Australian Capital Territory Numbered Acts

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OCCUPATIONAL HEALTH AND SAFETY AMENDMENT ACT 2004 (NO. 29 OF 2004) - SECT 28

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Dictionary

(see s 4)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     chief executive

              •     found guilty

              •     under.

"alleged contravention", for division 6.6 (Enforceable undertakings)—see section 78A (3) (b) (Making of safety undertakings).

"analysis", of a substance or other thing, includes examining or testing the thing.

"at" premises includes in or on the premises.

"authorised analyst" means a person appointed as an authorised analyst under section 93J.

"authorised representative", for division 4.3A (Entry to workplaces by authorised representatives)—see section 57A.

"basis", for giving a prohibition notice, for division 6.5 (Prohibition notices)—see section 77.

"compliance agreement"—see section 75G (2).

"connected", for part 5 (Enforcement powers)—see section 61.

"data", for part 5 (Enforcement powers)—see section 61.

"data storage device", for part 5 (Enforcement powers)—see section 61.

"eligible person", for part 7 (Review of decisions)—

        (a)     for an internally reviewable decision—see section 82 (b);

        (b)     for a reviewable decision—see section 82 (d).

"enforceable undertaking", for division 6.6 (Enforceable undertakings)—see section 78.

"examine "includes inspect, weigh, count, test and measure.

"hazard"—a thing (including an intrinsic property of a thing), or a situation is a hazard if it has the potential to kill or injure a person.

"improvement notice"—see section 76A.

"inspector"—

        (a)     means an inspector under section 84R; and

        (b)     for division 7.2 (Reconsideration and review of decisions)—see section 81.

"internally reviewable decision", for part 7 (Review of decisions)—see section 82 (a).

"occupier"—

        (a)     of a workplace, includes a person believed, on reasonable grounds, to be the person in charge of the performance of work at the workplace and a person apparently in charge of the performance of the work;

        (b)     of premises, includes a person believed, on reasonable grounds, to be the occupier or person in charge of the premises and a person apparently in charge of the premises.

"offence", for part 5 (Enforcement powers)—see section 61.

"office", in a registered organisation, for division 4.3A (Entry to workplaces by authorised representatives)—see section 57A.

"person assisting", in relation to a search warrant, for part 5 (Enforcement powers)—see section 61.

"plant" includes—

        (a)     machinery, equipment or a tool; and

        (b)     a component of, or accessary to machinery, equipment or a tool.

"prohibition notice"—see section 77A.

"registered organisation", for division 4.3A (Entry to workplaces by authorised representatives)—see section 57A.

"relevant person", for an enforceable undertaking, for division 6.6—see section 78.

"relevant responsible person"—

        (a)     for division 6.3 (Compliance agreements)—see section 75F;

        (b)     for division 6.4 (Improvement notices)—see section 76;

        (c)     for division 6.5 (Prohibition notices)—see section 77.

"responsible person", for a contravention of a provision of this Act, for part 6 (Compliance measures)—see section 75.

"reviewable decision", for part 7 (Review of decisions)—see section 82 (c).

"risk" means the likelihood of death or harm to a person from a hazard.

"safety duty", for division 3.2 (Failure to comply with safety duties)—see section 35B.

"safety undertaking", for division 6.6 (Enforceable undertakings)—see section 78A (2).

"search warrant", for part 5 (Enforcement powers)—see section 61.

"serious harm", to a person—see the Criminal Code, dictionary.

"substance" includes a matter, material or thing, whether solid, liquid or gas or in a mixture.

"vehicle "means any kind of vehicle on wheels (including a vehicle used on railways or tramways), and includes an aircraft or vessel used on water.



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