New South Wales Consolidated Acts

RADIATION CONTROL ACT 1990 - SECT 4

4 Definitions

(1) In this Act:
"approved" means approved for the time being by the Authority.
"authorised officer" means a person appointed by the Authority under Part 7.2 of the Protection of the Environment Operations Act 1997 as an authorised officer for the purposes of this Act.
"Authority" means the Environment Protection Authority.
"Council" means the Radiation Advisory Council constituted by this Act.
"environment" means components of the earth, including:

(a) land, air and water, and

(b) any layer of the atmosphere, and

(c) any organic or inorganic matter and any living organism, and

(d) human-made or modified structures and areas,

and includes interacting natural ecosystems that include components referred to in paragraphs (a)-(c).
"ionising radiation" means electromagnetic or particulate radiation capable of producing ions directly or indirectly in passage through matter, but does not include electromagnetic radiation of a wavelength greater than 100 nanometres.
"licence" means a licence (including a temporary licence) in force under section 6.
"National Directory" means the national guidance documents titled “ National Directory for Radiation Protection ” approved by the Health Ministers for the States, Territories and Commonwealth from time to time.
"non-ionising radiation" means:

(a) electromagnetic radiation of a wavelength greater than 100 nanometres, or

(b) non-varying electric or magnetic fields, or

(c) sonic, infrasonic or ultrasonic waves that are prescribed as non-ionising radiation for the purposes of this definition.

"occupier", in relation to premises, means:

(a) the person in occupation or control of the premises, or

(b) if the premises have different parts occupied or controlled by different persons, the person in occupation or control of the part concerned.

"owner", in relation to any apparatus or thing that has been leased or let out on hire, means the lessee or the person who takes it on hire.
"premises" includes:

(a) a structure, building, aircraft, vehicle or vessel, and

(b) land or a place (whether enclosed or built on or not), and

(c) any part of premises.

"radiation apparatus" means a manufactured or assembled article, or any component, part or accessory of such an article, which when in operation contains or acts as part of an electrical circuit, or which acts by electromagnetic amplification employing a resonant space, and emits (or in the absence of effective shielding or other control would emit) ionising or non-ionising radiation.
"radioactive ore" means an ore or mineral containing more than the concentration of uranium or thorium prescribed for the purposes of this definition.
"radioactive substance" means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including any article or compound whether it has or has not been subjected to any artificial treatment or process) which emits ionising radiation spontaneously with a specific activity greater than the prescribed amount and which consists of or contains more than the prescribed activity of any radioactive element whether natural or artificial.
"registered premises" means premises registered under this Act.
"sealed radioactive source" means a radioactive substance sealed in a capsule, or closely bound in a solid form, so as:

(a) to prevent escape or dispersion of the radioactive substance, and

(b) to allow the emission of ionising radiation.

"sealed source device" means equipment or a gauge, instrument or device that contains a sealed radioactive source and permits the controlled emission of radiation, but does not include a container used solely for the storage or transport of a sealed radioactive source.
"sell" means sell by wholesale or retail, and includes barter, supply for profit, lease, let out on hire, offer or expose for sale, receive for sale, have in possession for sale, send, forward or deliver for sale and cause, suffer or allow to be sold, offered or exposed for sale.
"use" includes:

(a) operate, and

(b) use in the course of manufacture, and

(c) have in possession for use, and

(d) handle or manipulate (whether or not by indirect or remote means).

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.