In this Act –

approved code of practice means a code of practice approved under Part 14 ;

authorised , in Part 4  – see section 40 ;

Category 1 offence  – see section 31 ;

Category 2 offence  – see section 32 ;

Category 3 offence  – see section 33 ;

compliance powers means the functions and powers conferred on an inspector under this Act;

condition includes limitation and restriction;

construct includes assemble, erect, reconstruct, reassemble and re-erect;

corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding WHS law;

corresponding WHS law means –

(a) a law of another jurisdiction corresponding or substantially corresponding to this Act; or

(b) a law of this State or another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds or substantially corresponds, to this Act;

dangerous incident , in Part 3  – see section 37 ;

demolition includes deconstruction;

design , in relation to plant, a substance or a structure includes –

(a) design of part of the plant, substance or structure; and

(b) redesign or modify a design;

disclose , in relation to information, includes divulge or communicate to any person or publish;

discriminatory conduct , in Part 6  – see section 105 ;

document includes record;

employee record , in relation to an employee, has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

employer organisation means an organisation of employers;

engage in conduct means doing an act or omitting to do an act;

Fair Work Act means the Fair Work Act 2009 of the Commonwealth;

handling includes transport;

health means physical and psychological health;

health and safety duty  – see section 30 ;

health and safety representative , in relation to a worker, means the health and safety representative elected under Part 5 for the work group of which the worker is a member;

import means to bring into the jurisdiction from outside Australia;

industrial manslaughter offence – see section 29C(1) ;

inspector means an inspector appointed under Part 9 ;

internal reviewer means –

(a) the regulator; or

(b) a person appointed by the regulator under section 225 ;

local authority means a council;

medical treatment means treatment by a medical practitioner;

notifiable incident  – see section 35 ;

officer means –

(a) an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or

(b) an officer of the Crown within the meaning of section 247 ; or

(c) an officer of a public authority within the meaning of section 252  –

other than an elected member of a local authority acting in that capacity;

official of a union , in Part 7  – see section 116 ;

person conducting a business or undertaking  – see section 5 ;

personal information has the same meaning as it has in the Privacy Act 1988 of the Commonwealth;

plant includes –

(a) any machinery, equipment, appliance, container, implement and tool; and

(b) any component of any of those things; and

(c) anything fitted or connected to any of those things;

prohibited reason , in Part 6  – see section 106 ;

public authority means –

(a) an Agency, within the meaning of the State Service Act 2000 ; or

(b) the Police Service; or

(c) a council; or

(d) a statutory authority; or

(e) a body, whether corporate or unincorporated, that is established by or under an Act for a public purpose; or

(f) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown; or

(g) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or

(h) a council-owned company; or

(i) a State-owned company; or

(j) a regulator as defined in a corresponding WHS law;

reasonably practicable , in relation to a duty to ensure health and safety – see section 18 ;

regulator , in Schedule 2  – see Part 1 ;

relevant person conducting a business or undertaking , in Part 7  – see section 116 ;

relevant union , in Part 7  – see section 116 ;

relevant worker , in Part 7  – see section 116 ;

representative , in relation to a worker, means –

(a) the health and safety representative for the worker; or

(b) a union representing the worker; or

(c) any other person the worker authorises to represent him or her;

serious injury or illness , in Part 3  – see section 36 ;

State includes Territory;

State or Territory industrial law has the same meaning as it has in the Fair Work Act;

structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes –

(a) buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and

(b) any component of a structure; and

(c) part of a structure;

substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour;

supply  – see section 6 ;

this Act includes the regulations;

union means –

(a) an employee organisation that is registered, or taken to be registered, under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth; or

(b) an association of employees or independent contractors, or both, that is registered or recognised as such an association (however described) under a State or Territory industrial law;

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses);

WHS entry permit means a WHS entry permit issued under Part 7 ;

WHS entry permit holder means a person who holds a WHS entry permit;

WHS undertaking means an undertaking given under section 216(1) ;

work group means a work group determined under Part 5 ;

worker  – see section 7 ;

workplace  – see section 8 .