In this Part, unless the contrary intention appears:

"ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail, 6th edition, published by the Federal Office of Road Safety in 1998.

article means a solid object:

(a)

that is produced with a specific shape, design or surface; and

(b)

that is used for a purpose that depends, wholly or partly, on that shape, design or surface; and

(c) the chemical composition and physical state of which:

(i)

do not change when the object is used for that purpose; or

(ii)

change only when the object is used for that purpose.

asbestos means any of the following fibrous forms of mineral silicates belonging to the serpentine and amphibole groups of rock-forming minerals:

(a)

actinolite asbestos;

(b)

amosite (brown asbestos);

(c)

anthophyllite asbestos;

(d)

chrysotile (white asbestos);

(e)

crocidolite (blue asbestos);

(f)

tremolite asbestos.

"atmospheric monitoring "means the sampling of workplace atmospheres to derive a quantitative measure of exposure to a hazardous substance through inhalation.

"biological monitoring" means the measurement and evaluation of a hazardous substance, or its metabolites, in the body tissue, fluids or exhaled air of an employee or a contractor.

bona fide research :
(a) means a systematic, investigative or experimental activity conducted for the purpose of:

(i)

acquiring new knowledge; or

(ii)

creating new or improved materials, products, devices, processes or services; and

(b)

includes an activity conducted for the purpose of preparing an item containing asbestos for display in a museum or other historical displays.

"chemical name", in relation to a substance, means the recognised chemical name of the substance that is used generally in scientific and technical texts.

container :

(a)

means an object in, or by which, a substance is, or has been, wholly or partly contained or packed, whether or not the object is empty, partly filled or completely filled; and

(b)

does not include a tank or a bulk storage container within the meaning of the ADG Code.

"emergency service" includes a fire, ambulance and police department, and any other department, agency or instrumentality of the Crown, that may be required to attend at the scene of an emergency at a workplace.

"exposure standard", in relation to exposure to a substance, means an airborne concentration of the substance in a person's breathing zone identified in accordance with the Exposure Standards for Atmospheric Contaminants in the Occupational Environment [NOHSC:1003 (1995)].

"hazardous substance" means a scheduled carcinogenic substance.

Note
It is intended that this definition be expanded over time to cover other substances. The omission of a substance from this definition should not be presumed to be indicative of the absence of a hazard relating to the substance.

"health surveillance" means the monitoring of an employee or a contractor, including the use of biological monitoring, to identify changes (if any) in the employee's or contractor's health due to exposure to a hazardous substance, but does not include atmospheric monitoring.

in situ , in relation to a chrysotile product, means that, at the time the use of chrysotile is prohibited under regulation 2.08, the product is fixed or installed:
(a) in:

(i)

a ship or any other structure that forms a workplace; or

(ii)

a plant or any other thing that is for use at a workplace; and

(b)

in a way that does not constitute a risk to users until the chrysotile contained in the product is disturbed.

Example
The following are examples of chrysotile in products that are in situ:
(a) chrysotile used between lamina in laminated panelling;
(b) chrysotile used as a fire retardant in wall cladding in engine rooms.

"minimise" means to reduce to the lowest level that is reasonably practicable to achieve.

"MSDS" means a Material Safety Data Sheet.

"NICNAS summary report" means a summary report within the meaning of the Industrial Chemicals (Notification and Assessment) Act 1989 .

"product name", in relation to a hazardous substance, means the brand name, trade name, code name or code number given to the substance by the supplier of the substance.

risk phrase , in relation to a hazardous substance, means a word, or series of words:

(a)

that describes the hazards of the substance; and

(b)

that is set out in the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (1999)].

"risk to health "means the likelihood that a substance will cause harm to health in the circumstances of its use.

safety phrase , in relation to a hazardous substance, means a word, or series of words:

(a)

that describes the procedures for the safe handling or storage of the substance or the use of personal protective equipment in connection with the substance; and

(b)

that is set out in the Approved Criteria for Classifying Hazardous Substances [NOHSC:1008 (1999)].

"scheduled carcinogenic substance" means a substance mentioned in column 2 of Schedule 1.

substance :

(a)

includes a chemical entity, composite material, mixture or formulation; and

(b)

other than in relation to an article that contains asbestos — does not include an article.

substance name means:

(a)

for a substance that is referred to in the ADG Code — the shipping name, assigned to the substance in the ADG Code, that meets the classification criteria described in the ADG Code; and

(b)

for a substance referred to in the Standard for the Uniform Scheduling of Drugs and Poisons (also known as SUSDP), published by the National Health and Medical Research Council — the name given to the substance in that document; and

(c)

for any other substance — the chemical name of the substance.

"use", in relation to a substance at a workplace, means produce, handle, store, transport or dispose of the substance at the workplace.

Note
In addition to these definitions, a number of expressions that are used in these Regulations are defined in section 4 of the Act, including contractor , employee , operator and workplace .