Section 13(b) of the Radiation Safety Act 2016 (the Act) states that no person may use a radiation source without a use licence unless the Act or the Radiation Safety Regulations 2016 (the Regulations) provide otherwise. This page provides information on the situations where the Act or the Regulations enable a natural person to lawfully use a radiation source without a use licence.
Authorised person - Schedule 3 of the Regulations
A person who is authorised to perform the activities or class of activities specified in Schedule 3 of the Regulations may perform these activities without a use licence.
Schedule 3 of the Regulations applies to some health practitioners and veterinarians. Activities are specified for each category of authorised person.
Passive or limited use - section 17(2) of the Act
A person who is authorised by a source licence to use a radiation source for a passive or limited activity may use the radiation source to perform the activity without a use licence.
Activities involving passive or limited use of a radiation source, such as the observation of the radiation source to obtain information, can be performed without a use licence if the activities are authorised by a source licence that meets the requirements of section 17(2) of the Act.
A source licence can only be granted on application to the Director for Radiation Safety (the Director). Read more about source licences.
The Director considers passive or limited use to mean an activity where radiation protection and the safety of the radiation source are ensured by using the radiation source either:
- passively – this is when a person has no interaction with the radiation source other than to read or to be guided by the information generated by the radiation source, or
- in a limited way – this is when a person’s interaction with the radiation source is limited to activities such as starting or stopping the emission of radiation, or making minor adjustments to the way the radiation source is used.
The Director considers that the radiation risks associated with limited use and passive use of a radiation source are comparable risks.
A source licence that authorises the passive or limited use of a radiation source authorises only that use. All other uses of the radiation source (eg, servicing of equipment) will require one of the other authorisations available under the Act.
An example of the use of radiation source that the Director considers to be passive and limited use is:
- stopping or starting a gauge utilising radioactive material that has been fixed in place on a production line (eg, to monitor fill-height levels) and the observation of data generated from the use of the gauge for the purpose that it was designed.
Direct supervision - section 21(4)(a) of the Act
A natural person may use a radiation source without a use licence if the use by the person is conducted under the direct supervision of an authorised person.
The meaning of ‘authorised person’ is set out in section 21(6) of the Act. An authorised person is a person who holds a use licence for the radiation source or a person authorised by the Regulations to perform prescribed activities involving the radiation source. Currently, the only individuals authorised by the Regulations are the people set out in Schedule 3 of the Regulations.
The meaning of ‘direct supervision’ is set out in section 5 of the Act. Direct supervision is supervision by a person who is physically present and able to intervene.
Under section 23(b) of the Act, the radiation safety requirements must be met when a radiation source is used under direct supervision. The meaning of ‘radiation safety requirements’ is also set out in section 5 of the Act.
Written instructions - section 21(4)(b) of the Act
A natural person may use a radiation source without a use licence if the use is conducted under the written instructions of an authorised person.
The meaning of ‘authorised person’ is set out in section 21(6) of the Act. An authorised person is a person who holds a use licence for the radiation source or a person authorised by the Regulations to perform prescribed activities involving the radiation source. Currently, the only individuals authorised by the Regulations are the people set out in Schedule 3 of the Regulations.
Using a radiation source under written instructions is limited to uses that are of a mechanical or procedural nature. Written instructions can only enable a natural person to lawfully use a radiation source if that person is able to meet the fundamental requirements (sections 9 to 12) of the Act.
The written instructions must meet the requirements set out in section 21(5) of the Act to:
- contain procedures for the safe use of the radiation source, and
- comply with the fundamental requirements (sections 9 to 12) of the Act, and
- be recorded by the authorised person in accordance with section 35 of the Act (‘Duty to keep records and to make them available’).
The mechanical or procedural nature of the use must contribute to radiation protection. The contribution must be to the extent that an unlicenced person using a radiation source under the written instructions of an authorised person can credibility meet the radiation safety requirements when the radiation source is being used. The meaning of ‘radiation safety requirements’ is set out in section 5 of the Act.
Written instructions must credibly achieve radiation protection and the safety of a radiation source. Protection and safety includes how security needs are met and information on how a person using a radiation source can access support from the authorised person.
An example of the use of a radiation source that the Director considers can lawfully be conducted under written instructions is:
- the use of irradiating apparatus in personal baggage inspection equipment for the purpose that the equipment was designed.
Exempt radiation sources – regulations 10-14 of the Regulations
A person who uses a radiation source for a specified use that is exempt from the authorisation requirements of the Act can use the radiation source without a use licence.
The radiation sources that are exempt from the authorisation requirements of the Act are set out in regulations 10-14 of the Regulations. There are criteria that apply to each exemption. The criteria are set out in each regulation. The exempt radiation sources are: