Document ID: chunk:federal_register_of_legislation:F2024C00956:reg:9
Version: federal_register_of_legislation:F2024C00956
Segment Type: reg
Provision Reference: reg 9
Character Range: 31333–32888

9  Kinds of apparatus that are controlled apparatus
 (1) For the purpose of paragraph (c) of the definition of controlled apparatus in section 13 of the Act, an apparatus is prescribed if:
 (b) the apparatus produces non‑ionizing radiation that could lead to a person being exposed to radiation levels exceeding the non‑ionizing radiation exposure limits; and
 (c) exposure to those levels is readily accessible to persons:
 (i) in the course of intended operations or procedures of the apparatus; or
 (ii) as a result of a reasonably foreseeable abnormal event involving the apparatus; or
 (iii) as a result of a reasonably foreseeable single element failure of the apparatus; or
 (iv) without the use of tools or other specialised equipment required to remove protective barriers or access panels; and
 (d) the apparatus is not declared under subsection (2).
 (2) The CEO may declare, in writing, that particular apparatus is not prescribed by subsection (1).
Note: A decision to refuse to make a declaration is reviewable under section 86.
 (3) The CEO must not make a declaration under subsection (2) unless the CEO is satisfied that:
 (a) the apparatus does not pose an unacceptable hazard to the health and safety of people or to the environment; or
 (b) it would be inappropriate for the apparatus to be a controlled apparatus.
 (4) The CEO must publish the declaration on ARPANSA's website as soon as practicable after making it.

Division 3—Controlled facilities

Subdivision A—Activity levels for certain facilities to be nuclear installations