4Definitions

4 Definitions In these Regulations— Reg. 4 def. of *adult* inserted by S.R. No. 15/2021 reg. 3. ***adult*** means a person of or above the age of 18 years; ***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; Reg. 4 def. of *child* inserted by S.R. No. 15/2021 reg. 3. ***child***, in the case of a person who is alleged to have committed an infringement offence, means a person who at the time of the alleged commission of the infringement offence was of or above the age of 10 years and under the age of 18 years; ***commercial vehicle wash*** means a business where cars, trucks and other vehicles are washed; Reg. 4 def. of *disease vector* revoked by S.R. No. 88/2022 reg. 5(2). ***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; Reg. 4 def. of *HIV* inserted by S.R. No. 88/2022 reg. 5(1). ***HIV*** means the human immuno-deficiency virus; ***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; Reg. 4 def. of *laboratory service* revoked by S.R. No. 88/2022 reg. 5(2). ***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.