Victorian Consolidated Legislation

Child Employment Act 2003 - SECT 3

Definitions

3. Definitions

In this Act- child means a person under 15 years of age; child employment
officer means a person appointed under section 38; declaration of suitability
means a declaration given under section 19(4); Department means Department of
Innovation, Industry and Regional Development;





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 a contact sales agreement
within the meaning of the Fair Trading Act 1999 with a purchaser; employ has
the meaning given by section 4; employer has the meaning given by section 4;
employment has the meaning given by section 4; 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 similar program or
        production not in the nature of a news item;

   (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; extended family member of a child,
        means an adult who is a grandparent, aunt, uncle, brother or sister of
        the child; family business, in relation to a child, means a business,
        trade or occupation carried on by a parent or guardian of the child;
        inland waters 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; 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); mandatory code
        means the code of practice made under section 29 for the employment of
        children in entertainment; 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; parent has the same meaning as
        in the Children, Youth and Families Act 2005;

permit means a permit issued under Division 2 of Part 2; person includes an
unincorporated association; police check, in relation to a person, means a
check by the Chief Commissioner of Police on the person's criminal record (if
any); prohibited employment means any kind of employment that is prohibited by
section 12; 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; registered pharmacist means a
        pharmacist registered under the
        Health Professions Registration Act 2005;

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; 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; street trading means selling anything in a
        public place.