Radiation Safety Act 1975

Where the Chief Health Officer is satisfied that an emergency situation exists whereby the life or health of any person may be endangered by any radioactive substance, irradiating apparatus or electronic product, he may issue an order requiring —

where the source of the danger is the subject of a licence, the licensee; and

in any other case, the person appearing to him to have apparent charge of the source of the danger,

to take such action as the Chief Health Officer thinks necessary to meet the emergency, or if the circumstances in his opinion so require, the Chief Health Officer may take such action or cause such action to be taken as he thinks necessary to meet the emergency.

No action lies or shall be brought in respect of any thing done or omitted to be done by or at the order of the Chief Health Officer under this section.

Where the Chief Health Officer exercises his powers under this section he shall notify the Council thereafter as soon as is practicable.

[Section 55 amended: No. 63 of 1981 s. 4; No. 28 of 1984 s. 97; No. 19 of 2016 s. 102.]

56. Liability for the acts of others etc.

For the purposes of this Act any person on whose behalf the sale of any thing is made is deemed to be the person who sells, and, subject to subsection (3), every agent or employee making the sale is liable to the same penalties as the person on whose behalf he makes the sale.

A person who employs, causes, procures, or knowingly permits or suffers or connives with another person to contravene any provision of this Act commits an offence punishable as in the provision contravened.

Where proceedings are taken against a person for or in respect of a contravention of any provision of this Act it is no defence for that person to prove that he was the agent or employee of any other person or was acting in pursuance of an order or direction given by such other person unless he satisfies the court that he had acted without knowledge, and could not reasonably be expected to have known, that any provision of this Act had been contravened or had not been complied with.

[(4) deleted]

It shall be a defence for any person who would otherwise be liable under this section to prove that he had taken all reasonable means to enforce the provisions of this Act and that the contravention or non‑compliance occurred without his consent or connivance and that he exercised all due diligence to prevent it.

[Section 56 amended: No. 9 of 2023 s. 129.]