Bills

Radiation Protection and Control (Commencement of Proceedings) Amendment Bill

Introduction and First Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Climate, Environment and Water, Minister for Industry, Innovation and Science, Minister for Workforce and Population Strategy) (15:41): Obtained leave and introduced a bill for an act to amend the Radiation Protection and Control Act. Read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Climate, Environment and Water, Minister for Industry, Innovation and Science, Minister for Workforce and Population Strategy) (15:41): I move:

That this bill be now read a second time.

The Radiation Protection and Control Act 2021 controls activities involving radiation sources through authorisations to operate facilities and apparatus and to possess, handle or use radioactive sources. It provides for the beneficial use of radiation and sets standards to ensure that radiation sources are secured against misuse that may result in harm to people or the environment.

Section 82(1)(a) of the Radiation Protection and Control Act 2021 requires that proceedings for an expiable offence must commence within six months. Several offences in the act are open both to expiation and prosecution. There is a significant monetary difference between the expiations and penalties prescribed, which reflects the intent for more serious cases to be prosecuted rather than expiated.

However, the fact that these offences are also potentially expiable means that the six month time limit applies to them. The time taken to investigate and build a brief of evidence for such cases makes the six month time limit unworkable. The investigative process to develop a brief of evidence typically includes site inspections, interviews, review of documents, technical analysis (including by experts), and obtaining legal advice. The more complex the case, the longer each of these steps tend to take.

The alleged offence may also only come to the EPA's attention more than six months after it was committed. To overcome the risk of offences against the Radiation Protection and Control Act 2021 and the Radiation Protection and Control Regulations 2022 not being adequately prosecuted due to the time limit for the commencement of proceedings, it is proposed that the act be amended to allow for proceedings for expiable offences to commence any time within three years after the date of the alleged offence. This is consistent with similar provisions in the Environment Protection Act 1993. I seek leave to insert the explanation of clauses without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

The measure will commence on the day on which it is assented to.

Part 2—Amendment of Radiation Protection and Control Act 2021

3—Amendment of section 82—Commencement of proceedings

Section 82(1) of the Radiation Protection and Control Act 2021 currently requires that proceedings for an expiable offence against the Act be commenced within the time limits prescribed by the Criminal Procedure Act 1921. Under the section as proposed to be amended by this clause, proceedings for any offence, including an expiable offence, may be commenced any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney-General, at any later time within 10 years after the date of the alleged commission of the offence.

Schedule 1—Transitional provision

1—Transitional provision

The transitional provision provides that section 82 of the Radiation Protection and Control Act 2021 as proposed to be amended will apply in relation to an offence against the Act irrespective of whether the offence was allegedly committed before or after the commencement of the amendment.

Debate adjourned on motion of Mr Batty.