Victorian Numbered Regulations Victorian Numbered RegulationsIn these Regulations—
"aquatic facility" means—
(a)a category 1 aquatic facility that is not an exempt aquatic facility; or
(b)a category 2 aquatic facility that is not an exempt aquatic facility;
"aquatic facility operator" means a person who owns, manages or controls an aquatic facility;
"article" means any appliance, instrument, container, applicator, cosmetic, dye, dressing or thing used on a living human being;
"biocide" means a physical or chemical agent capable of killing micro-organisms;
"body" piercing has the same meaning as it has in section 43(1) of the Summary Offences Act 1966 ;
category 1 aquatic facility means a swimming pool, spa pool or interactive water feature that—
(a) is used by members of the public, whether free of charge or on payment of a fee; or
(b) is used in association with a class or program that is offered free of charge or on payment of a fee; or
(c) is located at the premises of an early childhood service, school or other educational institution; or
(d) is located at premises at which residential aged care services are provided; or
(e) is located at any of the following premises—
(i) a public hospital;
(ii) a multi purpose service;
(iii) a denominational hospital;
(iv) a private hospital;
(v) a privately-operated hospital within the meaning of section 3(1) of the Health Services Act 1988 ;
category 2 aquatic facility means a swimming pool or spa pool that is used by members of the public and located at the premises of the following—
(a) a residential apartment complex;
(b) a hotel, motel or hostel;
"commercial vehicle wash" means a business where cars, trucks and other vehicles are washed;
"disease vector "means an animal, including a bird or insect, capable of carrying a disease transmissible to human beings;
"disinfect" means to carry out a process which—
(a) is intended to inactivate or remove pathogenic micro-organisms; and
(b) in the case of a cooling tower system, consists of dosing the recirculating water inside the cooling tower system with—
(i) a chlorine based compound, equivalent to at least 10 mg/L of free chlorine for at least one hour, while maintaining the pH of the water between 7·0 and 7·6; or
(ii) a bromine based compound, equivalent to at least 20 mg/L of free bromine for at least one hour, while maintaining the pH of the water between 7·0 and 8·5;
"drinking water" has the same meaning as it has in section 3 of the Safe Drinking Water Act 2003 ;
"exempt aquatic facility "means any of the following—
(a) a spa pool that is, or is intended to be, emptied of water after each use;
(b) a floatation tank;
(c) a spring water pool that has a turnover rate of at least 25 percent of the entire volume of the water in the pool to waste each hour;
(d) a waterway within the meaning of section 3(1) of the Water Act 1989 ;
(e) a private dam within the meaning of section 3(1) of the Water Act 1989 ;
"floatation tank" means a heated, highly saline, fluid-filled enclosed tank designed for individual therapeutic use;
"food premises" has the same meaning as it has in section 4(1) of the Food Act 1984 ;
"food vending machine" has the same meaning as it has in section 4(1) of the Food Act 1984 ;
"healthcare identifier" has the same meaning as in the Healthcare Identifiers Act 2010 of the Commonwealth;
"heterotrophic colony count" means an estimate of the number of the viable units of bacteria per millilitre of water;
"interactive water feature" means any of the following—
(a) a water slide and its associated receiving pool that uses recirculating water;
(b) a wave pool or water play park that uses recirculating water;
(c) any other artificially constructed water play feature where recirculating water may be inhaled or swallowed by a person or come into contact with a person's skin or mucous membranes;
"laboratory" means a laboratory accredited by the National Association of Testing Authorities;
"laboratory service" has the same meaning as it has in section 130(9) of the Act;
"Legionella" means bacteria belonging to the genus Legionella ;
"medicare number" has the same meaning as in Part VII of the National Health Act 1953 of the Commonwealth;
"mosquito breeding ground "means a place where mosquito eggs, larvae or pupae are present;
"nucleic acid test "means any test that detects nucleic acid, including polymerase chain reaction testing;
"personal service" means any of the following—
(a) beauty therapy;
(b) applying cosmetics that does not involve skin penetration or tattooing;
(c) hairdressing;
(d) colonic irrigation;
(e) tattooing;
(f) ear piercing, body piercing or any other process involving skin penetration;
"prison" has the same meaning as it has in section 3(1) of the Corrections Act 1986 ;
"privately-operated hospital" has the same meaning as it has in section 3(1) of the Health Services Act 1988 ;
"Public Health Laboratory" means—
(a) the Microbiological Diagnostic Unit Public Health Laboratory; or
(b) the Victorian Infectious Diseases Reference Laboratory (Peter Doherty Institute for Infection and Immunity);
"recirculating water", in respect of a cooling tower system, means the water that circulates inside a cooling tower system;
"residential apartment complex" means land affected by an owners corporation (within the meaning of section 3 of the Owners Corporations Act 2006 ) where the lots consist predominantly of self-contained apartments;
"self-contained apartment "means a portion of a building that forms a self-contained residence, including kitchen, bathroom and toilet facilities, under the exclusive possession of the occupier;
"spa pool "means an artificially constructed pool that —
(a) has facilities for circulating heated turbulent water; and
(b) is used or intended to be used for passive recreational or therapeutic bathing;
"swimming pool "means any artificial structure containing water that is used or intended to be used by people for any of the following—
(a) swimming;
(b) diving;
(c) recreational or therapeutic bathing;
(d) hydrotherapy;
(e) exercise;
(f) paddling;
(g) wading;
"the Act "means the Public Health and Wellbeing Act 2008 ;
"vaccine-preventable disease" means a disease prescribed by regulation 106 to be a vaccine-preventable disease;
"water delivery system" includes any shower plumbing, bath, pipes, water heaters, bathing facilities, water storage tanks or vehicle washing equipment used to store, deliver, transmit, treat or mix water;
"Water Quality Guidelines" means the Water quality guidelines for public aquatic facilities: Managing public health risks, as published by the Secretary on the Department's website from time to time.