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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-27 Daily Xml
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RADIATION PROTECTION AND CONTROL (LICENCES AND REGISTRATION) AMENDMENT BILL

Second Reading

Second reading.

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (17:57): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

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 (Budget Act) that have the potential to expose persons involved in the use of radioactive substances to risk.

Licence to use or handle radioactive substances

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 another provision 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.

Registration of premises in which unsealed radioactive substances are handled or kept

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 meets 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.

Correction of definition of 'mining' inserted by Statutes Amendment (Budget) Act 2010

The Bill also takes the opportunity to make a minor correction to the definition of 'mining' that was inserted in Part 12 of the Statutes Amendment (Budget) Amendment Act 2010 as an amendment to the Radiation Protection and Control Act 1982. Part 12 of the Statutes Amendment (Budget) Amendment Act 2010 has been enacted but not yet commenced and this minor correction will take effect after that commencement.

I commend the Bill to Members.

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 5—Interpretation

This clause makes a minor correction to the definition of 'mining' that was included in the Statutes Amendment (Budget) Amendment Act 2010 (the '2010 Budget amendments') as an amendment to the Radiation Protection and Control Act 1982. The Statutes Amendment (Budget) Amendment Act 2010 was enacted in 2010 but is as yet uncommenced, hence the definition of 'mining' that is to be amended by this clause does not yet appear in the principal Act. The mechanics of the order of all the amendments is expected to be managed by commencement proclamations.

This clause proposes to substitute the word 'excavation' with 'exploration' in paragraph (h) of the definition of 'mining' in section 5 (once the 2010 Budget amendments have commenced).

5—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.

6—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 5 and is similarly consequential on amendments to the principal Act effected by the Statutes Amendment (Budget 2010) Act 2010.

The Hon. J.M.A. LENSINK (17:58): I rise to indicate support for this bill, which is really a technical tidying up as a necessary consequential amendment arising from unintended consequences of the Statutes Amendment (Budget 2010) Act, which may have the unintended consequence of permitting unintended persons to lawfully handle radioactive substances and not to require new premises which handle radioactive substances to be licensed.

My understanding is that, currently, veterinarians, dentists, laboratories, and radiographers, as individuals or through their organisation, having responsibility for radioactive materials and/or machines require a licence to handle or to have radioactive substances on their premises. I understand that the mining industry falls under a separate regime, which is section 24 of the act, in which an operation is licensed, thereby authorising all properly trained employees under its umbrella.

This bill deletes sections 22(2)(a) and 29(3)(a) of the act, which provide the unintended exemptions from the requirement to be registered as either a person or a premise licensed to handle radioactive substances. I was advised in the briefing that industry is being consulted through ARPANSA's National Directory for Radiation Protection, which provides guidelines for state-based regulation training and so forth. We did have some discussion in the briefing as to the setting of the licence fees, which I understand is still in train. For the record, I would request that the government provide more details about the status of that process. It was talking about a licence fee for individuals of $75 plus a $75 application fee, which would vary depending on the number of machines.

A list of all of the classes of individuals and premises would also be appreciated because one of the concerns of honourable members on this side of the house is that we are not unnecessarily charging people additional fees which are beyond reasonable. With those comments, I support the bill.

The Hon. A. BRESSINGTON (18:00): I rise to briefly indicate my support for the Radiation Protection and Control (Licences and Registration) Amendment Bill, a short and simple bill which seeks to correct an unintended consequence of amendments moved to the Radiation Protection and Control Act 1982 in the Statutes Amendment (Budget 2010) Act. While the amendments in the budget bill are yet to be enacted, it is my understanding that, if they were, in the absence of this bill, by virtue of section 28(2)(a) holders of a newly created licence to possess a radiation source or a facilities licence would, unintentionally, be exempted from the requirement to hold a licence to use or handle radioactive substances and the controls that go with it.

A further amendment is required to section 29(3) to ensure that premises storing or handling unsealed radioactive substances are registered. Another amendment was moved in the House of Assembly by the minister to correct what is essentially portrayed as a drafting error that replaced the word 'excavation' with 'exploration' in the new definition of mining, which will be inserted upon enactment of the budget bill. This is a nuts and bolts bill and it has my support.

Debate adjourned on motion of Hon. J.M. Gazzola.

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