South Australian Consolidated Regulations South Australian Consolidated Regulations (1) In these
regulations, unless the contrary intention appears—
"absorbed dose" means the energy absorbed per unit mass by matter from
ionising radiation that impinges on it, as defined in Annex B of the
NHMRC and NOHSC Recommendations;
"Act" means the Radiation Protection and Control Act 1982 ;
"adequately shielded", in relation to a component of an X-ray
analysis apparatus, means that the equivalent dose rate as measured at any
accessible point 50mm from the surface of the component does not exceed 25
microsievert per hour when the X-ray tube is operated at any of the
permissible ratings specified by the manufacturer of the
X-ray analysis apparatus;
"annual effective dose"—see regulation 5;
"annual limit on intake" means a quantity of a radionuclide which, if taken
into the body during one year, would lead to a committed effective dose equal
to the annual effective dose limit for a radiation worker specified in
Division 2 of Part 2;
"aperture" means a gap in the protective material of a tube housing through
which ionising radiation from an X-ray tube within the tube housing may pass
with little or no attenuation;
"apparatus" means ionising radiation apparatus;
"approved" means approved by the Minister;
"ARPANSA" means the Australian Radiation Protection and Nuclear Safety Agency
of the Commonwealth;
"AS" means a standard published or approved by Standards Australia, as in
force from time to time;
"bore hole logging" means the use of a sealed radioactive source to acquire
geophysical information about geological strata by lowering the source and a
detector down a bore hole which has been drilled through the strata being
investigated;
"bore hole logging tool" means a device containing a sealed radioactive source
that is designed and constructed to be lowered and raised at the end of a
cable during bore hole logging;
"cabinet X-ray unit" means apparatus in a shielded enclosure into which
articles may be placed for radiographic (including fluoroscopic) examination;
"chiropractor" means a person registered under the Health Practitioner
Regulation National Law to practise in the chiropractic profession (other than
as a student);
"committed effective dose" means the effective dose that a person is committed
to receive from an intake of radioactive material as defined in Annex B of the
NHMRC and NOHSC Recommendations;
"committed equivalent dose" means the equivalent dose that an organ or tissue
is committed to receive from an intake of radioactive material as defined in
Annex B of the NHMRC and NOHSC Recommendations;
"consumer product" means a device, article or thing that contains a
radioactive substance and is designed and constructed for personal or domestic
use and not for use during the course of employment or the carrying on of any
occupation, but does not include an ionisation chamber smoke detector approved
by the Minister;
"cumulative" means the sum of all the results obtained for a parameter since
the beginning of the relevant year;
"dental hygienist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b) in
the dental hygienists division of that profession;
"dental radiologist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b)
holding specialist registration as a dental radiologist;
"dental therapist" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b) in
the dental therapists division of that profession;
"dentist" means a person registered under the Health Practitioner Regulation
National Law —
(a) to
practise in the dental profession as a dentist (other than as a student); and
(b) in
the dentists division of that profession;
"dento-maxillofacial radiologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the dental profession (other than as a student); and
(b)
holding specialist registration as a dento-maxillofacial radiologist;
"designated employee" means an employee involved in operations that are
subject to a licence under section 23A or 24 of the Act and who is likely
to receive significant doses greater than 5 mSv per year;
"disposal", in relation to a radioactive substance, does not include sale;
"durably marked", in relation to an article, device or thing, means that the
article, device or thing is so marked that it is likely to retain the
marking—
(a)
during its normal working life; and
(b)
despite any occurrence or accident that is reasonably foreseeable as being
likely to happen to the article, device or thing, or in which the article,
device or thing may become involved;
"effective dose" means a measure of dose that takes into account both the
radiation involved and the radiological sensitivities of the organs or tissue
irradiated as defined in Annex B of the NHMRC and NOHSC Recommendations;
"equivalent dose" means a measure of dose in organs and tissue that takes into
account the type of radiation involved as defined in Annex B of the
NHMRC and NOHSC Recommendations;
"emergency exposure" means a voluntary exposure to ionising radiation in an
emergency situation;
"enclosed X-ray analysis apparatus" means X-ray analysis apparatus that
complies with regulation 68(3);
"external radiation", in relation to the exposure of a natural person to
ionising radiation, means ionising radiation that is not internal radiation;
"fail safe", in relation to a warning device or interlock, means that the
failure of the device or interlock results in the inability to produce useable
ionising radiation from the apparatus or sealed radioactive source to which
the device or interlock is connected;
"fixed apparatus" means any apparatus that is neither a mobile apparatus nor a
portable apparatus;
"fully protected enclosure", in relation to industrial radiography, means an
enclosure on or in respect of which—
(a) all
doors and other openings into the enclosure are interlocked with either the
apparatus or the source control mechanism so that the apparatus is
de-energised or the source is returned to the shielded ("off") position
whenever a door or other opening is opened; and
(b) a
warning device inside the enclosure sounds continuously for at least five
seconds when an exposure commences; and
(c) a
red warning light marked "Radiation On" that remains on throughout an
exposure, is readily visible from all normal routes of access; and
(d) the
warning lights are fail safe; and
(e) the
equivalent dose rate at a distance of 50mm from any readily accessible point
on the surface of the enclosure never exceeds 25 microsievert per hour; and
(f) a
door can be readily opened from inside the enclosure;
"gaseous tritium light device" means an instrument, device, article or thing
that contains one or more gaseous tritium light sources;
"gaseous tritium light source" means a sealed glass container filled with
gaseous tritium and coated internally with a phosphor;
"general objective" means the objective contained in section 23 of the Act;
"group", in relation to a radionuclide, means the group to which the
radionuclide is assigned in Schedule 1;
"industrial radiography" means the process of radiographing the whole or any
part of any pipes, welds, vessels, or any other constructed, fabricated or
manufactured object or article by the use of a sealed radioactive source or an
apparatus other than a cabinet X-ray unit;
"internal radiation", in relation to the exposure of a person to ionising
radiation, means ionising radiation from a radioactive substance located
within the person's body;
"ionisation chamber smoke detector" means a device containing a radioactive
substance that is designed and constructed to detect the presence of smoke or
other combustion product aerosols;
"laboratory" means premises in which unsealed radioactive substances
are—
(a) used
for the purposes of scientific investigation or testing; or
(b)
prepared for use for the treatment of patients or for medical or scientific
investigation or testing; or
(c)
prepared for sale;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"member of the public" means a person who is not a radiation worker;
"mineral sands operation" means an operation involving the separation of heavy
minerals from mineral sands ore or further processing of the heavy minerals;
"Mining Code" means the Code of Practice and Safety Guide entitled Radiation
Protection and Radioactive Waste Management in Mining and Mineral Processing
(2005) published by the Chief Executive Officer of ARPANSA, as in force from
time to time;
"mobile apparatus" means apparatus that is designed and constructed so as to
be moveable from place to place for use as required but does not include a
portable apparatus;
"National Directory for Radiation Protection" means the document of that name
published by the Chief Executive Officer of ARPANSA, as in force from time to
time;
"NHMRC and NOHSC Recommendations" means the Recommendations for limiting
exposure to ionizing radiation (1995) (Guidance note [NOHSC:3022(1995)]) and
the National standard for limiting occupational exposure to ionizing radiation
(1995) [NOHSC:1013(1995)] adopted or endorsed by the National Health and
Medical Research Council and published as Radiation Health Series No. 39 in
June 1995 by the Commonwealth Department of Human Services and Health (ISBN
0644 35659 6);
"normal operation", in relation to X-ray analysis apparatus, means the
step-by-step procedures necessary to accomplish X-ray analysis, including
sample insertion and manipulation, equipment alignment and data recording;
"open-beam X-ray analysis system" means an X-ray analysis system that does not
comply with regulation 68(3) or regulation 68(4) but complies with
regulation 68(5);
"oral and maxillofacial radiologist" means a person registered under the
Health Practitioner Regulation National Law —
(a) to
practise in the dental profession as a dentist (other than as a student); and
(b)
holding specialist registration as an oral and maxillofacial radiologist;
"oral and maxillofacial surgeon" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the dental profession as a dentist (other than as a student); and
(b)
holding specialist registration as an oral and maxillofacial surgeon;
"partly enclosed X-ray analysis apparatus" means X-ray analysis apparatus that
does not comply with regulation 68(3) but complies with
regulation 68(4);
"physiotherapist" means a person registered under the Health Practitioner
Regulation National Law to practise in the physiotherapy profession (other
than as a student);
"plain radiography" means the technique for obtaining, recording and
processing directly or after transfer, static information contained in an
X-ray image at an image receptor where the X-ray tube is stationary throughout
the exposure;
"podiatrist" means a person registered under the Health Practitioner
Regulation National Law to practise in the podiatry profession (other than as
a student);
"portable apparatus" means any apparatus that is designed to be carried
manually from place to place for use as required;
"primary beam" means that part of the X-radiation that passes through an
aperture of a tube housing by a direct path from an X-ray tube;
"radiation accident" means an abnormal occurrence in which a
source of ionising radiation is out of control and in which one or more of the
following occurs:
(a)
control over the source of ionising radiation is not totally regained;
(b) a
significant dispersal of radioactive substances takes place;
(c) a
person receives or is likely to have received an effective dose or intake of
radioactive substances of at least twice the amount of that which he or she is
likely to receive during the course of operations normally carried out with
the source of ionising radiation involved;
"radiation emergency" means a situation in which a source of
ionising radiation is out of control to such an extent that the continued
exposure of a person to excessive amounts of ionising radiation while the
source of ionising radiation remains out of control is unavoidable unless the
normal functions or operations of the facility or place in which the
source of ionising radiation is being used are grossly disrupted (and for the
purposes of this
definition "excessive amounts of ionising radiation" means effective doses or
intakes of radioactive substances that, if continued for the normal hours of
occupancy of the facility or place for three months, would result in an
exposure contrary to Division 2 of Part 2);
"radiation incident" means an abnormal occurrence in which a
source of ionising radiation is temporarily out of control, but in which no
significant dispersal of any radioactive substance takes place, and in which
no person receives or is likely to have received an effective dose or an
intake of any radioactive substance more than twice that which is likely to
occur during any operation normally carried out with that
source of ionising radiation (and for the purposes of this definition, an
abnormal occurrence involving radioactive substances is not to be regarded as
being a radiation incident unless—
(a) if
the occurrence is one in which a radioactive substance is swallowed by a
person—the activity of the radioactive substance swallowed exceeds the
following amounts:
for group 1 radionuclides: 5 kBq
for group 2 radionuclides: 50 kBq
for group 3 radionuclides: 500 kBq
for group 4 radionuclides: 5 MBq; or
(b) in
any other case—the activity of the radioactive substance involved
exceeds the following amounts:
for group 1 radionuclides: 50 kBq
for group 2 radionuclides: 500 kBq
for group 3 radionuclides: 5 MBq
for group 4 radionuclides: 50 MBq);
"radiation gauge" means a device containing a sealed radioactive source that
uses the detection of a beam of radiation transmitted through or scattered by
an item or material of interest to measure a parameter associated with the
item or material of interest, including the whole of the device, consisting of
the sealed source, the source container or housing, and the detector and
associated controls, but does not include a device that does not need to be
permanently fixed in place to be used;
"radiation symbol" means the radiation symbol described and shown in Schedule
2;
"radiation worker" means a person who by reason of his or her profession,
trade or occupation—
(a) uses
any source of ionising radiation; or
(b) is
directly involved in any activity or operation in which any source
of ionising radiation is used and who may be exposed to ionising radiation
from that source as a result of being directly involved in such activity or
operation; or
(c) is a
designated employee; or
(d) is
directly involved in the transport of a radioactive substance and is likely in
the course of that profession, trade or occupation to receive an
annual effective dose in excess of 1 millisievert;
"registrable device" means a device or instrument that contains a sealed
radioactive source which is required to be registered under section 30 of the
Act;
"registered nurse" means a person registered under the Health Practitioner
Regulation National Law —
(a) to
practise in the nursing and midwifery profession as a nurse (other than as a
student); and
(b) in
the registered nurses division of that profession;
"revoked Health Act regulations" means the Radioactive Substances and
Irradiating Apparatus Regulations 1962 made under the
Health Act 1935 on 29 March 1962 (see Gazette 29.3.1962 p661 ), as
varied;
"sell" means—
(a)
sell; or
(b)
supply by way of barter, exchange or gift; or
(c) let
on hire; or
(e)
authorise, direct, cause, suffer or permit any of the acts referred to in
paragraphs (a) to (d);
"shutter" means a controllable aperture cover that adequately shields an
aperture when closed;
"significant dispersal" means a dispersal of a radioactive substance where the
activity of that radioactive substance exceeds the following amounts:
for group 1 radionuclides: 50 kBq
for group 2 radionuclides: 500 kBq
for group 3 radionuclides: 5 MBq
for group 4 radionuclides: 50 MBq,
but does not include the dispersal of a radioactive substance that is in
accordance with Division 4 of Part 5;
"site radiography" means industrial radiography other than that done within a
fully protected enclosure;
"source container" means an enclosure for a sealed radioactive source that
provides, by shielding and by distance, protection against radiation emitted
by the source;
"source holder", in relation to bore hole logging, means the component of a
bore hole logging tool that—
(a)
houses the sealed radioactive source to protect it from damage; and
(b) fits
into the source container when the source is not being used; and
(c) fits
onto the bore hole logging tool when the source is being used;
"source of ionising radiation" means an apparatus or a radioactive substance
to which these regulations apply;
"specialist dermatologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a dermatologist;
"specialist in nuclear medicine" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding registration as a specialist in nuclear medicine;
"specialist medical oncologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a medical oncologist;
"specialist nuclear medicine physician" means a person registered under the
Health Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a nuclear medicine physician;
"specialist opthalmologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as an opthalmologist;
"specialist paediatric medical oncologist" means a person registered under the
Health Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a paediatric medical oncologist;
"specialist paediatric nuclear medicine physician" means a person registered
under the Health Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a paediatric nuclear medicine physician;
"specialist radiation oncologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a radiation oncologist;
"specialist radiologist" means a person registered under the Health
Practitioner Regulation National Law —
(a) to
practise in the medical profession (other than as a student); and
(b)
holding specialist registration as a radiologist;
"specified employer" means a person—
(a) who
employs a radiation worker; or
(b) who
is a registered occupier; or
(c) in
whose name a sealed radioactive source or ionising radiation apparatus is
registered under Part 3 of the Act; or
(d) who
holds a licence granted under section 24 of the Act;
"technologically enhanced", in relation to exposure to natural background
radiation, means exposure resulting from natural sources of radiation whose
original state has been changed by human activity in such a way that the
exposure of any person to ionising radiation has been increased;
"tube housing", in relation to an ionising radiation apparatus, means a
container in which an X-ray tube is mounted for normal use, providing
protection against electric shock and against ionising radiation except for an
aperture for the useful beam;
"type", in relation to premises in which an unsealed radioactive substance is
kept or handled, means the type of premises established by the classification
scheme set out in Schedule 3;
"veterinary surgeon" means a person registered on the general register or on
both the general register and the specialist register under the
Veterinary Practice Act 2003 ;
"X-ray analysis apparatus" means an apparatus that is used to analyse the
properties or composition of materials by the techniques of X-ray fluorescence
or X-ray diffraction;
"X-ray analysis system" means apparatus that consists of an
X-ray analysis apparatus and ancillary devices or equipment necessary to
determine the elemental composition or to examine the microstructure of
matter, but does not include power supplies, transformers, amplifiers, readout
devices and associated electronics and control panel;
"X-ray tube", in relation to an ionising radiation apparatus, means an
evacuated glass envelope in which electrons are accelerated for the purposes
of the production of ionising radiation.
(2) In these
regulations a reference to a radiation worker being employed by a
specified employer is to be taken to include the acceptance of a person
as—
(a) a
voluntary worker; or
(b) a
student,
and the person who accepts a person as a voluntary worker or student will, for
the purposes of these regulations, be taken to be a specified employer in
relation to that person.
(3) If a person who is
a specified employer engages an independent contractor to carry out for the
specified employer radiation work of a kind normally carried out by the
specified employer, that person is, for the purposes of these regulations, to
be taken to be a specified employer in relation to—
(a) that
independent contractor; and
(b) any
person employed by that independent contractor to do the radiation work that
the independent contractor has been engaged to carry out.
(4) In
subregulation (3)—
"radiation work" means work of the kind referred to in the
definition of "radiation worker" in subregulation (1).
(5) In these
regulations, a reference to a radioactive substance or sealed radioactive
source is to be taken to be a reference to a radioactive substance or sealed
radioactive source to which these regulations apply.
(6) In these
regulations a requirement on a specified employer to do or provide any matter
or thing for or in relation to a radiation worker employed by the
specified employer is, in relation to a specified employer who is himself or
herself a radiation worker, to be taken to require that the person do or
provide for himself or herself any matter or thing that a specified employer
would be required to provide for or in relation to a radiation worker employed
by him or her.