106. Federal law amending the Radiation Protection Act

The National Council has decided:

Federal Law on Measures for the Protection of the Life or Health of People, including their descendants, against damage caused by ionizing radiation (Radiation Protection Act-StrSchG), BGBl. No 227/1969, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. The heading of § 17 reads as follows:

"Review of the handling of radiation sources"

Section 17 (1) shall be replaced by the following paragraphs 1 and 1a:

" § 17. (1) To be reviewed by the authorities

1.		the operation of installations approved in accordance with § § 6 or 7 for the management of radiation sources,
2.		the handling of radiation sources authorised in accordance with § 10, and
3.		the use of equipment approved in accordance with § § 19 and 20, provided that the type-approval provides for a notification requirement.
The verifications according to Z 1 and 2 shall be carried out by the authorization authority to carry out the checks in accordance with Z 3 from the radiation protection authority responsible for the location of the user.

(1a) The verifications referred to in paragraph 1 shall at least be carried out:

1.		once a year at
a)			research reactors,
b)			Installations for the treatment, conditioning, temporary storage and disposal of radioactive waste,
c)			highly radioactive radiation sources,
d)			particle accelerators,
e)			High-dose gamma irradiation facilities and
f)			nuclear medicine facilities for therapy,
2.		every four years
a)			dental X-ray equipment,
b)			veterinary X-ray equipment and
c)			in accordance with § § 19 or 20 of the component type-approved equipment, provided that these do not contain highly radioactive sources of radiation,
3.		every three years in all other cases. "

3. The first sentence of Section 17 (3) reads as follows:

"The Authority may use accredited bodies to carry out verifications for the sources and facilities of the radiation sources referred to in paragraph 1a (1a) and (3)."

4. In § 41 (1) (1) (1), the lit. d to n the letter name "e)" to "o)" ; the lit. c is indicated by the following lit. c and d replaced:

" (c)			the particle accelerator in the field of universities and the research institutes of the Austrian Academy of Sciences,
d)			the particle accelerators used for the irradiation of patients or for the production of radiopharmaceuticals, "

5. § 41 (1) Z 3 reads:

" 3.		in all other cases, the Governor of the State. "

6. § 41 (3) deleted.

7. § 41 (4) (2) and (3) are:

" 2.		the Federal Minister of Science and Research for the nuclear facilities and particle accelerators in the field of universities and research institutes of the Austrian Academy of Sciences,
3.		the Federal Minister of Health for the particle accelerators referred to in paragraph 1 (1) (d), the type approvals of equipment intended for use in medicine, the authorisations granted in accordance with § 35 and the recognition of the training of Medical physicists, "

8. The following paragraph 6 is added to § 42:

" (6) In the version of the Federal Law BGBl. I No 106/2013 enter into force:

1.		the title of § 17, § 17 (1), (1a) and (3), first sentence, § 41 (1) (1) (1) (lit). (c) and (d), (3) and (4) (2) and (3) and (5) and (6) (6) by 1 July 2013, the proceedings pending at that date being continued in accordance with the legal situation in force before that date;
2.		the abduction of § 41 (3) with 1. Jänner 2014. "

9. In § 43, paragraph 6 receives the sales designation "(7)" ; paragraph 5 shall be replaced by the following paragraphs 5 and 6:

" (5) with regard to § 41 (1) Z 1 lit. a and c concerning the nuclear reactors and the particle accelerators in the field of universities and the research institutes of the Austrian Academy of Sciences and Humanities of the Federal Ministers for Science and Research,

(6) in respect of radiological emergency situations, insofar as schools, which are subject to the Federal Education and Training Act, BGBl. No 321/1975, the Federal Minister for Education, the Arts and Culture, in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, "

Fischer

Faymann