Radiation Safety Act 1975
Radiation Safety (Transport of Radioactive Substances) Regulations 2002
Radiation Safety Act 1975
Radiation Safety (Transport of Radioactive Substances) Regulations 2002
Western Australia
Radiation Safety (Transport of Radioactive Substances) Regulations 2002
Contents
1.Citation1
2.Interpretation1
3.Application2
4.Code and International Regulations, as modified, adopted2
5.Carrier to have an approved radiation protection programme3
6.Offences4
7.Repeal4
Notes
Compilation table5
Defined terms
Western Australia
Radiation Safety Act 1975
Radiation Safety (Transport of Radioactive Substances) Regulations 2002
In these regulations —
carrier means a person who is a carrier within the meaning of Section II paragraph 206 of the International Regulations;
Code means the Code of Practice for the Safe Transport of Radioactive Material (2008) published by the Chief Executive Officer of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) under Part 3 of the Australian Radiation Protection and Nuclear Safety Act 1998 of the Commonwealth;
commencement day means the day on which these regulations are published in the Gazette;
consignee means a person who is a consignee within the meaning of Section II paragraph 210 of the International Regulations;
consignment has the meaning given in Section II paragraph 211 of the International Regulations;
freight container has the meaning given in Section II paragraph 223 of the International Regulations;
International Regulations
(a)set out in Schedule A to the Code; and
(b)as modified by clauses 2.2 to 2.11 of the Code;
overpack has the meaning given in Section II paragraph 229 of the International Regulations;
package has the meaning given in Section II paragraph 230 of the International Regulations;
radiation protection programme has the meaning given in Section II paragraph 234 of the International Regulations;
radioactive material means a radioactive chemical element in a concentration that makes it “radioactive material” within the definition of that term in Section II paragraph 236 of the International Regulations.
[Regulation 2 amended: Gazette 26 Apr 2013 p. 1661-2.]
These regulations apply to the transport of radioactive materials in Western Australia and the storing, packing and stowing of radioactive materials for transport in Western Australia, if the radioactive materials are “radioactive substances” within the meaning of that term in the Act.
4.Code and International Regulations, as modified, adopted
(1)The Code and the International Regulations, as modified by these regulations, are adopted for the purposes of regulating the transport of radioactive materials in Western Australia and the storing, packing and stowing of radioactive materials for transport in Western Australia.
(2)Section III paragraphs 307 and 308 of the International Regulations are not adopted.
[Regulation 4 amended: Gazette 26 Apr 2013 p. 1662.]
5.Carrier to have an approved radiation protection programme
(1)Each carrier is to —
(a)prepare and maintain a radiation protection programme in accordance with the guidelines; and
(b)submit the radiation protection programme and any amendment of it to the Council for approval.
(2)The Council is to approve a radiation protection programme and any amendment of it if the programme, as amended where applicable, would accord with the guidelines.
(3)A person who does not submit a radiation protection programme to the Council as required by subregulation (1) before 3 months elapses after the person becomes a carrier commits an offence.
Penalty: a fine of $1 000.
Daily penalty: a fine of $50.
(4)The Council may, in writing, require a carrier whose radiation protection programme it considers not to accord with the guidelines to submit to the Council amendments to bring the programme into accord with the guidelines.
(5)A carrier must comply with a requirement under subregulation (4) within 3 months after the requirement was given or any further time allowed by the Council.
Penalty: a fine of $1 000.
Daily penalty: a fine of $50.
(6)In this regulation —
guidelines means the guidelines set out in Section III paragraph 302 of the International Regulations.
[Regulation 5 inserted: Gazette 26 Apr 2013 p. 1662-3.]
(1)A person shall not deal with radioactive materials that are for transport unless the person does so in accordance with the Code.
Penalty: $1 000.
(2)A person shall not store, pack or stow radioactive materials for transport unless the person does so in accordance with the Code.
Penalty: $1 000.
(3)A person who is not the consignee of a consignment shall not interfere with the contents of that consignment.
Penalty: $1 000.
(4)A person shall not interfere with or alter any marking, labelling or placarding that has been applied in accordance with the Code.
Penalty: $1 000.
(5)A person shall not display, or permit to be displayed, on a package, overpack or freight container that does not contain radioactive material, a label referred to in Section V paragraph 542 of the International Regulations.
Penalty: $1 000.
(6)It is a defence to a charge under this regulation to show that the person charged was acting in the exercise of a power or the performance of a duty conferred or imposed on that person by or under the Act, or with the permission, granted under the Act, of the relevant carrier or consignor or of the Council.
[Regulation 6 amended: Gazette 26 Apr 2013 p. 1663.]
The Radiation Safety (Transport of Radioactive Substances) Regulations 1991 are repealed.
1This is a compilation of the Radiation Safety (Transport of Radioactive Substances) Regulations 2002 and includes the amendments made by the other written laws referred to in the following table.
|
Citation |
Gazettal |
Commencement |
|
Radiation Safety (Transport of Radioactive Substances) Regulations 2002 |
26 Mar 2002 p. 1744-6 |
26 Mar 2002 |
|
Radiation Safety (Transport of Radioactive Substances) Amendment Regulations 2013 |
26 Apr 2013 p. 1661-3 |
r. 1 and 2: 26 Apr 2013 (see r. 2(a)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
carrier2
Code2
commencement day2
consignee2
consignment2
freight container2
guidelines5(6)
International Regulations2
overpack2
package2
radiation protection programme2
radioactive material2