3Interpretation

#### 3 Interpretation In this Act, unless the contrary intention appears: > adviser means a person appointed under subsection 40(1) to advise a Commissioner. > aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include an air‑cushion vehicle. > appoint includes re‑appoint. > Australia, when used in a geographical sense, includes the external Territories. > Australian aircraft means an aircraft that is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft. > Australian vessel means: (a) a vessel that is in Australian control; (b) a vessel that is registered under the Shipping Registration Act 1981; or (c) a vessel that is not so registered but is permitted to be so registered (other than a vessel that, under the law of another country, is entitled to fly the flag of that country and is flying that flag). > award includes a determination or other instrument making provision with respect to terms and conditions of employment, being a determination or instrument of a kind similar to an award. > Chairperson means the Chairperson of the Commission. > Chief Executive Officer means the Chief Executive Officer of the Commission. > Commission means the National Occupational Health and Safety Commission established by this Act. > Commissioner means a Commissioner appointed under subsection 40(1). > disease includes any physical or mental ailment, disorder, defect or morbid condition whether of sudden onset or gradual development and whether of genetic or other origin. > Executive means the Executive established by section 20. > Fund means the National Occupational Health and Safety Research Fund established by section 58. > in Australian control means in the control or possession of one or more of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) an authority of the Commonwealth; (c) a corporation established for a purpose of a State or Territory by or under a law in force in that State or Territory; (d) any other corporation in which a State or Territory, or a corporation referred to in paragraph (c), has a controlling interest. > injury means any physical or mental injury. > inquiry means an inquiry conducted pursuant to a direction under subsection 39(1). > Institute means the National Institute of Occupational Health and Safety referred to in subsection 29(1). > international instrument includes a declaration, proclamation or statement adopted or made (whether by the passing of a resolution, the issuing of an instrument or otherwise) by an international organization. > member means a member of the Commission, and includes the Chief Executive Officer and the Chairperson. > member of the staff of the Commission means: (a) a member of the staff referred to in subsection 53(1); (b) a person engaged as an employee or a consultant under section 55; or (c) a person whose services are being made available to the Commission in accordance with arrangements under subsection 54(1), (2) or (3). > Minister means: (a) in relation to the Australian Capital Territory—a person holding Office as Chief Minister or Minister under the Australian Capital Territory (Self‑Government) Act 1988; (b) in relation to the Northern Territory—a person holding Ministerial Office under section 36 of the Northern Territory (Self‑Government) Act 1978. > national standards and codes of practice means national standards and codes of practice declared under Part VI. > nominating authority means: (a) in relation to a member referred to in paragraph 10(1)(b)—the Australian Council of Trade Unions; (b) in relation to a member referred to in paragraph 10(1)(c)—the Australian Chamber of Commerce and Industry; (c) in relation to a member nominated by the Premier of a State—the Premier for the time being of the State; (d) in relation to the member referred to in paragraph 10(1)(e)—the Minister; (e) in relation to the member referred to in paragraph 10(1)(f)—the Minister for Health; and (f) in relation to the member referred to in paragraph 10(1)(g)—the Minister for Territories. > occupation means a full‑time or part‑time occupation, and includes an occupation as: (a) an employee under: (i) a contract of service or a contract of apprenticeship; or (ii) a law of the Commonwealth or of a State or Territory; (b) a person who performs work (including work of a professional nature) under a contract for or in relation to the performance of the work (whether with or without the supply of goods); (c) a person who holds or performs the duties of an appointment, office or position under the Constitution or under a law of the Commonwealth, a State or a Territory; (d) a person who is otherwise in the service of the Commonwealth, a State or a Territory (including service as a member of the Defence Force or as a member of a police force); (e) a member of the Parliament of the Commonwealth or of a State or of a prescribed legislative or advisory body of a Territory; (f) a self‑employed person; (g) a voluntary worker; (h) a person who performs work for a business carried on by, or by a member of, the family of the person; (j) a director of an incorporated company; (k) a student at a school, university or college; or (m) a prisoner. > occupational hazard means any matter, thing, process or practice that may cause work‑related death or work‑related trauma. > occupational health and safety matters means matters relating to occupational health or occupational safety and, without limiting the generality of the foregoing, includes matters relating to one or more of the following: (a) the physiological and psychological needs and well‑being of persons engaged in occupations; (b) work‑related death; (c) work‑related trauma; (d) the prevention of work‑related death or work‑related trauma; (e) the protection of persons from, or from risk of, work‑related death or work‑related trauma; (f) the rehabilitation and re‑training of persons who have suffered work‑related trauma. > Office means the National Occupational Health and Safety Office referred to in subsection 29(1). > Parliament means: (a) in relation to the Australian Capital Territory—the Legislative Assembly of the Australian Capital Territory; or (b) in relation to the Northern Territory—the Legislative Assembly of the Northern Territory. > part‑time member means a member other than the Chief Executive Officer. > Premier means: (a) in relation to the Australian Capital Territory—the Chief Minister of the Australian Capital Territory; or (b) in relation to the Northern Territory—the Chief Minister of the Northern Territory. > State includes the Australian Capital Territory and the Northern Territory. > Territory does not include the Australian Capital Territory or the Northern Territory. > vessel means a vessel or boat of any description, and includes: (a) an air‑cushion vehicle; and (b) any floating structure. > work‑related death means death that is or may be related to: (a) the occupation of the deceased person; or (b) the occupational activities of another person. > work‑related trauma means: (a) the injury of a person (including the aggravation, acceleration or recurrence of an injury of the person); (b) the contraction, aggravation, acceleration, or recurrence of a disease of a person; (c) the loss or destruction of, or damage to, an artificial limb or other artificial substitute, or a medical, surgical or other similar aid or appliance used by a person; or (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to a person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to, the person or to the community; that is or may be related to: (e) the occupation of the person; or (f) the occupational activities of another person. > working party means a working party constituted pursuant to section 26.