Australian Radiation Protection and Nuclear Safety Act 1998

This Act applies to a Commonwealth contractor, in respect of conduct referred to in subsection 30(1) that is engaged in by the Commonwealth contractor, only if, and in so far as, the conduct is engaged in:

for or on behalf of a Commonwealth entity; and

under or for the purposes of a contract with the Commonwealth entity.

This Act applies to a Commonwealth contractor, in respect of a dealing by the Commonwealth contractor with controlled material or controlled apparatus, only if, and in so far as:

the dealing is for or on behalf of a Commonwealth entity; and

the dealing is under or for the purposes of a contract with the Commonwealth entity; and

the controlled material or controlled apparatus is owned or controlled by the Commonwealth entity.

A private airline company leases premises on land owned by the Commonwealth, and deals with controlled material on behalf of a client that is not a Commonwealth entity. The airline company is not covered by the Act in respect of that dealing.

If conduct of, or a dealing by, a person in the person’s capacity as a Commonwealth contractor is not covered by subsection (1) or (2), then:

that does not prevent this Act from applying in respect of the conduct or dealing in the person’s capacity as a permitted person under section 11A; and

in applying that section to the conduct or dealing, the person is not to be taken to be a controlled person (and therefore excluded from the scope of that section) merely because the person is a Commonwealth contractor.