Role of the Environment Protection Authority and the Protection from Harmful Radiation Act (1990).

The New South Wales Environment Protection Authority (EPA) regulates the use, sale, disposal, transport and clean-up of radiation apparatus through the Protection from Harmful Radiation Act (1990), and the protection from Harmful Radiation Regulation (2025a). However, under the legislation, lasers are currently not considered ‘regulated material’ and therefore no provisions of the Act or Regulation that directly pertain to lasers; no laser licence is currently required in New South Wales. The EPA also reiterate on their own website that they do not regulate the use of lasers (NSW EPA, 2022). Instead, the EPA point to SafeWork NSW who regulate the occupational use of lasers through the Work Health and Safety Regulation 2025.

NSW Work Health and Safety Law

The use of lasers by Commonwealth entities in New South Wales is primarily governed by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) whilst non-Commonwealth entities are governed by New South Wales law. Similar to other jurisdictions, outside of Victoria, New South Wales have incorporated the model Work Health and Safety Laws into their own legislation; including the Work Health and Safety Act (2011), and the Work Health and Safety Regulation (2025). This legislation governs the use of lasers in industry and this process is regulated by SafeWork NSW. Regulation 223 directly relates to lasers, however as we will discuss, there are other general regulations that extend to PCBUs and workers regarding the use of lasers.

Regulation 223

Regulation 223 of the Work Health and Safety Regulation (2025b) applies to the person with management or control, at a workplace, of laser equipment that may create a risk to health and safety.

According to Regulation 223;

• Laser equipment intended for use on plant must be designed, constructed and installed so as to prevent accidental irradiation of any person.

• Laser equipment on plant must be protected so that any operator of the plant or other person is not exposed to direct, diffuse, reflected or secondary radiation.

• Visual equipment used for the observation or adjustment of laser equipment on plant must not create a risk to health or safety from laser rays.

• Workers operating laser equipment must be trained in the proper operation of the equipment.

• Class 3B and Class 4 lasers (within the meaning of AS 2397:2015) must not be used in construction work.

Regulation 34-39

Regulation 34-39 are not specific to lasers however is 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 provided and:

• 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 Act 1988

In New South Wales, under the Summary Offences Act (1988), it is an offence for anyone to have a laser pointer in their possession in a public place or to use a laser pointer in a public place without a reasonable excuse. Under the Act, a laser pointer is defined as a “hand-held battery-operated device, designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.” A reasonable excuse may include pursuit of an occupation, education, training or hobby, for example someone working in education carrying a laser pointer for the purpose of teaching (NSW Government, 1988; NSW Police Force).

Weapons Prohibition Act 1998

The use of hand-held laser pointers is regulated by NSW police under the Weapons Prohibition Act 1998 (NSW EPA, 2022). In New South Wales, handheld lasers pointers may be classed a prohibited weapon based on their output; it is an offence to possess a handheld laser pointer with an output exceeding 1 milliwatt without a permit or exemption (NSW Government, 1998; NSW Police Force, 2021).

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

NSW EPA. (2022). Information on lasers. NSW Government,. https://www.epa.nsw.gov.au/Your-environment/Radiation/protection-information/info-lasers

NSW Government. (1988). Summary Offences Act Retrieved from https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1988-025

NSW Government. (1990). Protection from Harmful Radiation Act.  Retrieved from https://www.epa.nsw.gov.au/Your-environment/Radiation/managing-radiation-nsw

NSW Government. (1998). Weapons Prohibition Act.  Retrieved from https://www.police.nsw.gov.au/online_services/firearms/permits/prohibited_weapon_permits

NSW Government. (2011). Work Health and Safety Act Retrieved from https://legislation.nsw.gov.au/view/html/inforce/current/act-2011-010#sec.1

NSW Government. (2025a). Protection From Harmful Radiation Regulation.  Retrieved from https://www.epa.nsw.gov.au/Your-environment/Radiation/managing-radiation-nsw

NSW Government. (2025b). Work Health and Safety Regulation.  Retrieved from https://legislation.nsw.gov.au/view/html/inforce/current/sl-2025-0440

NSW Police Force. Laser Pointers. Retrieved 29/09/26 from https://www.police.nsw.gov.au/online_services/firearms/laser_pointers

NSW Police Force. (2021). Schedule 1 - Prohibited Weapons - Prescribed Safe Storage.  Retrieved from https://www.police.nsw.gov.au/__data/assets/pdf_file/0018/133191/Prohibited_Weapons_Schedule.pdf

Page last reviewed: September 2026