Radiation Protection Act 2006

This Act is the Radiation Protection Act 2006.

The object of this Act is to protect the health and safety of people, and to protect property and the environment, from the harmful effects of radiation.

The radiation protection principle means the principle that people, property and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation for which—

justification involves assessing whether the benefits of a radiation practice, or the use of a radiation source, outweigh the detriment caused by the practice or source; and

limitation involves setting radiation dose limits, or imposing other measures, so that the health risk to anyone, or the risk of damage to property or the environment, from being exposed to radiation is below unacceptable levels; and

optimisation—

in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person, property or the environment to radiation involves keeping—

the magnitude of individual doses of, or the number of people who may be exposed to, ionising radiation; or

if the magnitude of individual doses, or the number of people who may be exposed, is uncertain—the likelihood of exposures of ionising radiation happening;

as low as reasonably achievable taking into account economic, social and environmental factors; and

optimising, to a level of cost effectiveness, the conduct of a radiation practice, or the use of a radiation source, that may expose a person, property or the environment to non‑ionising radiation.

The advisory committee, and anyone else with functions under this Act, must have regard to the radiation protection principle in exercising a function under this Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘radiation source—see section 9 (1).’ means that the term ‘radiation source’ is defined in that subsection.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Important terms

For this Act, radiation is a phenomena caused naturally, or created artificially, that is—

an electromagnetic waveform, quanta or both; and

propagated through space or through a material medium.

Radiation is ionising if it is—

capable of producing ions directly or indirectly; and

either—

particulate radiation; or

electromagnetic radiation of a wavelength of 100 nanometres or less.

Radiation is non-ionising if it is electromagnetic radiation of a wavelength greater than 100 nanometres.

A thing is a radiation source if it emits or may emit radiation.

A radiation source can be a radiation apparatus, a radiation facility or radioactive material.

A radiation apparatus is—

apparatus that—

produces radiation when energised; or

if assembled or repaired, would be capable of producing radiation when energised; or

a thing prescribed by regulation to be a radiation apparatus.

A radiation facility is a facility prescribed by regulation to be a radiation facility.

Radioactive material is material that spontaneously emits ionising radiation as a consequence of nuclear transformations.

A radiation source is a prohibited radiation source if it is prescribed by regulation to be a prohibited radiation source.

A radiation source is a regulated radiation source if it is—

a radiation source (other than a prohibited radiation source) that emits or is capable of emitting ionising radiation above the level prescribed by regulation; or

a radiation source prescribed by regulation that emits or is capable of emitting non-ionising radiation.

A person deals with a radiation source if the person—

manufactures the radiation source; or

possesses the radiation source; or

supplies the radiation source to someone else; or

uses the radiation source; or

disposes of the radiation source; or

inspects and assesses the safety of the radiation source to ensure compliance with this Act; or

for radioactive material—stores, packs or transports the material.

Note Dispose of and use are defined in the dictionary.

For subsection (1) (b), a person does not possess a radiation source only because, as part of a diagnostic or therapeutic procedure—

the person, or an animal kept by the person, has been injected with radioactive material; or

radioactive material has been administered to or implanted in the person or animal in any other way.

Part 3 Radiation safety

Division 3.1 Safety duties

A person who deals with a regulated radiation source must take all reasonable steps to ensure that no harm results to the health or safety of people or to property or the environment from radiation emitted from the radiation source.

Note 1 A failure to comply with this section may be an offence (see s 53).

Note 2 For the meaning of deal with a radiation source, see s 11.

This section applies to a person who deals with a regulated radiation source.

The person must take all reasonable steps to ensure that, if anyone (including the person) receives a dose of radiation, the dose must not result in that person receiving doses of radiation during a period that, when added together, are higher than the dose limit for the period.

This section does not apply to a dose received by a person from the carrying out of a diagnostic or therapeutic procedure involving the irradiation of the person at the request of a health practitioner.

Note 1 A failure to comply with this section may be an offence (see s 53).

Note 2 For the meaning of deal with a radiation source, see s 11.