Radiation Protection and Control Act 2021

Proper cause exists for the suspension or cancellation of an accreditation or authorisation if the Minister is satisfied that—

the accreditation or authorisation was improperly obtained; or

the holder of the accreditation or authorisation has contravened, or failed to comply with, a condition of the accreditation or authorisation; or

the holder of the accreditation or authorisation has been found guilty of an offence against this Act, the repealed Act or a corresponding law; or

the holder of the accreditation or authorisation has been found guilty of an offence involving dishonesty or violence; or

the holder of the accreditation or authorisation has been found guilty of an offence against a prescribed Act or an offence of a prescribed kind; or

the holder of the accreditation or authorisation is for any other reason no longer a fit and proper person to hold the accreditation or authorisation; or

in the case of an accreditation—the holder of the accreditation—

has ceased to hold a qualification on the basis of which the Minister granted the accreditation; or

has not acted competently or appropriately in undertaking activities under the accreditation; or

in the case of an authorisation—the holder of the authorisation—

has ceased to hold a qualification on the basis of which the Minister granted the authorisation; or

has ceased to work in a capacity for which the authorisation is required; or

the holder of the accreditation or authorisation has, on at least 2 occasions, made decisions that have compromised the security of a radiation source; or

in the case of an accreditation or authorisation relating to a security enhanced radioactive source—the holder of the accreditation or authorisation has failed to pass a security background check; or

events have occurred or circumstances have changed such that the holder of the accreditation or authorisation would not be entitled to be granted that accreditation or authorisation if an application were now to be made; or

the security of a radiation source, the environment, or the health or safety of the public, may be put at risk unless the accreditation or authorisation is suspended or cancelled.

Proper cause exists for the suspension or cancellation of a radiation use licence—

in the case of a licence held by a health practitioner—if the health practitioner's accreditation, licence, registration or other authority under the Health Practitioner Regulation National Law (South Australia) or other Act regulating the health practitioner's right to provide health services is suspended or cancelled, or conditions are placed on the health practitioner's accreditation, licence, registration or other authority limiting the health practitioner's right to provide health services; or

in the case of a person (other than a health practitioner) who operates radiation apparatus in the course of the person's professional practice—if the person's accreditation, licence, registration or other authority under an Act regulating the person's right to practice is suspended or cancelled, or conditions are placed on the person's accreditation, licence, registration or other authority limiting the person's right to practice.

If proper cause exists for the suspension or cancellation of an accreditation or authorisation, the Minister may, by notice given in the prescribed manner to the holder of the accreditation or authorisation—

suspend the accreditation or authorisation for a specified period or until the Minister terminates the suspension; or

cancel the accreditation or authorisation.

A notice of suspension or cancellation under subsection (3) must specify the time at which the suspension or cancellation will take effect.

An accreditation or authorisation that is cancelled under this section ceases to have any force or effect when the cancellation takes effect.

An accreditation or authorisation that is suspended under this section has no force or effect during the period of the suspension.

If an accreditation or authorisation is suspended, it may be renewed but remains subject to suspension until the expiration of the period of suspension.

If an authorisation is suspended, the Minister may give such directions in relation to—

the use or occupation of any premises and the use, handling or storage of the unsealed radioactive material; or

the operation, use or storage of the sealed radioactive source or radiation apparatus, during the period of the suspension as the Minister considers appropriate.

If an authorisation is cancelled, the Minister may—

in relation to any relevant premises, give such directions as the Minister considers appropriate in relation to the use or occupation of the premises and the disposal of the unsealed radioactive material; or

in the case of a sealed radioactive source or radiation apparatus—

give such directions as the Minister considers appropriate in relation to the disposal of the source or apparatus; or

by notice given in the prescribed manner to the owner of the source or apparatus, forfeit the source or apparatus to the Crown.

If the Minister forfeits a sealed radioactive source or radiation apparatus under subsection (9)(b)(ii), the source or apparatus may be seized by an authorised officer and disposed of as the Minister directs.

If the Minister disposes of a sealed radioactive source or radiation apparatus under subsection (10), the Minister may recover any reasonable costs incurred by the Minister in doing so from the former owner of the source or apparatus as a debt due to the Minister.

The person in whose name any premises, sealed radioactive source or radiation apparatus was licensed or registered must not contravene a direction given by the Minister under subsection (8) or (9). Maximum penalty: Maximum penalty: $50 000.

If the Minister suspends or cancels an accreditation or authorisation under this section, the Minister must advise the Committee of that fact.