Regulation of the use of radiation by Commonwealth entities is a duty imposed on the CEO by the Australian Radiation Protection and Nuclear Safety Act 1998 (the Act) which established the office of the CEO of ARPANSA and the Agency. The aim of the Act is to protect the health and safety of people and the environment from the harmful effects of radiation.
Under section 15 of the Act, the CEO has several functions. One of these functions is to monitor compliance with Division 1 of Part 5 of the Act and make recommendations to the Director of Public Prosecutions. Division 1 of Part 5 of the Act prohibits certain conduct in relation to nuclear installations and prescribed radiation facilities and dealings with any radiation source unless the conduct or dealings are done under a licence issued by the CEO. Division 2 of Part 5 of the Act provides for the issuing of licences by the CEO and prescribes certain penalties for the breach of conditions of licences. Some of these conditions are prescribed in the Act and the Regulations. Other conditions may be imposed by the CEO.