Radiation Safety Act 1999

This Act may be cited as the Radiation Safety Act 1999.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons, including the State.

Nothing in this Act makes the State liable to be prosecuted for an offence.

The main object of this Act is to protect persons and the environment from the harmful effects of particular sources of ionising radiation and harmful non-ionising radiation.

The object is to be achieved mainly by—

establishing a licensing regime to regulate—

the possession and use of radiation sources; and

the transportation of radioactive substances; and

establishing a legislative framework to ensure radiation sources and the premises at which they are used, and the premises at which radioactive substances are stored, comply with radiation safety standards; and

imposing restrictions on—

the acquisition and relocation of radiation sources; and

the disposal of radiation apparatus and radioactive material; and

requiring a person who possesses a radiation source for a radiation practice to have an approved radiation safety and protection plan for the practice; and

requiring a person who possesses a security enhanced source to have an approved security plan for the source; and

requiring a person to have an approved transport security plan for the transport of a security enhanced source; and

ensuring the health and safety of any person are, or the environment is, not adversely affected by the carrying out of radiation practices with radiation sources; and

establishing a legislative framework within which compliance monitoring, and investigative and enforcement activities, may be undertaken; and

establishing the Radiation Advisory Council.

The principles intended to guide the achievement of this Act’s main object (the radiation safety, protection and security principles) are the following—

People should be protected from unnecessary exposure to ionising radiation through the processes of justification, limitation and optimisation.

• Justification

Justification involves assessing whether more good than harm results from a radiation practice.

• Limitation

Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable.

• Optimisation

Optimisation involves minimising health risks to any person, with the broad objective that the degree of exposure to radiation, number of persons exposed and likelihood of exposure be kept as low as reasonably achievable, having regard to economic and social factors.

People should be protected from unnecessary exposure to harmful non-ionising radiation through the processes of specifying emission or absorption standards, limitation and avoidance.

• Specifying emission or absorption standards

Specifying emission or absorption standards involves deciding thresholds above which exposure to radiation may result in unacceptable health risks to any person.

• Limitation

Limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person exposed to radiation are below levels considered unacceptable.

• Avoidance

Avoidance involves minimising, as far as practicable, exposures to radiation.

People should be protected from unnecessary exposure to radiation resulting from a malevolent event by ensuring that radiation sources are safely managed and securely protected at all times, including after the end of their useful life.

In interpreting a provision of this Act, a construction that would promote radiation safety, protection and security principles is to be preferred to a construction that would not promote radiation safety, protection and security principles.

The dictionary in schedule 2 defines particular words used in this Act.

For this Act, a possession licensee who allows another person to carry out a radiation practice with a radiation source in compliance with the licensee’s approved radiation safety and protection plan for the practice is taken to remain in possession of the source while the other person has the source for the purpose of the practice.

For subsection (1), a reference to a radiation source or radiation practice is a reference to the source or practice to which the licence relates.

Also, for this Act, a possession licensee who allows another person to transport a radioactive substance to which the licence relates is taken to remain in possession of the substance while the other person has the substance for the purpose of the transportation.

Use a radiation source, means actual use by an individual of radiation emitted from the source, and includes, for a radiation source that is a radioactive substance, administer the substance to, or inject or implant the substance into, an animal or person.

Use, in relation to the carrying out of a radiation practice with a radiation source, means actual use by an individual of radiation emitted from the source to carry out the practice.

For subsections (1) and (2), it is immaterial whether the individual is using the radiation in the capacity of an agent or employee.

Carry out, in relation to a radiation practice, means the actual performance of the practice by an individual.

For subsection (1), it is immaterial whether the individual is carrying out the practice in the capacity of an agent or employee.

Radiation practice means an activity in relation to a radiation source that may result, whether or not intentionally, in exposing anyone to radiation, but does not include the transport of a radioactive substance.

To remove doubt, it is declared that the storing of a radioactive substance is a radiation practice.

A person must not possess a radiation source, unless the person is allowed to possess it under a possession licence.

Maximum penalty—

for a radiation source that is not a security enhanced source—1,000 penalty units; or

for a security enhanced source—2,500 penalty units.

Editor’s note—

Part 7 states the requirements to be complied with to obtain a possession licence and other types of licences.

For subsection (1), a person is not in possession of a radiation source merely because the person is being allowed by a possession licensee for the source—

to carry out a radiation practice, to which the licence relates, with the source in compliance with the licensee’s approved radiation safety and protection plan for the practice; or

if the source is a radioactive substance—to transport the substance.

Also, for subsection (1), a person is not in possession of a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.