On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 20/06/2007.
PART X
MISCELLANEOUS
33.
—(1) Any person who is dissatisfied with any decision of the Director-General under section 7, 13 or 14 may appeal to the Minister in writing within 30 days of the communication to him of the decision of the Director-General.
(2) Upon receipt of any appeal, the Minister shall appoint one or more persons to hear representations made by the appellant and the Director-General and, if such persons think fit, to inspect the premises or irradiating apparatus and to report to the Minister, who shall thereupon determine the appeal as soon as practicable.
(3) In the exercise of his power to determine an appeal, the Minister may —
(a)
dismiss such appeal;
(b)
require the Director-General to issue a licence;
(c)
quash any suspension or cancellation of a licence, or substitute a suspension of a licence for cancellation or vice versa; or
(d)
vary or revoke any decision of the Director-General, or substitute any decision for a decision made by the Director-General.
(4) The decision of the Minister under this section shall be final.
34. No suit or other legal proceedings shall lie personally against any authorised officer, any person acting under his direction and any other person for anything which is in good faith done or intended to be done in the execution or purported execution of this Act.
35. All authorised officers shall be deemed to be public servants for the purposes of the Penal Code (Cap. 224).
36. All fees, charges and other moneys recovered or collected by the Director-General or any other authorised officer under this Act (including sums collected for the composition of offences under section 40) shall be paid to the Agency.
37.
—(1) Where an offence under this Act committed by a body corporate is proved —
(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —
(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —
(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —
“body corporate” includes a limited liability partnership which has the same meaning as in section 2(1) of the Limited Liability Partnerships Act (Cap. 163A);
“officer” —
(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
38. Notwithstanding any provision to the contrary in the Criminal Procedure Code (Cap. 68), a District Court shall have jurisdiction to try any offence under this Act and shall have power to impose the full penalty or punishment in respect of the offence.
39. Any person who contravenes any provision of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction —
(a)
in a case where the contravention is of such a nature as to endanger or is likely to endanger human life, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b)
in any other case, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.
40.
—(1) The Director-General may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
one half of the amount of the maximum fine that is prescribed for the offence; or
(b)
$15,000,
whichever is the lower.
(2) On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3) The Agency may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded.
41. The Agency may, subject to the general or special directions of the Minister, either permanently or for such period as the Agency thinks fit, by regulations exempt any person, premises, material or thing, or any class thereof, from all or any of the provisions of this Act, subject to such terms or conditions as may be prescribed.
42.
—(1) The Minister may from time to time, by order published in the Gazette, amend, add to or vary the First Schedule.
(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provisions as may be necessary or expedient.
(3) Any order made under subsection (1) shall be presented to Parliament as soon as possible after publication in the Gazette.
43.
—(1) The Agency may, with the approval of the Minister, make such regulations as may be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof and, in particular, may make regulations for or with respect to —
(a)
the form and manner of applying for and granting, and the fees for licences and renewals thereof, and the matters to be taken into consideration in respect of any application for or for the renewal of a licence or in respect of any proposal to suspend or cancel a licence;
(b)
the granting of different classes or types of licences under this Act;
(c)
the form of the registers to be kept under this Act;
(d)
regulating the sale, purchase or manufacture of, or the dealing with, any radioactive substance and irradiating apparatus;
(e)
regulating the transport, storage, use and disposal of any radioactive substance or irradiating apparatus;
(f)
preventing injury by radiations to any person;
(g)
securing the safe disposal of any radioactive waste product resulting from the manufacture, production, treatment, storage or use of any radioactive substance;
(h)
imposing requirements with respect to the construction or structural alteration of buildings used or intended to be used for the manufacture, production, treatment, storage or use of any radioactive substance, or in which any irradiating apparatus is used or intended to be used;
(i)
requiring persons who are exposed or are likely to be exposed to the risk of disease due to radiation from any radioactive substance or irradiating apparatus to submit to medical examinations, including blood tests;
(j)
prohibiting the use of any prescribed radioactive substance or any prescribed class or description of irradiating apparatus either generally, or for prescribed purposes or otherwise than for prescribed purposes;
(k)
prescribing the maximum working hours and minimum age of persons engaged in the manufacture, production, treatment, storage, sale or use of any radioactive substance or the use, testing or repair of any irradiating apparatus, prescribing the minimum holidays to be taken by those persons, and providing for the medical examination of those persons;
(l)
prescribing personnel or area monitoring;
(m)
regulating the use of any radioactive substance for therapeutic or diagnostic purposes;
(n)
regulating the dispensing and compounding of any prescription containing any radioactive substance;
(o)
providing for the making of returns by owners of radioactive materials of the quantities and classes of radioactive materials held by them;
(p)
providing for the keeping by purchasers of radioactive substances of records specifying the purposes to which those substances are put, and for the inspection of those records, and for the making of returns of entries in those records;
(q)
providing for the keeping of records of all application of radioactive substances or irradiating apparatus for diagnostic or therapeutic purposes;
(r)
regulating the registration of mobile radioactive and irradiating laboratories;
(s)
prescribing the fees payable for services rendered by the Director-General;
(t)
prescribing offences in respect of the contravention of any regulation made under this section, and prescribing penalties, not exceeding $50,000, that may, on conviction, be imposed in respect of any such offence; and
(u)
any other matter which is required or permitted to be prescribed or which is necessary or expedient to be prescribed for carrying out or giving effect to the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), the Agency may, with the approval of the Minister, make regulations for the purposes of implementing the Safeguards Agreement, or any agreement that is concluded between Singapore and the IAEA pursuant to the Safeguards Agreement, and, in particular, may make regulations for or with respect to —
(a)
imposing on any importer, exporter, agent, forwarding agent, common carrier, consignor or consignee of goods or on any owner, agent, master or person in charge of a conveyance as may be prescribed in the regulations, the duty to furnish —
(i)
to the Director-General; or
(ii)
to the owner, agent, master or person in charge of a conveyance, or to a railway station-master or to such other person as may be prescribed,
such particulars, information or documents as may be prescribed in respect of any nuclear material that is imported or exported;
(b)
requiring the master of any vessel to attend at the office of the Director-General or Port Master, and to furnish such particulars, information and documents, as may be prescribed;
(c)
prohibiting the issue of a port clearance to the master of any vessel pending compliance with any provision of the regulations; and
(d)
the registration of any nuclear material that is imported or exported.
44. Nothing in this Act shall be construed as to limit or in any way affect the provisions of any other written law.
45. The Radiation Protection Act (Cap. 262) is repealed.
46. The provisions of the Acts specified in the first column of the Second Schedule are amended in the manner set out in the second column thereof.
47.
—(1) All acts done by the Health Sciences Authority or the Chief Executive thereof under the repealed Radiation Protection Act before the appointed day shall continue to remain valid and applicable as though done by the Agency or the Director-General under the corresponding provision in this Act, until such time as invalidated, revoked, cancelled or otherwise determined by the Agency or the Director-General, as the case may be.
(2) Any decision, direction, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Health Sciences Authority or the Chief Executive thereof under the repealed Radiation Protection Act before the appointed day shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to be a decision, direction, document, licence, consent, approval or authorisation prepared, made, issued or granted by the Agency or the Director-General, as the case may be, under the corresponding provision in this Act.
(3) Where anything has been commenced by or on behalf of the Health Sciences Authority or the Chief Executive thereof under the repealed Radiation Protection Act before the appointed day, such thing may be carried on and completed by the Agency or the Director-General, as the case may be, under the corresponding provision in this Act.
(4) Where an appeal has been made to the Minister under section 17 of the repealed Radiation Protection Act and the appeal has not been dealt with or disposed of immediately before the appointed day, the appeal may be dealt with in accordance with that repealed section as if this Act had not been enacted.
(5) Any subsidiary legislation made under the repealed Radiation Protection Act and in force immediately before the appointed day shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act until it is revoked or repealed.
(6) Any written law or document referring to the repealed Radiation Protection Act or any provision thereof shall, as far as may be necessary for preserving its effect, be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be.
(7) In this section, “appointed day” means the date of commencement of the Radiation Protection Act 2007.