Victorian Numbered Acts Victorian Numbered ActsAfter Part 6 of the Principal Act insert —
The following persons must prepare and submit a security plan to an approved assessor for approval under this Part—
(a) an applicant for a management licence who intends to possess a high consequence sealed source or high consequence group of sealed sources;
(b) an applicant for a facility construction licence who intends to construct or use land for or a building as a radiation facility that will house a high consequence sealed source or high consequence group of sealed sources;
(c) a management licence holder who intends to make an application to vary their management licence in order to possess a high consequence sealed source or high consequence group of sealed sources.
(1) A security plan prepared and submitted under section 67B must—
(a) address the security standard specified by the Secretary under section 67N for the high consequence sealed source or high consequence group of sealed sources in relation to which the applicant for, or holder of, a management licence will conduct a radiation practice; and
(b) set out the security measures to be implemented to control any issues identified in the security standard; and
(c) include any other matters specified by the Secretary in accordance with subsection (2); and
(d) be in the form specified by the Secretary.
(2) The Secretary, by notice published in the Government Gazette, may specify any additional matters that must be addressed by the security plan.
(1) A management licence holder must at all times have an approved security plan for every high consequence sealed source or every high consequence group of sealed sources the holder is licensed to possess.
Penalty: In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2) An offence under this section is an indictable offence.
A management licence holder who is licensed to possess a high consequence sealed source or high consequence group of sealed sources must not knowingly fail to provide to the Secretary, within 30 days after receiving a security compliance certificate for a security plan relating to the high consequence sealed source or high consequence group of sealed sources, a copy of the approved security plan.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(1) Subject to subsection (2), a management licence holder who is licensed to possess a high consequence sealed source or high consequence group of sealed sources must submit to the Secretary a revised security plan that has been approved by an approved assessor as soon as practicable after—
(a) a significant change in the operation of, or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted; or
(b) the licence holder has been notified of an amendment to the security standard under section 67O.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
s. 20
(2) An approved security plan is not required to be revised, approved and submitted under subsection (1) if the only change to the operation of, or to the environment in which, the radiation practice involving the high consequence sealed source or high consequence group of sealed sources is being conducted is any of the following—
(a) the name of the natural person who is responsible for implementing the plan;
(b) any change to the details of the management licence that do not relate to possession or transport of a high consequence sealed source or high consequence group of sealed sources;
(c) an amendment to the plan that is prescribed by the regulations for the purposes of this subsection.
(1) Subject to subsection (2), a management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources must, in accordance with this Part, prepare, and submit to an approved assessor for approval under this Part, a transport security plan each time the licence holder proposes to transport a high consequence sealed source or high consequence group of sealed sources.
(2) In the case of a proposal to transport similar category 2 sealed sources or category 3 sealed sources, or a category 2 group of sealed sources or category 3 group of sealed sources, using a series of shipments, a single transport security plan may be prepared if the plan includes details for each shipment.
(1) A transport security plan must—
(a) address the security standard specified under section 67N for the high consequence sealed sources or high consequence groups of sealed sources proposed to be transported; and
(b) set out the security measures to be implemented to control any issues identified in the security standard; and
(c) include any other matters specified by the Secretary in accordance with subsection (2); and
(d) be in the form specified by the Secretary.
(2) The Secretary, by notice published in the Government Gazette, may specify any additional matters that must be addressed by the transport security plan.
A management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources in respect of which there is an approved transport security plan that provides for a series of shipments must submit to the Secretary a revised transport security plan that has been approved by an approved assessor as soon as practicable after a significant change to the manner in which a high consequence sealed source or high consequence group of sealed sources is to be transported.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
A management licence holder who is licensed to transport a high consequence sealed source or high consequence group of sealed sources must not transport a high consequence sealed source or high consequence group of sealed sources knowing that—
(a) there is no approved transport security plan for that sealed source or group of sealed sources; or
(b) a copy of the approved transport security plan and security compliance certificate has not been submitted to the Secretary—
(i) in the case of a proposal to transport a category 1 sealed source or a category 1 group of sealed sources, at least 7 days before the transport is proposed to take place; or
(ii) in the case of a proposal to transport a category 2 sealed source, a category 3 sealed source, a category 2 group of sealed sources or category 3 group of sealed sources, at least 7 days before the transport (or first transport in the case of a series of shipments) is proposed to take place.
Penalty: In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(1) On receipt of a security plan or transport security plan, an approved assessor must assess the plan against the applicable security standard.
(2) If, after the assessment, the approved assessor is of the view that the security plan or transport security plan meets the applicable security standard, the approved assessor must issue a security compliance certificate in respect of that security plan or transport security plan.
(3) A security compliance certificate must—
(a) be in the form approved by the Secretary; and
(b) contain any information required by the Secretary; and
(c) be given to the person who requested the assessment of the security plan or transport security plan.
An approved assessor must provide to the Secretary the information contained in the security compliance certificate—
(a) in writing; and
(b) within 7 days after issuing the certificate.
A management licence holder who is licensed to possess or transport a high sealed consequence sealed source or high consequence group of sealed sources must not knowingly fail to comply with the most recent approved security plan or approved transport security plan for that sealed source or group of sealed sources.
Penalty: In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(1) The Secretary must, in respect of high consequence sealed sources and high consequence groups of sealed sources, specify a security standard that a security plan or transport security plan must meet to be approved by an approved assessor.
(2) A security standard specified under this section must set out security measures that must be met according to the level of threat from terrorist activity in relation to radiation sources.
(3) On specifying a security standard, the Secretary must publish—
(a) notice of that specification in the Government Gazette; and
(b) the security standard on the Internet.
(4) A security standard specified under this section takes effect on and from the date on which notice of its specification is published in the Government Gazette or a later date that is specified in the notice.
(1) This section applies if the Secretary amends a security standard and the amendment relates to a security measure set out in the standard.
(2) The Secretary must, in writing, notify the following persons of the amendment of the security standard and the details of the amendment—
(a) every management licence holder who is licensed to possess a high consequence sealed source or a high consequence group of sealed sources, if the approved security plan relating to that sealed source or group of sealed sources contains matter to which the amendment relates;
(b) every management licence holder who is licensed to transport a high consequence sealed source or a high consequence group of sealed sources, if the approved transport security plan relating to that sealed source or group of sealed sources contains matter to which the amendment relates;
(c) every approved assessor.
__________________".