Safety in Recreational Water Activities Act 2011

section 6

applied WHS, in relation to a provision, means that provision of the Work Health and Safety Act 2011 as applied under this Act for the purposes of this Act.

approved code of practice means a code of practice approved under part 5, division 2.

category 1 offence see section 21.

category 2 offence see section 22.

category 3 offence see section 23.

causes, for part 2A, see section 25A(2).

condition includes limitation and restriction.

conduct, for part 2A, see section 25A(1).

construct includes assemble, erect, reconstruct, reassemble and re-erect.

corresponding law means—

a law of another State corresponding, or substantially corresponding, to this Act; or

a law of another State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

corresponding regulator means the holder of a public office, or a public authority, of the Commonwealth, or of a State, who or which is responsible for administering a corresponding law.

dangerous incident, for part 3, see section 28.

disclose, in relation to information, includes divulge or communicate to any person or publish.

document includes record.

engages in conduct means doing an act or omitting to do an act.

executive officer, of a corporation, for part 2A, see section 25A(1).

health means physical and psychological health.

health and safety duty for recreational water activities see section 20.

inspector means an inspector under section 33.

notifiable incident see section 26.

officer means—

an officer within the meaning of section 9AD of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or

an officer of the State, Commonwealth or another State within the meaning of applied WHS section 247; or

an officer of a public authority within the meaning of applied WHS section 252;

other than an elected member of a local government acting in that capacity.

person conducting a business or undertaking see the Work Health and Safety Act 2011, section 5.

place includes—

a vehicle, vessel, aircraft or other mobile structure; and

any waters and any installation on land, on the bed of any waters or floating on any waters.

plant includes—

any machinery, equipment, appliance, container, implement and tool; and

any component of any of those things; and

anything fitted or connected to any of those things.

public authority means—

an authority or body, whether a body corporate or not, established or incorporated for a public purpose by a law of the State, another State or of the Commonwealth, including a body corporate incorporated under a law of the State, another State or of the Commonwealth in which the State, the other State or the Commonwealth has a controlling interest; or

a GOC; or

local government; or

a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

reasonably practicable, in relation to a duty to ensure recreational water activities health and safety, see section 15.

recreational water activities health and safety means health and safety relating to the provision of recreational water activities by a person conducting a business or undertaking.

recreational water activities health and safety undertaking means an undertaking under applied WHS part 11.

recreational water activity see section 7.

regulator means the regulator under section 32.

senior officer, of a person conducting a business or undertaking, for part 2A, see section 25A(1).

serious injury or illness, for part 3, see section 27.

structure means anything that is constructed, whether fixed or moveable, temporary or permanent, and includes—

buildings, masts, towers, framework, pipelines, transport infrastructure and underground works (shafts or tunnels); and

any component of a structure; and

part of a structure.

substance means any natural or artificial substance, whether in the form of a solid, liquid, gas or vapour.

supply see the Australian Consumer Law (Queensland).

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

waters means waters of any description at any place, whether natural or constructed.Examples of waters—

river, stream, watercourse, canal, lake, rapids, waterfall, the sea, water slide, pool

worker see the Work Health and Safety Act 2011, section 7.