Australian Radiation Protection and Nuclear Safety Amendment (2014 Measures No. 1) Regulation 2014
Select Legislative Instrument No. 78, 2014
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.
Dated 12 June 2014
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Fiona Nash
Assistant Minister for Health
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments 2
Australian Radiation Protection and Nuclear Safety Regulations 1999 2
1 Name of regulation
This regulation is the Australian Radiation Protection and Nuclear Safety Amendment (2014 Measures No. 1) Regulation 2014.
2 Commencement
This regulation commences on 1 July 2014.
3 Authority
This regulation is made under the Australian Radiation Protection and Nuclear Safety Act 1998.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Australian Radiation Protection and Nuclear Safety Regulations 1999
1 Subregulation 3(1)
Omit all the words after “defines certain words and expressions”.
2 Subregulation 3(1) (example)
Repeal the example.
3 Subparagraphs 4(2)(a)(viii) and (ix)
Repeal the subparagraphs, substitute:
(viii) a laser product with an accessible emission level more than the accessible emission limit of a Class 3R laser product, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.1:2011 Safety of laser products, Part 1: Equipment classification and requirements; or
(ix) an optical fibre communication system exceeding Hazard Level 3R, as defined by Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 Safety of laser products, Part 2: Safety of optical fibre communication systems (OFCS); and
4 Subregulation 55B(1)
Omit “pro‑rate”, substitute “make a pro‑rata adjustment of”.
5 Subregulations 55B(2) and (3)
Repeal the subregulations, substitute:
(2) If the CEO decides to make a pro‑rata adjustment, the amount of the annual charge is:
where:
AC is the amount of the annual charge for the licence for the year.
M is the number of calendar months during which the licence is held.
Note: The amount of the annual charge for a facility licence or a source licence for a year is prescribed in the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000.
(3) For subregulation (2), a licence that is held for only part of a calendar month is taken to be held for the whole of the calendar month.
6 Subregulation 55C(3)
Repeal the subregulation, substitute:
(3) If the CEO decides to refund part of the amount of the annual charge, the amount of the refund is:
where:
AC is the amount of the annual charge for the licence for the year.
M is the number of calendar months during which the licence was held.
Note: The amount of the annual charge for a facility licence or a source licence for a year is prescribed in the Australian Radiation Protection and Nuclear Safety (Licence Charges) Regulations 2000.
(4) For subregulation (3), a licence that is held for only part of a calendar month is taken to be held for the whole of the calendar month.
7 Regulation 55D
Repeal the regulation.
8 Schedule 1 (table items 4 and 5)
Repeal the items, substitute:
4
The maximum permissible exposure limits mentioned in Australian/New Zealand Standard AS/NZS IEC 60825.1:2011 Safety of laser products, Part 1: Equipment classification and requirements.
5
The exposure limits mentioned in Australian/New Zealand Standard AS/NZS IEC 62471:2011 Photobiological safety of lamps and lamp systems.
9 Schedule 1 (table item 7)
Repeal the item, substitute:
7
For static magnetic fields—the limits mentioned in the International Commission on Non‑Ionizing Radiation Protection Guidelines on limits of exposure to static magnetic fields, published in Health Physics 96(4):504‑514; 2009.
10 Part 1 of Schedule 2 (table item 7)
Repeal the item, substitute:
7
The dealing involves any of the following items and no other controlled apparatus or controlled material:
(a) a clock, watch or other device with a luminous dial that includes a quantity of a controlled material that is not more than the quantity in Part 4;
(b) a gaseous tritium light device that:
(i) is used solely for safety purposes; and
(ii) includes less than 74 GBq of tritium;
(c) a television receiver;
(d) a visual display terminal;
(e) a cathode ray tube;
(f) an electron microscope;
(g) arc welding equipment.
11 Amendments of listed provisions—Schedule 3A
The items of the table in Schedule 3A listed in the following table are amended as set out in the table.
Amendments relating to fees for nuclear installations
Item
Table item
Omit
Substitute
1
Item 1
26 594
27 285
2
Item 2
166 210
170 531
3
Item 3
132 969
136 426
4
Items 4 and 5
66 484
68 212
5
Item 6
132 969
136 426
6
Item 7
531 873
545 701
7
Item 8
132 969
136 426
8
Item 9
569 865
584 681
9
Item 10
132 969
136 426
10
Item 11
13 297
13 642
11
Item 12
59 835
61 390
12
Item 13
13 297
13 642
13
Item 14
59 835
61 390
14
Item 15
26 594
27 285
15
Item 16
316 592
324 823
16
Item 17
379 910
389 787
17
Item 18
13 297
13 642
18
Item 19
199 453
204 638
19
Item 20
26 594
27 285
20
Item 21
66 484
68 212
21
Item 22
132 969
136 426
22
Item 23
13 297
13 642
23
Item 24
119 672
122 783
24
Item 25
26 594
27 285
12 Amendments of listed provisions—Part 1 of Schedule 3B
The items of the table in Part 1 of Schedule 3B listed in the following table are amended as set out in the table.
Amendments relating to general fees for prescribed radiation facilities
Item
Table item
Omit
Substitute
1
Items 1 to 6
11 967
12 278
13 Part 1 of Schedule 3B (table items 7 and 8)
Repeal the items, substitute:
7
Facility for the production, processing, use, storage, management or disposal of:
(a) unsealed sources for which the result worked out using the steps mentioned in subregulation 6(2) is greater than 106; or
(b) sealed sources for which the result worked out using the steps mentioned in subregulation 6(2) is greater than 109
24 557
14 Amendments of listed provisions—Part 2 of Schedule 3B
The items of the table in Part 2 of Schedule 3B listed in the following table are amended as set out in the table.
Amendments relating to other fees for prescribed radiation facilities
Item
Table item
Omit
Substitute
1
Item 1
39 890
40 927
2
Item 2
26 594
27 285
3
Item 3
39 890
40 927
4
Item 4
26 594
27 285
15 Part 1 of Schedule 3C (table items 23 and 24)
Repeal the items, substitute:
23
Laser product with an accessible emission level more than the accessible emission limit of a Class 3R laser product, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.1:2011 Safety of laser products, Part 1: Equipment classification and requirements
24
Optical fibre communication system exceeding Hazard Level 3R, as set out in Australian/New Zealand Standard AS/NZS IEC 60825.2:2011 Safety of laser products, Part 2: Safety of optical fibre communication systems (OFCS)
24A
Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62
24B
Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure but the exposure would be unlikely to exceed the dose limits mentioned in regulations 59 and 62
16 Part 1 of Schedule 3C (after table item 37)
Insert:
37A
Sealed source of controlled material not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 but that is unlikely to result in acute effects
37B
Controlled apparatus that produces ionizing radiation not mentioned in another item of this Schedule, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 but that is unlikely to result in acute effects
17 Part 1 of Schedule 3C (at the end of table items 41 and 45)
Add “, dealings with which have the potential for accidental exposure that is likely to exceed a dose limit mentioned in regulations 59 and 62 and that is likely to result in acute effects”.
18 Amendments of listed provisions—Part 2 of Schedule 3C
The items of the table in Part 2 of Schedule 3C listed in the following table are amended as set out in the table.
Amendments relating to source licence application fees
Item
Table item
Omit
Substitute
1
Item 1
665
682
2
Item 1
2 659
2 728
3
Item 1
7 978
8 185
4
Item 2
1 728
1 772
5
Item 2
5 319
5 457
6
Item 2
15 956
16 370
7
Item 3
3 325
3 411
8
Item 3
9 998
10 257
9
Item 3
29 252
30 012
19 Schedule 6 (item 8)
Repeal the item, substitute:
8. Radiation Protection Act (NT).
