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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-05-04 Daily Xml
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RADIATION PROTECTION AND CONTROL (LICENCES AND REGISTRATION) AMENDMENT BILL

Introduction and First Reading

The Hon. P. CAICA (Colton—Minister for Environment and Conservation, Minister for the River Murray, Minister for Water) (12:01): Obtained leave and introduced a bill for an act to amend the Radiation Protection and Control Act 1982. Read a first time.

Second Reading

The Hon. P. CAICA (Colton—Minister for Environment and Conservation, Minister for the River Murray, Minister for Water) (12:01): I move:

That this bill be now read a second time.

Radioactive substances are widely used in science, industry and medicine. In the medical field, for example, radioactive substances are used by licensed radiation therapists and medical physicists for treating certain cancers. Strict procedures are followed by these clinicians to protect themselves and patients from harm. In industry, highly radioactive substances are used for industrial radiography. It is crucial that procedures must be put in place to ensure the safety of the users of the radioactive substances as well as people who may be in the vicinity of the work.

The Radiation Protection and Control Act 1982 (RPC act) serves to ensure that the health and safety of South Australians who may be affected by radioactive substances are protected and that those who use radioactive substances or radiation equipment are properly trained and licensed.

The purpose of this Bill is to remove paragraph (a) from section 28(2) and paragraph (a) from section 29(3) of the RPC act. Without the removal of these paragraphs, these provisions would have unintended consequences on the enactment of the Statutes Amendment (Budget 2010) Act 2010(the budget act) that have the potential to expose persons involved in the use of radioactive substances to risk. Without this amendment, changes made to the RPC act by the budget act may result in unintended persons being able to lawfully handle radioactive substances.

Section 28(2)(a) of the RPC act provides that the requirement for a licence to use or handle radioactive substances does not apply 'to the use or handling of radioactive substances in the course of operations authorised under provisions of the RPC act'. Currently, the only provision of the RPC act which authorises operations is section 24—Licence to mine or mill radioactive ores. Section 28(2)(a) therefore only applies to operations authorised under section 24. However, when amendments are made to the RPC act by the budget act, a licence to possess a radiation source and a facilities licence will also be introduced. Individuals involved in these operations would arguably be exempted from the requirement of a licence by virtue of section 28(2)(a).

To remedy the situation, paragraph (a) of section 28(2) needs to be deleted. A provision will instead be made in the regulations to prescribe persons using or handling radioactive substances in the course of operations authorised by a licence under section 24 of the RPC act as persons of a prescribed class.

Section 29(3)(a) provides for the requirement to register premises in which an unsealed radioactive substance is kept or handled. It is thought that, because of the new licences provided for under the Budget Act, there is a risk that section 29(3)(a) could be interpreted to allow new premises not to be registered. This could lead to a situation where the records for the location of dangerous radioactive substances are incomplete. The resulting radiation risk would not be as significant as that associated with a licence to use or handle radiation substances.

In this case, conditions of a licence to possess a radiation source would still apply to these premises, and therefore radiation management plans and radiation waste management plans would still apply. However, when premises are registered with the authority, an inspection is undertaken to ensure that the premises meet the requirements of the regulations and this may not take place.

To remedy this situation, paragraph (a) of section 29(3) needs to be deleted. A provision would instead be made in the regulations to prescribe premises in which unsealed radioactive substances are kept or handled in the course of operations authorised by a licence under section 24 of the RPC Act as a premises of a prescribed class.

I commend the bill to members, and I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Radiation Protection and Control Act 1982

4—Amendment of section 28—Licence to use or handle radioactive substances

This clause removes paragraph (a) from section 28(2). Paragraph (a) exempts a natural person from the requirement to be licensed under the section if the use or handling of a radioactive substance is in the course of operations authorised under another provision of the principal Act. The amendment is necessary in light of the Statutes Amendment (Budget 2010) Act 2010 which establishes new licences in circumstances in which a natural person may still be required to be licensed under section 28. It is anticipated that the activities in connection with which a licence under section 28 will not be required will be prescribed in the regulations under this amended provision, thus the current status quo for existing licences will be retained.

5—Amendment of section 29—Registration of premises in which unsealed radioactive substances are handled or kept

This clause removes paragraph (a) from section 29(3). Paragraph (a) exempts premises from the requirement to be registered under the section if the keeping or handling of radioactive substances is in the course of operations authorised under another provision of the principal Act. This is a similar amendment to that in clause 4 and is similarly consequential on amendments to the principal Act effected by the Statutes Amendment (Budget 2010) Act 2010.

Debate adjourned on motion of Mr Pederick.

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