New South Wales Consolidated Acts

TIMBER MARKETING ACT 1977 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"approved" means approved by the Commission.
"approved preservative treatment", in relation to timber, means a preservative treatment in respect of which an approval of the Commission is in force.
"article" means a manufactured article, the whole or any component part of which is comprised of timber, but does not include a prescribed article or an article of a prescribed class or description.
"building" includes a structure or part of a structure, but does not include:

(a) a building, structure or part of a structure intended to have a life of less than 2 years,

(b) a fence, or

(c) an article.

"Commission" means the Forestry Commission of New South Wales constituted under the Forestry Act 1916 .
"corporation" has the meaning ascribed thereto in the Corporations Act 2001 of the Commonwealth.
"cross section", in relation to a piece of timber, means the cross section that would be produced if that piece of timber were cut at right angles to its longitudinal axis.
"erection", in relation to a building, includes alteration, addition, rebuilding or repair.
"framing timber" means sawn, hewn or otherwise processed timber of a kind used to form the basic structure of a building or to support roofing materials or wall cladding.
"lyctid" means an insect of the family Lyctidae.
"lyctid susceptible sapwood" means sapwood of a hardwood species of tree, being sapwood:

(a) that has been, or is being, attacked by lyctids, or

(b) that, when tested for the presence of starch in accordance with a prescribed test, shows a result prescribed in relation to that test,

but does not include:

(c) sapwood that has been treated by an approved preservative treatment for the prevention of attack by lyctids, or

(d) the sapwood of a prescribed species of tree.

"milled timber" means timber products of the following classes or descriptions, namely, joinery timber, flooring, mouldings, cladding, lining and similar timber products which have been machined to a required shape or finish.
"preservative treated", in relation to timber, means treated by a chemical substance with the object of protecting that timber from attack by wood destroying insects, animals or fungi.
"preservative treatment", in relation to timber, means the treatment of that timber which causes it to be preservative treated.
"preservative treatment plant" means a plant for:

(a) the preservative treatment of timber which is to be:

(i) sold as being preservative treated,

(ii) used in the manufacture of an article to be sold as being preservative treated, or

(iii) used in the erection of a building to be sold as being preservative treated, or

(b) the preservative treatment of timber for reward.

"registered brand", in relation to the treatment of timber by means of an approved preservative treatment, means the brand for the time being registered by the Commission under section 20 in respect of that approved preservative treatment.
"regulation" means a regulation made under this Act.
"sapwood" means the layers of the wood of a tree in which its food materials are conveyed and stored during the life of the tree.
"sell" includes:

(a) barter or exchange,

(b) offer or expose for sale, barter or exchange,

(c) cause or suffer to be sold, bartered, exchanged, offered for sale or exposed for sale,

(d) attempt to sell, barter, exchange, offer for sale or expose for sale,

(e) agree to sell, barter or exchange,

(f) send, forward or deliver for or on sale or for barter or exchange,

(g) have in possession for sale, barter or exchange,

(h) cause or suffer to be sent, forwarded or delivered for or on sale or for barter or exchange,

(i) attempt to forward or deliver for or on sale or for barter or exchange, and

(j) in relation to land, convey.

"standard" includes a standard of Standards Australia.
"timber" means the wood of any indigenous or exotic species of tree and includes:

(a) poles, piles, posts and mine props,

(b) sawn, hewn or otherwise processed sections of solid wood including framing timber, sleepers, girders, cross-arms and similar objects,

(c) milled timber,

(d) laminated wood,

(e) veneer and plywood, and

(f) hardboard, particle board, fibre board, insulation board and similar materials,

but does not include an article.

(2) A reference in this Act to a person to whom an approval is given under section 20 (1) (a) shall be construed as a reference to:

(a) where an approval has been confirmed or varied under section 22 (3) (a) or varied under section 24, the person in respect of whom that approval is so confirmed or varied, and

(b) where an approval has been transferred under section 25, the person to whom that approval is so transferred.