1Short title
This Act may be cited as the Radiation Protection Act 2004.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Radiation Protection Act 2004.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The objects of this Act are to:
(a) ensure the health and safety of people by protecting them from harmful effects of radiation; and
protect the environment from harmful effects of radiation.
In this Act, unless the contrary intention appears:
accepted representations has the meaning in section 37(2).
approved form means a form approved under section 87.
approved radiation protection plan, for a radiation practice, means a radiation protection plan approved by the Chief Health Officer for the practice, and includes the plan as changed in accordance with conditions of the licence to which the practice relates.
authorised officer means a person holding office as an authorised officer under an appointment under section 48(1).
authority means a licence, certificate of registration or certificate of accreditation.
carry out, a radiation practice, means the actual performance of the practice by a natural person.
certificate of accreditation means a certificate of accreditation issued under section 27 authorising the holder to carry out work on a radiation source.
certificate of compliance, for a radiation source or radiation place, means a certificate of compliance issued under section 20 by the holder of a certificate of accreditation authorised to issue it for the source or place.
certificate of registration means a certificate of registration issued under section 27 for the registration of a radiation source or place where a radiation source is used or stored.
code of practice means a code of practice approved under section 55.
contravene includes fail to comply with.
dose, of radiation, means the measure of radiation received by a person or thing.
dose limit means the maximum dose of radiation a person may receive during a particular period.
enter, a place, includes to board the place.
environment means land, air, water, organisms and ecosystems, and includes:
the well-being of humans;
structures made or modified by humans;
the amenity values of an area; and
economic, cultural and social conditions.
executive officer, of a body corporate, means a person who is concerned with, or takes part in, the management of the body corporate, (whether or not the person is a director or the person's position is given the name of executive officer), and includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth or a State or Territory.
false or misleading includes false or misleading because of the omission of a statement.
guidelines means guidelines issued under section 54.
ionising radiation has the meaning in section 5(2).
licence means a licence issued under section 27 authorising the holder to manufacture, sell, acquire, possess, use, store, transport, dispose of or otherwise deal with a radiation source.
mining site, for Part 3A, see section 47A.
non-ionising radiation has the meaning in section 5(3).
occupier, of a place:
means:
the person in occupation or control of the place; or
(ii) if the place has different parts occupied or controlled by different persons – the person in occupation or control of the part concerned; and
(b) for Part 5 – includes a person who reasonably appears to be an occupier of the place.
operator, for Part 3A, see section 47A.
personal radiation exposure record, for Part 3A, see section 47A.
place includes vacant land, premises and a vehicle.
possess, for a radiation source, includes having the source under control in any place, whether or not another person has the custody of the source.
premises includes:
a building or structure;
a part of a building or structure; and
land on which a building or structure is situated.
radiation has the meaning in section 5(1).
radiation apparatus has the meaning in section 6(4).
radiation exposure information, for Part 3A, see section 47A.
radiation place means a place at which a radiation source is or is to be used to carry out a radiation practice.
radiation practice means an activity relating to a radiation source that may result, whether or not intentionally, in exposing a person, animal or thing to radiation.
radiation protection measures means measures for preventing or minimising health risks to any person arising from exposure to radiation from the carrying out of a radiation practice.
radiation protection plan means a plan containing the information prescribed by the Regulations for the radiation practice for which a licensee is authorised to possess a radiation source under the licence.
radiation source has the meaning in section 6(1) and (2).
radiation worker, for Part 3A, see section 47A.
radioactive material has the meaning in section 6(3).
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
Regulations means the Regulations made under this Act.
review notice, for a decision of the Chief Health Officer, means a written notice stating the following:
the decision;
the reasons for the decision;
(c) the person given the notice may apply for a review of the decision to the Local Court within 28 days after receipt of the notice.
sealed source means radioactive material that is permanently sealed in a capsule, or closely bound and in a solid form, in a way that the sealing of the capsule or binding of the material is strong enough to maintain leak tightness under the conditions of use and wear for which the source is designed and for foreseeable mishaps.
sell includes:
auction, exchange or supply;
keep, expose, supply or receive for sale;
send or deliver for sale;
dispose of by hire or lease;
offer or attempt to sell; and
cause or permit to be sold.
show cause notice means a notice given under section 36.
this Act includes the Regulations and codes of practice.
treated person has the meaning in section 13(1).
unsealed source means a radiation source other than a sealed source.
use, for a radiation source, means actual use by a natural person of radiation emitted from the source, and includes, for a radiation source that is radioactive material, the administration to, or injection or implantation of the material into, a person or animal.
vehicle means anything used for carrying anything or any person by land, water or air.
work, on a radiation source, includes install, test, repair, service and decommission the source.
Radiation is ionising radiation or non-ionising radiation.
(2) Ionising radiation is electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.
(3) Non-ionising radiation is electromagnetic radiation of a wavelength greater than 100 nanometres.
A radiation source is:
a thing that may emit ionising radiation; or
(b) a thing prescribed by the Regulations that may emit non-ionising radiation.
(2) A radiation source can be radioactive material or a radiation apparatus.
Radioactive material is material that:
(a) spontaneously emits ionising radiation as a consequence of nuclear transformations; and
(b) has or exceeds the activity or activity concentration prescribed by the Regulations.
A radiation apparatus is an apparatus that:
produces radiation when energised; or
(b) is, if assembled or repaired, capable of producing radiation when energised.
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
This Act does not apply to radioactive material prescribed by the
Regulations if its radioactivity does not exceed the maximum amount prescribed for it in the Regulations.
Subject to subsection (2), section 11 and Part 3A, this Act does not apply to the following activities:
a mining activity under the Environment Protection Act 2019 in relation to uranium ores or uranium oxide (U3O8);
the possession, package, storage or transport, under the
Radioactive Ores and Concentrates (Packaging and Transport) Act 1980, of uranium ores or uranium oxide (U3O8).
Parts 4, 5, 6, 7 and 8 of this Act apply in relation to the activities mentioned in subsection (1) for the administration of section 11 and Part 3A.
(1) The Chief Health Officer may, by notice in the Gazette, exempt a person, radiation source or place from this Act or a provision of this Act.
(2) The exemption must not be one that could reasonably be expected to pose any, or a more than negligible, threat to the health or safety of persons or threat of harm to the environment.
The exemption may be given on conditions stated in the notice.
A person must not contravene a condition of the exemption.
Maximum penalty: If the offender is a natural person – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(1) A person who manufactures, possesses, uses, stores, transports, disposes of or otherwise deals with a radiation source must take all measures that are reasonable and practicable to ensure the manufacture, possession, use, storage, transport, disposal or other dealing does not result in harm to the health or safety of persons or the environment caused by radiation emitted from the source.
Maximum penalty: If the offender is a natural person – 500 penalty units.
If the offender is a body corporate – 2 500 penalty units.
(2) Subsection (1) applies to the manufacture, possession, use, storage, transport, disposal or other dealing with a radiation source for carrying out the activities mentioned in section 9.
Subsection (1) has effect subject to section 13.
A person must not manufacture, sell, acquire, possess, use, store, transport, dispose of or otherwise deal with a radiation source other than in accordance with a licence authorising the person to do so.
Maximum penalty: If the offender is a natural person –
1 000 penalty units.
If the offender is a body corporate – 5 000 penalty units.
For subsection (1), a person is not in possession of radiation material merely because the person, or an animal kept by the person, has been injected with the material, or the material has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.
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