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Australian Radiation Protection and Nuclear Safety Act 1998
No. 133, 1998
In force
Superseded version
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C2016C00977 C12
21 October 2016
-
03 July 2023
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Table of contents
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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
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Part 2—Definitions
13 Definitions
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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
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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
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Part 5—Regulation of controlled material, controlled apparatus and controlled facilities
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Division 1—Prohibitions
30 Construction, operation etc. of controlled facilities
31 Possession etc. of controlled material or controlled apparatus
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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
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Division 3—Enforcement
41 CEO may give directions to controlled persons
42 Review of decisions to give directions
43 Injunctions
44 Forfeiture
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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
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Part 6—Administrative matters
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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
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Division 2—Money
54 CEO may charge for services
55 Notional payments by the Commonwealth
56 ARPANSA Account
57 Amounts recoverable as debts
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Division 3—Miscellaneous
58 Staff and consultants
59 Annual report
60 Quarterly reports
61 Reports to Parliament
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Part 7—Powers of inspection etc.
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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
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Division 2—Improvement notices
80A Inspectors may give improvement notices
80B Compliance with improvement notices
80C Review of improvement notice decisions
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Division 3—Miscellaneous
81 Part does not limit power to impose licence conditions
82 Operation of Nuclear Non-Proliferation (Safeguards) Act 1987
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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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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
