Definitions
13 Definitions
In this Act, unless the contrary intention appears:
annual charge means charge imposed by the Licence Charges Act.
CEO or Chief Executive Officer means the CEO referred to in section 14.
Commonwealth contractor means a person (other than a Commonwealth entity) who is a party to a contract with a Commonwealth entity.
Section 11 limits the circumstances in which the provisions of this Act apply to Commonwealth contractors.
Commonwealth entity means any of the following:
the Commonwealth;
a body corporate established for a public purpose by or under an Act;
a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:
the Commonwealth;
a body covered by paragraph (b);
an employee of a person or body covered by any of the above paragraphs.
controlled apparatus means any of the following:
an apparatus that produces ionizing radiation when energised or that would, if assembled or repaired, be capable of producing ionizing radiation when energised;
an apparatus that produces ionizing radiation because it contains radioactive material;
an apparatus prescribed by the regulations that produces harmful non‑ionizing radiation when energised.
controlled facility means:
a nuclear installation; or
a prescribed radiation facility; or
a prescribed legacy site.
controlled material means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour, which emits ionizing radiation spontaneously.
controlled person means any of the following:
a Commonwealth entity;
a Commonwealth contractor;
a person in the capacity of an employee of a Commonwealth contractor;
a person in a prescribed Commonwealth place.
Council means the Radiation Health and Safety Advisory Council established by section 19.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
deal with, in relation to a controlled apparatus or controlled material, means any of the following:
possess, or have control of, the apparatus or material;
use or operate the apparatus, or use the material;
dispose of the apparatus or material.
evidential material means any of the following:
any thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;
any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence;
any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
facility licence means a licence issued under section 32.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
improvement notice: see subsection 80A(2).
inspector means a person appointed as an inspector under section 62.
ionizing radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.
licence means a source licence or a facility licence.
Licence Charges Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.
modifications includes omissions, additions and substitutions.
non‑ionizing radiation means electromagnetic radiation of a wavelength greater than 100 nanometres.
nuclear installation means any of the following:
a nuclear reactor for research or production of radioactive materials for industrial or medical use (including critical and sub‑critical assemblies);
a plant for preparing or storing fuel for use in a nuclear reactor as described in paragraph (a);
a radioactive waste storage or disposal facility with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section;
a facility for production of radioisotopes with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section;
a plant for storing spent fuel that has been used in a nuclear reactor as described in paragraph (a).
occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.
permitted person: see section 11A.
Section 11A limits the circumstances in which the provisions of this Act apply to a permitted person.
person covered by a licence means:
a controlled person who is authorised under the licence to deal with a controlled apparatus or controlled material or to undertake an activity in relation to a controlled facility; or
a permitted person in relation to the licence.
premises includes the following:
a structure, building, aircraft, vehicle or vessel;
a place (whether enclosed or built on or not);
a part of a thing referred to in paragraph (a) or (b).
prescribed Commonwealth place means a place that is referred to in paragraph 52(i) of the Constitution and is prescribed by the regulations for the purposes of this definition.
prescribed legacy site means a place (whether enclosed or built on or not) that is prescribed by the regulations for the purposes of this definition.
prescribed radiation facility means a facility or installation that is prescribed by the regulations for the purposes of this definition.
radiation means ionizing radiation or non‑ionizing radiation.
radiation control officer means a person who:
holds a senior position in a regulatory body of a State or Territory; and
is responsible for matters relating to radiation protection or nuclear safety.
remediate, in relation to a prescribed legacy site, means to apply measures to the site to reduce the exposure of people or the environment to radiation from contamination of the site with radioactive material.
seize includes secure against interference.
source licence means a licence issued under section 33.
thing includes a substance, and a thing in electronic or magnetic form.
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