Overview

Similar to other jurisdictions, in South Australia, Commonwealth entities using lasers are generally governed by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA). Non-Commonwealth entities are governed primarily through the Radiation Protection and Control Act (2021) in addition to the Work Health and Safety Act (2012).

Radiation Protection and Control Act

In South Australia, radiation is regulated under the Radiation Protection and Control Act (2021) and the Radiation Protection and Control Regulations (2022). The Act defines non-ionising radiation as electromagnetic radiation with a wavelength greater than 100 nm. A radiation licence is only required for non-ionising radiation apparatus of a prescribed class, and no such class is currently prescribed. In plain English, a radiation licence is not currently required to own or use a laser in South Australia (EPA South Australia, 2026). However, the general duty of care under Section 53 of the Radiation Protection and Control Act still applies to anyone dealing with a laser.

Section 53 of the Radiation Protection and Control Act (2021) is not specific to lasers however is a general duty for anyone dealing with a radiation source and this extends to the use of lasers. Under Section 53, one dealing with a radiation source must

·       Take all reasonable and practicable measures to ensure that the exposure of people to ionising radiation from the radiation source is kept as low as is reasonably achievable. This is generally not relevant to laser use as lasers typically produce non-ionising radiation.

·       Take all reasonable and practicable measures to ensure the risk of exposure of people and the environment to dangerous or potentially dangerous radiation from the radiation source is minimised. This is relevant to the use of lasers that have the potential to cause harm, particularly Class 3B and Class 4 lasers.

·       Take all reasonable and practicable measures to ensure the radiation source is protected from misuse that may result in harm to people or the environment. This is relevant to laser users and indicates laser owners and operators must have adequate controls in place to prevent misuse.

·        A person must have regard to the radiation protection principle and the principles of ecologically sustainable development. The radiation protection principle requires that people and the environment be protected from unnecessary exposure to radiation through justification (benefits outweigh harm), limitation (keeping exposure within set limits) and optimisation (reducing exposure as far as reasonable). Ecologically sustainable development mandates that environmental, economic, social and equitable considerations need to be integrated into decision making.

Work Health and Safety Act (2012) and the Work Health and Safety Regulations (2012)

Similar to other jurisdictions, South Australia has incorporated the model Work Health and Safety laws into their own legislation; including the Work Health and Safety Act and the Work Health and Safety Regulations. The model Work Health and Safety laws help bring consistency to legislation between states and territories other than Victoria. Governance of lasers in South Australia generally falls under Regulation 223 of the Work Health and Safety regulations (EPA South Australia, 2026).

Regulation 223, applies to the person with management or control at a workplace of laser equipment that may create a risk to health and safety. Under this regulation the person must:

·       Ensure that laser equipment intended for use on plant is designed, constructed and installed so as to prevent accidental irradiation of any person.

·       Ensure that laser equipment on plant is protected so that any operator of the plant or other person is not exposed to direct radiation, radiation produced by reflection or diffusion or secondary radiation.

·       Ensure that the visual equipment used for the observation or adjustment of laser equipment on plant does not create a risk to health or safety from laser rays.

·       Ensure that the workers operating the laser equipment are trained in the proper operation of the equipment.

·       Ensure that Class 3B and Class 4 lasers (within the meaning of AS 2397:2015) are not used in construction work.

Regulations 34-39

Regulation 34-39 are not specific to lasers however they are relevant to all PCBUs including those who use lasers. Under these regulations, a PCBU must

• Identify hazards

• Manage risks to health and safety

• Eliminate risks to health and safety or lower them so far as is reasonably practicable

• Maintain and review controls

• Provide readily understandable health and safety training to workers relating to the nature of the work undertaken.

Regulation 44

Regulation 44 is not specific to lasers however is a general obligation of PCBUs where personal protective equipment (PPE) is required and therefore would include laser safety eyewear. The PCBU must ensure that PPE is

• Suitable to the nature of the work and any hazard associated with the work

• A suitable size and fit and reasonably comfortable for the worker who is to use or wear it

• Maintained, repaired or replaced so that it continues to minimise risk to the worker who uses it, including by ensuring that the equipment is clean and hygienic, in good working order; and used or worn by the worker so far as is reasonably practicable

• The PCBU must provide the worker with information, training and instruction in the proper use and wearing of personal protective equipment; and the storage and maintenance of personal protective equipment.

Regulation 46

Regulation 46 is not specific to lasers however is a general obligation of workers where PPE is required to be worn. This includes laser safety eyewear when applicable.

• The worker must use or wear the equipment in accordance with any information, training or reasonable instruction by the PCBU so far as the worker is reasonably able

• The worker must not intentionally misuse or damage the equipment

• The worker must inform the person conducting the business or undertaking of any damage to, defect in or need to clean or decontaminate any PPE

Summary Offences Regulations (2016)

Handheld laser pointers with an accessible emission over 1 milliWatt are considered a prohibited weapon under the Summary Offences Regulations 2016 (EPA South Australia, 2026; Government of South Australia, 2016). This means that it is generally an offence to possess or use a handheld laser pointer greater than 1 milliWatt in South Australia.

Author: Oliver Ried B.Vis Sci, M.Optom. Grad Cert OHS

This article is for educational purposes and does not replace the need for independent legal advice.

References

EPA South Australia. (2026). Environmental Info>Radiation-Advice&Assistance. Retrieved 28/09/2026 from https://www.epa.sa.gov.au/environmental_info/radiation/advice

Government of South Australia. (2012a). Work Health and Safety Act Retrieved from https://www.legislation.sa.gov.au/lz?path=/C/A/work-health-and-safety-act-2012

Government of South Australia. (2012b). Work Health and Safety Regulations.  Retrieved from https://www.legislation.sa.gov.au/lz?path=%2FC%2FR%2FWork%20Health%20and%20Safety%20Regulations%202012

Government of South Australia. (2016). Summary Offences Regulations.  Retrieved from https://www.legislation.sa.gov.au/_legislation-documents/lz/c/r/summary-offences-regulations-2016/current/2016.169.auth.pdf

Government of South Australia. (2021). Radiation Protection and Control Act.  Retrieved from https://www.legislation.sa.gov.au/_legislation-documents/lz/c/a/radiation-protection-and-control-act-2021/current/2021.4.auth.pdf

Government of South Australia. (2022). Radiation Protection and Control Regulations.  Retrieved from https://www.legislation.sa.gov.au/lz?path=/v/r/2022/radiation%20protection%20and%20control%20regulations%202022_92

Page last reviewed: September 2026