Malaysia legislation
Section 6
Section 6
Section 2 of the principal Act is amended—
(a)
in the national language text, by deleting the definition of
“ahli radiologi”;
(b)
by deleting the definition of “radiotherapist”;
(c)
by inserting before the definition of “appropriate authority”
the following definition:
‘ “Agency” means the International Atomic Energy
Agency;’;
(d)
in the definition of “nuclear fuel”, by substituting for the words “as the Board may from time to time by order in the Gazette determine” the words “as may be prescribed”;
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(e)
by inserting before the definition of “this Act” the following definition:
‘ “spent fuel” means nuclear fuel which has been irradiated in and removed from a reactor once the nuclear fuel ceases to be useable as nuclear fuel;’;
(f)
by substituting for the definition of “nuclear material”
the following definition:
‘ “nuclear material” means the material as specified in the Schedule;’;
(g)
by substituting for the definition of “radioactive material”
the following definition:
‘ “radioactive material” means any nuclear fuel, radioactive product, radioactive waste or any radionuclides as may be prescribed;’;
(h)
by inserting after the definition of “nuclear reactor”
the following definition:
‘ “nuclear related item” means any item relating to the use and development of nuclear technology as may be prescribed;’;
(i)
by substituting for the definitions of “registered dentist”,
“registered medical practitioner”, “registered pharmacist”
and “registered veterinary surgeon” the following definition:
‘ “registered veterinary surgeon”, “registered dental practitioner” and “registered medical practitioner” mean respectively a veterinary surgeon, a dental practitioner and a medical practitioner, each registered as such in accordance with the provisions of the written laws relating to the registration of such persons;’;
Atomic Energy Licensing (Amendment)
(j)
by inserting after the definition of “environment”
the following definition:
‘ “facilities”, in relation to any radioactive material, nuclear material or radiation generator include—
(a)
nuclear installations;
(b)
irradiation installations;
(c)
facilities where radioactive material is processed;
(d)
radioactive waste management facilities;
(e)
spent fuel management facilities; or
(f)
radioactive waste disposal facilities;’;
(k)
in the national language text, by deleting the definition of “kenderaan”;
(l)
by inserting before the definition of “environment”
the following definition:
‘ “Director General” means the Director General of the Department of Atomic Energy;’;
(m)
by deleting the definition of “Board”;
(n)
by inserting before the new definition of “Agency”
the following definition:
‘ “Advisory Council” means the Atomic Energy
Advisory Council established under section 2a;’;
(o)
by inserting after the definition of “licensee” the following definition:
‘ “Minister” means the Minister charged with the responsibility for science and technology;’;
(p)
by deleting the definition of “person”;
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(q)
by inserting before the definition of “prescribed”
the following definition:
‘ “oncologist” means a medical practitioner who is registered as a Specialist in clinical oncology or radiation oncology under the Medical Act 1971 [Act 50];’;
(r)
by inserting after the definition of “nuclear material”
the following definition:
‘ “nuclear medicine physician” means a medical practitioner who is registered as a Specialist in nuclear medicine under the Medical Act 1971;’;
(s)
by substituting for the definition of “radiologist”
the following definition:
‘ “radiologist” means a medical practitioner who is registered as a Specialist in clinical radiology under the Medical Act 1971;’;
(t)
by inserting after the definition of “atomic energy”
the following definition:
‘ “authorized officer” means any public officer authorized in writing generally or specially by the appropriate authority to exercise powers under this
Act and includes the Director General of Health where he is the appropriate authority;’;
(u)
by deleting the definition of “senior public officer”;
(v)
in the national language text, by inserting after the definition of “pemegang lesen” the following definition:
‘ “pengangkut” termasuklah kapal, kereta api, kereta, pesawat udara, dan mana-mana cara pengangkutan lain yang dengannya orang atau barang boleh dibawa;’;
(w)
in the definition of “installation operator”, by substituting for the words “appropriate authority” the words “Director
General”;
Atomic Energy Licensing (Amendment)
(x)
by inserting after the definition of “prescribed”
the following definition:
‘ “radiation generator” means an electrical device capable of generating ionizing radiation;’;
(y)
by inserting before the new definition of “Director General”
the following definition:
‘ “decommissioning” means all steps leading to the release of facilities other than repository, from regulation and these steps include the process of decontaminating and dismantling facilities;’;
(z)
in the definition of “nuclear installation”—
(i)
in paragraph (d), by substituting for the word “facility”
the words “physical space”; and
(ii)
in the proviso, by substituting for the words “appropriate authority” the words “Director General”;
(aa) in the definition of “appropriate authority”—
(i)
in paragraph (a), by deleting the words “as determined by the Board”; and
(ii)
in paragraph (b), by substituting for the words
“the Board” the words “the Director General”;
(bb) by deleting the definition of “irradiating apparatus”;
(cc)
by inserting before the new definition of “oncologist”
the following definition:
‘ “nuclear weapon” has the meaning assigned to it in the Strategic Trade Act 2010 [Act 708];’;
(dd)
in the definition of “radioactive waste”, in paragraph (b), by substituting for the words “, nuclear material or prescribed substance” the words “or nuclear material”;
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(ee) by inserting after the new definition of “nuclear related item” the following definition:
‘ “nuclear related technology” means information or data in any form, other than that is lawfully available, whether within Malaysia or outside Malaysia that is applicable primarily to the design, production, operation, testing or use of—
(a)
equipment or plant for—
(i)
the enrichment of nuclear material;
(ii)
the reprocessing of irradiated nuclear material;
or
(iii)
the production of heavy water; or
(b)
nuclear weapons or other explosive devices;’; and
(ff) by substituting for the definition of “dealing” the following definition:
‘ “dealing”, in relation to any radioactive material, nuclear material or radiation generator means—
(a)
any activity involving the manufacturing, trading, producing, processing, purchasing, owning, possessing, using, transporting, transferring, handling, testing, maintaining, certifying, selling, storing, accumulating or disposal of such radioactive material, nuclear material or radiation generator; or
(b)
siting, constructing, commissioning, operating or decommissioning facilities;’.
Deletion of Part II