Queensland Consolidated Acts

RADIATION SAFETY ACT 1999

- As at 15 November 2023 
- Act 20 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Operation of Act

   3.      Act binds all persons

           Division 3 - Objects

   4.      Main object of Act and its achievement

           Division 4 - Radiation safety, protection and security principles

   5.      Guiding principles

           Division 5 - Interpretation

   6.      Interpretation to promote radiation safety, protection and security principles
   7.      Dictionary
   8.      When a possession licensee is taken to remain in possession of a radiation source
   9.      Meaning of use in relation to a radiation source or the carrying out of a radiation practice
   10.     Meaning of carry out in relation to a radiation practice
   11.     Meaning of radiation practice

   PART 2 - LICENCES

   12.     Requirement for possession licence
   13.     Requirement for use licence
   14.     Requirement for transport licence—transport by road
   15.     Requirement for transport licence—transport otherwise than by road

   PART 3 - RADIATION SAFETY STANDARDS AND CERTIFICATES OF COMPLIANCE

           Division 1 - Radiation safety standards

   16.     Making of radiation safety standards

           Division 2 - Obligations of possession licensees in relation to radiation safety standards

   17.     Obligations of possession licensees

           Division 3 - Certificates of compliance

   18.     When a possession licensee must obtain a certificate of compliance
   19.     Circumstances for giving certificate of compliance
   20.     Assessment report
   21.     Amendment of assessment report—all requirements complied with
   22.     Amendment of assessment report—some requirements complied with

   PART 4 - ACQUISITION, SUPPLY AND RELOCATION OF RADIATION SOURCES

   23.     Who may acquire a radiation source
   24.     Supply of radiation sources
   25.     Person must not relocate a radiation source without approval

   PART 5 - DISPOSAL OF RADIOACTIVE MATERIAL AND RADIATION APPARATUS AND ABANDONING OF RADIATION SOURCES

   26.     Disposal of radioactive material
   27.     Notification of disposal of radiation apparatus
   27A.    Person must not abandon radiation source

   PART 6 - OTHER RADIATION SAFETY, PROTECTION AND SECURITY PROVISIONS

           Division 1 - Radiation safety and protection plans

              Subdivision 1 - Interpretation

   28.     What is a radiation safety and protection plan

              Subdivision 2 - Approval of, and amendment of approved, radiation safety and protection plans

   29.     Approval of radiation safety and protection plan
   30.     Changing approved radiation safety and protection plan—chief executive’s initiative
   31.     Changing approved radiation safety and protection plan—application by possession licensee
   32.     Recording change of approved radiation safety and protection plan

              Subdivision 3 - Obligations in relation to approved radiation safety and protection plans

   33.     Obligations in relation to approved radiation safety and protection plan—possession licensees
   34.     Obligations in relation to approved radiation safety and protection plan—persons carrying out a radiation practice

           Division 1A - Security plans

              Subdivision 1 - Interpretation

   34A.    What is a security plan

              Subdivision 2 - Approval of, and amendment of approved, security plans

   34B.    Approval of security plan
   34C.    Changing approved security plan—chief executive’s initiative
   34D.    Changing approved security plan—application by possession licensee
   34E.    Recording change of approved security plan

              Subdivision 3 - Obligations in relation to approved security plans

   34F.    Obligations in relation to approved security plan—possession licensees
   34G.    Obligations in relation to approved security plan—access of persons to security enhanced source

           Division 1B - Transport security plans

              Subdivision 1 - Interpretation

   34H.    What is a transport security plan

              Subdivision 2 - Approval of, and amendment of approved, transport security plans

   34I.    When a person must have a transport security plan
   34J.    Application for approval of transport security plan
   34K.    Inquiries into applications
   34L.    Decision
   34M.    Failure to decide applications
   34N.    Changing approved transport security plan—chief executive’s initiative
   34O.    Changing approved transport security plan—application by transport security plan holder
   34P.    Recording change of approved transport security plan

              Subdivision 3 - Obligations in relation to approved transport security plans

   34Q.    Obligations in relation to approved transport security plan—transport security plan holder
   34R.    Obligations in relation to approved transport security plan—access of persons to security enhanced source

           Division 2 - Radiation safety officers

              Subdivision 1 - Appointment of radiation safety officers

   35.     When radiation safety officers must be appointed
   36.     Who may be appointed

              Subdivision 2 - Functions of radiation safety officers

   37.     Functions

           Division 3 - Radiation monitoring

   38.     Radiation monitoring—possession and use licensees
   39.     Obligations about personal monitoring records—certain possession licensees
   40.     Other obligations in relation to personal monitoring records

           Division 4 - Diagnostic or therapeutic procedures involving the irradiation of persons

   41.     Diagnostic or therapeutic procedures

           Division 5 - Limitation on exposure of any person to radiation

   42.     Causing radiation exposure from radiation practice
   42A.    Causing ionising radiation exposure from particular radioactive material

           Division 6 - Additional obligations of possession licensees and other persons

   43.     Additional obligations of possession licensees
   44.     Additional obligation of persons carrying out radiation practices
   44A.    Additional obligations of persons for security enhanced sources
   44B.    Requirement to have a nominated person

           Division 7 - Mandatory reporting requirements

   45.     Notification of dangerous events
   46.     False or misleading notices

           Division 8 - Banned radiation sources and radiation practices

   47.     Banning of certain radiation sources
   47A.    Banning of certain radiation practices

   PART 7 - ACT INSTRUMENTS

           Division 1 - Preliminary

   48.     What is an Act instrument
   49.     Who may apply for Act instruments
   50.     Act instrument issued jointly to more than 1 person
   50A.    No Act instruments for banned radiation sources

           Division 2 - Applications for, and issue of, Act instruments

              Subdivision 1 - Applications

   51.     Procedural requirements for applications
   52.     Different types of approval to acquire a radiation source

              Subdivision 2 - Criteria for applications

   53.     Criteria for applications—possession licences
   54.     Criteria for applications—use licences
   55.     Criteria for applications—transport licences
   56.     Criteria for applications—accreditation certificates
   57.     Criteria for applications—approvals to acquire
   58.     Criteria for applications—approvals to dispose
   59.     Criteria for applications—approvals to relocate
   60.     Criteria for applications—radiation safety officer certificates

              Subdivision 3 - Decision on applications

   61.     Inquiries into applications
   62.     Decision
   63.     Failure to decide applications
   64.     Further consideration of applications for licences

              Subdivision 4 - Information in Act instruments

   65.     Forms of Act instruments
   66.     Additional information for possession licences
   67.     Additional information for use licences
   68.     Additional information for transport licences
   69.     Additional information for accreditation certificates
   70.     Additional information for approvals to acquire
   71.     Additional information for approvals to dispose
   72.     Additional information for approvals to relocate
   73.     Additional information for radiation safety officer certificates

              Subdivision 5 - Terms of Act instruments

   74.     Terms

              Subdivision 6 - Conditions of Act instruments

   75.     Standard conditions for certain Act instruments
   76.     Imposition of conditions by chief executive
   77.     Contravention of condition

           Division 3 - Renewal of certain Act instruments

   78.     Application of div 3
   79.     Applications for renewal
   80.     Inquiries into applications
   81.     Renewable Act instrument taken to be in force while application is considered

           Division 4 - Provisions about suspension and cancellation of Act instruments

              Subdivision 1 - Suspension and cancellation of Act instruments

   82.     Grounds for suspension or cancellation
   83.     Show cause notice
   84.     Representations about show cause notices
   85.     Ending show cause process without further action
   86.     Suspension or cancellation
   87.     Return of cancelled Act instrument to chief executive
   88.     Immediate suspension of licence or accreditation certificate pending formal cancellation procedure

              Subdivision 2 - Effect of suspension or cancellation of possession licences on certain other Act instruments

   89.     Effect of suspension or cancellation of possession licences—approvals to acquire
   90.     Effect of suspension or cancellation of possession licences—approvals to relocate

              Subdivision 3 - Effect of suspension or cancellation of radiation safety officer certificates on radiation safety officer appointments

   91.     Effect of suspension or cancellation

           Division 5 - Change in circumstances of holders of certain Act instruments

   92.     Notification of change in circumstances
   93.     Endorsement of change on Act instrument

           Division 6 - Changing conditions of certain Act instruments

   94.     Application of div 6
   95.     Changing conditions of conditional Act instruments—chief executive acting on own initiative
   96.     Changing conditions of conditional Act instruments—application by holders
   97.     Recording change of conditions
   98.     Further consideration of applications under s 96

           Division 7 - Surrender of Act instruments

   99.     Surrender of Act instruments
   100.    Obligations on surrender of radiation safety officer certificates

           Division 8 - General provisions about Act instruments

   101.    Replacement of Act instruments
   102.    Transfer of Act instrument prohibited

           Division 9 - False or misleading statements by applicants

   103.    False or misleading statements

           Division 10 - Security and criminal history checks for applicants for Act instruments

   103A.   Persons for whom security and criminal history checks may be conducted
   103B.   Criminal history check etc.
   103C.   Security check
   103D.   Commissioner of police must notify changes in criminal history
   103E.   When chief executive must give a person details of information received about the person
   103F.   Representations about information in notice
   103G.   When chief executive may give information to possession licensee or transport security plan holder
   103H.   Changes in criminal history
   103I.   Requirements for disclosure of changes in criminal history
   103J.   Failure to disclose changes in criminal history

           Division 11 - Particular persons taken to hold use and transport licences

   103K.   Regulation may prescribe persons who are taken to hold use or transport licence
   103L.   Considerations before making a regulation

   PART 8 - MONITORING, INVESTIGATION AND ENFORCEMENT

           Division 1 - Inspectors

   104.    Functions of inspectors
   105.    Powers of inspectors

           Division 2 - Appointment of inspectors and other matters

   106.    Appointments
   107.    Appointment conditions
   108.    Identity cards
   109.    Failure to return identity card
   110.    Production or display of inspector’s identity card

           Division 3 - Powers of inspectors

              Subdivision 1 - Entry of places

   111.    Power to enter places

              Subdivision 2 - Procedure for entry

   112.    Consent to entry
   113.    Application for warrant
   114.    Issue of warrant
   115.    Special warrants
   116.    Warrants—procedure before entry

              Subdivision 3 - Powers after entry

   117.    General powers after entering places
   118.    Additional power after entering public place under s 111(1)(b)
   119.    Failure to comply with requirement not to enter or remain at a place
   120.    Failure to help inspector
   121.    Failure to give information

              Subdivision 4 - Restrictions on exercise of powers

   122.    Restrictions—places where persons are irradiated during a diagnostic or therapeutic procedure
   123.    Restrictions—inspection of health records

              Subdivision 5 - Vehicles

   124.    Stopping vehicle

              Subdivision 6 - Power to seize evidence and dangerous things

   125.    Seizing evidence at a place that may be entered without consent or warrant
   126.    Seizing evidence at a place that may only be entered with consent or warrant
   127.    Inspector’s power to seize dangerous things
   128.    Waiver of requirement for possession licence or transport licence
   129.    Securing seized things
   130.    Tampering with seized things
   131.    Powers to support seizure
   132.    Receipts for seized things
   133.    Forfeiture of seized things
   134.    Forfeiture on conviction
   135.    When forfeited thing is a radiation source
   136.    Dealing with forfeited things etc.
   137.    Return of seized things
   138.    Access to seized things

              Subdivision 7 - Improvement and prohibition notices

   139.    Improvement notices
   140.    Prohibition notices
   141.    Orders to secure compliance with notices

              Subdivision 8 - Power to obtain information

   142.    Power to require name and address
   143.    Failure to give name or address
   144.    Power to require production of documents
   145.    Failure to produce document
   146.    Failure to certify copy of document
   147.    Power to require information

              Subdivision 9 - Emergency powers of inspectors

   148.    Emergency powers
   149.    Failure to comply with authorised person’s direction in emergency

           Division 4 - General enforcement matters

   150.    Notice of damage
   151.    Compensation
   152.    False or misleading statements
   153.    False or misleading documents
   154.    Obstructing inspectors
   155.    Impersonation of inspectors

           Division 5 - State radiation analysts

   156.    Functions of State radiation analysts
   157.    Appointment of State radiation analysts
   158.    State radiation analyst’s appointment conditions
   159.    Measurements, tests and analyses
   160.    Certificates must indicate methodology used

   PART 9 - RADIATION ADVISORY COUNCIL

           Division 1 - Establishment and functions

   161.    Establishment of council
   162.    Functions of council

           Division 2 - Membership

   163.    Membership of council
   164.    Term of appointment for appointed members
   165.    Chairperson and deputy chairperson of council
   166.    Disqualification from membership
   167.    Vacation of office
   168.    When notice of resignation takes effect
   169.    Remuneration of members

           Division 3 - Council business

   170.    Conduct of business
   171.    Time and place of meetings
   172.    Quorum
   173.    Presiding at meetings
   174.    Conduct of meetings
   175.    Minutes
   176.    Disclosure of interests by council members

           Division 4 - Council committees

   177.    Committees
   178.    Remuneration of committee members

           Division 5 - Other provisions about the council

   179.    Administrative support for council
   180.    Giving information to council
   181.    Annual report

   PART 10 - REVIEWS

           Division 1 - Internal review of decisions

   182.    Review process starts with internal review
   183.    Application for review to be made to the chief executive
   184.    Applying for review
   185.    Referral of application for review to council for advice
   186.    Review decision
   187.    Stay of operation of original decision

           Division 2 - External review of decisions

   188.    Who may apply for external review
   189.    (Repealed)
   190.    (Repealed)
   191.    (Repealed)
   192.    (Repealed)
   193.    (Repealed)
   194.    (Repealed)

   PART 11 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   195.    Application of division
   196.    Appointments and authority
   197.    Signatures
   198.    Evidentiary aids

           Division 2 - Proceedings

   199.    Summary proceedings for offences
   200.    Recovery of costs of avoiding or minimising adverse effects
   201.    Court may order payment of compensation etc.
   202.    Recovery of costs of investigation
   203.    Application for order for payment of costs or compensation under s 200, 201 or 202
   204.    Responsibility for acts or omissions of representatives
   205.    Liability of executive officer—particular offences committed by corporation
   205A.   Executive officer may be taken to have committed offence
   206.    Allegations of false or misleading information or statements

   PART 12 - REGISTER AND INFORMATION

           Division 1 - Register

   207.    Register to be kept
   208.    Inspection of register

           Division 2 - Information

   209.    Confidentiality of information

   PART 13 - MISCELLANEOUS

   210.    Limited exemption for radioactive material and radiation apparatus
   211.    Protecting officials from liability
   212.    Impersonation of accredited person
   213.    Delegation by chief executive
   214.    Approval of forms
   215.    Regulation-making power

   PART 14 - REPEAL, SAVING AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   216.    Repeal of Radioactive Substances Act 1958

           Division 2 - Saving of certain regulation

   217.     Exemption from expiry of Radioactive Substances Regulation 1961

           Division 3 - Transitional provisions for Act No. 20 of 1999

   218.    Definitions for div 3
   219.    References to repealed Act
   220.    Existing licences
   221.    Existing applications for column 1 licences
   222.    Carrying out radiation practice—holder of deemed possession licence
   223.    Successful application by holder of deemed possession licence for new possession licence
   224.    Radiation safety officers
   225.    Existing exemptions
   226.    Appeals
   227.    Offences
   228.    Things seized
   229.    Suspended licences
   230.    Substances

           Division 4 - Transitional provisions for Radiation Safety Amendment Act 2010

   231.    Definitions for div 4
   232.    Transitional provision relating to security plans for possession licensees
   233.    Transitional provision for use licensees
   234.    Transitional provision for transport licensees
   235.    Transitional provision for transport security plans

           Division 5 - Transitional provision for Health and Other Legislation Amendment Act 2014

   236.    Transitional provision for records of Radiological Advisory Council

           Division 6 - Transitional provision for Health and Other Legislation Amendment Act 2019

   237.    Expiry of particular existing licences
           SCHEDULE 1
           SCHEDULE 2