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s 32

Refusal of licence, exemption or registration

In force
Part IIILicensing and registration

32 Refusal of licence, exemption or registration

(1)

The Council shall refuse to grant or renew a licence or exemption, or to effect or renew a registration, if —

(a)

the Council is satisfied that the proposed licensee or person to be exempted, or the person in whose name the registration is to be effected, is not a fit and proper person having regard to the objects of this Act; or

(b)

the Council is not satisfied that any radioactive substance, irradiating apparatus or electronic product is, or will be, used without any person other than a person undergoing treatment or diagnosis receiving any dose of radiation in excess of the prescribed level; or

(c)

the Council is not satisfied that the premises to which the application relates, and any premises affected by the proposed use of the premises to which the application relates, are adequately safeguarded.

(2)

The Council may refuse to grant or renew a licence or exemption, or to effect or renew a registration, if —

(a)

the Council is not satisfied that a requirement as to safety is or will be met, whether the aspect of safety in question is immediate or relates to the long term or cumulative potential effects of radiation; or

(b)

the Council is not satisfied that the radioactive substance, irradiating apparatus or electronic product —

(i)

is likely to produce a positive net benefit, having regard to the potential hazard, of a nature such as to justify its use; or

(ii)

performs a function which can be fulfilled only by a radioactive method, or so fulfilled that the radioactive method has clear advantages over any other practical method;

or

(c)

the Council is not satisfied as to the justification for the use of the specific radionuclide, or as to the use of the radioactive material in the form, quantity, or quality proposed; or

(d)

the Council is for any other reason of the opinion that such a refusal is in the public interest.

(3)

In determining whether or not there are grounds on which an application for the grant or renewal of a licence or exemption, or to effect or renew a registration, ought to be refused the Council shall act entirely at discretion but may have regard to the recommendations, guidelines, or practices of the bodies known as the International Commission on Radiological Protection, the United Nations Organisation for Economic Co‑operation and Development, the Radiation Health Committee of the National Health Committee of the National Health and Medical Research Committee, and such other bodies possessing relevant expertise as the Council may think appropriate.

[Section 32 amended: No. 20 of 1979 s. 2.]

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