RADIATION HEALTH BILL 2006
(BILL NO. 17 OF 2006)
ARRANGEMENT OF CLAUSES
PART 1: PRELIMINARY
1. Short title and commencement
2. Interpretation
3. When possession licensee is taken to remain in possession of a radiation source
4. Meaning of use in relation to a radiation source or the carrying out of a radiation practice
5. Meaning of carry out in relation to a radiation practice
6. Meaning of radiation practice
7. Act binds Government
PART 2: LICENCES
8. Requirement for possession licence
9. Requirement for use licence
10. Requirement for transport licence transport by road
11. Requirement for transport licence transport otherwise than by road
PART 3: RADIATION SAFETY STANDARDS AND CERTIFICATE OF COMPLIANCE
12. Making of radiation safety standards
13. Obligations of possession licenses
14. When a possession licenses must obtain a certificate of compliance
15. Circumstances for giving certificate of compliance
16. Assessment report
17. Amendment of assessment report: all requirements complies with
18. Amendment of assessment report: some requirements complied with
PART 4: ACQUISITION, SUPPLY AND RELOCATION OF SOURCES AND DISPOSAL OF RADIOACTIVE MATERIALS AND RADIATION APPARATUS
19. Who may acquire a radiation source
20. Supply of radiation sources
21. Person must not relocate radiation source without approval
22. Disposal of radioactive material
23. Notification of disposal of radiation apparatus
PART 5: OTHER RADIATION SAFETY AND PROTECTION PLANS
Division 1: Radiation Safety and Protection Plans
24. What is a radiation safety and protection plan
25. Approval of plan
26. Changing plan: Boards initiative
27. Changing plan: application by possession licence
28. Recording change of plan
29. Obligations in relation to approved radiation safety and protection plan: possession licensees
30. Obligations in relation to approved radiation safety and protection plan: persons carrying out a radiation practice
Division 2: Radiation Safety Officers
31. When radiation safety officers must be appointed
32. Who may be appointed
33. Functions
Division 3: Radiation Monitoring, Procedures and Reporting
34. Radiation monitoring: possession and use licensees
35. Obligations about personal monitoring records: certain possession licensees
36. Other obligations in relation to personal monitoring records
37. Diagnostic or therapeutic procedures
38. Causing radiation exposure
39. Additional obligations of possession licensees
40. Additional obligation of persons carrying out radiation practices
41. Notification of dangerous events
42. False or misleading notices
43. Banning of certain radiation sources
PART 6: ACT INSTRUMENTS
Division 1: Preliminary and Applications
44. What is an Act instrument
45. Who may apply for Act instruments
46. Act instrument issued jointly to more than one person
47. Procedural requirements for applications
48. Different types of approval to acquire a radiation source
Division 2: Criteria for Applications
49. Criteria for applications: possession licences
50. Criteria for applications: use licences
51. Criteria for applications: transport licences
52. Criteria for applications: accreditation certificates
53. Criteria for applications: approvals to acquire
54. Criteria for applications: approvals to dispose
55. Criteria for application: approvals to relocate
56. Criteria for applications: radiation safety officer certificates
Division 3: Decision on Applications
57. Inquiries into applications
58. Decision
59. Failure to decide applications
60. Further consideration of applications for licences
Division 4: Information, Terms and Conditions
61. Forms of Act instruments
62. Additional information for possession licences
63. Additional information for use licences
64. Additional information for transport licences
65. Additional information for accreditation certificates
66. Additional information for approvals to acquire
67. Additional information for approvals to dispose
68. Additional information for approvals to relocate
69. Additional information for radiation safety officer certificates
70. Terms
71. Standard conditions for certain Act instruments
72. Imposition of conditions by Board
73. Contravention of condition
Division 5: Renewals
74. Application
75. Applications for renewal
76. Inquiries into applications
77. Renewable Act instrument taken to be in force while application is considered
Division 6: Suspension and Cancellation
78. Grounds for suspension or cancellation
79. Show cause notice
80. Representations about show cause notices
81. Ending show cause process without further
82. Suspension or cancellation
83. Return of cancelled Act instrument to Board
84. Immediate suspension of licence or accreditation certificate pending formal cancellation procedure
85. Effect of suspension or cancellation of possession licences: approvals to acquire
86. Effect of suspension or cancellation of possession licences: approvals to relocate
87. Effect of suspension or cancellation
88. Notification of change in circumstances
89. Endorsement of change on Act instrument
Division 7: Conditional Act Instruments
90. Application
91. Changing conditions of conditional Act instruments by the Board
92. Changing conditions of conditional Act instruments by holders
93. Recording change of conditions
94. Further consideration of applications under section 92
Division 8: Miscellaneous
95. Surrender of Act instruments
96. Obligations on surrender of radiation safety officer certificates
97. Replacement of Act instruments
98. Transfer of Act instrument prohibited
99. False or misleading statements
PART 7: EMERGENCIES
100. Emergency powers
101. Failure to comply with authorised persons direction in emergency
102. Notice of damage
PART 8: RADIATION HEALTH BOARD
Division 1: Establishment, Membership and Functions
103. Establishment of Board
104. Functions of Board
105. Membership of Board
106. Disqualification from membership
107. Vacation of office
108. When notice of resignation takes effects
109. Remuneration of members
Division 2: Business of the Board and Committees
110. Conduct of business
111. Time and place of meetings
112. Quorum
113. Presiding at meetings
114. Conduct of meetings
115. Disclosure of interests by Board members
116. Committees
117. Remuneration of committee members
Division 3: Appeals
118. Appeal
119. Stay of operation of decisions
120. Hearing procedures
121. Powers of Minister on appeal
PART 9: MISCELLANEOUS
122. Limited exemption for radiation source
123. Protecting officials from liability
124. Impersonation of accredited person
125. Delegation by Board
126. Approval of forms
127. Register to be kept
128. Inspection of register
129. Act to be read with other written laws
130. Regulations
131. Repeal and transitional
BILL NO. 17 OF 2006
A BILL
FOR AN ACT TO REGULATE SOURCES OF IONISING RADIATION AND HARMFUL NON-IONISING RADIATION, TO ESTABLISH THE RADIATION HEALTH BOARD AND PROVIDE FOR ITS FUNCTIONS AND POWERS AND FOR RELATED MATTERS
ENACTED by the Parliament of the Fiji Islands:
Part 1: PRELIMINARY
Short title and commencement
1. (1) This Act may be cited as the Radiation Health Act 2006.
(2) This Act comes into force a date appointed by the Minister by notice in the Gazette.
Interpretation
2. In this Act, unless the context otherwise requires:
"accepted representations" means all representations made under section 80;
"accreditation certificate" means an accreditation certificate issued under section 58;
"accredited person" means the holder of an accreditation certificate;
"Act instrument" means an instrument set out in section 44;
"amend" in relation to an assessment report, includes prepare another assessment report;
"appointed member" means a members appointed under section 105(1)(b) and (c);
"approval" means an approval to acquire, approval to dispose or approval to relocate:
"approval to acquire" means an approval to acquire a radiation source issued under section 58;
"approval to dispose" means an approval to dispose of radioactive material issued under section 58;
"approval to relocate" means an approval to relocate a radiation source issued under section 58;
"approved form" means a form approved by the Board;
"approved radiation safety and protection plan" in relation to radiation practice, means a radiation safety and protection plan approved by the Board for the practice, and includes the plan as changed under section 26 or 27;
"assessment" in relation to personal monitoring device, means:
(a) the quantification of the radiation dose the device has received during a particular period; and
(b) the estimation of the radiation dose received by the person who wore the device during the period;
"assessment report" means a report prepared under section 16(3);
"Board" means the Radiation Health Board established by section 103;
"carry out", in relation to a radiation practice, has the meaning given in section 5;
"certificate of compliance", for a radiation source, includes:
(a) for a sealed radioactive substance, a certificate of compliance relating to the sealing of the substance; and
(b) for a sealed radioactive substance incorporated in a sealed source apparatus, a certificate of compliance for the apparatus;
"certificate of compliance", for a radiation source or premises, means a certificate of compliance issued by an accredited person for the source or premises under sections 14 to 18;
"chairperson" means the chairperson of the Board appointed under section 105(1)(a);
"committee" means a committee of the Board established under section 116;
"conditional Act instrument" means an Act instrument set out under section 90;
"continuing approval to acquire" means a continuing approval mentioned in section 48;
"convicted", of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded;
"deputy chairperson" means the deputy chairperson of the Board appointed under section 105(1);
"dispose", of a radiation apparatus, means make the apparatus permanently inoperable as a radiation apparatus;
"dispose", of radioactive material, means:
(a) release the material into the environment; or
(b) release a thing containing the material into the environment;
"environment" has the meaning given to it in the Environment Management Act;
health practitioner means:
(a) a nurse, chiropractor, dental prosthetist, dental technician, dentist, medical practitioner, medical imaging technologist, nuclear medicine technologist, occupational therapist, optometrist, osteopath, pharmacist, physiotherapist, podiatrist, psychologist, medical radiation technologist, therapist or speech pathologist; or
(b) any other prescribed person practising in a health-related field;
"health risks", in relation to any person, includes risks to the safety of any person;
"information notice", for a decision of the Board, means a written notice stating the following:
(a) the decision;
(b) the reasons for the decision;
(e) if the decision is that an Act instrument be suspended or cancelled, a direction to the person to surrender the instrument to the Board within 7 days after receiving the notice;
(f) if the decision is that the conditions of a conditional Act instrument be changed, a direction to the person to return the instrument to the Board within 7 days after receiving the notice;
(g) if the decision is that an approved radiation safety and protection plan be changed, a direction to the person to return the following documents to the Board, within 14 days after receiving the notice
(i) the plan, incorporating the change;
(ii) the person's possession licence in which the plan is identified;
"ionising radiation" means electromagnetic or particulate radiation capable of producing ions, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres;
"licence" means a possession licence, transport licence or use licence;
"licensee" means a possession licensee, use licensee or transport licensee;
"member" means a member of the Radiation Board;
"monitored person" means a person mentioned in section 34(1);
"non-ionising radiation" means:
(a) electromagnetic radiation of a wavelength greater than 100 nanometres; or
(b) sonic radiation;
"occupier", of a place, includes a person who reasonably appears to be an occupier, or in charge, of the place;
"personal monitoring device" means a device designed to be worn by a person to monitor any radiation dose received by the person;
"personal monitoring record" means such record mentioned in section 38(4);
"place" includes premises and vacant land;
"possess", a radiation source, includes having the source under control in any place, whether or not another person has custody of the source;
"possession licence" means a licence, issued under section 58, to possess a radiation source for a radiation practice;
"possession licensee" means a person who holds a possession licence;
"premises" includes:
(a) a building or other structure;
(b) a part of a building or other structure;
(c) land where a building or other structure is situated; or
(d) a vehicle;
"prescribe", a therapeutic procedure, means issue an order, in written or electronic form, for the intentional irradiation of a person for therapeutic purposes, stating:
(a) particulars of the radiation source to be used; and
(b) the amount, and method of delivery, of the radiation;
"proposed action" means a proposed action required under a provision mentioned under section 79(2)(a);
"public place" means a place the public is entitled to use, open to the public or used by the public, whether or not on payment of money;
"qualified person" means a person who holds a radiation safety officer certificate;
"radiation" means ionising radiation or non-ionising radiation;
"radiation apparatus" means:
(a) an apparatus that, when energised, emits an amount of ionizing radiation during a particular period higher than the amount prescribed, for the period, under a regulation;
(b) an apparatus that would if assembled or repaired, and when energised, be capable of emitting an amount of ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation;
(c) an apparatus, prescribed under a regulation, that when energized emits an amount of non-ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation; or
(d) an apparatus, prescribed under a regulation, that would if assembled or repaired, and when energised, be capable of emitting an amount of non-ionising radiation during a particular period higher than the amount prescribed, for the period, under a regulation;
"radiation dose", received by a person or thing, means the amount of energy from radiation absorbed by the person or thing exposed to the radiation;
"radiation dose limit" means:
(a) for ionising radiation, a limit on the radiation dose a person may receive during a particular period;
(b) for radioactive material, a limit on the amount of the radionuclide in the material that may be inhaled, ingested or introduced into the body of a person during a particular period; or
(c) for non-ionising radiation, a limit on the radiation dose a person may receive during a particular period;
"radiation hazard" means risks to the health or safety of any person arising from exposure to radiation;
"radiation practice" has the meaning given in section 6;
"radiation safety and protection plan", for a radiation practice, means a pan prepared under section 24(1);
"radiation safety officer", for a radiation practice, means a person appointed as a radiation safety officer for the practice under section 32;
"radiation safety officer certificate" means a radiation safety officer certificate issued under section 58;
"radiation safety standard", about a radiation source, includes:
(a) for a sealed radioactive substance, a radiation safety standard about the sealing of the substance made under section 12(1)(b); and
(b) for a sealed radioactive substance incorporated in a sealed source apparatus, a radiation safety standard about the apparatus made under section 12(1)(c);
"radiation safety standard" means a radiation safety standard made under section 12;
"radiation source" means:
(a) a radioactive substance; or
(b) a radiation apparatus;
"radioactive material" means material that spontaneously emits ionising radiation as a result of the radioactive decay of a radionuclide in it, but does not include a mineral within the meaning of the Mining Act situated within the boundaries of land the subject of a mining lease, mineral development licence or exploration permit within the meaning of that Act;
"radioactive substance" means radioactive material (whether or not it is sealed):
(a) containing more than the concentration or activity of a radionuclide prescribed under a regulation; or
(b) prescribed under a regulation to be a radioactive substance;
"register" means the register kept under section 127;
"relevant radiation safety standard", for a radiation source or premises, means a radiation safety standard that applies to the source or premises;
"relevant radiation safety standard", for a type of radiation source or premises, means a radiation safety standard that applies to the type of source or premises;
"renewable Act instrument" means an Act instrument mentioned in section 74;
"repealed Act" means the Ionising Act;
"request", a diagnostic procedure, means make a request or issue an order, in written or electronic form, for the intentional irradiation of a person for diagnostic purposes, stating:
(b) particulars of the diagnostic information sought from the procedure;
"requirements", for sections 16, 17 and 18, means the standard mentioned in section 16(3)(b);
"sealed radioactive substance" means a radioactive substance sealed in a way that:
(a) minimises the possibility of its escape or dispersion; and
(b) allows the emission or transmission of ionising radiation;
"sealed source apparatus" means equipment or a gauge, instrument or device incorporating a sealed radioactive substance, but does not include a container used solely for the transport or storage of a sealed radioactive substance;
"serious environmental harm" a serious environmental harm in accordance with the Environmental Management Act 2005;
"show cause notice" means the notice given under section 79 (1);
"show cause period" means the period set out under section 79(2)(e);
"transport", a radioactive substance, does not include transport the substance from a part of premises to another part of the same premises;
"transport licence" means a licence, issued under section 58, to transport a radioactive substance;
"transport licensee" means a person who holds a transport licence;
"treated person" means a the treated person mentioned under section 37(3);
"unsealed radioactive substance" means a radioactive substance that is not a sealed radioactive substance;
"use", in relation to a radiation source, has the meaning given in section 4(1);
"use", in relation to the carrying out of a radiation practice, has the meaning given in section 4(2);
"use licence" means a licence, issued under section 58, to use a radiation source to carry out a radiation practice;
"use licensee" means a person who holds a use licence;
"vehicle" means anything used for carrying anything or any person by land, water or air.
When a possession licensee is taken to remain in possession of a radiation source
3. (1) For this Act, a possession licensee who allows another person to carry out a radiation practice with a radiation source in compliance with the licensee's approved radiation safety and protection plan for the practice is taken to remain in possession of the source while the other person has the source for the purpose of the practice.
(2) For subsection (1), a reference to a radiation source or radiation practice is a reference to the source or practice to which the licence relates.
(3) A possession licensee who allows another person to transport a radioactive substance to which the licence relates is taken to remain in possession of the substance while the other person has the substance for the purpose of the transportation.
Meaning of use in relation to a radiation source or the carrying out of a radiation practice
4. (1) For this Act, "use" a radiation source, means actual use by an individual of radiation emitted from the source, and includes, for a radiation source that is a radioactive substance, administer the substance to, or inject or implant the substance into, an animal or person.
(2) For this Act, "use", in relation to the carrying out of a radiation practice with a radiation source, means actual use by an individual of radiation emitted from the source to carry out the practice.
(3) For subsections (1) and (2), it is immaterial whether the individual is using the radiation in the capacity of an agent or employee.
Meaning of carry out in relation to a radiation practice
5. (1) For this Act, "carry out", in relation to a radiation practice, means the actual performance of the practice by an individual.
(2) For subsection (1), it is immaterial whether the individual is carrying out the practice in the capacity of an agent or employee.
Meaning of radiation practice
6. (1) For this Act, "radiation practice" means an activity in relation to a radiation source that may result, whether or not intentionally, in exposing anyone to radiation, and includes storing of a radioactive substance, but does not include the transport of a radioactive substance.
Act binds Government
7. This Act binds the Government.
Part 2: LICENCES
Requirement for possession licence
8. (1) A person must not possess a radiation source, unless the person is allowed to possess it under a possession licence.
(2) For subsection (1), a person is not in possession of a radiation source merely because the person is being allowed by a possession licensee for the source:
(a) to carry out a radiation practice, to which the licence relates, with the source in compliance with the licensee's approved radiation safety and protection plan for the practice; or
(b) if the source is a radioactive substance, to transport the substance.
(3) For subsection (1), a person is not in possession of a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.
(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Requirement for use licence
9. (1) A person must not use a radiation source, unless the person is allowed to use it under a use licence.
(2) Subsection (1) does not apply to a person if:
(a) the person is using the source in the presence, and under the personal supervision, of a use licensee who is allowed, under the licence, to use the source to carry out a radiation practice; and
(b) the use is for the purpose of:
(i) helping the licensee to carry out the practice, if the practice is a prescribed radiation practice; or
(ii) the person undergoing training prescribed under a regulation.
(c) the person is registered and holds a current annual practising certificate under the Medical Radiation Technologists Act 2006.
(3) In this section, "prescribed radiation practice" means a radiation practice, other than the carrying out of a diagnostic or therapeutic procedure involving the irradiation of another person, prescribed under a regulation.
Requirement for transport licence: transport by road
10. (1) Subsection (2) applies if a radioactive substance is being transported by road in a vehicle.
(2) The person in charge of the vehicle must hold a transport licence to transport the substance.
(3) For subsection (2), the person is not required to hold a transport licence if the person is helping a transport licensee to transport a radioactive substance, to which the licence relates, by road and the person is in the licensee's presence.
Requirement for transport licence: transport otherwise than by road
11. (1) A person must not transport a radioactive substance other than by road, unless the person is the holder of a transport licence to transport the substance.
(2) Subsection (1) does not apply to a person who transports the substance merely as an employee.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Part 3: RADIATION SAFETY STANDARDS AND CERTIFICATE OF COMPLIANCE
Making of radiation safety standards
12. (1) The Minister may, by regulations under section 130, make radiation safety standards about:
(a) radiation sources in relation to the carrying out of radiation practices; or
(b) the sealing of radioactive substances; or
(c) sealed source apparatus; or
(d) premises at which radiation sources are used to carry out radiation practices; or
(e) premises at which radioactive substances are stored.
(2) A radiation safety standard must state the day the standard expires.
(3) The stated day must not be more than 10 years after the standard is made.
(4) The notice must state the places where copies of the standard and the provisions of any document applied, adopted or incorporated by the standard are available for inspection, without charge, during normal business hours at the places.
Obligations of possession licensees
13. (1) A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice unless:
(a) the source complies with the relevant radiation safety standard; and
(b) if the source is to be used to carry out the practice at premises, the premises comply with the relevant radiation safety standard.
(2) A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, on premises that do not comply with the relevant radiation safety standard.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
When a possession licensee must obtain a certificate of compliance
14. (1) Subsection (2) applies in relation to a radiation source if there is a relevant radiation safety standard for the source.
(2) A possession licensee who, under the licence, possesses the source for a radiation practice must ensure the source is not used to carry out the practice unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the source.
(3) Subsections (4) and (5) apply in relation to premises if there is a relevant radiation safety standard for the premises.
(4) A possession licensee who, under the licence, possesses a radiation source for a radiation practice must ensure the source is not used to carry out the practice at the premises unless, within the period prescribed under a regulation before the day of use, the licensee has obtained a certificate of compliance for the premises.
(5) A possession licensee who, under the licence, possesses a radioactive substance must not store the substance, or allow the substance to be stored, at the premises unless, within the period prescribed under a regulation before the day of storage, the licensee has obtained a certificate of compliance for the premises.
(6) A person who contravenes subsection (2), (4) or (5) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Circumstances for giving certificate of compliance
15. (1) An accredited person may issue a certificate of compliance for:
(a) a radiation source to be used to carry out a radiation practice;
(b) the premises at which a radiation source is to be used to carry out a radiation practice; or
(c) the premises at which a radioactive substance is to be stored.
(2) The certificate of compliance must state that the source or premises comply with the relevant radiation safety standard.
(3) For this section, an accredited person must not issue a certificate of compliance for a radiation source or premises unless, under the person's accreditation certificate, the person is allowed to issue the certificate of compliance for the source or premises.
(4) Subsection (5) applies in relation to a radiation source or premises if there is a relevant radiation safety standard for the source or premises.
(5) An accredited person must not issue a certificate of compliance for the source or premises unless the person is satisfied the source or premises comply with the standard.
(6) A certificate of compliance must be in the approved form.
Assessment report
16. (1) This section applies if an accredited person is acting on a request for a certificate of compliance for a radiation source or premises.
(2) The accredited person must assess whether the source or premises comply with the relevant radiation safety standard.
(3) The accredited person must prepare a report (an assessment report), for the source or premises, stating the following:
(a) whether or not the source or premises comply with the relevant radiation safety standard;
(b) if the source or premises do not comply with the relevant radiation safety standard, particulars of what needs to be done for the source or premises to comply with the standard (the requirements).
(4) The assessment report must be in the approved form.
(5) If the report states requirements, the accredited person must, as soon as practicable, give a copy of the report to the person who asked for the certificate of compliance.
(6) If the report does not state requirements, the accredited person must issue a certificate of compliance for the source or premises.
(7) The accredited person must give the Board a copy of the report mentioned in subsection (6) as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued.
(8) If the report states requirements and none of the requirements are complied with within 30 days after a copy of the report is given to a person under subsection (5), the accredited person must as soon as practicable give the Board a copy of the report.
(9) A person who contravenes subsection (7) or (8) commits an offence and is liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or both.
Amendment of assessment report: all requirements complied with
17. (1) This section applies if:
(a) the assessment report states requirements; and
(b) the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, all the requirements have been complied with.
(2) The accredited person must:
(a) amend the report to indicate all the requirements have been complied with; and
(b) issue a certificate of compliance for the source or premises.
(3) The accredited person must give the Board a copy of the amended report as soon as practicable after the issue of the certificate of compliance, stating the date the certificate was issued.
(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Amendment of assessment report: some requirements complied with
18. (1) This section applies if:
(b) the accredited person is satisfied, within 30 days after giving a copy of the report to the person who asked for the certificate of compliance, that some, but not all, the requirements have been complied with.
(2) The accredited person must amend the report to indicate the requirements that have been complied with.
(3) The accredited person must give the Board a copy of the amended report as soon as practicable after the 30 day period has ended.
(4) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Part 4: ACQUISITION, SUPPLY AND RELOCATION OF SOURCES AND DISPOSAL OF RADIOACTIVE MATERIALS AND RADIATION APPARATUS
Who may acquire a radiation source
19. (1) A person must not acquire a radiation source, unless the person is a possession licensee for the source and the holder of an approval to acquire the source.
(2) For subsection (1), a person does not acquire a radiation source merely because a possession licensee, under the licence, possesses the source for a radiation practice and the person is being allowed by the licensee:
(a) to carry out the practice with the source in compliance with the licensee's approved radiation safety and protection plan for the practice; or
(3) For the purpose of subsection (1), a person does not acquire a radiation source merely because the person, or an animal kept by the person, has been injected with a radioactive substance, or a radioactive substance has been administered to or implanted in the person or animal, as part of a diagnostic or therapeutic procedure.
Supply of radiation sources
20. (1) A person must not supply a radiation source to another person, unless the other person is a possession licensee for the source and the holder of an approval to acquire the source.
(2) For subsection (1), a possession licensee who, under the licence, possesses a radiation source for a radiation practice does not supply the source to another person merely because the other person is being allowed by the licensee:
(3) For the purpose of subsection (1), a person (the first person) does not supply a radiation source to another person merely because the first person injects the other person, or an animal kept by the other person, with a radioactive substance, or a radioactive substance is administered to or implanted in the other person or animal by the first person, as part of a diagnostic or therapeutic procedure.
(5) In this section:
"sell" includes give possession under a lease, exchange, hiring or other commercial arrangement;
"supply a radiation source" means sell, give away or otherwise give possession of the source.
Person must not relocate radiation source without approval
21. (1) A person must not relocate a radiation source from a place to another place (whether within Fiji or to a place outside Fiji), unless the person is a possession licensee for the source and the holder of an approval to relocate the source.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Disposal of radioactive material
22. (1) A person must not dispose of radioactive material, unless:
(a) the concentration or activity of a radionuclide in the material is not more than the maximum concentration or activity prescribed under a regulation; or
(b) the person is the holder of an approval to dispose of the material and disposes of it as required under the approval.
(2) For subsection (1)(a), a regulation may provide for the point of disposal at which the concentration or activity of the radionuclide in the material is to be decided.
Notification of disposal of radiation apparatus
23. (1) A person who disposes of a radiation apparatus must give the Board written notice of the disposal within 7 days after the disposal.
(2) For subsection (1), the notice must contain information adequate to identify the apparatus disposed of.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Part 5: OTHER RADIATION SAFETY AND PROTECTION PLANS
What is a radiation safety and protection plan
24. (1) A radiation safety and protection plan, for a radiation practice, is a plan for the practice for which a possession licensee is allowed to possess a radiation source under the licence.
(2) The plan must state the following:
(a) particulars, and an assessment, of all the radiation hazards specific to the practice and source the licensee knows, or ought reasonably to know, exist or might arise;
(b) the radiation safety and protection measures to deal with the hazards;
(c) any other measures necessary to deal with the hazards;
(d) how the licensee proposes to monitor and review the implementation and effectiveness of the measures;
(e) the functions of the radiation safety officer to be appointed for the practice;
(f) particulars of a training program for persons carrying out the practice;
(g) other particulars prescribed under a regulation.
(3) If a person, other than a person being irradiated as part of a diagnostic or therapeutic procedure, may receive from the carrying out of the practice a radiation dose higher than the radiation dose limit prescribed under a regulation, the plan must provide for:
(a) the supply of a personal monitoring device to the person; and
(b) the assessment of the device.
(4) The plan must be written in a way likely to be understood easily by persons who carry out the practice with the source.
(5) The plan must be dated and signed by the licensee.
(6) In this section, radiation safety and protection measures are measures, prescribed under a regulation, for preventing or minimising health risks to any person arising from exposure to radiation from the carrying out of a radiation practice.
Approval of plan
25. (1) This section applies if the Board issues a possession licence.
(2) The Board is taken to have approved the radiation safety and protection plan identified in the licence.
(3) The Board must endorse the plan with the Board's written approval and give the endorsed plan to the possession licensee.
Changing plan: Board's initiative
26. (1) The Board may change a possession licensee's approved radiation safety and protection plan for a radiation practice if the Board considers it necessary or desirable to make the change, having regard to the requirements for a radiation safety and protection plan mentioned in [section 28(2)].
(2) Before changing the plan, the Board must:
(a) give a written notice to the licensee, stating:
(i) the particulars of the proposed change;
(ii) the day it is proposed the change is to take effect; and
(iii) that the licensee may make written submissions to the Board about the proposed change before a stated day; and
(b) have regard to written submissions made to the Board by the licensee before the stated day.
(3) The stated day must not be earlier than 21 days after the notice is given to the licensee.
(4) If the Board decides to change the plan, the Board must immediately give the licensee an information notice about the decision.
(5) The change takes effect on the day stated for the change in the information notice and does not depend on:
(a) the plan being amended to incorporate the change; or
(b) the licence being amended to identify the amended plan.
(6) The day mentioned in subsection (5) must not be earlier than 35 days after the notice is given to the licensee.
Changing plan: application by possession licensee
27. (1) A possession licensee may apply to the Board to change the licensee's approved radiation safety and protection plan for a radiation practice.
(2) The application must:
(a) be in the approved form; and
(b) be accompanied by the fee prescribed under a regulation.
(3) In deciding whether to grant the application, the Board must have regard to the requirements for a radiation safety and protection plan mentioned in section 28(2).
(4) If the Board decides to grant the application, the Board must immediately give the licensee notice of the decision.
(5) The change takes effect on the day stated for the change in the notice and does not depend on:
(7) If the Board decides not to grant the application, the Board must immediately give the licensee an information notice about the decision.
(8) If the Board fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the Board not to grant the application.
Recording change of plan
28. (1) This section applies if a possession licensee receives an information notice under section 30(4), or a notice under section 31(4), about a change to the licensee's approved radiation safety and protection plan for the radiation practice.
(2) Within 14 days after receiving the notice, the licensee must return the following documents to the Board:
(a) the plan, incorporating the change;
(b) the licensee's possession licence in which the plan is identified.
(3) On receiving the plan, incorporating the change, the Board must immediately endorse the plan with the Board's written approval and give the endorsed plan to the licensee.
(4) On receiving the licence, the Board must immediately amend the licence to identify the amended plan and give the amended licence to the licensee.
(5) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Obligations in relation to approved radiation safety and protection plan: possession licensees
29. (1) This section applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice.
(2) The licensee must take reasonable steps to ensure a person carrying out the practice with the source:
(a) has always available for inspection a copy of the licensee's approved radiation safety and protection plan for the practice; and
(b) has undergone the training program mentioned in the plan.
(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Obligations in relation to approved radiation safety and protection plan: persons carrying out a radiation practice
30. (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(2) A person must not carry out the practice with the source unless:
(a) the person has available for inspection a copy of the approved radiation safety and protection plan for the practice; and
(b) the person has undergone the training program mentioned in the plan.
When radiation safety officers must be appointed
31. (1) Subsection (2) applies to a possession licensee who, under the licence, possesses a radiation source for a radiation practice.
(2) The licensee must ensure, whenever the practice is being carried out, that a person has been appointed as, and is carrying out the functions of, a radiation safety officer for the practice.
(3) If the appointment of the radiation safety officer ends, the licensee does not contravene subsection (2) in relation to any period, before the start of a new appointment, that may be reasonably necessary for the appointment to be made or take effect.
(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or both.
Who may be appointed
32. (1) Only a qualified person who holds a radiation safety officer certificate relevant to a radiation practice may be appointed as a radiation safety officer for the practice.
(2) Subject to subsection (1), a possession licensee who is a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice.
(3) Despite subsection (1), a possession licensee who is not a qualified person may appoint himself or herself as a radiation safety officer for a radiation practice if the licensee is the holder of a qualification, relevant to the practice, prescribed under a regulation.
Functions
33. (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(2) The licensee's approved radiation safety and protection plan for the practice must state at least the following functions for a radiation safety officer appointed by the licensee for the practice:
(a) to identify ways, consistent with the plan, of minimising the radiation doses received by persons from the source;
(b) to provide, or arrange for the provision of, training about radiation hazards and safe working practices to:
(i) persons carrying out the practice;
(ii) the licensee's employees and other persons working for the licensee who may be exposed to radiation emitted from the source; and
(iii) other persons prescribed under a regulation;
(c) to provide, or arrange for the provision of, training to the persons mentioned in paragraph (b) about precautions that need to be taken to ensure radiation doses received by the persons and other persons from the source, are:
(i) for ionising radiation-below the radiation dose limit prescribed under a regulation and as low as reasonably achievable; or
(ii) for non-ionising radiation, below the radiation dose limit prescribed under a regulation and minimised as far as is practicable;
(d) to identify whether the plan is being complied with;
(e) to regularly review the plan to ensure its continued effectiveness;
(f) to identify whether the relevant radiation safety standard for the source, or premises at which the practice is being carried out, is being complied with.
(3) If a radiation safety officer appointed for the practice is not also the possession licensee for the practice, the plan must also state the following functions for the officer:
(a) to advise the licensee of the ways, identified under subsection (2)(a), of minimising the radiation doses received by persons from the source;
(b) to report to the licensee:
(i) any contravention of the plan or the relevant radiation safety standard identified under subsection (2)(d) or (f); and
(ii) what action needs to be taken to ensure compliance with the plan or standard;
(c) to advise the licensee of the results of a review under subsection (2)(e) and make recommendations to the licensee about changes to the plan.
(4) In this section, employees, of a possession licensee, include agents of the licensee and the agents' employees.
Radiation monitoring: possession and use licensees
34. (1) This section applies to the following persons:
(a) a possession licensee who:
(i) under the licence, possesses a radiation source for a radiation practice; and
(ii) provides to another person (the monitored person) a personal monitoring device, as required by the licensee's approved radiation safety and protection plan for the practice;
(b) a possession licensee who, under the licensee's approved radiation safety and protection plan for a radiation practice under the licence, is a person (also the monitored person) required to be provided with a personal monitoring device;
(c) a use licensee (also the monitored person) who, as a condition of the licence, is required:
(i) to wear a personal monitoring device when using a radiation source to carry out a radiation practice under the licence; and
(ii) to have the device assessed from time to time.
(2) The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan or condition, give the Board written notice of the result.
(3) Without limiting subsection (2), the licensee is taken to comply with subsection (2) if the notice is given to the Board, on the licensee's behalf, by the person who conducted the assessment, as soon as practicable after the assessment is carried out.
(4) The licensee must keep an up-to-date record for the monitored person (a personal monitoring record), containing the following information:
(a) the results of all the assessments;
(b) other information prescribed under a regulation.
(5) Without limiting the ways in which a possession licensee or use licensee may comply with subsection
(6), a possession licensee or use licensee is taken to comply with subsection (4) if the personal monitoring record is kept, on the licensee's behalf, by another person under arrangements approved in writing by the Board.
(7) For subsection (4), the personal monitoring record must be kept until the later of the following days:
(a) the day that is 30 years after the day when the last assessment happened;
(b) the day when the monitored person turns, or would have turned, 75 years.
(8) The licensee must make the personal monitoring record available for inspection by the Board or an inspector at any reasonable time.
(9) A person who contravenes subsection (2), (4) or (7) commits an offence and is liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or both.
Obligations about personal monitoring records: certain possession licensees
35. (1) Subsections (2) and (3) apply to a possession licensee who:
(a) under the licence, possesses a radiation source for a radiation practice; and
(b) provides to another person a personal monitoring device, as required under the licensee's approved radiation safety and protection plan for the practice.
(2) The licensee must, as soon as practicable after receiving the result of an assessment of the device under the plan, take reasonable steps to make the person aware of the result.
(3) The licensee must allow the person to inspect, at any reasonable time, the personal monitoring record kept by the licensee for the person.
(4) Subsection (5) applies if the person stops being a person to whom the licensee is required to provide a personal monitoring device under the plan.
(5) If asked in writing by the person during the period for which a personal monitoring record is required to be kept by the licensee for the person, the licensee must as soon as practicable give the person a copy of the record.
(6) A person who contravenes subsection (2), (3) or (5) commits an offence and is liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or both.
Other obligations in relation to personal monitoring records
36. (1) This section applies if:
(a) a person stops being a licensee who is required to keep a personal monitoring record under section 38(4); and
(b) immediately before the person stopped being a licensee of that type, the person was keeping a personal monitoring record under the subsection.
(2) The person must as soon as practicable ask the Board for directions about the keeping of the record.
(3) The Board must give the person written directions about the keeping of the record.
(4) Without limiting subsection (3), a direction may require the person to give the record to another person.
(5) The directions are to ensure the record will continue to be kept until the later of the following days:
(a) the day that is 30 years after the day when the last assessment of a personal monitoring device, mentioned in the record, happened;
(b) the day when the person to whom the record relates turns, or would have turned, 75 years.
(6) The person must comply with the written directions given to the person by the Board, unless the person has a reasonable excuse.
(7) A person who contravenes subsection (2) or (6) commits an offence and is liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or both.
Diagnostic or therapeutic procedures
37. (1) A person (the first person) must not prescribe for another person a therapeutic procedure, or request for another person a diagnostic procedure, involving the irradiation of the other person, unless the first person is authorised to do so under a regulation (an authorised person).
(2) A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person must not carry out the procedure unless the licensee reasonably believes the diagnostic procedure has been requested, or the therapeutic procedure has been prescribed, by an authorised person.
(3) A use licensee who, under the licence, uses a radiation source to carry out a diagnostic or therapeutic procedure involving the irradiation of a person (the treated person) must ensure the treated person does not receive a radiation dose from the carrying out of the procedure in an amount, or a way, that does not comply with the request for the diagnostic procedure or prescription for the therapeutic procedure.
(4) Subsections (2) and (3) do not apply to a person who is an authorised person for the procedure.
(5) Also, the licensee must not, in carrying out the procedure with the source, allow another person involved in carrying out the procedure, other than the treated person, to receive a radiation dose higher than the radiation dose limit prescribed under a regulation.
(6) A person who contravenes subsection (1), (2), (3) or (5) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Causing radiation exposure
38. (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(2) A person, in carrying out the practice with the source, must not cause another person to receive a radiation dose higher than the radiation dose limit prescribed under a regulation.
(3) Subsection (2) does not apply if:
(a) the other person receives the dose while being a treated person; or
(b) the other person receives the dose while involved in carrying out a diagnostic or therapeutic procedure involving the irradiation of a person.
(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Additional obligations of possession licensees
39. (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(2) The licensee must take reasonable steps to ensure any person's health and safety are not adversely affected by exposure to radiation because of the carrying out of the practice with the source.
(3) Without limiting the ways in which a possession licensee may comply with subsection (2), a possession licensee is taken to comply with subsection (2) if at the relevant time:
(a) the source complies with the relevant radiation safety standard;
(b) if the practice is being carried out at premises, the premises comply with the relevant radiation safety standard; and
(c) the licensee is complying with the licensee's approved radiation safety and protection plan for the practice.
(4) The licensee must also take reasonable steps to ensure another person does not use the source unless the person is allowed to do so under a use licence or otherwise under this Act.
(5) Subsection (6) applies if the source is a radioactive substance.
(6) The licensee must take reasonable steps to ensure another person does not transport the substance unless the person is allowed to do so under a transport licence or otherwise under this Act.
(7) A person who contravenes subsection (2), (4) or (6) commits an offence and is liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 5 years or both.
Additional obligation of persons carrying out radiation practices
40. (1) This section applies if a possession licensee, under the licence, possesses a radiation source for a radiation practice.
(2) A person carrying out the practice with the source must take reasonable steps to ensure any person's health and safety are not adversely affected by exposure to radiation because of the way the person carries out the practice.
(3) Without limiting the ways in which a person carrying out the practice with the source may comply with subsection (2), a person carrying out the practice with the source is taken to comply with subsection (2) if, at the relevant time, the person is complying with the licensee's approved radiation safety and protection plan for the practice.
Notification of dangerous events
41. (1) This section applies:
(a) if a possession licensee, under the licence, possesses a radiation source for a radiation practice; and
(b) any of the following events (a dangerous event) happen:
(i) the source is, or appears to have been, lost or stolen;
(ii) there is a radiation incident in relation to the source, for which there are no remediation procedures stated in the licensee's approved radiation safety and protection plan for the practice being carried out with the source at the time;
(iii) equipment that uses, measures or controls radiation emitted from the source malfunctions with the result, or likely result, that there is, or will be, an unintended emission of the radiation or a person is, or will be, unintentionally exposed to the radiation.
(2) The licensee must give the Board notice, as required under subsections (3) and (4), of the dangerous event, unless the licensee has a reasonable excuse.
(3) The notice must:
(a) be given immediately, orally or in writing; and
(b) state particulars adequate to identify the source and its location.
(4) If the notice is given orally, the licensee must give the Board a written notice confirming the oral notice within 7 days after the dangerous event happens.
(5) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding12 months or both.
(6) In this section:
"radiation incident" means an incident adversely affecting, or likely to adversely affect, the health or safety of any person because of the emission of radiation;
"remediation procedures", for a radiation incident, means procedures designed to minimise the radiation hazard arising from the incident.
False or misleading notices
42. (1) A possession licensee must not give the Board a notice under section 45 containing information the licensee knows is false or misleading in a material particular.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Banning of certain radiation sources
43. (1) A person must not possess, supply or use a radiation source that is prescribed under a regulation to be a banned radiation source.
(3) In this section:
"sell" means sell by retail, wholesale or auction, and includes:
(a) offer or agree to sell;
(b) invite to treat or expose for sale;
(c) cause or permit to be sold; and
(d) supply under a lease, exchange, hiring or other commercial arrangement.
"supply" includes:
(a) distribute, give or sell;
(b) offer or agree to distribute or give;
(c) cause or permit to be distributed or given; and
(d) attempt to supply or do an act mentioned in paragraphs (a) to (c).
Part 6: ACT INSTRUMENTS
What is an Act instrument
44. An Act instrument is:
(a) a licence;
(b) an accreditation certificate;
(c) an approval;
(d) a radiation safety officer certificate.
Who may apply for Act instruments
45. (1) Any person may, in the prescribed form, apply for the following Act instruments:
(a) a possession licence;
(b) a transport licence that allows the transport of a radioactive substance other than by road;
(c) an approval to dispose.
(2) An individual, and only an individual, may, in the prescribed form, apply for the following Act instruments:
(a) a use licence;
(b) a transport licence that allows the transport of a radioactive substance by road;
(c) an accreditation certificate;
(3) A possession licensee, and only a possession licensee, may, in the prescribed form, apply for the following Act instruments:
(a) an approval to acquire;
(b) an approval to relocate.
Act instrument issued jointly to more than one person
46. If an Act instrument is issued jointly to more than one person, a reference in this Act to the holder of the instrument is a reference to each of the persons.
Procedural requirements for applications
47. (1) An application for an Act instrument must:
(a) be made to the Board; and
(b) be in the approved form; and
(c) be accompanied by:
(i) the fee prescribed under a regulation; and
(ii) if the application is for a possession licence, the proposed radiation safety and protection plan for the radiation practice for which the applicant wants to possess a radiation source; and
(iii) if the application is for an approval to relocate, the written approval for the proposed relocation given by the regulatory authority responsible for preventing or minimising health risks to any person, in so far as exposure to radiation is concerned, in the locality to which the applicant proposes to relocate the radiation source concerned; and
(iv) other documents prescribed under a regulation.
(2) The Board must consider the application and either grant, or refuse to grant, the application.
(3) The Board may grant the application only if the Board is satisfied the applicant is a suitable person to hold the instrument.
Different types of approval to acquire a radiation source
48. An application for an approval to acquire may be made for:
(a) a single acquisition of a radiation source; or
(b) the periodic acquisition of an unsealed radioactive substance (a continuing approval to acquire).
Criteria for applications-possession licences
49. In deciding whether an applicant for a possession licence is a suitable person to hold the licence, the Board may have regard to the following:
(a) the radiation practice for which the applicant wants to possess the radiation source to which the application relates;
(b) for an ionising radiation source, the justification of the practice;
(c) the adequacy of the proposed radiation safety and protection plan for the practice, having regard to section 28;
(d) the applicant's ability to comply with a possession licensee's obligations under sections 17, 18, 33 and 43;
(e) if the applicant has been convicted of an indictable offence the nature, and circumstances of the commission, of the offence;
(f) whether the applicant has been convicted of an offence against this Act, the repealed Act any other related written law;
(g) whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act or another written law, that was suspended or cancelled;
(h) anything else relevant to the health and safety of any person, in so far as exposure to radiation is concerned.
Criteria for applications: use licences
50. In deciding whether an applicant for a use licence is a suitable person to hold the licence, the Board may have regard to the following:
(a) the qualifications, training, skills, competence, knowledge and experience of the applicant that are relevant to the radiation practice to which the application relates;
(b) if the applicant is a person registered as a veterinary surgeon under the Veterinary Surgeons Act (Cap. 257) or a health practitioner any conditions attaching to the applicant's registration, enrolment or accreditation as a veterinary surgeon or health practitioner limiting the applicant's ability to carry out the practice;
(c) if the applicant has been convicted of an offence, the nature, and circumstances of the commission, of the offence;
(d) whether the applicant has been convicted of an offence against this Act or the repealed Act;
(e) whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act, that was suspended or cancelled;
(f) anything else relevant to the health and safety of any person, in so far as exposure to radiation is concerned.
Criteria for applications: transport licences
51. In deciding whether an applicant for a transport licence is a suitable person to hold the licence, the Board may have regard to the following:
(a) how the radioactive substance, to which the application relates, is to be transported by the applicant;
(b) the amount of the substance the licensee is to transport at a time;
(c) the applicant's competency in relation to the handling, packing, transportation, storage and delivery of the substance;
(d) if the applicant has been convicted of an offence, the nature, and circumstances of the commission, of the offence;
(e) whether the applicant has been convicted of an offence against this Act or the repealed Act;
(f) whether the applicant held an Act instrument under this Act, or a similar instrument under the repealed Act, that was suspended or cancelled;
(g) anything else relevant to the health and safety of any person, in so far as exposure to radiation is concerned.
Criteria for applications-accreditation certificates
52. In deciding whether an applicant for an accreditation certificate is a suitable person to hold the certificate, the Board may have regard to the following:
(a) the qualifications, training, skills, knowledge and experience of the applicant that are relevant to the applicant's competency to assess whether the type of radiation source or premises, to which the application relates, complies with the relevant radiation safety standard;
(b) if the applicant has been convicted of an offence, the nature, and circumstances of the commission, of the offence;
(c) whether the applicant has been convicted of an offence against this Act or the repealed Act;
(d) whether the applicant held an accreditation certificate under this Act, that was suspended or cancelled;
(e) anything else relevant to the health and safety of any person, in so far as exposure to radiation is concerned.
Criteria for applications-approvals to acquire
53. In deciding whether an applicant for an approval to acquire is a suitable person to hold the approval, the Board may have regard to the following:
(a) the following particulars of the applicant's possession licence
(i) the radiation source the applicant is allowed to possess;
(ii) the radiation practice for which the applicant is allowed to possess the source;
(iii) the term of the licence;
(iv) any conditions of the licence;
(b) the applicant's reason for wanting to acquire the radiation source to which the application relates;
(c) whether the application contains particulars adequate to identify the source;
(d) the particulars, stated in the application, of how the applicant proposes to eventually dispose of, relocate, sell or give away the source;
(e) whether the applicant held an approval to acquire under this Act, or a similar instrument under another written law, that was suspended or cancelled;
Criteria for applications-approvals to dispose
54. In deciding whether an applicant for an approval to dispose is a suitable person to hold the approval, the Board may have regard to the following:
(a) the applicant's reason for wanting to dispose of the radioactive material to which the application relates;
(b) how the applicant proposes to dispose of the material;
(c) whether the material can be dealt with in another way that is more conducive to ecological health or public amenity or safety;
(d) whether the disposal would, or is likely to, result in another written law being contravened;
(e) whether the applicant held an approval to dispose under this Act that was suspended or cancelled;
Criteria for application: approvals to relocate
55. (1) In deciding whether an applicant for an approval to relocate is a suitable person to hold the approval, the Board may have regard to the following:
(a) the applicant's reason for wanting to relocate the radiation source to which the application relates;
(b) the ability of the applicant to comply with any international treaty about the movement of radiation sources;
(c) if the purpose of the proposed relocation is the eventual disposal of the source-whether it can be dealt with in another way that is more conducive to ecological health or public amenity or safety;
(d) whether the applicant held an approval to relocate under this Act, or a similar instrument under a written law, that was suspended or cancelled;
(2) In this section:
"international treaty" means a treaty, dealing with the relocation of the source, to which the Commonwealth is a party;
"treaty" includes a convention, protocol, agreement or arrangement.
Criteria for applications-radiation safety officer certificates
56. In deciding whether an applicant for a radiation safety officer certificate is a suitable person to hold the certificate, the Board may have regard to the following:
(a) the applicant's knowledge of the legislation, guidelines, codes of practice and standards relevant to the type of radiation practice to which the application relates;
(b) the applicant's knowledge and skills in:
(i) measuring and monitoring radiation; and
(ii) interpreting radiation measurements; and
(iii) applying radiation safety standards;
(c) the applicant's knowledge of the biological effects of radiation;
(d) the applicant's competency to perform the functions of a radiation safety officer in relation to the type of practice;
(e) if the applicant has been convicted of an offence, the nature, and circumstances of the commission, of the offence;
(f) whether the applicant has been convicted of an offence against this Act, the repealed Act;
(g) whether the applicant has held a radiation safety officer certificate under this Act that was suspended or cancelled;
Division 3: Decisions on Applications
Inquiries into applications
57. (1) Before deciding the application, the Board:
(a) may investigate the applicant; and
(b) may, by written notice given to the applicant, require the applicant to give the Board, within a reasonable period of at least 30 days stated in the notice, further information or a document the Board reasonably requires to decide the application; and
(c) if the application is for a use licence, transport licence allowing the transport of a radioactive substance by road, accreditation certificate or radiation safety officer certificate, may, by written notice given to the applicant, require the applicant to undergo a written, oral or practical examination within a reasonable period of at least 30 days stated in the notice.
(2) The purpose of an examination under subsection (1)(c) must be to assess:
(a) for a use licence to use a radiation source to carry out a radiation practice:
(i) the applicant's competency to use the source to carry out the practice; and
(ii) the applicant's knowledge of issues relevant to the health and safety of any person, in so far as exposure to radiation is concerned; or
(b) for a transport licence allowing the transport of a radioactive substance by road:
(i) the applicant's competency in relation to the handling, packing, transportation, storage and delivery of the substance; and
(c) for an accreditation certificate:
(i) for a type of radiation source, the applicant's competency to assess whether a radiation source of that type complies with the relevant radiation safety standard;
(ii) for a type of premises, the applicant's competency to assess whether premises of that type comply with the relevant radiation safety standard; and
(iii) the applicant's knowledge of issues relevant to the health and safety of any person, in so far as exposure to radiation is concerned; or
(d) for a radiation safety officer certificate:
(i) the applicant's knowledge of the legislation, guidelines, codes of practice and standards relevant to the type of radiation practice to which the application relates; and
(ii) the applicant's knowledge and skills;
(iii) the applicant's knowledge of the biological effects of radiation; and
(iv) the applicant's competency to perform the functions of a radiation safety officer in relation to the type of practice; and
(v) the applicant's knowledge of issues relevant to the health and safety of any person, in so far as exposure to radiation is concerned.
(3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant:
(a) does not comply with a requirement under subsection (1)(b); or
(b) does not undergo an examination under subsection (1)(c).
(4) A notice under subsection (1)(b) or (c) must be given to the applicant within 90 days after the Board receives the application.
Decision
58. (1) If the Board decides to grant the application, the Board must immediately issue the Act instrument applied for to the applicant.
(2) If the Board decides to refuse to grant the application, the Board must immediately give the applicant an information notice about the decision.
Failure to decide applications
59. (1) Subject to subsections (2) and (3), if the Board fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the Board to refuse to grant the application.
(2) Subsection (3) applies if:
(a) a person has made an application for an Act instrument; and
(b) the Board has:
(i) under section 61(1)(b), required the applicant to give the Board further information or a document; or
(ii) under section 61(1)(c), required the applicant to undergo an examination.
(3) The Board is taken to have refused to grant the application if the Board does not decide the application by the later of the following days:
(a) the day that is 90 days after the Board receives the further information or document;
(b) the day that is 90 days after the Board receives the results of the examination.
(4) If the application is an application for a licence, this section is subject to section 64.
Further consideration of applications for licences
60. (1) This section applies if the Board considers he or she needs further time to make a decision on an application for a licence because of the complexity of the matters that need to be considered in deciding the application.
(2) The Board may at any time before the final consideration day give written notice to the applicant that:
(a) because of the complexity of the matters that need to be considered in deciding the application, the Board needs further time to decide the application; and
(b) the period within which the Board must decide the application is extended to a day (the extended day) that is 90 days after the final consideration day.
(3) The applicant and Board may also at any time before the final consideration day agree in writing on a day (the agreed extended day) by which the application is to be decided.
(4) The Board is taken to have refused to grant the application if the Board does not decide the application by the latest of the following days:
(a) if the Board has given a notice to the applicant under subsection (2), the extended day;
(b) if there is an agreement between the applicant and Board under subsection (3)-the agreed extended day.
"final consideration day" means the later of the following days:
(a) the day that is 90 days after receipt of the application;
(b) if the Board has, under section 61(1)(b), required the applicant to give the Board further information or a document, the day that is 90 days after the Board receives the further information or document;
(c) if the Board has, under section 61(1)(c), required the applicant to undergo an examination, the day that is 90 days after the Board receives the results of the examination.
Forms of Act instruments
61. (1) An Act instrument must be in the approved form.
(2) The approved form must provide for the inclusion of the following:
(a) the name of the holder of the instrument;
(b) the term of the instrument;
(c) any conditions of the instrument imposed by the Board.
Additional information for possession licences
62. (1) The approved form for a possession licence must also provide for the inclusion of the following:
(a) particulars of the radiation source the licensee is allowed to possess;
(b) the radiation practice for which the licensee is allowed to possess the source.
(2) Also, the approved form must identify the approved radiation safety and protection plan for the practice.
Additional information for use licences
63. The approved form for a use licence must also provide for the inclusion of the following:
(a) particulars of the radiation source the licensee is allowed to use;
(b) the radiation practice the licensee is allowed to carry out using the source.
Additional information for transport licences
64. The approved form for a transport licence must also provide for the inclusion of the following:
(a) particulars of the radioactive substance the licensee is allowed to transport;
(b) how the substance is to be transported;
(c) the amount of the substance the licensee is allowed to transport at a time.
Additional information for accreditation certificates
65. The approved form for an accreditation certificate must also provide for the inclusion of particulars of the type of radiation source or premises for which the holder of the certificate is allowed to issue a certificate of compliance.
Additional information for approvals to acquire
66. The approved form for an approval to acquire must also provide for the inclusion of particulars adequate to identify the radiation source allowed to be acquired under the approval.
Additional information for approvals to dispose
67. The approved form for an approval to dispose must also identify:
(a) the radioactive material the licensee is allowed to dispose of; and
(b) the amount of the radioactive material the licensee is allowed to dispose of.
Additional information for approvals to relocate
68. The approved form for an approval to relocate must also provide for the inclusion of the following:
(a) particulars adequate to identify the radiation source allowed to be relocated under the approval;
(b) the location to which the holder of the approval is allowed to relocate the source.
Additional information for radiation safety officer certificates
69. The approved form for a radiation safety officer certificate must also provide for the inclusion of particulars adequate to identify the type of radiation practice for which the holder of the certificate may perform the functions of a radiation safety officer.
Terms
70. (1) A licence remains in force:
(a) for a licence of a kind prescribed under a regulation, for the term, not more than 3 years, stated in the regulation; or
(b) otherwise, for the term, not more than 3 years, stated in the licence.
(2) An accreditation certificate remains in force for the term, not more than 3 years, stated in the certificate.
(3) An approval remains in force for the term stated in the approval.
(4) For an approval to acquire or approval to relocate, the term must expire on or before the expiry of the term of the possession licence under which the radiation source the subject of the approval may be possessed.
(5) A radiation safety officer certificate remains in force for the term, not more than 3 years, stated in the certificate.
Standard conditions for certain Act instruments
71. (1) An approval to relocate is subject to the condition that the holder of the approval must give the Board written notice of the relocation of the radiation source to which the approval relates within 7 days after the relocation happens.
(2) An approval to dispose is subject to the condition that the holder of the approval must give the Board written notice of the disposal of the radioactive material to which the approval relates within 7 days after the disposal happens.
(3) A possession or use licence is subject to the condition that the holder of the licence comply with a code, protocol, standard or document, prescribed under a regulation about the radiation practice to which the licence relates.
(4) A transport licence is subject to the condition that the holder of the licence comply with a code, protocol, standard or document, prescribed under a regulation about the transport of radioactive substances to which the licence relates.
Imposition of conditions by Board
72. (1) The Board may issue an Act instrument on conditions the Board considers necessary or desirable to protect persons from health risks associated with exposure to radiation.
(2) If the Board decides to issue an Act instrument on conditions, the Board must immediately give the applicant an information notice about the decision.
Contravention of condition
73. (1) A holder of an Act instrument must not contravene a condition of the instrument, including a condition mentioned in sections 71 and 72.
(2) The penalty under subsection (2) may be imposed whether or not the instrument is cancelled or suspended because of the contravention.
(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or both.
Application of division
74. This division applies to the following Act instruments (the renewable Act instruments):
(c) a continuing approval to acquire;
Applications for renewal
75. (1) The holder of a renewable Act instrument may apply to the Board for the renewal of the instrument within the period starting 60 days before the term of the instrument ends.
(b) be accompanied by:
(ii) documents prescribed under a regulation.
(3) The Board must consider the application and renew, or refuse to renew, the instrument.
(4) In deciding whether to grant the application, the Board may have regard to the matters to which the Board may have regard in deciding whether a proposed holder of a renewable Act instrument is a suitable person to hold the instrument.
(5) If the Board decides to refuse to renew the instrument, the Board must immediately give the applicant an information notice about the decision.
(6) A renewable Act instrument may be renewed by:
(a) endorsing the existing instrument; or
(b) cancelling the existing instrument and issuing another renewable Act instrument.
76. (1) Before deciding the application, the Board may, by written notice given to the applicant, require the applicant to give the Board, within a reasonable period of at least 30 days stated in the notice, further information or a document the Board reasonably considers is needed to decide the application.
(2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.
Renewable Act instrument taken to be in force while application is considered
77. (1) If an application is made under section 79, the holder's renewable Act instrument is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 79 or taken to have been withdrawn under section 80(2).
(2) If the application is refused, the instrument continues in force until the information notice for the decision is given to the applicant.
(3) Subsection (1) does not apply if the instrument is earlier suspended or cancelled.
Grounds for suspension or cancellation
78. (1) Each of the following is a ground for suspending or cancelling an Act instrument:
(a) the holder of the instrument is not, or is no longer, a suitable person to hold the instrument;
(b) the holder has been convicted of an offence against this Act;
(c) the holder has contravened a provision of this Act (being a provision a contravention of which is not an offence against this Act);
(d) the holder has contravened a condition of the instrument;
(e) the instrument was issued because of a materially false or misleading representation or declaration.
(2) For forming a belief that the ground mentioned in subsection (1)(a) exists, the Board may have regard to the matters to which the Board may have regard in deciding whether a proposed holder of an Act instrument is a suitable person to hold the instrument.
Show cause notice
79. (1) If the Board believes a ground exists to suspend or cancel an Act instrument, the Board must give the holder of the instrument a written notice under this section (a show cause notice).
(2) The show cause notice must state the following:
(a) the action (the proposed action) the Board proposes taking under this subdivision;
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for the grounds;
(d) if the proposed action is suspension of the instrument, the proposed suspension period;
(e) an invitation to the holder to show within a stated period (the show cause period) why the proposed action should not be taken.
(3) The show cause period must be a period ending not less than 21 days after the show cause notice is given to the holder.
Representations about show cause notices
80. (1) The holder of the instrument may make representations about the show cause notice to the Board in the show cause period.
(2) The Board must consider all written representations (the accepted representations) made under subsection (1).
Ending show cause process without further action
81. (1) This section applies if, after considering the accepted representations for the show cause notice, the Board no longer believes a ground exists to suspend or cancel the instrument.
(2) The Board must not take any further action about the show cause notice.
(3) Notice that no further action is to be taken about the show cause notice must be given to the holder of the instrument by the Board.
Suspension or cancellation
82. (1) This section applies if, after considering the accepted representations for the show cause notice, the Board:
(a) still believes a ground exists to suspend or cancel the instrument; and
(b) believes suspension or cancellation of the instrument is warranted.
(2) This section also applies if there are no accepted representations for the show cause notice.
(3) The Board may:
(a) if the proposed action stated in the show cause notice was to suspend the instrument for a stated period, suspend the instrument for not longer than the stated period; or
(b) if the proposed action stated in the show cause notice was to cancel the instrument, either cancel the instrument or suspend it for a period.
(4) The Board must immediately give an information notice about the decision to the holder of the instrument.
(5) The decision takes effect on:
(a) the day the information notice is given to the holder; or
(b) if a later day of effect is stated in the information notice, the later day.
Return of cancelled Act instrument to Board
83. (1) This section applies if the Board has cancelled an Act instrument and given an information notice for the decision to the holder of the instrument.
(2) The holder must return the instrument to the Board within 7 days after receiving the information notice, unless the holder has a reasonable excuse.
Immediate suspension of licence or accreditation certificate pending formal cancellation procedure
84. (1) This section applies if the Board believes:
(a) a ground exists to cancel a licence; and
(b) it is necessary, in the interests of the health or safety of any person who may be exposed to radiation emitted from the radiation source to which the licence relates, to immediately suspend the licence until the formal cancellation procedure is completed.
(2) This section also applies if the Board believes:
(a) a ground exists to cancel an accreditation certificate; and
(b) it is necessary, in the interests of the health or safety of any person, to immediately suspend the authority of the holder of the certificate to issue certificates of compliance for radiation sources or premises until the formal cancellation procedure is completed.
(3) The Board may immediately suspend the licence or certificate.
(4) The Board must immediately give an information notice about the decision to the holder of the licence or certificate.
(5) The suspension takes effect immediately an information notice for the decision is given to the holder.
(6) If, within 14 days after the Board suspends the licence or certificate, the Board gives the notice required by section 83(1), the suspension lasts until the first to happen of the following:
(a) the Board cancels the suspension;
(b) a decision to cancel the licence or certificate takes effect;
(c) a decision is made not to cancel the licence or certificate.
(7) If the notice required by section 83(1) is not given within the period mentioned in subsection (6), the suspension lapses at the end of the period, unless the Board has already cancelled the suspension.
Effect of suspension or cancellation of possession licences: approvals to acquire
85. (1) If the possession licence of the holder of an approval to acquire is suspended, the approval is taken to be suspended for the period of the suspension.
(2) If the possession licence of the holder of an approval to acquire is cancelled, the approval is taken to be cancelled.
Effect of suspension or cancellation of possession licences: approvals to relocate
86. (1) If the possession licence of the holder of an approval to relocate is suspended, the approval is taken to be suspended for the period of the suspension.
(2) If the possession licence of the holder of an approval to relocate is cancelled, the approval is taken to be cancelled.
Effect of suspension or cancellation
87. (1) This section applies if:
(a) a person is a radiation safety officer for a radiation practice; and
(b) the person's radiation safety officer certificate is suspended or cancelled by the Board.
(2) The person's appointment as a radiation safety officer for the practice is taken to be rescinded.
(3) The person must as soon as practicable give written notice of the suspension or cancellation to the possession licensee who appointed the person as a radiation safety officer for the practice.
Notification of change in circumstances
88. (1) This section applies to the following Act instruments:
(2) The holder of the instrument must, within 14 days after the happening of a change in the holder's circumstances prescribed under a regulation, give the Board written notice of the change and return the instrument to the Board.
Endorsement of change on Act instrument
89. (1) This section applies if:
(a) the change affects a particular stated in the instrument; and
(b) the Board is satisfied the change is correct and does not affect the instrument in a way that makes it desirable the instrument be suspended or cancelled.
(2) The Board must note the change on the instrument and return it to the holder.
90. This division applies to the following Act instruments (the conditional Act instruments):
Changing conditions of conditional Act instruments by the Board
91. (1) The Board may decide to change the conditions of a conditional Act instrument imposed by the Board if the Board considers it is necessary or desirable to make the change to protect persons from health risks associated with exposure to radiation.
(2) Before deciding to change the conditions, the Board must:
(a) give written notice to the holder of the instrument-
(i) of the particulars of the proposed change; and
(ii) that the holder may make written submissions to it; and
(b) have regard to written submissions made to it by the holder before the stated day.
(3) If the Board decides to change the conditions of a conditional Act instrument, the Board must immediately give the holder of the instrument an information notice about the decision.
(4) The change of conditions takes effect when the information notice is given to the holder and does not depend on the instrument being amended to record the change or a replacement instrument being issued.
(5) The power of the Board under subsection (1) includes the power to add conditions to a conditional Act instrument that is not subject to conditions imposed by the Board.
Changing conditions of conditional Act instruments by holders
92. (1) The holder of a conditional Act instrument may apply to the Board to change the conditions of the instrument imposed by the Board.
(3) In deciding whether to grant the application, the Board may have regard to the matters, relevant to the application, to which the Board may have regard in deciding whether a proposed holder of a conditional Act instrument is a suitable person to hold the instrument.
(4) If the Board decides to grant the application, the Board must immediately give the holder notice of the decision.
(5) The change of conditions takes effect when the notice is given to the holder and does not depend on the instrument being amended to record the change or a replacement instrument being issued.
(6) If the Board decides not to grant the application, the Board must immediately give the holder an information notice about the decision.
(7) If the Board fails to decide the application within 90 days after its receipt, the failure is taken to be a decision by the Board to refuse to grant the application.
Recording change of conditions
93. (1) This section applies if a holder of a conditional Act instrument receives an information notice under section 95(3), or a notice under section 96(4), about a change to the conditions of the instrument.
(2) The holder must return the instrument to the Board within 7 days after receiving the notice, unless the holder has a reasonable excuse.
(3) On receiving the instrument, the Board must:
(a) amend the instrument in an appropriate way and return the amended instrument to the holder; or
(b) if the Board does not consider it practicable to amend the instrument-issue another instrument, incorporating the changed conditions, to the holder to replace the instrument returned to the Board.
(4) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Further consideration of applications under section 96
94. (1) This section applies if the Board considers he or she needs further time to make a decision on an application under section 96 because of the complexity of the matters that need to be considered in deciding the application.
(3) Also, the applicant and Board may at any time before the final consideration day agree in writing on a day (the agreed extended day) by which the application is to be decided.
(b) if there is an agreement between the applicant and Board under subsection (3), the agreed extended day.
"final consideration day" means the day that is 90 days after receipt of the application.
Surrender of Act instruments
95. (1) The holder of an Act instrument may surrender the instrument by written notice given to the Board.
(2) The surrender takes effect:
(a) on the day the notice is given to the Board; or
(b) if a later day of effect is stated in the notice, on the later day.
(3) The holder must return the instrument to the Board within 7 days after the day the surrender takes effect, unless the holder has a reasonable excuse.
Obligations on surrender of radiation safety officer certificates
96. (1) Subsection (2) applies if:
(a) a person surrenders the person's radiation safety officer certificate under section 99; and
(b) immediately before the surrender takes effect the person is a radiation safety officer for a radiation practice; and
(c) at the time of surrender, the person is not also the possession licensee who, under the licence, possesses a radiation source for the practice.
(2) The person must as soon as practicable after the surrender takes effect give written notice of the surrender to the possession licensee who appointed the person as a radiation safety officer for the practice.
Replacement of Act instruments
97. (1) The holder of an Act instrument may apply to the Board for the replacement of the instrument if it has been lost, stolen, destroyed or damaged.
(3) The Board must grant the application if the Board is satisfied the instrument has been lost, stolen or destroyed, or damaged in a way to require its replacement.
(4) If the Board grants the application, the Board must, on payment of the fee prescribed under a regulation, issue another instrument to the applicant to replace the lost, stolen, destroyed or damaged instrument.
(5) If the Board refuses to grant the application, the Board must immediately give the applicant an information notice about the decision.
Transfer of Act instrument prohibited
98. No Act instrument must be transferred to another person.
False or misleading statements
99. A person who, for an application made under this part, state anything the person knows is false or misleading in a material particular commits an offence and is liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or both.
Part 7: EMERGENCIES
Emergency powers
100. (1) This section applies if the Board is satisfied on reasonable grounds:
(a) there is at a place a radiation source; and
(b) it is necessary to exercise powers under this section-
(i) to avoid or minimise an imminent risk of death of, serious illness of, or serious injury to, any person from radiation emitted from the source; or
(ii) to avoid imminent serious environmental harm from the source.
(2) The Board may, without a warrant or the consent of the occupier of the place, authorise a public officer or a police officer (authorised person) to enter the place.
(3) The authorised person may in relation to the source
(a) direct a person at the place to take stated reasonable steps within a stated reasonable period in relation to the source; or
(b) take the reasonable steps; or
(c) authorise another person to take the reasonable steps.
(4) The direction may be given orally or by written notice.
(5) If the direction is given orally, the authorised person must as soon as practicable confirm the direction by written notice given to the person.
(6) When giving a direction under subsection (3)(a), the authorised person must warn the person it is an offence not to comply with the direction, unless the person has a reasonable excuse.
(7) If the authorised person takes the steps, the authorised person may also exercise any of the powers of an inspector under this division.
(8) The authorised person may exercise the powers mentioned in subsections (2), (3)(b) and (7) (the emergency powers) with the help, and using the force, that is necessary and reasonable in the circumstances.
(9) In exercising or attempting to exercise emergency powers, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.
(10) This section does not limit any power an inspector has apart from this section.
(11) If the authorised person authorises a person to take steps under subsection (3)(c):
(a) the person may exercise the powers mentioned in subsection (7); and
(b) the inspector must inform the person:
(i) of the steps the person is authorised to take; and
(ii) of the person's powers under this section.
Failure to comply with authorised person's direction in emergency
101. (1) A person to whom a direction is given under section 100(3)(a) must comply with the direction, unless the person has a reasonable excuse.
Notice of damage
102. (1) This section applies if:
(a) the authorised person damages property when exercising or purporting to exercise a power; or
(b) a person (the other person) acting under the direction or authority of the authorised person damages property.
(2) The authorised person must immediately give written notice of particulars of the damage to the person who appears to the authorised person to be the owner of the property.
(3) If the authorised person believes the damage was caused by a latent defect in the property or circumstances beyond the authorised persons or other person's control, the authorised person may state the belief in the notice.
(4) If, for any reason, it is impracticable to comply with subsection (2), the authorised person must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.
(5) This section does not apply to damage the authorised person reasonably believes is trivial.
"owner, of property", includes the person in possession or control of it.
Part 8: RADIATION HEALTH BOARD
Establishment of Board
103. This section establishes the Radiation Health Board.
Functions of Board
104. (1) The Board has the following functions:
(a) examining, and making recommendations to the Minister about, the following:
(i) the operation and application of this Act;
(ii) proposed amendments of this Act;
(iii) radiation safety standards;
(iv) issues relating to radiation;
(v) research into radiation practices carried out, and the transport of radioactive materials, in the State;
(b) overseeing the operation of any committees established under this Act.
(2) If requested by the Minister, the Board must give the Minister a written report about the performance of its functions.
Membership of Board
105. (1) The Board consists of:
(a) the Chief Executive Officer of the Ministry responsible for Health, as the Chairperson;
(b) the President of the Fiji Society of Medical Radiation Technologists, as the Deputy Chairperson;
(c) the Chief Executive Officer of the Ministry responsible for the Health and Safety at Work Act or a senior officer nominated in writing;
(d) the Director for Environment or a senior officer nominated in writing;
(e) an academic in radiography nominated by the Fiji School of Medicine; and
(f) two other members.
(2) The Minister has the power to appoint members under subsection (1)(d) and (e), and such members may be appointed for a term of not more than 3 years, and are eligible for re-appointment
(3) Any person appointed under subsection (1)(e) shall possess relevant qualifications, experience or expertise in the field of human diagnostic radiology, industrial uses of radiography or any other prescribed qualification, experience or expertise in the field of radiology or radiography.
Disqualification from membership
106. (1) A person can not become, or continue as, an appointed member if the person:
(a) is affected by bankruptcy action; or
(b) is convicted of an offence against this Act or of an offence against any other written law that the warrants that person should not be appointed.
(2) For subsection (1)(a), a person is affected by bankruptcy action if the
Person:
(a) is bankrupt; or
(b) has compounded with creditors; or
(c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.
Vacation of office
107. An appointed member is taken to have vacated office if the member:
(a) resigns by signed notice of resignation given to the Minister; or
(b) can not continue as an appointed member under section 106.
When notice of resignation takes effect
108. A notice of resignation under section 107(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time.
Remuneration of members
109. A member is entitled to be paid the fees and allowances decided by the Higher Salaries Commission.
Division 2: Business of the Board and committees
Conduct of business
110. Subject to this division, the Board may conduct its business, including its meetings, in the way it considers appropriate.
Meetings
111. Board meetings are to be held at least once every 3 months, to be convened by the Chairperson.
Quorum
112. A quorum for a meeting of the Board is 4 members.
Presiding at meetings
113. (1) The chairperson is to preside at all meetings of the Board at which the chairperson is present.
(2) If the chairperson is not present at a meeting of the Board, but the deputy chairperson is present, the deputy chairperson is to preside.
(3) If the chairperson and deputy chairperson are both absent from a meeting of the Board or the offices are vacant, a member chosen by the members present is to preside.
Conduct of meetings
114. (1) A question at a Board meeting is decided by a majority of the votes of the members present.
(2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.
(3) A member present at the meeting who abstains from voting is taken to have voted for the negative.
(4) The Board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.
(5) A member who takes part in a Board meeting under subsection (4) is taken to be present at the meeting.
(6) A resolution is validly made by the Board, even if it is not passed at a Board meeting, if:
(a) a majority of the Board members gives written agreement to the resolution; and
(b) notice of the resolution is given under procedures approved by the Board.
Disclosure of interests by Board members
115. (1) This section applies to a member (the interested member) if:
(a) the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the Board; and
(b) the interest could conflict with the proper performance of the member's duties about the consideration of the issue.
(2) As soon as practicable after the relevant facts come to the interested member's knowledge, the member must disclose the nature of the interest to a Board meeting.
(3) Unless the Board otherwise directs, the interested member must not
(a) be present when the Board considers the issue; or
(b) take part in a decision of the Board about the issue.
(4) The interested member must not be present when the Board is considering whether to give a direction under subsection (3).
(5) If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not:
(a) be present when the Board is considering whether to give a direction under subsection (3) about the interested member; or
(b) take part in making the decision about giving the direction.
(6) If:
(a) because of this section, a member is not present at a Board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and
(b) there would be a quorum if the member were present, the remaining members present are a quorum of the Board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.
(7) A disclosure under subsection (2) must be recorded in the Board's minutes.
Committees
116. (1) The Board may establish committees of the Board for effectively and efficiently performing its functions.
(2) The Board may appoint persons to be members of a committee.
(3) At least one of the members of a committee must be a Board member.
(4) The Board is to decide the terms of reference of a committee.
(5) The function of a committee is to advise and make recommendations to the Board about matters, within the scope of the Board's functions, referred by the Board to the committee.
(6) The Board may decide matters about a committee that are not provided for under this Act, including the way a committee must conduct meetings.
Remuneration of committee members
117. A committee member is entitled to be paid the fees and allowances decided by Higher Salaries Commission.
Appeal
118. (1) A person who is aggrieved by a decision of the Board may appeal to the Minister against the decision.
(2) The notice of appeal must be filed within 28 days after the date the decision was made by the Board.
(3) The Minister may extend the period for filing the notice of appeal.
(4) The notice of appeal must state fully the grounds of the appeal.
(5) For the purposes of this Division, the Minister may exercise the power under section 31 of the Interpretation Act.
Stay of operation of decisions
119. (1) The Minister may direct a stay of the operation of the decision to secure the effectiveness of the appeal.
(2) The stay:
(a) may be given on conditions the Minister considers appropriate; and
(b) operates for the period fixed by the Minister; and
(c) may be revoked or amended by the Minister.
(3) The period of the stay must not extend past the time when the Minister decides the appeal.
(4) The appeal affects the decision, or carrying out of the decision, only if the decision is stayed.
Hearing procedures
120. (1) In deciding the appeal, the Minister:
(a) has the same powers as the Board; and
(b) is not bound by the strict rules of evidence; and
(c) must comply with natural justice.
(2) The appeal is by way of re-hearing.
Powers of Minister on appeal
121. (1) In deciding the appeal, the Minister may:
(a) confirm the review decision; or
(b) amend the review decision; or
(c) substitute another decision for the review decision; or
(d) set aside the review decision and return the issue to the Board with the directions the Minister considers appropriate.
(2) If the Minister amends the review decision or substitutes another decision for the review decision, the amended or substituted decision is, for this Act (other than this part) taken to be the Board's decision.
Limited exemption for radiation source
122. (1) Subject to subsection (2), a regulation may exempt a radiation source from this Act or a provision of this Act.
(2) The exemption must not be one that could reasonably be expected to pose any, or more than negligible, health risks to any person.
Protecting officials from liability
123. The following persons are not personally liable for an act done honestly and without negligence under this Act:
(a) the Minister;
(b) a member of the Board or a committee appointed under this Act; or
(c) any other public officer or person required to exercise any function or power
under this Act.
Impersonation of accredited person
124. A person who pretends to be an accredited person commits an offence and is liable on conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 2years or both.
Delegation by Board
125. (1) The Board may delegate the Board's powers under this Act to an appropriately qualified public officer.
(2) In this section, "appropriately qualified" includes having the qualifications, experience or standing appropriate to exercise the power.
Approval of forms
126. Where a provision of this Act requires the use of approve forms, the Board may approve such forms.
Register to be kept
127. (1) The Board must keep a register about:
(a) licensees;
(b) accredited persons;
(c) qualified persons;
(d) radiation analysts.
(2) The register must contain the information prescribed under a regulation.
(3) The register may be kept in any way the chief executive considers appropriate.
Inspection of register
128. The Board must:
(a) keep the register open for inspection, free of charge, by members of the public during office hours on business days at the department's office dealing with radiation health and safety; and
(b) allow a person to take extracts, free of charge, from the register; and
(c) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.
Act to be read with other laws
129. (1) This Act is in addition to any other written laws regulating ionising radiation and harmful non-ionising radiation.
(2) If a provision of such written laws is inconsistent with a provision of this Act, the provision of this Act prevails to the extent of the inconsistency.
Regulations
130. (1) The Minister may make regulations to give effect to the provisions of this Act, and in particular the following:
(a) the setting of radiation dose limits;
(b) accreditation certificates, radiation safety officer certificates, approvals or licences;
(c) certificates of compliance for:
(i) radiation sources; or
(ii) premises at which radioactive substances are stored; or
(iii) premises at which radiation sources are used to carry out radiation practices;
(d) the disposal of:
(i) radiation sources or radioactive material; or
(ii) containers that have been used for the transport or storage of radioactive material; or
(iii) apparatus that once contained a sealed radioactive substance;
(e) the irradiation of persons for diagnostic and therapeutic purposes;
(f) the way in which the concentration or activity of the radionuclide in radioactive material is to be decided;
(g) fees (including the refunding of fees) and forms for this Act;
(h) the keeping of the register for this Act;
(i) imposing a fine not exceeding $50,000 or to term of imprisonment not exceeding 4 years or both for a contravention of a provision of regulations.
(2) For the definition "radioactive substance" in section 2, different prescriptions of the concentration or activity of a radionuclide may be made, having regard to the provision in which the term is used or is relevant.
Repeal and transitional
131. (1) The Ionising Radiations Act (Cap.102) is repealed.
(2) At the commencement of this Act, a person who is in possession or is using a radiation source and is required to be licensed by this Act shall continue to be in possession or to use the radiation source as if the person has been licensed under this Act.
(3) The person mentioned in subsection (2) shall apply for a possession licence or a use licence within 12 months from the date this Act commences.
Office of the Attorney General
Level 5-7 Suvavou House
SUVA
July 2006
EXPLANATORY NOTE
[This Note is not part of the Bill and only to indicate its effect and implications]
1.0 BACKGROUND
1.1 The Bill seeks to control use of ionising radiation and harmful non-ionising radiation. The purposes of the Bill are:
(a) to regulate the possession, use and transportation of radiation sources;
(b) to regulate the radiation safety standards and protection plans;
(c) to regulate acquisition, supply and relocation of radiation sources and disposal of radioactive materials and apparatus;
(d)<