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Australian Radiation Protection and Nuclear Safety Bill 1998

Part 8 Miscellaneous

   

82   Operation of State and Territory law s

                   If a law of a State or Territory, or one or more provisions of such a law, is prescribed by the regulations, that law or provision does not apply in relation to the following:

                     (a)  an activity of a controlled person in relation to a controlled apparatus or a controlled material;

                     (b)  an activity of a controlled person in relation to a controlled facility.

83   Powers to be exercised in accordance with international agreements

             (1)  Where this Act confers a power, discretion, duty or function on a person, the exercise of the power or discretion or the performance of the duty or function is authorised by this Act only to the extent that the exercise or performance is not inconsistent with Australia’s obligations under the relevant international agreements.

             (2)  Where this Act confers a power or discretion on a person, the person must have regard to Australia’s obligations under the relevant international agreements in exercising that power or discretion.

             (3)  For the purposes of this section, an agreement is a relevant international agreement if:

                     (a)  immediately before the commencement of this Act, it was a relevant international agreement for the purposes of section 70 of the Nuclear Non-Proliferation (Safeguards) Act 1987 ; or

                     (b)  it is an international agreement prescribed by the regulations.

84   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may:

                     (a)  require specified standards to be observed, practices and procedures to be followed and measures to be taken by controlled persons in relation to activities relating to controlled facilities, and in relation to dealings with controlled apparatus or controlled material; and

                     (b)  regulate, restrict or prohibit any act of a controlled person in relation to such activities or dealings; and

                     (c)  require the keeping of records, the giving of information and the notification of specified occurrences by controlled persons in relation to such activities or dealings; and

                     (d)  provide for the establishment of committees to advise the CEO on matters relating to radiation or nuclear safety; and

                     (e)  provide for matters relating to the payment of annual charge, including the time and manner of payment, pro-rating and refunds; and

                      (f)  prescribe fees in respect of matters under this Act or the regulations; and

                     (g)  prescribe penalties of not more than 50 penalty units for offences against the regulations.