon.(a) that –(i) an authorized officer has been refused entry to any premises, vehicle, vessel, or aircraft; or(ii) the case is a case of urgency and an application or a request for admission to any premises, vehicle, vessel, or aircraft would defeat the object of the entry; and(b) that it is reasonably necessary for the due administration of this Act or for the purpose of preventing, or minimising the danger of contamination of any person by any radioactive substance or exposure of any person to radiation, that entry to the premises, vehicle, vessel, or aircraft be made by the authorized officer –(6) A warrant under this section continues in force until the purpose for which it is granted has been satisfied.
(1) The Governor may make regulations with respect to electronic products and radioactive material and nothing in the following provisions of this section shall be construed as prejudicing the generality of the provisions of this subsection.(2) Regulations under this section may with respect to any electronic product or radioactive material contain provisions for –(a) regulating the manufacture, transport, dealing with, or disposal of the product or material;(b) the registration of the product or material, and the prohibition or restriction of the dealings with a product or material that is not so registered;(c) requiring the giving of notifications or the making of returns with respect to any matter arising in connection with the manufacture, transport, dealing with, or disposal of the product or material;(d) for imposing requirements with respect to the buildings or other premises in or on which the material or product is manufactured, dealt with, or disposed of.(3) Regulations under this section may contain provisions directed to the prevention and detection of illness, or injury arising from radiation and in particular may –(a) require specified measures and precautions to be taken by, or in relation to, persons at risk;(b) require the giving of notifications and the making of returns in relation to the employment of persons at risk;(c) require the examination of persons at risk and prescribe the form of that examination;(d) require the examination of the conditions of employment of persons at risk;(e) require notification to be given and returns made in respect of the examination or treatment of persons at risk;(f) require warnings, information or instructions to be given to persons at risk or likely to become persons at risk.(4) For the purposes of this section a person shall be deemed to be a person at risk if –or if, by reason of a prescribed occurrence, he is to be deemed for the purpose of this section to be a person at risk; and differing provisions may be made under this section in respect of persons becoming persons at risk in different circumstances.(a) he is engaged in any occupation concerned with the transportation, manufacture, dealing with, or disposal of any electronic product or radioactive material;(b) he is on any premises or in any place at which any electronic product or radioactive material is dealt with or disposed of –(5) A power conferred by this section to regulate any dealing or other activity shall be deemed to include power, in prescribed cases, to prohibit that dealing or activity.(6) Any requirement imposed by the regulations under this section may be imposed by reference to any standard code of practice or other document published or issued by a specified authority, body, or person or to be so published or issued.(7) [Section 20 Subsection (7) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Regulations under this section may impose fines, not exceeding 50 penalty units, in contravention of any of the provisions thereof.(8) Regulations under this section may make provision with respect to applications for the grant or renewal of licences under this Act.
The Radioactive Substances Act 1954 and Radioactive Substances Act 1966 are repealed.