5Definitions

#### 5 Definitions In this Act: > accredited person means a person who is accredited under the WHS Accreditation Scheme. > authorised applicant for an order relating to a contravention of a civil remedy provision means: (b) a person affected by the contravention; or (c) a person prescribed by the rules for the purposes of this paragraph. Rules prescribing persons for the purposes of paragraph (c) may provide that a person is prescribed only in relation to circumstances specified in the rules. > builder has the meaning given by subsection 43(8). > building contractor means a person who has entered into, or who has offered to enter into, a contract for services under which the person: (a) carries out building work; or (b) arranges for building work to be carried out. > building employee means: (a) a person whose employment consists of, or includes, building work; or (b) a person who accepts an offer of engagement as an employee for work that consists of, or includes, building work. > building employer means an employer who employs, or offers to employ, building employees. > building work has the meaning given by section 6. > civil penalty order means an order under paragraph 81(1)(a). > civil remedy provision means: (a) a Grade A civil remedy provision; or (b) a Grade B civil remedy provision. > Commonwealth place means a place referred to in paragraph 52(i) of the Constitution, other than the seat of government. > compliance powers means functions and powers conferred on a Federal Safety Officer. > compliance purposes means the purposes referred to in subsection 70(2). > conduct includes an omission. > constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. > copy a document includes take extracts from the document. > corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > disclose means divulge or communicate. > employee has its ordinary meaning, and: (a) includes an individual who is usually an employee within that meaning; but (b) does not include an individual on a vocational placement. > employer has its ordinary meaning, and includes a person that is usually an employer within that meaning. > evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. > Federal Court means the Federal Court of Australia. > Federal Safety Commissioner means the Federal Safety Commissioner referred to in section 37. > Federal Safety Officer means: (a) the Federal Safety Commissioner; or (b) a person appointed as a Federal Safety Officer under subsection 68(1). > FW Act means the Fair Work Act 2009. > Grade A civil remedy provision means: (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade A civil penalty”; or (b) a subsection of this Act that has a note at its foot stating “Grade A civil penalty”. > Note: The maximum penalty for a Grade A civil remedy provision is 1,000 penalty units for bodies corporate, and otherwise 200 penalty units (see subsection 81(2)). > Grade B civil remedy provision means: (a) a section of this Act (other than a section that is divided into subsections) that has a note at its foot stating “Grade B civil penalty”; or (b) a subsection of this Act that has a note at its foot stating “Grade B civil penalty”. > Note: The maximum penalty for a Grade B civil remedy provision is 100 penalty units for bodies corporate, and otherwise 20 penalty units (see subsection 81(2)). > Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. > land has a meaning affected by subsection 6(6). > occupier has the same meaning as in the FW Act. > pre‑construction agreement has the meaning given by subsection 43(8). > premises has the same meaning as in the FW Act. > relevant court means each of the following courts: (a) the Federal Court; (b) the Federal Circuit and Family Court of Australia (Division 2); (c) a Supreme Court of a State or Territory; (d) a District Court, or County Court, of a State. > relevant State or Territory court means each of the following courts: (a) a District, County or Local Court of a State; (b) a magistrates court; (c) the Industrial Relations Court of South Australia; (d) the Industrial Court of New South Wales; (e) any other State or Territory court that is prescribed by the rules. > resources platform means an artificial island, installation or structure attached to the seabed for the purpose of exploration for, or exploitation of, resources or for other economic purposes. > Secretary means the Secretary of the Department. > this Act includes the rules and the regulations. > WHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43.