Duty of licensee to give notification of dangerous event
15 Duty of licensee to give notification of dangerous event
(1) This section applies if, under a licence, the licensee possesses a radiation source for a radiation practice and any of the following events (a dangerous event) happens:
the source is, or appears to have been, lost or stolen;
(b) there is a radiation incident in relation to the source for which there are no remediation procedures stated in the licensee's approved radiation protection plan for the practice being carried out with the source at the time;
(c) equipment that uses, measures or controls radiation emitted from the source malfunctions with the result or likely result that:
there is or will be an unintended emission of the radiation; or
a person is or will be unintentionally exposed to the radiation.
(2) The licensee must give the Chief Health Officer notice, as required under subsections (3) and (4), of the dangerous event unless the licensee has a reasonable excuse.
Maximum penalty: If the offender is a natural person – 1 000 penalty units.
If the offender is a body corporate – 5 000 penalty units.
The notice must:
be given immediately, orally or in writing; and
(b) state enough particulars to identify the source and, if known, its location.
(4) If the notice is given orally, the licensee must give the Chief Health Officer a written notice confirming the oral notice within 7 days after the dangerous event happens.
In this section:
radiation incident means an incident adversely affecting, or likely to adversely affect, the health or safety of any person because of the emission of radiation.
remediation procedures, for a radiation incident, means procedures designed to minimise the radiation hazard arising from the incident.
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