Australian Capital Territory Numbered Acts

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CLINICAL WASTE ACT 1990 (NO. 5 OF 1990) - SECT 3

Interpretation

3. (1) In this Act, unless the contrary intention appears—“Appeals Tribunal” means the Australian Capital Territory Administrative Appeals Tribunal; “clinical waste” means—

        (a)     waste consisting of any catheter, hypodermic needle, intravenous set, pipette or scalpel;

        (b)     waste consisting of any other instrument or object that has been used in the taking of blood, the testing, processing or handling of blood or blood products, the investigation of human or animal diseases or in analysis or research that involves the use of tissue or fluid specimens, whether human or animal;

        (c)     sanitary waste that originates from or has been in contact with a person suffering from tuberculosis or an infectious or notifiable disease within the meaning of the Public Health (Infectious and Notifiable Diseases) Regulations;

        (d)     sanitary waste that originates from or has been in contact with a person suffering from venereal disease within the meaning of the Venereal Diseases Act 1956 ;

        (e)     waste resulting from the investigation or analysis of tissue or fluid specimens, whether human or animal;

        (f)     biological or chemical waste resulting from the investigation of human or animal diseases;

        (g)     waste derived from a prescribed activity, being waste that includes or included human blood, or animal blood in any form other than food waste;

        (h)     human or animal tissue or body fluids, removed during surgery or an autopsy;

              (i)     waste consisting of a cytotoxic substance or waste that is, or is likely to be, contaminated by a cytotoxic substance;

        (j)     waste consisting of anything that has been in contact with waste referred to in a previous paragraph;

        (k)     waste derived from the preparation of a human body for burial or cremation; or

        (l)     waste declared by the Minister by instrument to be clinical waste for the purposes of this Act;

but does not include waste the treatment of which has been completed in accordance with the Manual;

“Controller” means the Clinical Waste Controller appointed under section 7;
“Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application to the Territory;
“determined fee” means the fee determined under section 12 for the purposes of the provision in which the expression occurs;
“licence” means a licence in force under this Act;
“Manual” means the Clinical Waste Manual as in force from time to time under Part III;
“occupier”, in relation to premises, includes a person who is, or appears to be, in charge of the premises;
“premises” includes—

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

        (b)     a place (whether enclosed or built upon or not); and

        (c)     a part of premises (including premises of a kind referred to in paragraph (a) or (b));

“prescribed activity” means—

        (a)     the provision of medical, surgical or dental treatment, or nursing care;

        (b)     the provision of diagnostic or paramedical services;

        (c)     the provision of veterinary services;

        (d)     a practice, business or undertaking—

              (i)     conducted by a pharmacist, chiropodist or podiatrist;

              (ii)     that involves the taking of blood or the testing, processing or handling of blood or blood products;

              (iii)     that involves tattooing, acupuncture, depilation, ear or nose piercing, hair restoration or any other process requiring penetration of the skin of a live person;

              (iv)     that involves the investigation of human or animal diseases;

              (v)     that involves analysis or research involving the use of tissue or fluid specimens, whether human or animal; or

        (e)     an activity declared by the Minister by instrument to be a prescribed activity for the purposes of this Act;

“regulated premises” means—

        (a)     a hospital;

        (b)     premises used primarily for the provision of accommodation and nursing care, or nursing care;

        (c)     a funeral parlour;

        (d)     a mortuary; or

        (e)     any other premises on which a prescribed activity is conducted or carried on;

“waste disposal site”, in relation to clinical waste of a particular kind, means a place declared by the Minister under section 11 to be a disposal site for clinical waste of that kind.

(2) An instrument made by the Minister for the purposes of—

        (a)     paragraph (l) of the definition of “clinical waste” in subsection (1); or

        (b)     paragraph (e) of the definition of “prescribed activity” in subsection (1);

is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .

(3) A reference in this Act to an offence against this Act shall be read as including a reference—

        (a)     to an offence that there are reasonable grounds for believing has been, or will be, committed; and

        (b)     to an offence referred to in Part VIII of the Crimes Act that relates to the first-mentioned offence against this Act.


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