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The purpose of this Act is to protect the health and safety of persons and the environment from the harmful effects of radiation.
Section 1, section 146 and this section come into operation on the day after the day on which this Act receives the Royal Assent.
The remaining provisions of this Act come into operation on 1 September 2007.
In this Act—
S. 3(1) def. of activity ratio inserted by No. 59/2013 s. 4(1).
activity ratio, for a sealed source, means the ratio determined in accordance with section 3A;
S. 3(1) def. of approved assessor inserted by No. 59/2013 s. 4(1).
approved assessor means a person who holds an assessor's approval;
S. 3(1) def. of approved security plan inserted by No. 59/2013 s. 4(1).
approved security plan means a security plan for which an approved assessor has issued a security compliance certificate under section 67K;
approved tester means a person who holds a tester's approval;
S. 3(1) def. of approved transport security plan inserted by No. 59/2013 s. 4(1).
approved transport security plan means a transport security plan for which an approved assessor has issued a security compliance certificate under section 67K;
S. 3(1) def. of assessor's approval inserted by No. 59/2013 s. 4(1).
assessor's approval means an approval issued under Part 5A;
authorised officer means a person appointed under section 69;
authority means—
a facility construction licence;
a management licence;
a use licence;
a tester's approval;
authority holder means a licence holder or approved tester;
S. 3(1) def. of category 1 group of sealed sources inserted by No. 59/2013 s. 4(1).
category 1 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of greater than or equal to 1000;
S. 3(1) def. of category 1 sealed source inserted by No. 59/2013 s. 4(1).
category 1 sealed source means a sealed source that has an activity ratio of greater than or equal to 1000;
S. 3(1) def. of category 2 group of sealed sources inserted by No. 59/2013 s. 4(1).
category 2 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 1000 but greater than or equal to 10;
S. 3(1) def. of category 2 sealed source inserted by No. 59/2013 s. 4(1).
category 2 sealed source means a sealed source that has an activity ratio of less than 1000 but greater than or equal to 10;
S. 3(1) def. of category 3 group of sealed sources inserted by No. 59/2013 s. 4(1).
category 3 group of sealed sources means 2 or more sealed sources that when kept at the same place and secured in the same way at that place, or when transported in the same vehicle, have an aggregate activity ratio of less than 10 but greater than or equal to 1;
S. 3(1) def. of category 3 sealed source inserted by No. 59/2013 s. 4(1).
category 3 sealed source means a sealed source that has an activity ratio of less than 10 but greater than or equal to 1;
certificate of compliance means a certificate issued under section 33(1);
certificate of examination and analysis means a certificate completed in accordance with section 88 or 89;
clean up includes any measures—
to remove, destroy or otherwise dispose of any radiation source; and
to restore a place to a state as close as practicable to the state it was in immediately before the emission of radiation from a radiation source; and
to assess the nature and extent of the damage and risk caused by any emission of radiation from a radiation source; and
to take any measurement, recording or sample or to prepare any report, plan, drawing or other document, or to make any inspection, calculation, test or analysis relating to the emission of radiation from a radiation source; and
to retain any consultant, contractor, expert, agency or person for the purpose of taking any clean up measures referred to in paragraphs (a) to (d); and
to determine the most appropriate action to take in relation to the measures set out in paragraphs (a) to (e);
Committee means the Radiation Advisory Committee established under section 103;
S. 3(1) def. of Department amended by No. 29/2010 s. 67(a).
Department means the Department of Health;
S. 3(1) def. of enforceable undertaking inserted by No. 39/2024 s. 106.
enforceable undertaking means an undertaking given by a person under section 90D;
S. 3(1) def. of enforceable undertaking order inserted by No. 39/2024 s. 106.
enforceable undertaking order means an order made by the Magistrates' Court under section 90I;
S. 3(1) def. of facility construction licence amended by No. 59/2013 s. 4(2).
facility construction licence means a licence issued under Part 6 allowing the licence holder to construct a radiation facility or to change the use of land or an existing building to that of a radiation facility;
facility construction licence holder means a person who holds a facility construction licence;
S. 3(1) def. of high consequence group of sealed sources inserted by No. 59/2013 s. 4(1).
high consequence group of sealed sources means a category 1 group of sealed sources, a category 2 group of sealed sources or a category 3 group of sealed sources;
S. 3(1) def. of high consequence sealed source inserted by No. 59/2013 s. 4(1).
high consequence sealed source means a category 1 sealed source, a category 2 sealed source or a category 3 sealed source;
S. 3(1) def. of identification document inserted by No. 59/2013 s. 4(1).
identification document, in relation to a person, means a document that—
shows the identity of a person; and
is prescribed;
S. 3(1) def. of information or document production notice inserted by No. 39/2024 s. 106.
information or document production notice means a notice given under section 90K;
ionising radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly but does not include electromagnetic radiation of a wavelength of greater than 100 nanometres;
ionising radiation apparatus means an apparatus that produces ionising radiation when energised but does not include—
a sealed source apparatus; or
an apparatus that is—
prescribed by the regulations not to be an ionising radiation apparatus; or
declared not to be an ionising radiation apparatus under section 4;
licence means a facility construction licence, a management licence or a use licence;
licence holder means a facility construction licence holder, a management licence holder or a use licence holder;
management licence means a licence issued under Part 6 allowing the licence holder to conduct the radiation practice specified in that licence;
management licence holder means a person who holds a management licence;
National Directory for Radiation Protection or NDRP means the National Directory for Radiation Protection—
published from time to time by the Chief Executive Officer within the meaning of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth; and
as amended from time to time—
and includes any matter contained in any document, code, standard, guideline, rule, specification or method formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by the National Directory for Radiation Protection whether that document, code, standard, guideline, rule, specification or method is formulated, issued, prescribed or published—
at the time the National Directory for Radiation Protection is published or at any time before then; or
from time to time;
non-ionising radiation means electromagnetic radiation of a wavelength of greater than 100 nanometres;
non-ionising radiation apparatus means an apparatus that—
produces non-ionising radiation when energised; and
is prescribed by the regulations to be a non-ionising radiation apparatus;
place includes a public place, residential premises, a building or a part of a building or a vehicle;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 140.1).
police officer has the same meaning as in the Victoria Police Act 2013;
public place means a place, or part of a place, that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money;
Examples
Examples of public places include—
streets, roads, footpaths and passages (whether or not on private property);
forecourts of public and commercial buildings;
carparks;
parks, gardens and recreation reserves;
radiation analyst means a person appointed under section 112;
radiation apparatus means an ionising radiation apparatus or non-ionising radiation apparatus;
radiation facility means a facility that is prescribed by the regulations to be a radiation facility but does not include—
a mill or facility of the kind described in section 8 of the Nuclear Activities (Prohibitions) Act 1983; or
a nuclear reactor or nuclear power reactor within the meaning of the Nuclear Activities (Prohibitions) Act 1983—
the construction or operation of which is prohibited by section 8 of that Act;
S. 3(1) def. of radiation practice amended by Nos 29/2006 s. 3(Sch. 1 item 33.1), 24/2010 s. 4.
radiation practice means any of the following activities—
possessing a radiation source;
selling a radiation source;
transporting radioactive material;
repairing a radiation source;
maintaining a radiation source;
managing or controlling the use of a radiation source;
testing a radiation source where that testing does not involve using a radiation source;
mining radioactive material;
processing radioactive material;
disposing of a radiation source;
decommissioning a radiation facility;
procuring or arranging research involving the irradiation of persons;
any activity (not referred to in paragraphs (a) to (k)) conducted in relation to a radiation source that may result in exposing a person or the environment to radiation—
but does not include—
an activity referred to in paragraphs (a) to (l) that is prescribed by the regulations not to be a radiation practice; or
using a radiation source;
Note
A person who carries out an activity referred to in paragraphs (b) to (l) during the course of his or her employment is not to be taken to be conducting a radiation practice: see subsection (2).
Radiation Protection Principle means the principle set out in section 7;
radiation source means—
radioactive material;
a radiation apparatus;
a sealed source apparatus;
radioactive material means—
any material that spontaneously emits ionising radiation that—
has an activity concentration equal to, or greater than, the amount prescribed by the regulations; and
consists of, or contains, an activity equal to, or greater than, the amount prescribed by the regulations; or
any material that spontaneously emits ionising radiation that—
has an activity concentration, or consists of, or contains, an activity, less than the amount prescribed by the regulations; and
occurs in prescribed circumstances—
but does not include—
raw material with unmodified concentrations of radionuclides unless that material is prescribed by the regulations to be radioactive material;
material that is—
prescribed by the regulations not to be radioactive material; or
declared not to be radioactive material under section 4;
register means the register established and maintained under section 138;
sealed source means radioactive material that is—
permanently sealed in a capsule; or
closely bound and in solid form;
sealed source apparatus means an apparatus that produces ionising radiation because it contains a sealed source but does not include an apparatus that is—
prescribed by the regulations not to be a sealed source apparatus; or
declared not to be a sealed source apparatus under section 4;
S. 3(1) def. of Secretary substituted by No. 29/2010 s. 67(b).
Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;
S. 3(1) def. of security compliance certificate inserted by No. 59/2013 s. 4(1).
security compliance certificate means a certificate issued under section 67K;
S. 3(1) def. of security plan inserted by No. 59/2013 s. 4(1).
security plan means a plan prepared in accordance with Division 1 of Part 6A;
S. 3(1) def. of security standard inserted by No. 59/2013 s. 4(1).
security standard means a standard specified under section 67N;
S. 3(1) def. of tanning unit inserted by No. 59/2013 s. 4(1).
tanning unit means an electrically powered radiation apparatus designed to produce tanning of the human skin by utilising ultraviolet radiation;
tester's approval means an approval issued under Part 6;
S. 3(1) def. of transport security plan inserted by No. 59/2013 s. 4(1).
transport security plan means a plan prepared in accordance with Division 2 of Part 6A;
Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
use, in relation to a radiation source, means actual use by a natural person of a radiation source and includes—
the use of radiation emitted from a radiation source;
the injection, or implanting, of radioactive material into a person or animal;
use licence means a licence issued under Part 6 allowing the licence holder to use a radiation source;
S. 3(1) def. of use licence holder amended by No. 59/2013 s. 4(3).
use licence holder means a person who holds a use licence;
S. 3(1) def. of vehicle inserted by No. 59/2013 s. 4(1).
vehicle has the same meaning as in the Road Safety Act 1986.
S. 3(2) amended by No. 29/2006 s. 3(Sch. 1 item 33.2).
For the purposes of this Act, a person who carries out an activity referred to in paragraphs (b) to (l) of the definition of radiation practice during the course of his or her employment is not to be taken to be conducting a radiation practice.
S. 3A inserted by No. 59/2013 s. 5.
For the purposes of this Act, the activity ratio for a sealed source is to be determined in accordance with the formula—
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where—
A is the activity of the sealed source's prescribed radionuclide in gigabecquerel units; and
D is the value specified in the regulations for the prescribed radionuclide.
The Secretary, by notice published in the Government Gazette, may declare—
a material or class of material that spontaneously emits ionising radiation not to be a radioactive material for the purposes of this Act;
an apparatus or class of apparatus that produces ionising radiation because it contains a sealed source not to be a sealed source apparatus for the purposes of this Act;
an apparatus or class of apparatus that produces ionising radiation when energised not to be an ionising radiation apparatus for the purposes of this Act.
The Secretary may only make a declaration under subsection (1) if he or she is satisfied that the ionising radiation—
emitted by the material or class of material; or
produced by the apparatus or class of apparatus—
does not pose a significant risk to the health or safety of any person or the safety of the environment.
On or before the 6th sitting day after a declaration under section 4 is published in the Government Gazette, the Minister must ensure that a copy of that declaration is laid before each House of the Parliament.
A failure to comply with subsection (1) does not affect the operation or effect of the declaration but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of the Parliament.
A declaration under section 4 may be disallowed in whole or in part by either House of Parliament.
Part 5 of the Subordinate Legislation Act 1994 applies to a declaration under section 4 as if—
a reference in that Part to a "statutory rule" were a reference to a declaration under section 4; and
a reference in section 23(1)(c) of that Act to "section 15(1)" were a reference to subsection (1).
A reference to a declaration under section 4 in this section includes a reference to any amendment to a declaration under section 4.
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
The Radiation Protection Principle is the principle that persons and the environment should be protected from unnecessary exposure to radiation through the processes of justification, limitation and optimisation where—
justification involves assessing whether the benefits of a radiation practice or the use of a radiation source outweigh the detriment;
limitation involves setting radiation dose limits, or imposing other measures, so that the health risks to any person or the risk to the environment exposed to radiation are below levels considered unacceptable;
optimisation—
in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to ionising radiation, means keeping—
the magnitude of individual doses of, or the number of people that may be exposed to, ionising radiation; or
if the magnitude of individual doses, or the number of people that may be exposed, is uncertain, the likelihood of incurring exposures of ionising radiation—
as low as reasonably achievable taking into account economic, social and environmental factors;
in relation to the conduct of a radiation practice, or the use of a radiation source, that may expose a person or the environment to non-ionising radiation, equates to cost-effectiveness.
In interpreting a provision of this Act or the regulations, a construction that would promote the Radiation Protection Principle is to be preferred to a construction that would not promote the Radiation Protection Principle.
The functions of the Secretary under this Act and the regulations are to—
exempt certain radioactive material and apparatuses from being radioactive material or sealed source apparatuses or ionising radiation apparatuses under this Act; and
regulate activities relating to the management, operation or use of radiation sources and the construction of radiation facilities through the licensing of these activities; and
approve testers of prescribed radiation sources within the meaning of Part 5; and
specify radiation safety standards and radiation safety tests for the testing of prescribed radiation sources within the meaning of Part 5; and
S. 9(da) inserted by No. 59/2013 s. 6(a).
approve assessors of security plans and transport security plans; and
S. 9(db) inserted by No. 59/2013 s. 6(a).
specify security standards for high consequence sealed sources and high consequence groups of sealed sources; and
appoint authorised officers to—
monitor and enforce compliance with this Act and the regulations; and
exercise the emergency powers under this Act in relation to radiation events; and
give authorisations to authorised officers to exercise their emergency powers under this Act in relation to radiation events; and
appoint radiation analysts; and
serve infringement notices in relation to offences which have been prescribed as offences for which an infringement notice may be served; and
S. 9(ha) inserted by No. 59/2013 s. 6(b).
issue improvement notices or prohibition notices in relation to contraventions, or likely contraventions, of the Act or the regulations; and
S. 9(hb) inserted by No. 39/2024 s. 107.
accept enforceable undertakings relating to contraventions or alleged contraventions of this Act or the regulations; and
S. 9(hc) inserted by No. 39/2024 s. 107.
give information or document production notices or amend information or document production notices for the purposes of—
monitoring compliance with this Act or the regulations; or
determining whether a person has committed an offence against this Act or the regulations; and
advise the Minister on matters relating to radiation safety; and
promote or conduct studies, investigations and research relating to radiation protection and nuclear safety, including the health and safety of persons and the safety of the environment; and
perform any other function conferred on the Secretary under this Act or the regulations.
The Secretary may do all things that are necessary or convenient to enable him or her to carry out his or her functions under this Act or the regulations.
The Secretary, in performing or exercising a function or power conferred on him or her under this Act or the regulations, must have regard to—
the Radiation Protection Principle; and
the NDRP to the extent that the NDRP is not inconsistent with this Act or the regulations.