Western Australian Current Acts

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RADIATION SAFETY ACT 1975 - SECT 46

46 .         Power to give directions

        (1)         Where an authorised officer is of the opinion that any radioactive substance, any irradiating apparatus or any electronic product, or any part of or fitting or attachment to any such substance, apparatus or product, is defective or dangerous or in the interests of safety requires to be repaired, modified or renewed, or that any other thing may affect the safety or health of any person if the substance, apparatus, or product is permitted to continue to be used in the manner or condition it then is, he may direct the owner by notice in writing served on the person in charge of, or having control or management of, that substance, apparatus or product, —

            (a)         to stop using that substance or using or operating that apparatus or product; or

            (b)         to stop using or operating that apparatus or product until the repair, modifications or renewals specified in the notice have been effected; or

            (c)         to stop using that substance or using or operating that apparatus or product otherwise than in accordance with the limitations, restrictions or conditions specified in the notice.

        (2)         A direction may be given by an authorised officer in the manner provided in subsection (1) to the owner of any premises which are in the opinion of the officer unsatisfactory for use in connection with any radioactive substance, irradiating apparatus or electronic product.

        (3)         A direction given under this section may be expressed to take effect immediately or from a date to be specified in the notice.

        (4)         A person to whom a notice containing directions is given under this section shall take all reasonable steps to bring the substantive requirements of those directions to the knowledge of all persons likely to be affected.

        (5)         A person who contravenes or fails to comply with any requirement of, or prohibition imposed by, any direction given under this section commits an offence.



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