13Definitions

#### 13 Definitions In this Act, unless the contrary intention appears: > annual charge means charge imposed by the Licence Charges Act. > CEO or Chief Executive Officer means the CEO referred to in section 14. > Commonwealth contractor means a person (other than a Commonwealth entity) who is a party to a contract with a Commonwealth entity. > Note: Section 11 limits the circumstances in which the provisions of this Act apply to Commonwealth contractors. > Commonwealth entity means any of the following: (a) the Commonwealth; (b) a body corporate established for a public purpose by or under an Act; (c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together: (i) the Commonwealth; (ii) a body covered by paragraph (b); (d) an employee of a person or body covered by any of the above paragraphs. > controlled apparatus means any of the following: (a) an apparatus that produces ionizing radiation when energised or that would, if assembled or repaired, be capable of producing ionizing radiation when energised; (b) an apparatus that produces ionizing radiation because it contains radioactive material; (c) an apparatus prescribed by the regulations that produces harmful non‑ionizing radiation when energised. > controlled facility means: (a) a nuclear installation; or (b) a prescribed radiation facility; or (c) a prescribed legacy site. > controlled material means any natural or artificial material, whether in solid or liquid form, or in the form of a gas or vapour, which emits ionizing radiation spontaneously. > controlled person means any of the following: (a) a Commonwealth entity; (b) a Commonwealth contractor; (c) a person in the capacity of an employee of a Commonwealth contractor; (d) a person in a prescribed Commonwealth place. > Council means the Radiation Health and Safety Advisory Council established by section 19. > CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. > deal with, in relation to a controlled apparatus or controlled material, means any of the following: (a) possess, or have control of, the apparatus or material; (b) use or operate the apparatus, or use the material; (c) dispose of the apparatus or material. > evidential material means any of the following: (a) any thing with respect to which an offence against this Act or the regulations has been committed or is suspected, on reasonable grounds, to have been committed; (b) any thing as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; (c) any thing as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence. > facility licence means a licence issued under section 32. > Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013. > improvement notice: see subsection 80A(2). > inspector means a person appointed as an inspector under section 62. > ionizing radiation means electromagnetic or particulate radiation capable of producing ions directly or indirectly, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres. > licence means a source licence or a facility licence. > Licence Charges Act means the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998. > modifications includes omissions, additions and substitutions. > non‑ionizing radiation means electromagnetic radiation of a wavelength greater than 100 nanometres. > nuclear installation means any of the following: (a) a nuclear reactor for research or production of radioactive materials for industrial or medical use (including critical and sub‑critical assemblies); (b) a plant for preparing or storing fuel for use in a nuclear reactor as described in paragraph (a); (c) a radioactive waste storage or disposal facility with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section; (d) a facility for production of radioisotopes with an activity that is greater than the activity level prescribed by regulations made for the purposes of this section; (e) a plant for storing spent fuel that has been used in a nuclear reactor as described in paragraph (a). > occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises. > permitted person: see section 11A. > Note: Section 11A limits the circumstances in which the provisions of this Act apply to a permitted person. > person covered by a licence means: (a) a controlled person who is authorised under the licence to deal with a controlled apparatus or controlled material or to undertake an activity in relation to a controlled facility; or (b) a permitted person in relation to the licence. > premises includes the following: (a) a structure, building, aircraft, vehicle or vessel; (b) a place (whether enclosed or built on or not); (c) a part of a thing referred to in paragraph (a) or (b). > prescribed Commonwealth place means a place that is referred to in paragraph 52(i) of the Constitution and is prescribed by the regulations for the purposes of this definition. > prescribed legacy site means a place (whether enclosed or built on or not) that is prescribed by the regulations for the purposes of this definition. > prescribed radiation facility means a facility or installation that is prescribed by the regulations for the purposes of this definition. > radiation means ionizing radiation or non‑ionizing radiation. > radiation control officer means a person who: (a) holds a senior position in a regulatory body of a State or Territory; and (b) is responsible for matters relating to radiation protection or nuclear safety. > remediate, in relation to a prescribed legacy site, means to apply measures to the site to reduce the exposure of people or the environment to radiation from contamination of the site with radioactive material. > seize includes secure against interference. > source licence means a licence issued under section 33. > thing includes a substance, and a thing in electronic or magnetic form.