CHILD EMPLOYMENT ACT 2003 - SECT 3 Definitions
CHILD EMPLOYMENT ACT 2003 - SECT 3
DefinitionsIn this Act—
S. 3 def. of adult inserted by No. 27/2022 s. 5(3).
"adult" means a person who is 18 years of age or older;
S. 3 def. of assessment notice inserted by No. 26/2010 s. 5(1), repealed by No. 34/2020 s. 164(c).
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S. 3 def. of authorised officer inserted by No. 27/2022 s. 5(1).
"authorised officer" means a person appointed under section 38;
"child" means a person under 15 years of age;
S. 3 def. of child employment law inserted by No. 27/2022 s. 5(1).
"child employment law" means any of the following—
(a) a provision of this Act or the regulations;
(b) the Child Safe Standards;
S. 3 def. of child employment officer repealed by No. 27/2022 s. 5(4).
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S. 3 def. of Child Safe Standards inserted by No. 27/2022 s. 5(1).
"Child Safe Standards" has the same meaning as it has in section 3(1) of the Child Wellbeing and Safety Act 2005 ;
S. 3 def. of compliance notice inserted by No. 27/2022 s. 5(1).
"compliance notice" means a compliance notice issued under section 46A;
S. 3 def. of declaration of suitability repealed by No. 26/2010 s. 5(4).
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S. 3 def. of Department amended by Nos 43/2012 s. 3(Sch. item 4.1), 70/2013 s. 4(Sch. 2 item 8.1), 14/2021 s. 3(b).
"Department" means Department of Premier and Cabinet;
S. 3 def. of door-to-door selling amended by Nos 26/2010 s. 5(2), 72/2010 s. 48(Sch. item 4).
"door-to-door selling", in relation to a child, means selling by the child of any goods or services at any premises other than premises occupied by the child's employer, and includes the child making an unsolicited consumer agreement within the meaning of the Australian Consumer Law (Victoria) with a purchaser, but does not include selling by the child of goods or services to raise funds for a non-profit organisation if the child is directly engaged by that organisation;
S. 3 def. of employ amended by No. 27/2022 s. 5(5).
employ has the meaning given by section 4B;
S. 3 def. of employer amended by No. 27/2022 s. 5(5).
employer has the meaning given by section 4B;
S. 3 def. of employer representative inserted by No. 27/2022 s. 48(a).
"employer representative", for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(4) or 18AE(3)(d);
employment has the meaning given by section 4;
S. 3 def. of entertainment amended by No. 26/2010 s. 5(3).
"entertainment" means any form of entertainment and includes—
(a) singing, dancing or acting;
(b) playing a musical instrument;
(c) appearing in a radio, television, film or Internet program or production, or any similar program or production;
(d) modelling;
(e) appearing in promotional events or advertising;
(f) working as a photographic subject, whether still or moving;
(g) working in or in relation to a circus;
(h) taking part in a performance that is recorded for use in a subsequent entertainment or exhibition;
(i) working in musical theatre, plays, operas or other live entertainment;
(j) performing in a shopping centre;
(k) preparatory activities to the entertainment except—
(i) screen tests before the child is booked for the entertainment; and
(ii) casting walk-ons;
Examples
Examples of preparatory activities include wardrobe fittings, rehearsals, shoots, promotional activities, sound recordings and re‑shoots.
S. 3 def. of entertainment licence inserted by No. 27/2022 s. 48(a).
"entertainment licence" means a licence to employ children in entertainment;
S. 3 def. of extended family member repealed by No. 26/2010 s. 5(4).
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S. 3 def. of family busines s amended by No. 27/2022 s. 5(6)(b).
family busines s , in relation to a child, means a business, trade or occupation carried on by the child's parent or another person who has parental responsibility for the child;
S. 3 def. of general licence inserted by No. 27/2022 s. 48(a).
"general licence" means a licence other than an entertainment licence;
S. 3 def. of guardian inserted by No. 26/2010 s. 5(1), amended by No. 61/2014 s. 163.
"guardian", in relation to a child , means a person on whom parental responsibility for the child has been conferred (whether alone or with another person or persons) under the Children, Youth and Families Act 2005 or any other Act or law of a State or Territory or the Commonwealth;
inland water s means—
(a) any swamp or lake;
(b) any waterway, channel or anabranch from its mouth to its source and any inlet, backwater or lagoon connected with it;
(c) any other lagoon, backwater, anabranch or billabong;
(d) any reservoir, dam, tank, channel or works for water storage or distribution;
(e) any other waters declared by regulations under the Fisheries Act 1995 to be inland waters for the purposes of that Act;
S. 3 def. of licence inserted by No. 27/2022 s. 48(a).
"licence" means a licence issued under Division 2 of Part 2;
S. 3 def. of licence holder inserted by No. 27/2022 s. 48(a).
"licence holder" means a person who holds a licence;
"light work" has the meaning given by section 5;
"lock-up stage" means the stage when a building's external wall cladding and roof covering is fixed, the flooring is laid and external doors and external windows are fixed (even if those doors or windows are only temporary);
S. 3 def. of low-risk sporting activity inserted by No. 27/2022 s. 5(2).
"low-risk sporting activity" means a sporting activity other than—
(a) martial arts; or
(b) horse riding; or
(c) gym instruction; or
(d) a sporting activity with a high risk of injury that is prescribed;
"mandatory code" means the code of practice made under section 29 for the employment of children in entertainment;
S. 3 def. of nominated officer inserted by No. 27/2022 s. 48(a).
"nominated officer", for an applicant or a licence holder, means a person who is nominated in relation to the licence under section 13(3) or 18AE(3)(c);
"non-profit organisation" means an organisation established for any cultural or charitable purpose, the constitution of which prohibits the distribution of profits to the individual members of the organisation;
S. 3 def. of officer inserted by No. 26/2010 s. 5(1).
"officer"—
(a) in relation to a body corporate that is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and
(b) in relation to any other body corporate, means any person (by whatever name called) who is concerned or takes part in the management of the body corporate;
S. 3 def. of parent amended by No. 48/2006 s. 42(Sch. item 5).
"parent" has the same meaning as in the Children, Youth and Families Act 2005 ;
S. 3 def. of parental responsibility inserted by No. 27/2022 s. 5(6)(a).
"parental responsibility" has the same meaning as in section 3(1) of the Children, Youth and Families Act 2005 ;
S. 3 def. of permit repealed by No. 27/2022 s. 48(b).
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"person" includes an unincorporated association;
S. 3 def. of police check repealed by No. 26/2010 s. 5(4).
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S. 3 def. of police custody officer inserted by No. 2/2024 s. 3.
"police custody officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of police custody officer supervisor inserted by No. 2/2024 s. 3.
"police custody officer supervisor" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 16.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"prohibited employment" means any kind of employment that is prohibited by section 12;
S. 3 def. of protective services officer inserted by No. 27/2022 s. 5(7).
"protective services officer" has the same meaning as it has in section 3(1) of the Victoria Police Act 2013 ;
"public place" means any open place that is used by the public, or to which the public has access, whether or not on payment of money, whether or not the place is ordinarily so used and whether or not the public consists only of a limited class of people;
Examples
Examples of public places include—
(a) streets, roads, footpaths and passages (whether or not on private property);
(b) forecourts of public and commercial buildings;
(c) carparks;
(d) parks, gardens and recreation reserves;
(e) racecourses and sports grounds;
S. 3 def. of registered pharmacist substituted by No. 80/2004 s. 150(Sch. 2 item 1), amended by No. 97/2005 s. 182(Sch. 4 item 8), substituted by No. 13/2010 s. 51(Sch. item 10).
"registered pharmacist "means a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
S. 3 def. of school day amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.1(a)).
"school day" has the same meaning as in the Education and Training Reform Act 2006 ;
"school hours" means the hours that a school requires a child to attend on any school day;
S. 3 def. of school term amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.1(b)).
"school term" means—
(a) in relation to a Government school within the meaning of the Education and Training Reform Act 2006 —the term as set by the Minister administering Part II of that Act;
(b) in relation to any other school—the term as set by the school;
"Secretary" means Secretary to the Department;
"sell" includes offer for sale and expose for sale;
S. 3 def. of street trading amended by No. 34/2020 s. 164(b).
"street trading" means selling anything in a public place;
S. 3 def. of Wage Inspectorate Victoria inserted by No. 14/2021 s. 3(a).
"Wage Inspectorate Victoria" means the Wage Inspectorate Victoria established under section 19 of the Wage Theft Act 2020 ;
S. 3 def. of workplace law inserted by No. 27/2022 s. 48(a).
"workplace law" has the same meaning as it has in section 3 of the Labour Hire Licensing Act 2018 ;
S. 3 def. of WWC check inserted by No. 34/2020 s. 164(a).
"WWC check" has the same meaning as in the Worker Screening Act 2020 ;
S. 3 def. of WWC clearance inserted by No. 34/2020 s. 164(a).
"WWC clearance" has the same meaning as in the Worker Screening Act 2020 .
S. 4
amended by No. 24/2006 s. 6.1.2(Sch. 7 item 4.2), substituted by
Nos 26/2010 s. 6, 27/2022 s. 6.