s 4

Terms used

In force

In this Act unless the context otherwise requires —

authorised officer means a person who is appointed in writing by the Chief Health Officer;

Board means the Medical Radiation Practice Board of Australia established under the Health Practitioner Regulation National Law (Western Australia) section 31;

Chief Health Officer has the meaning given in the Public Health Act 2016 section 4(1);

Council means the Radiological Council established pursuant to section 13;

electronic product means a manufactured or assembled article, or any component, part or accessory of a manufactured or assembled article, which when in operation contains or acts as part of an electrical circuit, or which acts by electro‑magnetic amplification employing a resonant space, and emits (or in the absence of effective shielding or other control would emit) —

(a)

ionising or non‑ionising, electro‑magnetic, or particulate radiation; or

(b)

any sonic, infrasonic or ultrasonic wave,

save that the provisions of this Act shall not apply thereto except in so far as is prescribed;

irradiating apparatus means any apparatus capable of producing ionising radiation of any prescribed type, or capable of accelerating atomic particles under any prescribed conditions;

medical radiation practitioner means a person who is registered under the Health Practitioner Regulation National Law (Western Australia) in the medical radiation practice profession;

medical radiation technology means —

(a)

medical imaging technology; or

(b)

nuclear medicine technology; or

(c)

radiation therapy;

owner, used in relation to any substance, apparatus, product, article or premises, means the person to whom it belongs or the hirer, lessee, borrower, bailee, or mortgagee in possession, thereof, and includes any attorney, agent, manager, foreman, supervisor or other person in charge or having control or management thereof, or any person acting or representing himself to be acting for an owner; and the concept of possession shall be construed accordingly;

purchaser includes any person, other than a carrying agent, acting on behalf of a purchaser;

radioactive substance means any substances, whether natural or artificial, and whether in the form of a solid, a liquid, a gas, or a vapour, or any compound or mixture, including any article that has been manufactured or subjected to any artificial treatment or process, which consists of or contains more than the maximum prescribed concentration of any radioactive element, whether natural or artificial;

sell, without limiting the scope of the primary meaning, includes —

(a)

placing on the market for sale; and

(b)

bargaining, barter, exchange, loaning or giving; and

(c)

supply and use under a contract for work and materials; and

(d)

dealing in, or agreeing, causing, permitting or attempting to sell or allowing to be sold; and

(e)

offering, exposing, receiving, supplying or possessing for the purposes of sale; and

(f)

sending or delivering for sale or on sale with or without consideration; and

(g)

supply or disposal under hire purchase, credit sale or otherwise upon terms; and

(h)

wholesale, bulk, and retail trading,

and the concepts of sale and purchase shall be construed accordingly.

[Section 4 amended: No. 63 of 1981 s. 4; No. 28 of 1984 s. 96 and 97; No. 21 of 2006 Sch. 3 cl. 5(2)‑(4); No. 35 of 2010 s. 143; No. 17 of 2014 s. 33; No. 19 of 2016 s. 102.]

[5. Deleted: No. 21 of 2006 Sch. 3 cl. 5(5).]

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