Western Australian Consolidated Acts

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RADIATION SAFETY ACT 1975 - SECT 4

4 .         Terms used

                In this Act unless the context otherwise requires — 

        authorised officer means a person who is appointed in writing by the Executive Director;

        Council means the Radiological Council established pursuant to section 13;

        electronic product means a manufactured or assembled article, or any component, part or accessory of a manufactured or assembled article, which when in operation contains or acts as part of an electrical circuit, or which acts by electro-magnetic amplification employing a resonant space, and emits (or in the absence of effective shielding or other control would emit) — 

            (a)         ionising or non-ionising, electro-magnetic, or particulate radiation; or

            (b)         any sonic, infrasonic or ultrasonic wave,

        save that the provisions of this Act shall not apply thereto except in so far as is prescribed;

        Executive Director means the Executive Director, Public Health and Scientific Support Services of the department of the Public Service of the State principally assisting the Minister in the administration of this Act;

        irradiating apparatus means any apparatus capable of producing ionising radiation of any prescribed type, or capable of accelerating atomic particles under any prescribed conditions;

        medical radiation technologist has the meaning given to that term in section 3 of the Medical Radiation Technologists Act 2006 ;

        owner , used in relation to any substance, apparatus, product, article or premises, means the person to whom it belongs or the hirer, lessee, borrower, bailee, or mortgagee in possession, thereof, and includes any attorney, agent, manager, foreman, supervisor or other person in charge or having control or management thereof, or any person acting or representing himself to be acting for an owner; and the concept of possession shall be construed accordingly;

        purchaser includes any person, other than a carrying agent, acting on behalf of a purchaser;

        radioactive substance means any substances, whether natural or artificial, and whether in the form of a solid, a liquid, a gas, or a vapour, or any compound or mixture, including any article that has been manufactured or subjected to any artificial treatment or process, which consists of or contains more than the maximum prescribed concentration of any radioactive element, whether natural or artificial;

        sell , without limiting the scope of the primary meaning, includes — 

            (a)         placing on the market for sale;

            (b)         bargaining, barter, exchange, loaning or giving;

            (c)         supply and use under a contract for work and materials;

            (d)         dealing in, or agreeing, causing, permitting or attempting to sell or allowing to be sold;

            (e)         offering, exposing, receiving, supplying or possessing for the purposes of sale;

            (f)         sending or delivering for sale or on sale with or without consideration;

            (g)         supply or disposal under hire purchase, credit sale or otherwise upon terms; and

            (h)         wholesale, bulk, and retail trading,

        and the concepts of sale and purchase shall be construed accordingly;

        seller includes any person acting or representing himself to be acting for a seller; and

        the repealed Acts means the Acts repealed by this Act pursuant to section 5.

        [Section 4 amended by No. 63 of 1981 s. 4; No. 28 of 1984 s. 96 and 97; No. 21 of 2006 Sch. 3 cl. 5(2)-(4).]

[ 5.         Deleted by No. 21 of 2006 Sch. 3 cl. 5(5).]



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