Document ID: chunk:federal_register_of_legislation:C2023C00358:section:5:p1
Version: federal_register_of_legislation:C2023C00358
Segment Type: section
Provision Reference: s 5 (pt 1/2)
Character Range: 8076–10928

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