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Australian Radiation Protection and Nuclear Safety Act 1998
In force
Administered by
Department of Health and Aged Care
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C2004A00383
24 December 1998
-
04 December 1999
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Act binds the Crown
5 External Territories
6 Extraterritorial operation
7 Act not to prejudice Australia’s defence
8 Act not to prejudice national security
9 Operation of Act
10 Prohibition on certain nuclear installations
11 Application of Act to Commonwealth contractors
12 Offences
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Part 2—Definitions
13 Definitions
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Part 3—The CEO of ARPANSA
14 The CEO (or Chief Executive Officer) of ARPANSA
15 Functions of the CEO
16 Minister’s directions to CEO
17 Delegation by Minister
18 Delegation by CEO
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Part 4—The Radiation Health and Safety Advisory Council
19 Radiation Health and Safety Advisory Council
20 Functions of the Council
21 Membership of the Council
22 Radiation Health Committee
23 Functions of the Radiation Health Committee
24 Membership of the Radiation Health Committee
25 Nuclear Safety Committee
26 Functions of the Nuclear Safety Committee
27 Membership of the Nuclear Safety Committee
28 Remuneration
29 Regulations
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Part 5—Regulation of controlled material, controlled apparatus and controlled facilities
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Division 1—Prohibitions
30 Construction, operation etc. of nuclear installations or prescribed radiation facilities
31 Possession etc. of controlled material or controlled apparatus
Division 2—Licences
32 Issue of facility licence
33 Issue of source licence
34 Application fees
35 Licence conditions
36 Amendment of licence
37 Period of licence
38 Cancellation and suspension of licence
39 Surrender of licence
40 Review of licence decisions
Division 3—Enforcement
41 CEO may give directions to controlled persons
42 Review of decisions to give directions
43 Injunctions
44 Forfeiture
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Part 6—Administrative matters
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Division 1—Appointment, conditions etc. of CEO
45 Appointment of CEO
46 Remuneration and allowances
47 Outside employment
48 Recreation leave etc.
49 Resignation
50 Disclosure of interests
51 Termination of appointment
52 Other terms and conditions of appointment
53 Acting appointment
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Division 2—Money
54 CEO may charge for services
55 Notional payments by the Commonwealth
56 ARPANSA Reserve
57 Amounts recoverable as debts
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Division 3—Miscellaneous
58 Staff and consultants
59 Annual report
60 Quarterly reports
61 Reports to Parliament
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Part 7—Powers of inspection etc.
62 Appointment of inspectors
63 Powers available to inspectors for monitoring compliance
64 Inspector must produce identity card on request
65 Powers available to inspectors for dealing with hazardous situations
66 Searches and seizures related to offences
67 General powers of inspectors in relation to premises
68 Details of warrant to be given to occupier etc.
69 Announcement before entry
70 Use of electronic equipment at premises
71 Compensation for damage to electronic equipment
72 Copies of seized things to be provided
73 Occupier entitled to be present during search
74 Receipts for things seized under warrant
75 Retention of seized things
76 Magistrate may permit a thing to be retained
77 Monitoring warrants
78 Offence related warrants
79 Offence related warrants by telephone
80 Offences relating to warrants
81 Part does not limit power to impose licence conditions
82 Operation of Nuclear Non Proliferation (Safeguards) Act 1987
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Part 8—Miscellaneous
83 Operation of State and Territory laws If a law of a State or Territory, or one or more provisions of such a law, is prescribed by the regulations, that law or provision does not apply in relation to the following: (a) an activity of a controlled person in relation to a controlled apparatus or a controlled material; (b) an activity of a controlled person in relation to a controlled facility. 84 Powers to be exercised in accordance with international agreements (1) Where this Act confers a power, discretion, duty or function on a person, the exercise of the power or discretion or the performance of the duty or function is authorised by this Act only to the extent that the exercise or performance is not inconsistent with Australia’s obligations under the relevant international agreements. (2) Where this Act confers a power or discretion on a person, the person must have regard to Australia’s obligations under the relevant international agreements in exercising that power or discretion. (3) For the purposes of this section, an agreement is a relevant international agreement if: (a) immediately before the commencement of this Act, it was a relevant international agreement for the purposes of section 70 of the Nuclear Non Proliferation (Safeguards) Act 1987; or (b) it is an international agreement prescribed by the regulations. 85 Regulations (1) The Governor General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may: (a) require specified standards to be observed, practices and procedures to be followed and measures to be taken by controlled persons in relation to activities relating to controlled facilities, and in relation to dealings with controlled apparatus or controlled material; and (b) regulate, restrict or prohibit any act of a controlled person in relation to such activities or dealings; and (c) require the keeping of records, the giving of information and the notification of specified occurrences by controlled persons in relation to such activities or dealings; and (d) provide for the establishment of committees to advise the CEO on matters relating to radiation or nuclear safety; and (e) provide for matters relating to the payment of annual charge, including the time and manner of payment, pro rating and refunds; and (f) prescribe fees in respect of matters under this Act or the regulations; and (g) prescribe penalties of not more than 50 penalty units for offences against the regulations. [Minister’s second reading speech made in— House of Representatives on 11 November 1998 Senate on 23 November 1998] (168/98)
84 Powers to be exercised in accordance with international agreements
85 Regulations