Document ID: chunk:federal_register_of_legislation:F2024C00956:reg:12
Version: federal_register_of_legislation:F2024C00956
Segment Type: reg
Provision Reference: reg 12
Character Range: 57392–59717

12               The dealing is with lighting products that include krypton‑85 and no other controlled apparatus or controlled material

Exception to exemption for declared risk of non‑trivial dose
 (2) The CEO may declare, in writing, that a particular dealing described in the table in subsection (1) is a dealing for which:
 (a) under reasonably foreseeable circumstances, the effective dose to an individual is likely to be greater than 10 microsieverts in a year; or
 (b) an accident, misuse or exceptional circumstance affecting the dealing is likely to produce an effective dose to an individual greater than 1 mSv in a year.
Note: A decision to make a declaration under this subsection is reviewable under section 86.

Exemption by declaration of dealings not covered by subsection (1)
 (3) For the purposes of paragraph 31(1)(b) of the Act, a dealing that is declared under subsection (4) or (5) of this section is an exempt dealing.
Note: A decision to refuse to make a declaration under subsection (4) or (5) is reviewable under section 86.

Declaration of low‑dose dealing
 (4) The CEO may declare, in writing, that a particular dealing that is not described in the table in subsection (1) is a dealing for which:
 (a) under reasonably foreseeable circumstances, the effective dose to an individual is likely to be not greater than 10 microsieverts in a year; or
 (b) an accident, misuse or exceptional circumstance affecting the dealing is not likely to produce an effective dose to an individual greater than 1 mSv in a year.

Declaration of low‑risk dealings
 (5) The CEO may declare, in writing, that:
 (a) a particular dealing that is not described in an item in the table in subsection (1) is a dealing involving:
 (i) a radiological emergency or its after‑effects; or
 (ii) the after‑effects of a previous dealing; or
 (iii) naturally occurring materials; or
 (iv) bulk material with a mass of more than 1,000 kg; and
 (b) an assessment of the magnitude of individual doses, the number of people exposed and the likelihood that potential exposure will actually occur justifies the dealing being exempt.

Publication of declarations
 (6) The CEO must publish a declaration under subsection (2), (4) or (5) on ARPANSA's website as soon as practicable after making it.

Division 3—Applications for licences