Radiation Act 2005

The Governor in Council may make regulations for or with respect to—

the matters or things contained in the NDRP;

the prescription of a facility as a radiation facility;

requiring authority holders and persons who were authority holders to keep information or records specified by the regulations—

in a specified manner or form specified by the regulations; and

for periods of time specified by the regulations;

requiring authority holders and persons who were authority holders to give information or records specified by the regulations to the Secretary;

requiring a management licence holder to keep records of—

the names of the persons whose identity the licence holder has verified for the purpose of section 23A, 23B or 23C; and

the identification documents used for that purpose;

radiation dose limits that may be received by a person;

regulating the transportation and storage of radiation sources;

regulating the securing and sealing of radiation sources;

regulating the disposal and destruction of radiation sources;

regulating the personal monitoring of persons exposed or likely to be exposed to radiation emitted from a radiation source;

regulating the supply and use of personal monitoring devices;

giving the Secretary access to records relating to personal monitoring or exposure to radiation emitted from a radiation source;

the examination, testing, analysis, maintenance, repair and labelling of radiation sources;

regulating the supply of protective clothing or equipment or the use of protective clothing or equipment in the vicinity of a radiation source;

regulating the use of radiation sources or exposure to radiation emitted from radiation sources;

prescribing action to be taken in circumstances where—

a person has been subject to an excessive dose of radiation emitted from a radiation source;

there has been contamination of a place by the emission of radiation from a radiation source;

generally protecting persons from the effects caused by or relating to radiation emitted from a radiation source, including—

safeguarding the health of persons at a place, or in the vicinity of a place, where there is a radiation source;

requiring special facilities, equipment and radiation safety precautions to be adopted or implemented at a place where there is a radiation source;

regulating the use of equipment that is ancillary to a radiation source;

radiation safety officers, including their appointment, functions, duties and qualifications;

the surrender or delivery to the Secretary of a radiation source and the circumstances of that surrender or delivery;

information to be given to the Secretary about radiation incidents;

the date of expiry of certificates of compliance;

the imposition of duties on approved testers;

fees for the purposes of this Act and the refund or waiver of such fees;

any matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.

The regulations may—

be of general or of limited application; and

differ according to differences in time, place or circumstance; and

apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification, or method, formulated, issued, prescribed or published by any person whether—

wholly or partially or as amended by the regulations; or

as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

as formulated, issued, prescribed or published from time to time; and

confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

provide in a specified case or class of case for the exemption of persons or things from any of the provisions of this Act or the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and

if this section authorises or requires regulations that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing;

impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

specific fees;

the payment of fees either generally or under specified conditions or in specified circumstances;

the reduction, waiver or refund, in whole or in part, of the fees.

A fee imposed by the regulations in relation to the issue or renewal of an authority may be more than the amount that is related to the cost of providing a service in relation to the issue or renewal of the authority.

If under subsection (3)(c) regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically—

in respect of certain authorities or classes of authorities; or

when an event happens; or

in respect of certain persons or classes of persons; or

in respect of any combination of such authorities, events or persons—