Section 92 — Definition — Radiation Act 2005 (Victoria) — Barrister AI

Latest Cases Case Lookup LegislationBeta Notebook Research Briefs

All legislation

VICAct

In force

Official source Save

This is the latest official compilation.Check the official source →

Ask a question about this ActPro

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

Back133 / 195Forward

92

Definition

In force

92 Definition

In this Part—

radiation event means an incident or event which results, or may result, in the emission of radiation from a radiation source.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 91Offence to impersonate an authorised officer Nexts 93Secretary to give authorisation for exercise of emergency powers

Section 92 — Definition — Radiation Act 2005 (Victoria) — Barrister AI