Commonwealth Consolidated Acts

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AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY ACT 1998


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Object of Act  
   4.      Act binds the Crown  
   5.      External Territories  
   6.      Extraterritorial operation  
   7.      Act not to prejudice Australia's defence  
   8.      Act not to prejudice national security  
   9.      Operation of Act  
   10.     Prohibition on certain nuclear installations  
   11.     Application of Act to Commonwealth contractors  
   11A.    Application of Act to permitted persons  
   12.     Offences  

   PART 2--DEFINITIONS

   13.     Definitions  

   PART 3--ARPANSA

   14A.    Application of the finance law  
   14.     The CEO (or Chief Executive Officer) of ARPANSA  
   15.     Functions of the CEO  
   16.     Minister's directions to CEO  
   17.     Delegation by Minister  
   18.     Delegation by CEO  

   PART 4--THE--RADIATION HEALTH AND SAFETY ADVISORY COUNCIL

   19.     Radiation Health and Safety Advisory Council  
   20.     Functions of the Council  
   21.     Membership of the Council  
   22.     Radiation Health Committee  
   23.     Functions of the Radiation Health Committee  
   24.     Membership of the Radiation Health Committee  
   25.     Nuclear Safety Committee  
   26.     Functions of the Nuclear Safety Committee  
   27.     Membership of the Nuclear Safety Committee  
   28.     Remuneration  
   29.     Regulations  

   PART 5--REGULATION--OF CONTROLLED MATERIAL, CONTROLLED APPARATUS AND CONTROLLED FACILITIES

           Division 1--Prohibitions

   30.     Construction, operation etc. of controlled facilities  
   31.     Possession etc. of controlled material or controlled apparatus  

           Division 2--Licences

   32.     Issue of facility licence  
   33.     Issue of source licence  
   34.     Application fees  
   35.     Licence conditions  
   36.     Amendment of licence  
   37.     Period of licence  
   38.     Cancellation and suspension of licence  
   39.     Surrender of licence  
   40.     Review of licence decisions  

           Division 3--Enforcement

   41.     CEO may give directions to controlled persons  
   42.     Review of decisions to give directions  
   43.     Injunctions  
   44.     Forfeiture  

           Division 4--Information-gathering

   44A.    CEO may require controlled person to provide information, produce documents or appear before the CEO  
   44B.    Offence--failure to comply with requirement  

   PART 6--ADMINISTRATIVE--MATTERS

           Division 1--Appointment, conditions etc. of CEO

   45.     Appointment of CEO  
   46.     Remuneration and allowances  
   47.     Outside employment  
   48.     Recreation leave etc.  
   49.     Resignation  
   51.     Termination of appointment  
   52.     Other terms and conditions of appointment  
   53.     Acting appointment  

           Division 2--Money

   54.     CEO may charge for services  
   55.     Notional payments by the Commonwealth  
   56.     ARPANSA Account  
   57.     Amounts recoverable as debts  

           Division 3--Miscellaneous

   58.     Staff and consultants  
   59.     Annual report  
   60.     Quarterly reports  
   61.     Reports to Parliament  

   PART 7--POWERS--OF INSPECTION ETC.

           Division 1--Appointment and powers of inspectors

   62.     Appointment of inspectors  
   63.     Powers available to inspectors for monitoring compliance  
   64.     Inspector must produce identity card on request  
   65.     Powers available to inspectors for dealing with hazardous situations  
   66.     Searches and seizures related to offences  
   67.     General powers of inspectors in relation to premises  
   68.     Details of warrant to be given to occupier etc.  
   69.     Announcement before entry  
   70.     Use of electronic equipment at premises  
   71.     Compensation for damage to electronic equipment  
   72.     Copies of seized things to be provided  
   73.     Occupier entitled to be present during search  
   74.     Receipts for things seized  
   75.     Retention of seized things  
   76.     Magistrate may permit a thing to be retained  
   77.     Monitoring warrants  
   78.     Offence related warrants  
   79.     Offence related warrants by telephone  
   80.     Offences relating to warrants  

           Division 2--Improvement notices

   80A.    Inspectors may give improvement notices  
   80B.    Compliance with improvement notices  
   80C.    Review of improvement notice decisions  

           Division 3--Miscellaneous

   81.     Part does not limit power to impose licence conditions  
   82.     Operation of Nuclear Non - Proliferation (Safeguards) Act 1987  

   PART 8--MISCELLANEOUS

   83.     Operation of State and Territory laws  
   84.     Powers to be exercised in accordance with international agreements  
   85.     Regulations  


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