5Definitions

5 Definitions

Note: The following expressions used in this instrument are defined in the Act:

(a) explosives;
(b) handling;
(c) vessel.

In this instrument:

Act means the Explosives Act 1961.

AE Code (short for Australian Explosives Code) means the third edition of the Australian Code for the Transport of Explosives by Road and Rail endorsed by the Workplace Relations Ministers’ Council on 3 April 2009.

Note: The AE Code can be viewed on the Safe Work Australia website (https://www.safeworkaustralia.gov.au).

approved security plan for a regulated Commonwealth agency means a security plan approved by the Competent Authority under subsection 16(2), for the regulated Commonwealth agency.

authorised Commonwealth explosive means a Commonwealth explosive, or a kind of Commonwealth explosive, specified in an order made under subsection 43(1).

Commonwealth explosives means explosives to which Part II of the Act applies.

Note: See sections 5 and 9 of the Act.

Commonwealth explosives area has the meaning given by section 13 of the Act.

Note: See also section 7 of this instrument.

Commonwealth land has the meaning given by section 13 of the Act.

Commonwealth public official has the meaning given by the Criminal Code.

Competent Authority means the person appointed under section 30 as the Competent Authority.

Note: See also section 6 on references in the AE Code to Competent Authority.

compliance auditor means a person appointed under section 32 to be a compliance auditor for the purposes of this instrument.

fire hazard area means an area of a Commonwealth explosives area to which a determination under section 39 applies.

involved: a person who is involved in the transport of Commonwealth explosives or authorised Commonwealth explosives includes:

(a) a person who does one or more of the following:
(i) packs, or marks packages containing, Commonwealth explosives for transport by road or rail;
(ii) marks or placards freight containers and vehicles in which Commonwealth explosives are transported by road or rail;
(iii) consigns Commonwealth explosives for transport by road or rail, including preparing any documents and giving notices or other information required by or under the AE Code for the consignment of such explosives;
(iv) loads Commonwealth explosives onto a vehicle for transport by road or rail, including securing the explosives on the vehicle and doing anything to comply with any requirement of the AE Code limiting the quantity of such explosives that may be carried on the vehicle;
(v) unloads Commonwealth explosives that have been transported by road or rail;
(vi) undertakes a task that is required, in accordance with an approved security plan, to be undertaken for the security of Commonwealth explosives to which the security plan relates;
(vii) drives a road vehicle carrying Commonwealth explosives or acts as an attendant (within the meaning of the AE Code) for the transport of those explosives;
(viii) drives a rail vehicle carrying Commonwealth explosives or a train of which a rail vehicle carrying such explosives forms part;
(ix) undertakes maintenance on vehicles that are used to transport Commonwealth explosives by road or rail;
(x) undertakes a task in relation to the segregation of Commonwealth explosives from other Commonwealth explosives or other explosives including, if more than 2 rail vehicles are used to transport the explosives, a task in relation to the separation of the rail vehicles;
(xi) in the event of an emergency of a kind referred to in the AE Code involving Commonwealth explosives—anything that is required to be done by the AE Code in such an emergency;
(xii) provides training relating to Commonwealth explosives to drivers of vehicles transporting the explosives; and
(b) the owner (within the meaning of the AE Code) of a road vehicle that is being used to transport Commonwealth explosives; and
(c) a prime contractor (within the meaning of the AE Code) having responsibility for the transport of Commonwealth explosives by road or rail; and
(d) a rail operator (within the meaning of the AE Code) having responsibility for:
(i) the transport of Commonwealth explosives by rail; or
(ii) the condition of a rail vehicle transporting those explosives; and
(e) a person who:
(i) is, within the meaning of the AE Code, a supervisor or a person in charge; and
(ii) supervises, or is in charge of, an activity, or part of an activity, covered by this definition; and
(f) a Commonwealth public official, not covered by another paragraph of this definition, whose functions or duties include responsibility for the transport of Commonwealth explosives by road or rail.