Exemption from licensing

The following classes of persons are exempted from the requirement to hold an authorisation to handle or operate radiation sources under the Radiation Protection and Control Act 2021 (RPC Act):

• Persons who operate apparatus listed in Radiation Protection and Control Regulations 2022 Schedule 4 clause 1.
• Persons who handle materials that are listed, or are contained in a device that is listed, in Radiation Protection and Control Regulations 2022 Schedule 4 clause 2.
• Persons who operate closed cabinet X-ray equipment for the examination of letters, packages, baggage, freight, and other articles that has been designed and constructed so as to prevent a person entering the cabinet while the equipment is being put to its normal use.
• Persons who operate apparatus according to the instructions of a veterinary surgeon who:

– holds a licence under section 24 of the RPC Act, and

– is present in the room or other place in which the apparatus is located, and

– is not able to operate the apparatus himself or herself by reason of the nature of the radiological examination being carried out.

• Persons who operate any enclosed X-ray analysis apparatus, but only when the interlocked barriers are in place and who operate such apparatus under the directions of a person who holds a licence under section 24 of the RPC Act.
• Persons who operate for the purposes of industrial radiography an ionising radiation apparatus that is located in a fully protected enclosure, and who operate that apparatus under the directions of a person who holds a licence under section 24 of the RPC Act.
• Persons enrolled in secondary or tertiary education where the operation of ionising radiation apparatus, or the use of radioactive material, is required as part of the education curriculum and is under the supervision of an appropriately licenced person.
• Persons who operate ionising radiation apparatus, or person who use or handle radioactive material, in the course of undertaking a training program approved by the Minister relating to radiology, radiation therapy, nuclear medicine or radiation oncology and is under the supervision of an appropriately licenced person.
• Persons who use or handle an unsealed radioactive material in type C premises and are working under the directions of a person who:

– supervises the persons who work in those premises; and 

– holds a licence (section 23 of the RPC Act) entitling the holder to use or handle the radioactive material used or handled in those premises in the manner in which they are used or handled in those premises.

• Persons who use a sealed radioactive source that is contained in a radiation gauge but do not use or handle the source at any time other than by operating the source control mechanism under the directions of a person who holds a licence under section 23 of the RPC Act.
• Persons who handle a sealed radioactive source that is contained in a radiation gauge under the direct supervision of a person who holds a licence under section 23 of the RPC Act, and do not dismantle the source container nor handle the source while it is out of the source container.
• Persons, being members of the public, who handle any radioactive material that is packaged for transport in accordance with Radiation Protection and Control Regulations 2022: Part 8 – Transport of Radioactive Materials.
• Persons who, being members of the nursing staff employed in a hospital ward, nursing home or treatment facility in which patients are treated by the use of a radioactive material, are supervised by the worker managing the radiation safety aspects of the treatment who holds a licence under section 24 of the RPC Act entitling the holder to use or handle such a radioactive material in that ward, nursing home or treatment facility.
• Persons who are patients undergoing diagnosis or treatment by use of a radioactive material.
• Persons who use, for the purpose of industrial radiography, a sealed radioactive source that is located in a fully protected enclosure and who use that source under the supervision of a person who holds a licence under section 23 of the RPC Act.
• Persons who use or handle any naturally occurring radioactive material in the course of developmental testing operations or operations for or in relation to mining or mineral processing authorised under section 18 or 19 of the RPC Act.

For advice on your licensing requirements, please consult your company radiation safety manual or discuss with your Radiation Safety Officer, or contact the EPA.