This Act may be cited as the Radioactive Substances Act, 1949.

Subject to the provisions of this Act, this Act shall come into force on the thirtieth day of April, nineteen hundred and fifty.

In this Act, unless the context otherwise requires,—

For the purposes of this Act, if any question arises as to whether any person has special knowledge in the use or application of x-rays or radioactive substances for the purpose of diagnosing, treating, or alleviating any abnormal condition of the human body, the question shall be decided by the Minister acting on the recommendation of the Radiological Advisory Council, and, subject to the provisions of section twenty-one of this Act, every decision so given by the Minister shall be final:

Provided that in making any recommendation under this subsection the Council shall act on the advice of an advisory committee appointed by it under this Act, of which not less than one-half of the members (exclusive of the Chairman) shall, in the case of a question relating to diagnosis, be radiologists, and shall, in the case of any other question, be radiotherapists.

Every recommendation made by the Council under the last preceding subsection shall be based on a consideration of the experience and qualifications of the person concerned. Every such person shall submit to the Council such evidence of his qualifications and experience as the Council may require, and the Council may, if it thinks fit, require him to verify his evidence by statutory declaration.

Before making an unfavourable recommendation under subsection two of this section, the advisory committee shall notify the person concerned of its intention so to do, and shall give him an opportunity of appearing before it and giving or adducing further evidence on the matter.

There is hereby established for the purposes of this Act a Council to be known as the Radiological Advisory Council.

The Council shall consist of—

The members of the Council, other than the Director-General, shall be appointed by the Governor-General, on the recommendation of the Minister of Health, for a period of five years, save that any such member may from time to time be reappointed, or may be at any time removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct, or may at any time resign his office by writing addressed to the Minister.

If any appointed member of the Council dies, or resigns, or is removed from office, the vacancy so created shall be filled by the appointment of some qualified person in the manner in which the appointment to the vacant office was originally made. Every person so appointed shall be appointed for the residue of the term for which his predecessor was appointed.

Unless he sooner vacates his office as provided in the last preceding subsection, every appointed member of the Council shall continue in office until his successor comes into office, notwithstanding that the term for which he was appointed may have expired.

The powers of the Council shall not be affected by any vacancy in the membership thereof.

The Director-General shall be the Chairman of the Council.

The Chairman shall preside at all meetings of the Council at which he is present. If at any meeting of the Council the Director-General is not present, the officer of the Department of Health authorized to attend the meeting in his stead pursuant to the next succeeding section shall act as the Chairman in respect of that meeting, and shall have and may exercise all the powers and functions of the Chairman for the purposes of that meeting.

Meetings of the Council shall be held at such times and places as the Council or the Chairman may from time to time appoint.

At any meeting of the Council four members shall form a quorum.

Every question before the Council shall be determined by a majority of the votes of the members present at the meeting of the Council.

The Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

In the absence from any meeting of the Council of the Director-General, he may appoint an officer of the Department of Health to attend the meeting in his stead. Every person so appointed by the Director-General shall be a medical practitioner. While any person is attending any meeting of the Council pursuant to this subsection he shall be deemed for all purposes to be a member of the Council. The fact that any person so attends shall be sufficient evidence of his authority so to do.

Except as expressly provided in this Act or in any regulations thereunder, the Council may regulate its procedure in such manner as it thinks fit.

The Council may from time to time appoint such advisory or technical committees as it thinks fit to advise the Council on such matters within the scope of its functions as are referred to them by the Council. Any person may be appointed to be a member of any such committee, notwithstanding that he is not a member of the Council.

There shall be paid out of moneys appropriated by Parliament for the purpose to the members of the Council, or of any advisory or technical committee of the Council, who are not officers employed in the service of the Crown such remuneration by way of fees or allowances as may from time to time be prescribed by regulations under this Act.

There shall be paid out of moneys appropriated by Parliament for the purpose to the members of the Council or of any such committee as aforesaid such travelling expenses and allowances as may from time to time be prescribed by regulations under this Act.

The functions of the Council shall be to advise and make recommendations to the Minister in respect of—

The Minister, on behalf of His Majesty, shall have power to manufacture or otherwise produce, buy or otherwise acquire, treat, store, transport, use, and dispose of any radioactive substance, and to do all such things as appear to the Minister to be necessary or expedient for the exercise of any such power as aforesaid.

Except with the prior consent in writing of the Minister, no person other than the Minister shall—

any radioactive substance.

For the purposes of this section, any radioactive substance shall be deemed to have been brought into New Zealand when, in any manner whatsoever, it is brought or comes within the territorial limits of New Zealand from any place outside those limits:

Provided that where the destination of any radioactive substance brought or coming into New Zealand on any ship or aircraft is out of New Zealand, or where the substance is carried as part of the stores or equipment of any ship or aircraft, it shall not be deemed to have been brought into New Zealand for the purposes of this section unless it is removed in New Zealand from that ship or aircraft.

For the purposes of this section, any radioactive substance shall be deemed to have been sent out of New Zealand when it is placed upon any ship or aircraft for the purpose of being taken or carried to any place outside the territorial limits of New Zealand.

Subject to such exemptions as may be prescribed, no person, other than the Minister, shall use any radioactive substance, unless that person is the holder of a licence for the time being in force under this Act authorizing him to do so.

No person shall administer any radioactive substance by way of treatment of a human being, unless he is a medical practitioner holding a licence for the time being in force under this Act authorizing him to do so, or is acting under the supervision or instructions of a medical practitioner holding such a licence as aforesaid.

No person shall sell any irradiating apparatus to any person, unless at the time of the sale the purchaser produces to the vendor a licence for the time being in force under this Act authorizing him to use irradiating apparatus of the kind to which that irradiating apparatus belongs or evidence in writing that he is exempt from obtaining such a licence pursuant to regulations made under this Act.

Notice of every sale of irradiating apparatus shall forthwith be given to the Director-General by the person selling the apparatus, together with the name and address of the person to whom it was sold.

Subject to such exemptions as may be prescribed, no person shall use any irradiating apparatus unless he is the holder of a licence for the time being in force under this Act authorizing him to use irradiating apparatus of the kind to which that apparatus belongs, or is a person acting under the supervision or instructions of a person holding such a licence as aforesaid.

On application in the prescribed manner by any person desiring to obtain a licence under this Act, the Minister may grant to the applicant a licence in the prescribed form, or may, if he thinks fit, refuse to grant a licence to the applicant.

Every application for a licence under this Act shall be made to the Director-General, and shall be accompanied by such information or particulars as may be prescribed or as the Minister in any case may require.

The Minister may, if he thinks fit, refer any such application to the Council for its recommendations thereon.

Every licence granted under this section shall, unless previously cancelled under this Act, or unless some earlier expiry date is specified therein, continue in force until the thirtieth day of April next following the date on which it was granted, but may from time to time be renewed pursuant to this Act.

Where any person has, at any time within three months after the commencement of this Act, duly applied for a licence under this section, he shall be deemed for the purposes of this Act, pending the notification to him of the Minister’s decision on the application, to be the holder of a licence under this section in the terms of his application.

Subject to the provisions of section twenty-one of this Act, the decision of the Minister on any application under this section shall be final.

Any licence granted under the last preceding section may be granted subject to such conditions, in addition to any conditions that may be prescribed in respect of licences generally, as the Minister thinks fit to impose. Any conditions so imposed by the Minister may at any time be varied, added to, or revoked by the Minister.

Without limiting the general powers conferred by the last preceding subsection, licences may be granted under the last preceding section subject to any of the following conditions:—

Licences granted under this Act shall be classified as follows:—

Licences for all purposes may be granted only to radiologists or radiotherapists.

Licences for diagnostic purposes may be granted only to persons who, in the opinion of the Minister, have special knowledge in the use or application of radioactive substances or x-rays for the purpose of diagnosing any abnormal condition of the human body.

Licences for therapeutic purposes may be granted only to medical practitioners who, in the opinion of the Minister, have sufficient experience in the treatment of the human body by means of radioactive substances or x-rays.

Licences for dental diagnostic purposes may be granted only to dentists or medical practitioners.

No person shall use any radioactive substance or irradiating apparatus for any purpose other than that specified in his licence in respect of that substance or apparatus.

The Director-General shall keep or cause to be kept such registers of licences issued under this Act as may be prescribed.

The contents of every such register may be evidenced in any proceedings by a certificate under the hand of the Director-General, and every such certificate shall be prima facie evidence of the matters stated therein.

A certificate under the hand of the Director-General that on a date specified in the certificate the name of any person did or did not appear in any register as the holder of a licence or any specified class of licence under this Act shall, until the contrary is proved be sufficient evidence of the matters therein specified.

The Minister may, in his discretion, cancel or suspend for such period as he thinks fit any licence granted under this Act if the holder of the licence commits an offence against this Act or any regulations made under this Act or commits a breach of any of the conditions of his licence or if for any other reason the Minister considers it in the public interest to do so. Subject to the provisions of section twenty-one of this Act, every decision of the Minister under this section shall be final.

On application being made to the Director-General in the prescribed manner, the Minister may grant to the applicant a renewal of any licence held by the applicant under this Act, or may, if he thinks fit, refuse to grant a renewal of the licence.

Sections fourteen, fifteen, and sixteen of this Act shall apply to every application for the renewal of a licence as if it were an application for a new licence.

In granting any renewal of a licence the Minister may endorse the existing licence or he may issue a new licence in lieu thereof, but every such new licence shall show on the face thereof that it is in renewal of a licence.

Every application under this section shall be made not later than the first day of April in any year, or within such further time as may be allowed by the Minister in any particular case.

The renewal of a licence shall, unless previously cancelled under this Act, or unless some earlier expiry date is fixed by the Minister, take effect from the expiry of the licence in renewal of which it is granted, but any such renewal may be granted in advance to take effect as aforesaid.

Where application for renewal of a licence is duly made under this section the licence shall, where the application is not disposed of before the date of expiry of the licence, continue in force until the application is disposed of.

Subject to the provisions of section twenty-one of this Act, every decision of the Minister on an application for renewal of a licence under this section shall be final.

Every holder of a licence under this Act who at any time changes his address as appearing in the register of licences shall, within three months thereafter, send to the Director-General a notice of his new address, and the Director-General shall thereupon correct the entry in the register relating to that licensee accordingly.

Every person who is dissatisfied with any decision of the Minister under subsection two of section two, or section fourteen, or section fifteen, or section sixteen, or section eighteen, or section nineteen of this Act may, within one month after notice of the decision has been given to him by the Minister, give notice of appeal in the prescribed manner to the Director-General.

Upon receipt of the notice of appeal the Director-General shall forthwith take all steps necessary for the constitution of a Board of Appeal, consisting of a Magistrate and two assessors. The assessors shall be appointed in accordance with regulations under this Act to represent the Minister and the appellant respectively.

The Board of Appeal so constituted shall as soon as practicable hear the appeal, and may confirm the decision of the Minister, or may make such other order as the case may require.

On any appeal under this section the Board of Appeal may make such order with respect to the costs of the appeal as it considers just and equitable in the circumstances of the case.

On any appeal under this section the decision of the Board of Appeal shall be final and conclusive.

Any officer of the Department of Health authorized by the Minister to act under this section shall, on producing, if so required, a duly authenticated document showing his authority, have the right to enter at all reasonable hours any premises, vehicle, ship, or aircraft in which there is any radioactive substance or irradiating apparatus in respect of which a licence is for the time being in force under this Act or which is exempt from licensing under this Act, for the purpose of examining or testing that substance or examining or calibrating that apparatus, as the case may be.

If a Justice of the Peace is satisfied on oath by a person authorized as aforesaid that—

the Justice may, by warrant under his hand authorize any person named in the warrant together with any constable to enter and search any premises, vehicle, ship, or aircraft, if necessary by force.

Every warrant granted under this section shall continue in force until the purpose for which it was granted has been satisfied.

Any person authorized by the Minister to act under the last preceding section may—

The Minister may from time to time delegate to any officer of the Department of Health such of the powers conferred on him by this Act as he thinks fit, including the power of delegation conferred by this section.

Subject to any general or special directions given or conditions attached by the Minister, the person to whom any powers are so delegated may exercise those powers and with the same effect as if they had been directly conferred on him by this Act and not by delegation.

Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation unless and until the contrary is proved.

Any delegation under this section may be made to a specified person or to persons of a specified class, or may be made to the holder or holders for the time being of a specified office or specified offices.

Any delegation under this section may be at any time revoked, in whole or in part, by the Minister or by any person by whom it was made.

The delegation by the Minister or by any other person of any powers conferred on him by or by virtue of this Act shall not prevent the personal exercise of those powers by the Minister or by that person.

Every person who at the commencement of this Act has in his possession or control any radioactive substance shall, within one month after the commencement of this Act, make a return to the Director-General specifying the quantity of every type of radioactive substance so in his possession or control and setting out full particulars thereof. Every such person shall forthwith supply such further particulars in relation to any radioactive substance referred to in any such return as the Director-General from time to time requires.

Every person commits an offence against this Act who—

Every person who commits an offence against this Act shall be liable on summary conviction to a fine not exceeding one hundred pounds, and, where the offence is a continuing one, to a further fine not exceeding five pounds for every day or part of a day during which the offence continues.

All proceedings in respect of offences against this Act shall be heard before a Magistrate alone.

Where any person is convicted of any offence under this Act in relation to any radioactive substance, the Magistrate may, in addition to imposing any penalty under the last preceding section, order that all radioactive substances owned by that person and in respect of which the offence was committed shall be forfeited to His Majesty, and all such substances shall thereupon be deemed to be forfeited to His Majesty accordingly.

Where any person is convicted of any offence against section thirteen or subsection six of section sixteen of this Act, the Magistrate may, in addition to imposing any penalty under the last preceding section, order that the irradiating apparatus in respect of which the offence was committed shall be forfeited to His Majesty, and every such irradiating apparatus shall thereupon be deemed to be forfeited to His Majesty accordingly.

All radioactive substances and every irradiating apparatus forfeited under the provisions of either of the last two preceding subsections shall be sold or otherwise disposed of in such manner as the Minister directs.

From every order made by a Magistrate in accordance with this section there shall be a right of appeal to the Supreme Court, and in every such case the provisions of Part X of the Justices of the Peace Act, 1927, shall, with the necessary modifications, apply.

All fees and other moneys received under this Act shall be paid into the Public Account to the credit of the Consolidated Fund, and all expenses incurred in the administration of this Act or in the exercise by the Minister of any of the powers conferred by section nine of this Act shall be paid out of moneys to be from time to time appropriated by Parliament for the purpose.

The Governor-General may from time to time, by Order in Council, make all such regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.

Without limiting the general power hereinbefore conferred, it is hereby declared that regulations may be made under this section for all or any of the following purposes:—

All regulations made under this section shall be laid before Parliament within twenty-eight days after the making thereof if Parliament is then in session, and, if not, shall be laid before Parliament within twenty-eight days after the commencement of the next ensuing session.

Nothing contained in this Act shall be so construed as to limit or in any way affect the provisions of any other Act.

This Act shall bind the Crown.