Victorian Numbered Acts

RADIATION AMENDMENT ACT 2013 (NO. 59 OF 2013) - SECT 10

After section 23 of the Principal Act insert —

        " 23A     Offence to permit use of high consequence sealed sources by unverified person

    (1)     A management licence holder must not direct, request or allow a person to use a high consequence sealed source that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.

Penalty:     In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

    (2)     A person does not commit an offence under subsection (1) if the person uses the high consequence sealed source while accompanied by a person whose identity has been verified by the management licence holder using an identification document.

        23B     Offence to permit transport of high consequence sealed sources by unverified person

    (1)     A management licence holder must not direct, request or allow a person to transport a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.

Penalty:     In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

    (2)     A person does not commit an offence under subsection (1) if the person transports the high consequence sealed source or a high consequence group of sealed sources while accompanied by a person whose identity has been verified by the management licence holder using an identification document.

        23C     Offence to permit access to high consequence sealed sources by unverified person

    (1)     A management licence holder must not direct, request or allow a person to access a high consequence sealed source or a high consequence group of sealed sources that the licence holder possesses or controls knowing that the licence holder has not verified the identity of the person using an identification document.

Penalty:     In the case of a natural person, 1200 penalty units;

In the case of a body corporate, 6000 penalty units.

    (2)     A person does not commit an offence under subsection (1) if the person accesses the high consequence sealed source or high consequence group of sealed sources while—

        (a)     accompanied by a person whose identity has been verified by the management licence holder using an identification document; or

        (b)     subject to surveillance at all times.

    (3)     In this section—

"access" includes having the means to unlock a building, room, container, tank, vehicle or any other thing or place in which a high consequence sealed source or high consequence group of sealed sources is situated;

"surveillance" includes recorded surveillance by any of the following—

        (a)     a monitored closed circuit television camera;

        (b)     a motion sensor camera;

        (c)     anti-stay behind detection and alarms based on motion detection; or

        (d)     any other measure prescribed in the regulations.".