QueenslandRADIOACTIVESUBSTANCESACT1958Reprinted as in
force on 21 December 1998(includes amendments up to Act No. 41
of 1998)Reprint No. 1CThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 21 December 1998.The reprint shows
the law as amendedby all amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s13s4Radioactive Substances Act 1958RADIOACTIVE SUBSTANCES ACT 1958[as
amended by all amendments that commenced on or before 21 December
1998]An Act to control and regulate the
possession, sale, transport and useof radioactive
substances and the possession and use of certainapparatus capable of producing
radiation˙Short title1.This
Act may be cited as theRadioactive Substances Act 1958.˙Crown bound3.This Act shall be binding on the
Crown.˙Definitions4.In
this Act—“analyst”means an analyst
within the meaning of theHealth Act 1937,section5,andalsoincludesanypersonappointedasaphysicistorscientist under and for the purposes
of this Act.“approved form”see section
32A1.“chief health
officer”means the chief health officer under
theHealth Act1937.“council”meanstheRadiologicalAdvisoryCouncilofQueenslandconstituted
under this Act.“dentist”means a person
registered as a dentist under theDental Act
1971,and whose name remains upon the
register of dentists registered underthat Act.1Section 32A (Approval of
forms)
s64s6Radioactive Substances Act 1958“inspector”means any
inspector appointed under this Act, and includesany
police officer or other person appointed to act as an inspector,
andalso any person acting under the direction
or in aid of an inspector.“irradiating apparatus”means apparatus capable of producing
ionisingradiation of any prescribed type or types or
capable of acceleratingatomicparticlesunderanyprescribedconditions,andincludesanyapparatus not presently so capable, either
by accident or design, byreason of any defect in, or the
absence of, any part thereof.“licence”means a licence, including any renewal of a
licence, granted underthis Act and in force at the material
time, and with reference to anyparticular
provision of this Act a licence of the description
appropriateaccording to that provision.“place”includesanyhouse,office,room,tent,ship,vessel,vehicle,aircraft,
building, erection, structure, or premises (whether upon
landorwater),andanyroad,street,thoroughfare,alley,rightofway(whether public or private), and any
land, whether public or private andwhether enclosed
or otherwise, and also includes any part of any place.“radioactivesubstance”meansanysubstancewhichconsistsoforcontainsmorethantheprescribedconcentrationofanyradioactivechemical element
or isotope, whether natural or artificial.“sell”includes sell, by wholesale or by retail, or
by auction, and barter,exchange, deal in, or supply for
profit, assign or part with possession,whether for
valuable consideration or otherwise, agree to sell, offer orexpose for sale, keep, or have in possession
for sale or send, forward,consign or deliver for or on sale, and
to authorise, cause, permit, allow,suffer,orattemptanyofsuchthings,and“sale”shallhaveacorrespondingly inclusive meaning.“substance”means any
natural or artificial substance whether in solid orliquid form, or in the form of a gas or
vapour, and any manufacturedarticle or any
article which has been subject to any artificial treatmentor
process.˙The Radiological Advisory
Council6.(1)For the purposes
of this Act there shall be constituted a body whichshall
be called ‘The Radiological Advisory Council of Queensland’
(the
s65s6Radioactive Substances Act 1958“council”).(1A)The council
shall be deemed to be established on and from the dateof
the first appointment of the members thereof.Membership(2)The council shall consist of a
chairperson and not less than 4 and notmore than 9 other
members.(2A)The chief health
officer shall ex officio be a member of the counciland
chairperson thereof.(2B)A person
nominated in that behalf by the chief health officer mayact
in the office of chairperson during such time as the chief health
officer isprevented by absence, illness or otherwise
from performing the duties ofthe office of
chairperson and the person so nominated, whilst so acting,shall
have and may exercise all of the powers, authorities and functions,
andshall perform all of the duties of the
chairperson.(2C)Such a
nomination shall be in writing and may be made generallyor
subject to such limitations as to time or otherwise as are
specified therein.(2D)Thechiefhealthofficermayinwritingrevokeanysuchnomination.(2E)The
other members of the council shall, upon the recommendationoftheMinisterafterconsultationwithsuchpublicauthoritiesandsuchscientific,professionalandtechnicalorganisationsandpersonsastheMinisterthinksappropriate,beappointedfromtimetotimebytheGovernor in Council.Tenure
of office(3)Subject to this Act every member of
the council other than the exofficio member
thereof—(a)shall be eligible for reappointment;
and(b)shall hold office for the respective
term for which the member isappointedorreappointedbutnosuchappointmentorreappointment shall be for a term exceeding
3 years.(3A)The office of a
member of the council, other than the ex officiomember thereof, shall—(a)commence on the date of the member’s
appointment thereto; and
s66s6Radioactive Substances Act 1958(b)become vacant if such member—(i)dies or becomes mentally sick;
or(ii)becomesbankruptorcompoundswiththemember’screditors, or
otherwise takes advantage of the laws in forcefor the time
being relating to bankruptcy; or(iii)isabsentwithoutleavegrantedbythecouncilfrom3 consecutive
ordinary meetings of the council of which duenotice has been
given to the member; or(iv)resignsofficebysignednoticedeliveredtotheMinister(suchresignationshallbecompleteandshalltakeeffectfrom the time
when it is received by the Minister); or(v)is
convicted of an indictable offence or of an offence againstthis
Act; or(vi)is removed from
office by the Governor in Council on thegroundsofmentalorphysicalincapacitytoperformthemember’s duties or because of any conduct
which, in theopinion of the Governor in Council, shows
the member tobe unfit to be a member of the
council.(3B)However, the
attendance of any such member at the time and placeappointed for an ordinary meeting shall be
deemed to constitute presence atanordinarymeetingnotwithstandingthatbyreasonthatnoquorumispresent no meeting is actually held on that
day, and the secretary to thecouncil shall
enter in the minute book the names of all members who soattend.Extraordinary
vacancies(4)When a vacancy arises in the office of
a member of the council otherthan the ex
officio member by death, resignation, or otherwise
howsoever,theGovernorinCouncilmustappointamembertoholdofficefortheremainder of the
term of the member’s predecessor.(4A)Subsection (4) applies so as not to affect
the power of the Governorin Council to appoint a person to act
temporarily in any such office during avacancy
therein.Appointment of deputies(5)Ifanymemberofthecouncilotherthantheexofficiomember
s67s6Radioactive Substances Act 1958thereofisatanytimepreventedbyabsence,illness,orotherwisefromperformingthedutiesofoffice,theGovernorinCouncilmayappointanother person to
act in that office during such time as the other member isso
prevented from performing such duties, and the person so
appointed,whilst so acting, shall have and may exercise
all of the powers, authoritiesand functions,
and shall perform all of the duties of the member in whoseplace
the member acts.Validity of acts, persons acting as
deputies(6)No person shall be concerned to
inquire whether or not any occasionhas arisen
requiring or authorising the person nominated in that behalf
bythe chief health officer to act in the place
of the chief health officer, or aperson thereunto
appointed to act in the place of a member other than the exofficio member, or as to the necessity or
propriety of any such nominationor appointment;
and all acts or things done or omitted by the person sonominated or a person when so acting as
aforesaid shall be as valid andeffectual and
shall have the same consequences as if the same had beendone
or omitted by the chief health officer or the member in whose
placesuch nominated person or other person, as the
case may be, is acting.Allowances etc.(7)Each
member shall receive such allowances, or fees, or allowancesandfees(ifany)astheGovernorinCouncilmayfromtimetotimedetermine.Proceedings of the council meetings(9)Thecouncilshallmeetatsuchtimesandplacesandconductitsbusinessinsuchmannerasmaybeprescribedor,insofarasnotprescribed, as it
may from time to time determine.Quorum(9A)A majority of
the number of members of the council for the timebeingshallformaquorumatanymeetingofthecouncil,andanydulyconvenedmeetingatwhichaquorumispresentshallbecompetenttotransact any business of the council and
shall have and may exercise all thepowers,
authorities and functions, and may perform all of the duties of
thecouncil.(9B)The
decision of a majority of the members present at any meeting
atwhich there is a quorum shall be a decision
of the council.
s78s7Radioactive Substances Act 1958Chairperson(9C)The
chairperson, or in the chairperson’s absence the person (if
any)nominated in that behalf by the chairperson,
shall preside at all meetings ofthe council at
which the chairperson is present.(9D)If
both the chairperson and the person (if any) nominated in
thatbehalf by the chairperson, are absent from
any duly convened meeting thememberspresentshallappointoneoftheirnumbertopresideatthemeeting.(9E)The
person presiding at any meeting of the council shall have a
voteand when there is an equal division of votes
upon any question shall have asecond or casting
vote.Committees(10)Thecouncilmayappointsuchadvisorycommitteesortechnicalcommittees as it
thinks fit to advise it on such matters within the scope ofits
functions as are referred to those committees by the
council.(11)A person may be
appointed to be a member of a committee undersubsection(10)notwithstandingthatthepersonisnotamemberofthecouncil.˙Functions of council7.(1)The council may
initiate and refer to the Minister—(a)recommendations for making, altering or
repealing regulations orany of them;(b)recommendations relating to the
administration of this Act;(c)recommendationsforpreventingorminimisingthedangersarising from
radioactive substances and irradiating apparatus.(2)It shall be the duty of the council to
consider and advise the Ministerupon such matters
and questions as the Minister may from time to timerefer
to it relating to—(a)any proposal for making, altering or
repealing any regulations;(b)the
administration of this Act;
s
89s 10Radioactive
Substances Act 1958(c)the prevention or minimising of
dangers arising from radioactivesubstances and
irradiating apparatus.˙Officers8.(1)The secretary to
the council and inspectors necessary for this Actare
to be employed under thePublic Service Act 1996.(2)The Minister may
from time to time appoint such and so many policeofficers and other competent persons as the
Minister deems necessary to actasinspectorsunderandforthepurposesofthisAct,andmayinlikemanner cancel
such appointments.(3)The Minister may from time to time, by
signed writing, appoint suchandsomanycompetentpersonstrainedintheestimationofionizingradioactive
emanations of any kind produced either from any radioactivesubstanceorirradiatingapparatusastheMinisterdeemsnecessaryasphysicistsorscientistsunderandforthepurposesofthisActandmaycancel any such
appointments.(6)EveryinspectorshallasfaraspracticablebefurnishedwithacertificateofappointmentsignedbyeithertheMinisterorthechiefexecutiveanduponenteringanyplaceshall,ifrequired,producethatcertificate to
the owner or occupier of the place.(7)Except for the purposes of this Act and in
the exercise of his or herfunctionsunderthisAct,orexceptwiththepriorpermissionoftheMinister,orexceptwheresoorderedbyacourtforthepurposeofthehearing or determination or trial of
any proceeding or action before thatcourt,aninspectororotherofficershallnotdisclosetoanypersonanyinformation which in the exercise of his or
her functions he or she acquireswith respect to
any manufacturing process or trade secret.˙Delegation by Minister9.The
Minister may delegate the Minister’s powers under this Act to
anofficer of the public service.˙Issue of licences10.(1)Subject to this Act, the Minister may on the
recommendation of
s
1010s 10Radioactive
Substances Act 1958the council grant and renew, or refuse to
grant or renew, licences for any ofthe purposes of
this Act.(1A)Every licence,
and every renewal of a licence, granted under thisAct
must be in the approved form.(1B)Each
and every licence granted under this Act shall specify—(a)the name of the licence holder;
and(b)the authority given to the licence
holder by that licence; and(c)all
other prescribed particulars (if any);and shall be
deemed to be granted subject to all the terms and conditions
(ifany) therein specified and to all other terms
and conditions as may for thetime being be
prescribed to be implied in the description of licence to
whichthat licence belongs.(2)In
granting any licence or a renewal thereof the Minister shall not
bebound by the application but, subject to this
Act, the Minister may upon therecommendation of
the council as aforesaid—(a)grant the
licence or renewal without terms and conditions; or(b)grant the licence or renewal subject
to such terms and conditionsas may be fixed
by the Minister.(2A)However, a
licence or a renewal thereof granted by a delegate, bydirectionoftheMinister,shallbesograntedsubjecttosuchtermsandconditions (if any) as the Minister
specifies in the direction.(2B)Inaddition,wherealicenceisgrantedsubjecttotermsandconditionseveryrenewalthereofshall,unlesstheMinisterdirectsotherwise, be deemed to be granted under and
subject to those terms andconditions.(2C)Without limiting in any way the power of the
Minister to grant orrenew any licence subject to such terms
and conditions as may be fixed bythe Minister, a
licence may be granted or renewed subject to a condition
thatthelicenseeshallnotuseorpermitorallowtobeusedanyradioactivesubstanceorirradiatingapparatus,asthecasemaybe,forpurposesexpresslystatedinthelicenceorinanyendorsementthereon,orforpurposesotherthanpurposesexpresslystatedinthelicenceorinanyendorsement
thereon.
s
1111s 11Radioactive
Substances Act 1958(2D)Any person to
whom the powers of the Minister conferred by thissection have been delegated shall refuse to
grant or to renew any licence ifthereunto
directed by the Minister.(2E)If any person to
whom the powers of the Minister conferred by thissection have been delegated refuses to grant
or to renew any licence, theapplicant
therefor may require the person to refer the matter to the
Ministerfor direction.(3)TheMinister,astheMinisterdeemsfit,may,upontherecommendation of the council, by written
notice, amend or revoke any ofthe terms and
conditions referred to in subsection (2) to which a licence
issubjected for the time being, or impose any
of those terms and conditions towhich the licence
is not then subjected.(3A)Every notice
under subsection (3) shall be deemed to be included inand
to form part of the licence to which it relates.(4)Unlesssoonercancelled,surrenderedorrenewed,everylicencegranted under
this Act shall be in force—(a)for
the period less than 12 months expressly stated in the
licenceor in any endorsement thereon; or(b)where a period less than 12 months is
not expressly stated in or inan endorsement
on the licence, for the period of 12 months, fromand
including the date of issue or renewal, as the case may be.(4A)For the purposes
of subsection (4) the renewal for any period ofsuch a licence
shall be deemed to be made on the first day of that period.(5)Every holder of a licence under this
section who desires to renew thatlicence shall
apply accordingly to the chief executive and pay the
prescribedfee not later than 30 days before the date
whereon that licence will expireunless renewed
or, as the case requires, further renewed.(6)Terms and conditions imposable by the
Minister under this sectionmaybeimposedbytheMinisterathisorherabsolutediscretion,anddifferently in respect of different
licences.˙Cancellation, suspension, and surrender
of licences11.(1)TheMinistermay,upontherecommendationofthecouncil,cancel or suspend
any licence granted by the Minister—
s
1112s 11Radioactive
Substances Act 1958(a)if there has been a substantial change
in circumstances since thegrant of that licence; or(b)if the holder of that licence is
convicted of an offence against thisActor,inrelationtoanyradioactivesubstanceorirradiatingapparatus, the
Criminal Code; or(c)if the holder of that licence fails in
any respect to comply with theterms and
conditions subject to which that licence is granted; or(d)ifthelicencehasbeengranteduponfalseorerroneousinformation;
or(e)if it is deemed necessary for the
safety of the public or of anyperson or
persons.(2)Suspension of a licence shall whilst
it is in force have the same effectas a cancellation
of the licence and the Minister may, when suspending alicence,fixtheperiodofitssuspensionortheMinistermaysuspenditwithout fixing the period of its
suspension.(2A)Suspension of
any licence shall not extend, upon the termination ofthat
suspension, any period during which that licence would ordinarily
haveremained in force if it had not been
suspended.(3)Where the Minister has upon any date
suspended a licence withoutfixing the period
of its suspension, the onus of proof that such licence is inforce
at any later date shall be on the defendant, but without prejudice
to theright of the prosecutor to adduce evidence
proving or tending to prove thatsuch licence is
not in force at that later date.(4)Thelicenseeshallnotbeentitledtoclaimorreceiveanycompensation in respect of the cancellation
or suspension of the licensee’slicence or any
expense he or she may have incurred in acting or with a viewto
taking action under the licence.(5)On
cancellation, the licence affected thereby and all rights,
interests,and privileges thereunder shall absolutely
cease and determine.(6)Without limiting the mode of
cancelling or suspending a licence, anylicence may be
cancelled or suspended by gazette notice.(7)The
Minister may cancel or suspend any licence for failure by
theholder thereof to comply with any term or
condition, express or implied, ofthe licence
notwithstanding that the licensee has not been proceeded
against
s
1213s 13Radioactive
Substances Act 1958for any offence constituted by such
failure.(8)AnylicencegrantedunderthisActmay,uponnoticeinwritingthereof to the
Minister, be surrendered.˙Applications for
licences12.(1)Every
application for a licence or for the renewal of a licence
shallbe made to the chief executive and
shall—(a)be in the approved form; and(b)contain or be accompanied by,
according as may be prescribed,theprescribedinformationandparticularswithrespecttotheapplicant; and(c)be
accompanied by the prescribed payment in respect of the feetherefor; and(d)be
made by the applicant in the applicant’s true name and
signedby the applicant; and(e)be
verified as prescribed.(1A)If the licence
or renewal applied for is refused, the payment madeby
the applicant under subsection (1) shall be refunded to the
applicant.(2)The chief executive shall refer every
such application to the council.˙Control of possession, use, sale or transport
of radioactive substances13.(1)Subjecttosuchexemptionsasmaybeprescribedandtotheprovisions of
this section, no person shall—(a)have
in his or her possession; or(b)use;
or(c)sell; or(d)transport;any radioactive
substance otherwise than in accordance with the terms of alicence issued to the person under this
Act.(2)No person shall, for the purpose of
treating a human being, have inhis or her
possession or use or administer or attempt to use or
administer
s
1414s 14Radioactive
Substances Act 1958any radioactive substance unless such person
is a medical practitioner, doesso in the
person’s practice as a medical practitioner and holds a
licenceissued to the person under this Act
authorising him or her so to do or is apersonwho,inthecaseofpossessiononlyofsuchsubstance,hassuchpossession only
for the purpose of acting or, in any other case, is actingunder
the supervision and instruction or upon the request made directly
tothepersonofamedicalpractitionersolicensed,suchsupervisionandinstructionbeinggivenorsuchrequestbeingmadebysuchmedicalpractitioner in his or her practice as
such.(3)Nopersonshallsignaprescriptionprescribinganyradioactivesubstance for the
purpose of the treatment of any human being, unless suchpersonisamedicalpractitioner,signssuchprescriptionintheperson’spractice as a
medical practitioner and holds a licence issued to the
personunder this Act authorising the person so to
do.(4)Any person who contravenes any of the
provisions of this sectionshall be guilty of an offence against
this Act.Maximum penalty—8 penalty units, and (if the
offence is a continuing one)a further penalty
of $20 for each and every day during which the offencecontinues, or imprisonment for 6
months.˙Possession and use of irradiating
apparatus14.(1)Subject to such
exemptions as may be prescribed a person shallnot have in
possession irradiating apparatus unless the person is the
holderofalicencethatauthorisesthepersontouseorhaveinpossessionirradiating
apparatus and the person’s possession of irradiating
apparatuscomplies with the conditions of that
licence.Maximum penalty—8 penalty units or 6 months
imprisonment.Daily penalty—$20.(2)Subject to such exemptions as may be
prescribed a person shall notsell irradiating
apparatus, unless the person is the holder of a licence thatauthorises the person to sell irradiating
apparatus and the person’s sale ofirradiating
apparatus complies with the conditions of that licence.Maximum penalty—8 penalty units or 6 months
imprisonment.Daily penalty—$20.
s
1515s 17Radioactive
Substances Act 1958(3)Subject to such exemptions as may be
prescribed a person shall notuse irradiating
apparatus unless the person is the holder of a licence thatauthorises the person to use irradiating
apparatus and the person’s use ofirradiating
apparatus complies with the conditions of that licence.Maximum penalty—8 penalty units or 6 months
imprisonment.Daily penalty—$20.˙Registers of licences15.(1)TheMinistershallcausetobekeptsuchregistersoflicencesgranted under
this Act as may be prescribed by regulation.(2)Evidence of the contents of every such
register may be given in anyproceedingsbyacertificateunderthehandoftheMinisterorbyaprescribed
officer by whom the same is kept and every such certificate
shallbe prima facie evidence of the matters stated
therein.(3)AcertificateunderthehandoftheMinisterorsuchaprescribedofficer that on a
date specified in the certificate the name of any person didnot
appear in any such register as the holder of a licence under this
Act orthat certain particulars did or did not
appear in any such register, shall, untilthe contrary is
proved, be sufficient evidence that that person was not theholder of any licence to which the register
relates on that date.(4)For the purposes
of this section the signatures of the said Ministerand
of all such prescribed officers shall be judicially noticed.˙Licensees to comply with terms and
conditions of licences16.A holder of a
licence under this Act shall comply in every respectwith
the terms and conditions of that licence, whether expressed therein
orprescribed to be implied therein.Maximum penalty—8 penalty units, and (if the
offence is a continuing one)a further penalty
of $20 for each and every day during which the offencecontinues, or imprisonment for 6
months.˙Forgery of licence etc.17.A person shall not—
s
1816s 19Radioactive
Substances Act 1958(a)forge or counterfeit any licence;
or(b)utter, or make use of any forged or
counterfeited licence; or(c)personate any
person named in any licence; or(d)falsely pretend to be an inspector;
or(e)connive at any such forging,
counterfeiting, uttering, making use,personating, or
pretending as aforesaid.Maximum penalty—6 penalty units or
imprisonment for 6 months.˙Refusal to furnish
information etc.18.A person shall not when required by or
under this Act to furnish anyinformationortosubscribeadeclarationastothetruthofanyinformation—(a)fail
to furnish that information, or to subscribe that declaration;
or(b)furnish any information or subscribe
any declaration that is falseor misleading in
any respect.Maximum penalty—4 penalty units.˙Appeal19.(1)Any
applicant or, as the case may be, licensee who is aggrievedby—(a)the refusal of
the Minister to grant or renew a licence; or(b)the
cancellation or suspension of a licence by the Minister;may
appeal to a judge of the Supreme Court sitting in court.(1A)An appeal as
aforesaid shall not lie unless it is instituted within30daysafterthegivingtothatapplicantorlicenseeofnoticeofsuchrefusal,
cancellation or suspension, and such a notice sent by post
shall,unless the contrary be proved, be deemed to
have been so given when itwould have been delivered in the
ordinary course of post.(2)AnappealunderthissectionshallbeinstitutedbyfilingintheSupreme Court registry a notice of
appeal.(3)An appeal under this section shall be
by way of rehearing, and the
s
2017s 20Radioactive
Substances Act 1958judge hearing the same may, subject to
subsection (4), confirm the decisionof the Minister
or uphold the appeal and make such order or orders withrespect to the grant, renewal or reissue of
any licence, the suspension in lieuof cancellation
of any licence, the shortening or lengthening of the period
ofsuspension of any licence, and otherwise as
the judge deems necessary orexpedient to give
effect to the judge’s decision upon the appeal.(3A)The
decision of a judge of the Supreme Court upon an appeal
underthis section shall be final between the
parties to the appeal.(4)Thejudgehearinganappealunderthissectionshallconfirmthedecision of the Minister and shall not
uphold the appeal—(a)in the case of an appeal against the
refusal of the Minister to grantor renew a
licence—unless the judge finds that the Minister couldnot
reasonably have formed any opinion justifying such refusalhaving regard to the qualifications and
reputation of the applicantfor or holder of
the licence, the purpose for which the licence wasapplied for or held, the safety of the
public or of any person orpersonsandanyothercircumstancesheldbythejudgetoberelevant;
or(b)in the case of an appeal against the
cancellation or suspension of alicence by the
Minister—unless the judge finds that the Ministercouldnotreasonablyhaveformedanyopinionjustifying(pursuant to any
of the provisions of section 11) the cancellationor
suspension.(5)The judge may make such order as to
costs to be paid by either partyto the appeal as
the judge thinks just.(6)Anysuchordermadeastocostsmaybeenforcedinthesamemanner as a
judgment of the Supreme Court.˙General powers of inspectors20.(1)Anyinspector,inadditiontosuchotherpowersanddutiesasfrom
time to time devolve upon the inspector under this Act, may—(a)call to his or her aid—(i)any police officer where the inspector
has reasonable causetoapprehendanyobstructionintheexerciseofthe
s
2018s 20Radioactive
Substances Act 1958inspector’spowersorintheexecutionoftheinspector’sduties;(ii)any person the
inspector may think competent to assist theinspector in
making any inspection or examination; and(b)makesuchexaminationandinquiryasmaybenecessarytoascertainwhethertheprovisionsofthisActhavebeenorarebeingcompliedwithbyanypersonorinrespectofanyradioactive
substance or any irradiating apparatus; and(c)question,withrespecttomattersunderthisAct,theowneroroccupier of any place, every person whom the
inspector finds inany place, and every person who has been
within the preceding6 months employed in or on any place
to ascertain whether thisActhasbeenorisbeingcompliedwith,andrequireanysuchperson to answer
the questions put and to sign a declaration of thetruth of the person’s answers; and(d)require the production of any licence,
and of any book, notice,record, list, or writing which by this
Act is required to be had orkept or which is
in the inspector’s opinion material to any inquiryunder paragraph (b), and inspect, examine,
and take copies of orextracts from the same; and(e)at any time, search and examine all
bags, containers, vehicles, orotherreceptaclesforholdingortransportinganyradioactivesubstance or
suspected so to be, and for that purpose the inspectormay
require the owner or person in charge thereof to open anysuch
bag, container, vehicle, or other receptacle, as the case
maybe, and expose its contents to view;
and(f)between sunrise and sunset, enter any
place and search for anyradioactivesubstancewhichmayhavebeenused,hadinpossession,orsold,oranyirradiatingapparatusorotherapparatuswhichisreasonablysuspectedofhavingbeenused,prepared for
use, or had in possession, contrary in any respect tothisAct,andseize,takeaway,detain,andsecurethesamepending
proceedings; and(g)seize, take away, detain, and secure,
pending proceedings, anyradioactivesubstanceoranyirradiatingapparatuswhichanyperson has used, is using or has sold, or is
suspected of using or
s
2019s 20Radioactive
Substances Act 1958having sold, contrary in any respect to this
Act; and(h)at all times and in all places without
let or hindrance examine andtestanyradioactivesubstanceoranysubstancewhichtheinspectorbelievestoberadioactivesubstanceandexamineorcalibrateanyirradiatingapparatusorapparatuswhichtheinspector believes to be irradiating
apparatus; and(i)take,withoutpayment,forexamination,testoranalysis,anyradioactive substance, or substance which
the inspector believesto be radioactive substance, or
portions or samples of any suchsubstances;
and(j)exercise such other powers and
authorities as may be prescribed;and(k)arrest any person found offending
against this Act whose nameand address are
unknown to the inspector.(2)Any inspector
who has reasonable grounds to suspect that there iskept
or stored or had in possession by any person, in or upon any place
anyradioactive substance or any irradiating
apparatus for any purpose contraryto this Act, or
in respect of which there has been a contravention of this
Act,may at any time—(a)enter upon and search such place and any box
or receptacle there;and(b)seize any such thing found there; and(c)arrest any person found there or who
is apparently in occupationof or in charge
of the place or in possession of such thing.(3)Any
inspector may at any time—(a)stop any person
whom the inspector suspects of transporting anyradioactive
substance contrary in any respect to this Act; and(b)search such person and interrogate the
person as to the contents ofany package or
as to anything then in the person’s possession;and(c)examine any such package or thing;
and(d)ifanyradioactivesubstanceisfoundintheperson’spossession—seize
the same and, arrest the person.
s
2020s 20Radioactive
Substances Act 1958(4)If such person arrested by an
inspector pursuant to subsection (2) or(3) does not give
an account to the satisfaction of the adjudicating court ofthe
radioactive substance or irradiating apparatus in relation to which
thepersonwasarrestedbeingintheplacewhereitwassoseizedoroftheperson’spossessionofit,thepersonshallbeliabletoapenaltynotexceeding 8 penalty units.(5)Any inspector may, in lieu of taking
away, detaining and securingpending any
proceedings any radioactive substance or irradiating
apparatuswhichtheinspectorhasseizedpursuanttoanyoftheprovisionsofthissection,placeinaconspicuouspositionuponanysuchsubstanceorapparatus or upon the bag, container,
or receptacle or any heap or othercollection or
place, door, or opening containing or affording access to
thesame a notice in the prescribed form or a
form to the like effect signed andsealed by the
inspector and specifying so as to sufficiently identify it,
thesubstance or apparatus seized and the place
wherein or whereon it is situatedat the time of
seizure and the date and time of such seizure, and thereuponany
such substance or apparatus shall be deemed to be in the custody
andpossession of that inspector pending
proceedings or until the inspector bynotice placed in
like manner as aforesaid notifies that the inspector has
goneout of possession of the substance or
apparatus concerned.(5A)Every person who
without authority alters, uses, interferes with,removesordisposesofinanywayanysuchsubstanceorapparatusorattempts to do any such act whilst it is,
pursuant to this section, deemed tobeinthecustodyandpossessionofaninspectorshallbeguiltyofanoffence against this Act.Maximum penalty—16 penalty units or
imprisonment for 1 year.(6)Where under this
Act an inspector is empowered to seize any thing,such
power shall extend to and include any bag, box, container, package
orreceptacle, and any heap or other collection
containing such thing.Inspector may require name and
address(7)Any inspector who—(a)findsanypersoncommittingorwhoreasonablysuspectsanyperson of having committed an offence
against this Act; or(b)is making
inquiries or investigations with a view to establishingwhether or not an offence against this Act
has been committed by
s
2121s 22Radioactive
Substances Act 1958any person; or(c)isoftheopinionthatthenameandaddressofanypersonisrequired for the purpose of giving effect to
any provision of thisAct, or for the purpose of enabling
the inspector to carry out theinspector’s
powers and duties under this Act;may require such
person to state his or her name and address, or name oraddress,and,iftheinspectorhasreasonablegroundtosupposethatthename and address, or name or address,
given is false, may require evidenceof the
correctness thereof.˙Owners and
occupiers to allow entry inspection21.Theowneroroccupierofanyplaceandapersoninchargeorapparentlyinchargeofanyplaceshallfurnishtoanyinspectorallreasonable assistance and all such
information which the owner or occupieris capable of
furnishing or as required by that inspector with respect to
theexerciseoftheinspector’spowersandthedischargeoftheinspector’sduties under this
Act.˙Obstructing an inspector etc.22.(1)A person shall
not—(a)assault,resist,orobstructaninspectorintheexerciseoftheinspector’s powers or in the discharge
of the inspector’s dutiesunder this Act, or attempt so to do;
or(b)fail to facilitate by all reasonable
means—(i)the entry and inspection of any place
by an inspector; or(ii)theexaminationandtestingbyaninspectorofanyradioactive substance or any substance
which that inspectorbelieves to be radioactive substance;
or(iii)theexaminationandcalibrationbyaninspectorofanyirradiatingapparatusorapparatuswhichthatinspectorbelieves to be irradiating apparatus;
or(c)fail to answer any question put to the
person in pursuance of thisAct by an
inspector or give to any such question an answer which
s
2322s 23Radioactive
Substances Act 1958is in any respect false or misleading;
or(d)fail to comply with the lawful
requisition or any part of the lawfulrequisition of
an inspector; or(e)when required by or under this Act to
furnish any assistance or tofurnishanyinformationtoaninspector,failtofurnishthatassistanceorinformation,asthecasemaybe,or,inthelattercase,furnishinformationwhichisinanyrespectfalseormisleading; or(f)fail, without reasonable excuse, the proof
whereof shall lie upontheperson,toproduceanylicence,book,notice,record,list,document, or
writing which the person is required under this Actby
an inspector to produce, or fail to allow an inspector to take
acopy of or extract from any such licence,
book, notice, record,list, document, or writing; or(g)directly or indirectly prevent any
person from appearing before orbeing questioned
by an inspector, or attempt so to do; or(h)useanythreatoranyabusiveorinsultinglanguagetoanyinspector or to
any other person with respect to any inspection orexamination or questioning.Maximum penalty—8 penalty units.(2)No person shall be required under this
Act to answer any question, orgiveanyinformationorevidence,ortosignanydeclarationtendingtocriminate himself or herself.(3)In this section—“inspector”includesanypersonactingunderlawfulauthorityunderorpursuant to this Act.˙Manner in which substances taken by an
inspector shall be dealt with23.(1)Aninspectortaking,seizing,orobtainingunderthisActanyradioactivesubstance,orsubstancewhichtheinspectorbelievestoberadioactivesubstance,oranyportionorsampleofanysuchsubstances,shall, having
first marked and sealed or fastened up such substance,
portion,orsampleinsuchmannerasitsnaturepermits,deliverthesametoananalyst.
s
2423s 25Radioactive
Substances Act 1958(2)Such delivery to an analyst may be
effected either personally or bysending the thing
by registered post addressed to the analyst at the analyst’susual
address or in a sealed package addressed to the analyst at his or
herusual address by rail, aeroplane, motor
vehicle, steamer, or other means oftransit, or in
such other manner as may be prescribed.˙Duty
of analyst etc.24.(1)Where any method
of analysis, or test, chemical or physical, hasbeen prescribed
for the analysis or test of any radioactive substance, anyanalyst, either for the prosecution or
defence, shall in the analyst’s certificateofanalysisortestdeclarethattheanalysthasfollowedtheprescribedmethod in his or
her analysis or test.(1A)Butevidenceshallbeadmissibleonthepartofthedefenceofanalysis or test made by other than the
prescribed method, and to show thatthe prescribed
method is not correct.(2)Acopyoftheresultofanyanalysisortestofanyradioactivesubstance,
procured by an inspector, may be obtained from the analyst
bythepersonfromwhomthesubstancesoanalysedortestedwastaken,seized, or
obtained.˙Offences25.(1)Anypersonwhocontravenesorfailstocomplywithanyprovision of this Act, or who being
entitled to an exemption prescribed, orgranted, under
this Act contravenes or fails to comply with any term orcondition prescribed in relation to that
exemption or subject to which thatexemption is
granted, shall be guilty of an offence against this Act.(2)Everypersonwhoaids,causes,orprocures,orisinanywayknowingly concerned in the commission
of an offence against this Act shallbe deemed to have
committed that offence and may be proceeded againstand
shall be punishable accordingly.Summary
proceedings(3)All offences against this Act may be
prosecuted in a summary wayunder theJustices Act 1886upon the
complaint of any person thereuntoauthorised by the
Minister.
s
2624s 26Radioactive
Substances Act 1958Proceedings for offences(4)Thesummonsinanysuchproceedinginwhichananalyst’scertificate is
used shall not be made returnable in less than 7 days from
theday on which it is served.(4A)There shall be
served with the summons a copy of the analyst’scertificate (if
any) obtained on behalf of the prosecution.(4B)The
endorsement of the analyst’s certificate with an oath of
serviceshall be prima facie evidence of the service
of such copy.Time for commencement of prosecution(5)A prosecution for an offence against
this Act may be instituted at anytimewithin12monthsafterthecommissionoftheoffenceorwithin6 months after
the commission of the offence comes to the knowledge ofthe
complainant, whichever is the later period.General penalty
etc.(6)Any person guilty of an offence
against this Act shall, if no specificpenalty is
provided for that offence, be liable to a penalty not
exceeding8 penalty units and (if the offence is a
continuing one) a further penalty of$20 for each and
every day during which the offence continues.(7)Any
penalty or punishment to which the person convicted may beliable under this Act upon the person’s
conviction shall be in addition to anyforfeiture under
this Act.˙Analyst’s certificate prima facie
evidence26.(1)The production
by the prosecutor of a certificate of analysis or testpurporting to be under the hand of an analyst
shall be sufficient evidence ofthe facts stated
therein, unless the defendant requires that the analyst shall
becalled as a witness, in which case the
defendant shall give notice thereof totheprosecutornotlessthan3cleardaysbeforethereturndayofthesummons.(2)In like manner the production by the
defendant of a certificate ofanalysisortestpurportingtobeunderthehandofananalystshallbesufficient evidence of the facts stated
therein, unless the prosecutor requiresthat the analyst
be called as a witness.
s
2725s 28Radioactive
Substances Act 1958(3)Acopyofsuchlastmentionedcertificateshallbesenttotheprosecutor at least 3 clear days before
the return day of the summons, and ifit is not so sent
the court may adjourn the hearing on such terms as it thinksproper.˙Expenses of analysis to be paid by offenders
on conviction27.(1)Where any person
is convicted of an offence against this Act, thecourt
shall order that all fees and other expenses incident to the
analysis ortest of any radioactive substance or the
examination or calibration of anyirradiating
apparatus, in respect of which the conviction is obtained, shall
bepaid by the person convicted.(2)All such fees and expenses shall be
deemed to be part of the costsattending the
conviction, and shall be recoverable in the same manner assuch
costs are recoverable.˙Liability for
offences by corporation28.(1)Where a body
corporate offends against this Act each and everyoneofthefollowingpersonsshallbedeemedtohavecommittedtheoffence,andshallbeliabletobeproceededagainstandpunishedaccordingly,
namely—(a)themanagingdirector,managerorothergoverningofficer,bywhatever name called, and every member of
the governing body,by whatever name called thereof;(b)every person who in Queensland manages
or acts or takes part inthe management, administration, or
government of the businessin Queensland of the
corporation.(1A)However,anysuchpersonproceededagainstpursuanttothissection shall not
be convicted if the person satisfies the court that the
offencewascommittedwithouttheperson’sconsentorconnivanceandthattheperson exercised all such diligence to
prevent the commission of the offenceas the person
ought to have exercised having regard to the nature of theperson’s functions in that capacity and to
all the circumstances.(2)This section
applies so as not to limit or affect howsoever the
liability
s
2926s 30Radioactive
Substances Act 1958of a corporation to be proceeded against and
punished for an offence againstthis Act
committed by it.˙Forfeiture on conviction29.(1)Where a person
is convicted of any offence against this Act thecourt
convicting that person may, in addition to imposing any penalty
towhich the offender may be liable, order to be
forfeited to the Crown anyradioactive substance or irradiating
apparatus (whether seized under this Actornot)relatedto,orconnectedwith,thecommissionoftheoffenceofwhich
that person is convicted, or may make such other order with
respectto any such things as it thinks fit.(2)Any radioactive substance or
irradiating apparatus forfeited under thisAct shall be
disposed of in accordance with any general or special
directionof the Minister and if sold the proceeds
shall be paid into the Treasury.(3)The
power to forfeit or to make any other order under this
sectionwithrespecttoanyradioactivesubstanceorirradiatingapparatusshallextend to and
include any bag, box, container, package or receptacle, andany
heap or other collection containing the same.˙Return
of licences etc. suspended or revoked30.(1)When
under this Act a licence is suspended or revoked, then thepersontowhomthatlicencewasgrantedshall,ifrequestedbyanyinspector, deliver forthwith to that
inspector that licence.Maximum penalty—2 penalty units.(2)If default in delivering any such
licence is continued by any personwho has been
convicted of the offence of failing to deliver that licence,
thenthat person shall be deemed to commit a
continuing offence and shall beliable to a
penalty of $10 for each and every day during which that
offenceis continued.(3)However, the continuing offence in respect
of such non-delivery shallnot be deemed to commence until the
expiration of 14 days from the date ofconviction as
aforementioned.
s
3127s 32Radioactive
Substances Act 1958˙Facilitation of proof31.In a proceeding under or for a purpose
of this Act—(a)itshallnotbenecessarytoprovetheappointmentofanyinspector;(b)a
signature purporting to be that of any inspector shall be taken
tobe the signature it purports to be until the
contrary is proved;(c)itshallnotbenecessarytoprovetheauthorityofapersonauthorisedbytheMinistertotakeanyproceedingsorofanyinspector to do
any act, but this shall not prejudice the right of anydefendant to prove the extent of such
authority;(d)a document purporting to be a
duplicate or copy of a licence ornotice granted
or given under this Act shall, upon its productioninevidence,beevidenceofthatlicenceornoticeandintheabsenceofevidenceinrebuttal,shallbeconclusiveevidencethereof;(e)theavermentinanycomplaintofthedateonwhichthecommission of any offence under this Act
came to the knowledgeof the complainant shall be evidence
of that matter, and in theabsence of evidence in rebuttal shall
be conclusive evidence ofsuch matter.˙Service of documents32.(2)InanyprosecutionforanoffenceagainstthisActacertificateunder the hand of
the Minister, or of any person to whom the Minister hasmade
a delegation under this Act, that a writing annexed to the
certificate isa true copy of a notice or document forwarded
by post by prepaid letter bythe Minister or
by that person, as the case may be, to the defendant on thedate
stated in the certificate shall be evidence of the matters
certified to andthat the signature on the certificate is the
signature of the person by whom itpurports to have
been signed.(3)In any proceeding under or for a
purpose of this Act the production inevidence of a
copy of the gazette purporting to contain a notice made orgiven
by the Minister, or by any person to whom the Minister has made
adelegation under this Act, shall be evidence
of the making or giving by theMinister or by
that person of that notice and of the contents
thereof.
s
32A28Radioactive Substances Act 1958s
33˙Approval of forms32A.The
chief executive may approve forms for use under this Act.˙Regulations33.(1)The
Governor in Council may make regulations under this Act.(1A)A regulation may
be made for or about the following—(a)prescribing,regulatingandcontrollingtheclassesoflicenceswhichmaybeissuedunderthisAct;applicationsforandthegrantingof,oranyclassof,licencesunderthisActandthesubscribing of
declarations as to the truth of any statements insuchapplications;theprovisions,conditions,andrestrictionssubject to which
in pursuance of this Act such licences or anyclass thereof
may be granted, and all or any matters and thingsrelating to the renewal, cancellation,
suspension, and endorsementofsuchlicences,thenotificationofchangeinanyoftheparticulars required to be inserted in
applications or in licences,and the issue of
duplicates for any of them which may be lost ordestroyed, or
whereon the particulars have become illegible;(b)prescribing and defining or otherwise
indicating the type or typesofionisingradiationandtheconditionsreferredtointhedefinition “irradiating apparatus” in
section 4;(c)prescribing and defining or otherwise
indicating the concentrationof any
radioactive chemical element or isotope, whether natural orartificial, referred to in the definition
“radioactive substance” insection 4;(d)prescribing,regulatingandcontrollingthemanufacture,possession,use,storage,transport,saleanddisposalofradioactive substances;(e)preventing injury by ionising radiations to
any person;(f)securingthesafedisposalofanyradioactivewasteproductsresulting from
the manufacture, production, treatment, storage oruse
of radioactive substances;(g)imposingrequirementswithrespecttotheconstruction,conversion or
structural alteration of buildings used or intended to
s
3329s 33Radioactive
Substances Act 1958be used for the manufacture, production,
treatment, storage or useof radioactive substances or in which
irradiating apparatus is usedor intended to
be used;(h)requiring persons who are exposed or
are likely to be exposed tothe risk of
disease or genetic damage due to radiation from anyradioactive substance or irradiating
apparatus to submit to medicalexaminations,includingblood,urineandexpiredairexaminations,orrequiringthewearingofradiationdetectingdevicesofadefinedcharacterduringperiodsofexposureorpossible exposure and subsequent
transmission of such devicesto a specified
agency for examination;(i)regulatingandcontrollingthepossessionanduseofanyprescribedradioactivesubstanceoranyprescribedclassordescriptionofirradiatingapparatuseithergenerally,orforprescribed purposes or otherwise than
for prescribed purposes;(j)regulating and
controlling the form, making, and dispensing, ofprescriptionsprescribinganyradioactivesubstanceforthepurpose of the
treatment of any human being;(k)prescribingthefurnishingofprescribedinformationastotheprotective
arrangements incorporated in any irradiating apparatusoranydeviceincorporatinganyradioactivesubstancebythemanufacturer or
supplier (whether wholesale or retail) thereof orby
such persons as may be prescribed, the persons to whom suchinformationistobefurnished,andthemodeofmakingandfurnishing the same;(l)prescribing fees payable under this Act on
such basis or bases asthe Governor in Council considers
appropriate and the matters inrespectofwhichsuchfeesshallbepaid,andprescribingthepersons by whom and the places and times
when and where suchfees shall be paid so that fees of different
amounts and differentbases for the calculation of fees may
be prescribed both in relationtodifferentmattersand,byreferencetodifferentpersons,localities, or circumstances, the same
matters;(n)prescribing information, statistics
and data to be given to the chiefexecutive,bysuchpersonsorallpersonscomprisedinsuchclasses of
persons as may be prescribed, and the time and mode
s
3330s 33Radioactive
Substances Act 1958of making and furnishing the same;(o)prescribing, providing for, regulating
and controlling the powersand duties of inspectors and other
officers;(p)prescribing, providing for, regulating
and controlling the form ofregistersoflicencesunderthisAct(whichregistersoranyofthem
may be prescribed to be according to a loose-leaf or cardindex system); prescribing the officer by
whom such registers areto be kept; and the information and
particulars to be recorded insuch registers
and the manner of its recording therein;(q)prescribing, regulating and controlling the
sale or disposal of anyradioactivesubstance,irradiatingapparatus,andotherthingwhatsoeverseizedunderthisAct,unclaimed,orofwhichtheowner is unknown, or cannot, within 3 months
after such seizure,be ascertained, and the disposal of the
proceeds of any such sale;(r)prescribing the
method of analysis or test (chemical or physical)of
any radioactive substance;(s)prescribing the
amount of any penalty for any offence against anyregulation, provided that any such penalty
shall not exceed $200and(iftheoffenceisacontinuingone)afurthersumnotexceeding $20 for each and every day
during which the offencecontinues.
32Radioactive Substances Act 19583´AIAamdamdtchdefdivexpgazhdginslapnotfdo in compparaprecpres==================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedpageparagraphprecedingpresentprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum==================previouspreviouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only.]Reprint
No.Amendments includedReprint
date1to Act No. 52 of 19782
June 19951Ato Act No. 58 of 199510
July 19961Bto Act No. 37 of 199619
May 1997´5Tables in
earlier reprintsName of tableTABLES IN EARLIER
REPRINTSChanged citations and remade lawsChanged names and titlesObsolete and
redundant provisionsRenumbered provisionsReprint
No.1111
33Radioactive Substances Act 1958´6List of
legislationRadioactive Substances Act 1958 7 Eliz 2 No.
20date of assent 7 May 1958commenced 1 July 1958 (proc pubd gaz 28 June
1958 p 1733)Note—The provisions of
pt 3 of the Metric Conversion Act 1972 No. 31 applyto
this Act and to the Radioactive Substances Regulation 1961 as
from4 September 1982 (see o in c pubd gaz 4
September 1982 p 66)as amended by—Radioactive
Substances Act Amendment Act 1967 No. 18date of assent 7
April 1967commenced on date of assentRadioactive Substances Act Amendment Act 1970
No. 13date of assent 16 April 1970commenced 5 September 1970 (proc pubd gaz 5
September 1970 p 41)Radioactive Substances Act Amendment Act 1978
No. 52date of assent 22 August 1978commenced 8 November 1980 (proc pubd gaz 8
November 1980 p 1120)Statute Law Revision Act 1995 No. 57 ss
1–2, 4 sch 1date of assent 28 November 1995commenced on date of assentStatute Law Revision Act (No. 2) 1995 No. 58
ss 1–2, 4 sch 1date of assent 28 November 1995commenced on date of assentPublic
Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22
October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December
1996 (1996 SL No. 361)Health and Other Legislation Amendment
Act 1998 No. 41 ss 1, 2(2), 14(1) sch 1date of assent 27
November 1998ss 1–2 commenced on date of assentremaining provisions commenced 21 December
1998 (1998 SL No. 346)´7List
of annotationsShort titles 1amd
R1 (see RA s 37)Construction of Acts 2om
1995 No. 58 s 4 sch 1Definitionsprov hdgsub
1995 No. 58 s 4 sch 1def“approved
form”ins 1995 No. 58 s 4 sch 1
34Radioactive Substances Act 1958def“chief health officer”ins
R1 (see RA s 23)sub 1995 No. 58 s 4 sch 1def“Director-General”om R1 (see s RA s
39)def“medical practitioner”om
1995 No. 58 s 4 sch 1def“Minister”om R1
(see RA s 39)Administrations 5om
1995 No. 58 s 4 sch 1The Radiological Advisory
Councils 6amd 1995 No. 58 s 4 sch 1Officerss 8amd
1995 No. 58 s 4 sch 1; 1996 No. 37 s 147 sch 2; 1998 No. 41 s
14(1)sch 1Delegation by
Ministers 9sub 1995 No. 58 s 4 sch 1Issue
of licencess 10amd 1995 No. 58 s 4 sch 1; 1998 No. 41
s 14(1) sch 1Cancellation, suspension, and surrender of
licencesprov hdgamd 1967 No. 18 s
2s 11amd 1967 No. 18 s 2; 1995 No. 58 s 4
sch 1Applications for licencess 12amd
1995 No. 58 s 4 sch 1; 1998 No. 41 s 14(1) sch 1Control of possession, use, sale or transport
of radioactive substancess 13amd 1967 No. 18
ss 2–3, 5 sch; 1970 No. 13 s 3; 1995 No. 58 s 4 sch 1Possession and use of irradiating
apparatuss 14amd 1967 No. 18 s 4, 5 sch; 1970 No.
13 s 4sub 1978 No. 52 s 3amd 1995 No. 58 s
4 sch 1Licensees to comply with terms and conditions
of licencess 16amd 1967 No. 18 s 5 sch; 1995 No. 58 s
4 sch 1Forgery of licence etc.s 17amd
1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch 1Refusal to furnish
information etc.s 18amd 1967 No. 18 s 5 sch; 1995 No. 58 s
4 sch 1Appeals 19amd
1995 No. 57 s 4 sch 1General powers of inspectorss
20amd 1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch
1Obstructing an inspector etc.s
22amd 1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch
1Offencess 25amd
1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch 1
35Radioactive Substances Act 1958Return
of licences etc. suspended or revokeds 30amd
1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch 1Service of
documentss 32amd 1967 No. 18 s 2; 1995 No. 58 s 4
sch 1Approval of formss 32Ains
1995 No. 58 s 4 sch 1amd 1998 No. 41 s 14(1) sch 1Regulationss 33amd
1967 No. 18 s 5 sch; 1995 No. 58 s 4 sch 1; 1998 No. 41 s
14(1)sch 1Transitional
provision about formss 34sub 1995 No. 58 s
4 sch 1exp 28 May 1996 (see s 34(3))Inaccurate descriptions etc.s
35om 1995 No. 58 s 4 sch 1´8List of formsForm 1 Version
1—Application for a Radioactive Substances Licencepubd
gaz 21 October 1994 p 730Form 2 Version 1—Application for an
Irradiating Apparatus Licencepubd gaz 21
October 1994 p 730Form 3 Version 1—Application for Registration
of Irradiating Apparatuspubd gaz 21 October 1994 p 730Form 4
Version 2—Licence for Radioactive Substancespubd gaz 20
December 1996 p 1566Form 5 Version 2—Licence for Irradiating
Apparatuspubd gaz 20 December 1996 p 1566Form 6
Version 2—Certificate of Registrationpubd gaz 20
December 1996 p 1566Form 7 Version 1—Certificate of Inspection of
Irradiating Apparatuspubd gaz 21 October 1994 p 730Forms
8 and 9 Version 2—Application for Approval to Transfer Registration
ofan Irradiating Apparatuspubd gaz 20
December 1996 p 1566Form10Version1—ApplicationforApprovalofAppointmentofaRadiationSafety
Officerpubd gaz 21 October 1994 p 730
