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Australian Radiation Protection and Nuclear Safety Bill 1998

Part 2 Definitions

   

12   Definitions

                   In this Act, unless the contrary intention appears:

annual charge means charge imposed by the Licence Charges Act.

CEO or Chief Executive Officer means the CEO referred to in section 13.

Commonwealth contractor means a person (other than a Commonwealth entity) who is a party to a contract with a Commonwealth entity.

Note:          Section 10 limits the circumstances in which the provisions of this Act apply to Commonwealth contractors.

Commonwealth entity means any of the following:

                     (a)  the Commonwealth;

                     (b)  a body corporate established for a public purpose by or under an Act;

                     (c)  a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

                              (i)  the Commonwealth;

                             (ii)  a body covered by paragraph (b);

                     (d)  an employee of a person or body covered by any of the above paragraphs.

controlled apparatus means any of the following:

                     (a)  an apparatus that produces ionizing radiation when energised or that would, if assembled or repaired, be capable of producing ionizing radiation when energised;

                     (b)  an apparatus that produces ionizing radiation because it contains radioactive material;

                     (c)  an apparatus prescribed by the regulations that produces harmful non-ionizing radiation when energised.

controlled facility means:

                     (a)  a nuclear installation; or

                     (b)  a prescribed radiation facility.

controlled material means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour, which emits ionizing radiation spontaneously.

controlled person means any of the following:

                     (a)  a Commonwealth entity;

                     (b)  a Commonwealth contractor;

                     (c)  a person in the capacity of an employee of a Commonwealth contractor;

                     (d)  a person in a prescribed Commonwealth place.

Council means the Radiation Health and Safety Advisory Council established by section 18.

deal with , in relation to a controlled apparatus or controlled material, means any of the following:

                     (a)  possess, or have control of, the apparatus or material;

                     (b)  use or operate the apparatus, or use the material;

                     (c)  dispose of the apparatus or material.

evidential material means any of the following:

                     (a)  any thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed;

                     (b)  any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence;

                     (c)  any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.

facility licence means a licence issued under section 31.

inspector means a person appointed as an inspector under section 61.

ionizing radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.

licence means a source licence or a facility licence.

Licence Charges Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 .

modifications includes omissions, additions and substitutions.

non-ionizing radiation means electromagnetic radiation of a wavelength greater than 100 nanometres.

nuclear installation means any of the following:

                     (a)  a nuclear fuel fabrication plant;

                     (b)  a nuclear reactor (including critical and subcritical assemblies);

                     (c)  a research reactor;

                     (d)  a nuclear power plant;

                     (e)  a fuel storage facility;

                      (f)  an enrichment plant;

                     (g)  a reprocessing facility.

occupier , in relation to premises, includes a person present at the premises who is in apparent control of the premises.

person covered by a licence means a controlled person who is authorised under the licence to deal with a controlled apparatus or controlled material or to undertake an activity in relation to a controlled facility.

premises includes the following:

                     (a)  a structure, building, aircraft, vehicle or vessel;

                     (b)  a place (whether enclosed or built on or not);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

prescribed Commonwealth place means a place that is referred to in paragraph 52(i) of the Constitution and is prescribed by the regulations for the purposes of this definition.

prescribed radiation facility means a facility or installation that is prescribed by the regulations for the purposes of this definition.

radiation means ionizing radiation or non-ionizing radiation.

radiation control officer means a person who:

                     (a)  holds a senior position in a regulatory body of a State or Territory; and

                     (b)  is responsible for matters relating to radiation protection or nuclear safety.

seize includes secure against interference.

source licence means a licence issued under section 32.

thing includes a substance, and a thing in electronic or magnetic form.