Section 4 — Old RAC abolished — Radiation Act 2005 (Victoria) — Barrister AI

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Section 4 — Old RAC abolished — Radiation Act 2005 (Victoria) — Barrister AI

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s 1Purpose s 2Commencement s 3Definitions s 3AActivity ratios for sealed sources s 4Declarations that certain materials and apparatuses are not radiation sources s 5Tabling and disallowance of declarations under section 4 s 6Crown to be bound s 7The Radiation Protection Principle s 8Interpretation that promotes the Radiation Protection Principle to be preferred s 9Functions of the Secretary s 10General powers of the Secretary s 11Secretary must have regard to the Radiation Protection Principle and NDRP s 12Conduct of radiation practice prohibited unless licensed s 13Use of a radiation source prohibited unless licensed s 14Construction of radiation facilities prohibited in certain cases s 15Licence holders must comply with conditions of licence s 16Exemptions from holding a licence s 16AExemption from transport security plan requirements s 17Persons must not falsely represent that they are licence holders s 18Offence to allow persons who do not hold a use licence to use a radiation source s 19Offence to allow a use licence holder to use a radiation source in a manner not permitted by licence s 20Secretary to be notified of loss or theft of radiation source s 21Offence to abandon radiation source s 22Offences to cause another person to receive a higher radiation dose than is prescribed s 23Offences to cause serious harm to the environment s 23AOffence to permit use of high consequence sealed sources by unverified person s 23BOffence to permit transport of high consequence sealed sources by unverified person s 23COffence to permit access to high consequence sealed sources by unverified person s 23DOffence to conduct a commercial tanning practice s 24Definitions s 25Role of approved testers s 26Approved testers must comply with conditions of tester's approval s 27Only approved testers who hold testers' approvals that are in force may issue certificates of compliance s 28Offence to impersonate approved tester s 29Secretary may specify radiation safety standards s 30Secretary may specify radiation safety tests s 31Standards and tests specified by Secretary may incorporate documents and other material s 32Testing in accordance with specified radiation safety tests s 33Certificates of compliance s 34Approved testers to provide certificate information to Secretary s 35Approved tester must not knowingly issue a certificate of compliance that is false s 36Use of prescribed radiation sources prohibited unless there is a certificate of compliance s 36ARole of approved assessors of security plans and transport security plans s 36BApproved assessor must comply with conditions of assessor's approval s 36COnly approved assessors who hold assessor's approvals that are in force may issue security compliance certificates s 36DOffence to impersonate approved assessor s 36EApproved assessor must not knowingly issue a security compliance certificate that is false s 37Who may apply for an authority?s 38Form of application s 39Further information for management licence applications s 40Further information for use licence applications s 41Further information for facility construction licence applications s 42Further information for a tester's approval application s 42AFurther information for an assessor's approval s 43Consideration of application for and issue of authority s 44Further considerations in relation to use licence applications s 45Requests for certain information from a relevant health practitioner board about an applicant s 46Further considerations in relation to a tester's approval application s 47Conditions of authority s 48Period and date of expiry of authority s 49When authority takes effect s 50Content of authority s 51Application for renewal of authority s 52Consideration of application for and issue of renewal of authority s 53Period and date of expiry of renewed authority s 54Conditions of renewed authority s 55Content of renewed authority s 56Suspension or cancellation of authority s 57Show cause notice s 58Representations about show cause notices s 59Ending show cause process without further action s 60Suspension or cancellation s 61Return of cancelled authority to Secretary s 62Immediate suspension of authority in urgent circumstances s 63Effect of suspension on authorities s 64Transfer of management licence or facility construction licence s 65Variation of authority by Secretary on his or her own initiative s 66Variation of authority by Secretary on application of authority holder s 67Surrender of authority s 67AGuidelines on evidence as to identity s 67BCertain management licence applicants must prepare and submit plan for approval s 67CContents of security plan s 67DManagement licence holders who possess high consequence sealed sources must have approved security plans s 67EApproved security plan to be provided to Secretary s 67FReview of approved security plans s 67GTransport security plan s 67HContents of transport security plan s 67IReview of transport security plan s 67JOffence to transport high consequence sealed source without transport security plan s 67KReview and approval of security plan or transport security plan s 67LApproved assessor to provide certificate information to Secretary s 67MOffence to fail to comply with security plan or transport security plan s 67NSecretary may specify security standards for high consequence sealed sources and high consequence groups of sealed sources s 67ONotification of change to security standard involving changes to security measures s 68Definitions s 69Appointment s 70Authorised officer's identity card s 71Production of identity card s 72Authorised officers must cease exercising powers if they do not produce identity card on request s 73Authorised officers subject to Secretary's direction s 74Power to enter places s 75Procedure for entry without consent s 76Procedure for entry with consent s 77General powers of authorised officers s 78Power to direct persons to produce documents, operate equipment, answer questions etc.s 79Issue of search warrants s 80Announcement before entry on warrant s 81Copy of warrant to be given to occupier s 82Authorised officers to give receipts for seized things and samples taken s 83Copies of seized documents s 84Retention and return of seized documents or things s 85Magistrates' Court may extend 3 month period s 86Forfeiture and destruction of seized things s 87Secretary may cause forfeited things to be destroyed or otherwise disposed of s 88Examination, analysis, measurement or testing of things seized or samples taken s 89Examination, analysis, measurement or testing of things, or testing for emissions of radiation, at a place s 90Certificates must indicate methodology used s 90ASecretary may issue improvement notice or prohibition notice s 90BPerson must comply with improvement notice or prohibition notice s 90CProceedings for offences affected by notices s 90DPower to accept an enforceable undertaking s 90EAmendment or withdrawal of enforceable undertaking s 90FNo criminal proceeding if enforceable undertaking is complied with s 90GNo criminal proceeding while enforceable undertaking is in force s 90HCriminal proceeding if enforceable undertaking is withdrawn s 90IEnforcement of enforceable undertaking by Magistrates' Court s 90JEnforcement of enforceable undertaking order by Secretary s 90KPower to give information or document production notice s 90LOffence to contravene information or document production notice s 90MProtection against self‐incrimination s 90NAdmissibility of document produced under information or document production notice s 91Offence to impersonate an authorised officer s 92Definition s 93Secretary to give authorisation for exercise of emergency powers s 94How may an authorisation be given?s 95Extension of period of time authorisation is in force s 96What is authorised?s 97Authorised officers to display identity cards at all times when exercising emergency powers s 98Use of reasonable and necessary force s 99Compensation s 100Definitions s 101Review s 102VCAT review of certain decisions of Secretary s 103Radiation Advisory Committee s 104Membership s 105Acting appointments s 106Proceedings of the Committee s 107Function of the Committee s 108Consultation in carrying out its function s 109Assistance s 110Annual reports s 111Minister to lay annual reports before Houses of Parliament s 112Appointment of radiation analysts s 113Radiation analyst's terms and conditions s 114Functions of radiation analysts s 115Tampering with radiation sources sealed by authorised officers s 116False and misleading information s 117Offence to hinder or obstruct an authorised officer s 118Definition s 119Power to serve a notice s 121Infringement penalties s 127Self-incrimination s 128Offences by corporations s 129Time within which proceedings for offences may be brought s 130Evidence of signatures s 131Evidentiary certificates s 132Orders for compensation and the recovery of certain costs immediately after a finding of guilt s 133Cost recovery by Secretary in certain cases where persons do not comply with a direction s 134Annual report s 135Secretary to notify CEO of ARPANSA of prescribed radiation incidents s 136Disclosure of information to other agencies s 137Secretary and authorised officers need not be licensed to exercise powers or perform duties s 137AService of notices, orders and other documents s 138Register s 139Regulations s 146Continued operation of Health (Radiation Safety) Regulations 1994 until repeal of Health Act provisions s 147Other savings and transitional matters s 148Radiation Amendment Act 2013—transitional provision—security plans and transport security plans s 149Radiation Amendment Act 2013—transitional provision—commercial tanning units s 1Definitions s 2General transitional provision s 3Savings and transitional regulations s 4Old RAC abolished s 5The old RAC members become members of new RAC s 6Matters and things commenced by old RAC but not completed before its abolition s 7Annual report s 8Operator licences converted to use licences s 9Other licences converted to management licences s 10Certain registrations converted to management licences s 11Secretary may consolidate two or more management licences s 12Pending licence and registration application decisions at the time of the commencement of this Act s 13Certain references in Acts, instruments and other documents to be reconstrued

Section Whole Act

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4

Old RAC abolished

In force

4 Old RAC abolished

On the commencement day, the old RAC is abolished and its members go out of office as members.

This Act’s bill:Explanatory memorandum Second reading speech

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