Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Aboriginal person" means a person of the Aboriginal race of Australia.
"ACC" means the Australian Crime Commission.
"associated offence" means:
(a) in relation to an offence against section 233B of the Customs Act 1901 --an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or
(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 --an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or
(c) in relation to an offence against a law of a State or Territory--an offence:
(i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code ; and
(ii) that relates to the offence.
"Australian law enforcement officer" means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.
"bail authority" means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
"child abuse material" has the same meaning as in Part 10.6 of the Criminal Code .
"child sexual abuse offence" means:
(a) a Commonwealth child sex offence; or
(b) an offence against section 273.5, 471.16, 471.17, 474.19 or 474.20 of the Criminal Code as in force at any time before the commencement of Schedule 7 to the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 ; or
(c) an offence against Part IIIA of this Act as in force at any time before the commencement of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 ; or
(d) a State or Territory registrable child sex offence.
"Commissioner" means the Commissioner of the Australian Federal Police.
"Commonwealth child sex offence" means:
(a) an offence against any of the following provisions of the Criminal Code :
(i) Division 272 (Child sex offences outside Australia);
(ii) Division 273 (Offences involving child abuse material outside Australia);
(iia) Division 273A (Possession of child - like sex dolls etc.);
(iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child abuse material and sexual activity involving children);
(iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child abuse material, sexual activity involving children and harm to children); or
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or
(c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code .
"Commonwealth child sexual abuse offence" means a Commonwealth child sex offence, other than an offence against subsection 272.8(1) or (2), 272.9(1) or (2), section 272.10, 272.11, 272.18, 272.19, 273.7, 471.22, 474.23A or 474.24A, subsection 474.25A(1) or (2) or section 474.25B or 474.25C of the Criminal Code .
"Commonwealth entity" has the meaning given by section 10 of the Public Governance, Performance and Accountability Act 2013 .
"Commonwealth offence" , except in Part IC, means an offence against a law of the Commonwealth.
"Commonwealth officer" means a person holding office under, or employed by, the Commonwealth, and includes:
(a) a person appointed or engaged under the Public Service Act 1999 ;
(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;
(b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).
"confiscation proceedings" has a meaning affected by subsection 16AC(5).
"constable" means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
"controlled substance" means:
(a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code ; or
(b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code ; or
(c) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code .
"conveyance" includes an aircraft, vehicle or vessel.
"criminal detention" has the meaning given by section 45A.
"cultural heritage" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 , and includes sacred sites.
"cultural heritage object" means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.
"data" includes:
(a) information in any form; and
(b) any program (or part of a program).
"data storage device" means a thing containing, or designed to contain, data for use by a computer.
"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
"dentist" means a dental practitioner within the meaning of the Health Insurance Act 1973 .
"Deputy Commissioner" means a Deputy Commissioner of the Australian Federal Police.
"federal aspect" , in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).
Note: This subsection defines State to include the Northern Territory.
"federal court" means the High Court or a court created by the Parliament, other than a court of a Territory.
"federal criminal detention" has the meaning given by section 45A.
"federal judicial proceeding" has the meaning given by section 31.
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"have in possession" includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.
"IGIS official" (short for Inspector - General of Intelligence and Security official) means:
(a) the Inspector - General of Intelligence and Security; or
(b) any other person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 .
"illicit goods" means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.
"Immigration and Border Protection Department" means the Department administered by the Minister administering the Australian Border Force Act 2015 .
"Inspector of the National Anti-Corruption Commission" means the Inspector within the meaning of the National Anti - Corruption Commission Act 2022 .
"integrity purpose" means the purpose of preventing, detecting, investigating or dealing with any of the following:
(a) misconduct (within the meaning of the Privacy Act 1988 ) of a serious nature by any of the following:
(i) an official (as defined in section 13 of the Public Governance, Performance and Accountability Act 2013 ) of a Commonwealth entity;
(ii) a person employed by, or in the service of, a Privacy Act agency or a wholly - owned Commonwealth company;
(iii) a person acting on behalf of, or for the purposes of activities of, a Privacy Act agency;
(iv) an officer of a wholly - owned Commonwealth company;
(b) conduct that may have the purpose or effect of inducing misconduct described in paragraph (a);
(c) fraud that has or may have a substantial adverse effect on the Commonwealth or a target entity;
(d) an offence against Chapter 7 of the Criminal Code (which is about the proper administration of Government).
Note 1: An example of dealing with the matters described in paragraphs (a), (b), (c) and (d) is taking legal proceedings, disciplinary proceedings or other administrative action.
Note 2: An integrity purpose relating to misconduct of a person covered by a subparagraph of paragraph (a) does not cease to exist merely because the person ceases to be covered by that subparagraph after the misconduct occurs.
"judicial proceeding" has the meaning given by section 31 (other than in section 3L).
"judicial tribunal" has the meaning given by section 31.
"law enforcement officer" (except in Part IAAC) means any of the following:
(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );
(b) a member of the police force of a State or Territory;
(ba) a staff member of the NACC;
(c) a member of the staff of the ACC;
(d) an officer of Customs;
(e) a member of a police force, or other law enforcement agency, of a foreign country.
"medical practitioner" has the same meaning as in the Health Insurance Act 1973 .
"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .
"narcotic goods" has the same meaning as in the Customs Act 1901 .
"National Anti-Corruption Commissioner" means the Commissioner within the meaning of the National Anti - Corruption Commission Act 2022 .
"National Anti-Corruption Deputy Commissioner" means a Deputy Commissioner within the meaning of the National Anti - Corruption Commission Act 2022 .
"nurse" means a registered nurse within the meaning of the Health Insurance Act 1973 .
"officer of Customs" has the meaning given by subsection 4(1) of the Customs Act 1901 .
"Official Trustee" means the Official Trustee in Bankruptcy.
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone (the adult ) is the parent of a person if:
(a) the adult is legally entitled to, and has, custody of the person; or
(b) the adult is legally responsible for the day - to - day care, welfare and development of the person and has the person in his or her care.
"participating State" has the meaning given by subsection 3B(2).
"participating Territory" has the meaning given by subsection 3B(2).
"personal information" has the meaning given by section 6 of the Privacy Act 1988 .
"person assisting the NACC Inspector" means a person assisting the Inspector within the meaning of the National Anti - Corruption Commission Act 2022 .
" Privacy Act agency" has the same meaning as agency has in the Privacy Act 1988 .
"property" includes money and every thing, animate or inanimate, capable of being the subject of ownership.
"public authority under the Commonwealth" means any authority or body constituted by or under a law of the Commonwealth or of a Territory.
"quarter" means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
"relative" has a meaning affected by subsection (3).
"senior executive AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .
"sensitive information" has the meaning given by section 6 of the Privacy Act 1988 .
"staff member" of the NACC has the same meaning as in the National Anti - Corruption Commission Act 2022 .
"State" includes the Northern Territory.
"State offence" means an offence against a law of a State or the Australian Capital Territory.
"State or Territory registrable child sex offence" means an offence:
(a) that a person becomes, or may at any time have become, a person whose name is entered on a child protection offender register (however described) of a State or Territory for committing; and
(b) in respect of which:
(i) a child was a victim or an intended victim; or
(ii) the offending involved child abuse material.
"substantial adverse effect" means an effect that is adverse and not insubstantial, insignificant or trivial.
"target entity" means:
(a) a Privacy Act agency; or
(b) a wholly - owned Commonwealth company.
Note: A target entity is an APP entity as defined in section 6 of the Privacy Act 1988 , because it is either an agency or an organisation for the purposes of that Act (as a wholly - owned Commonwealth company is an organisation as defined in section 6C of that Act).
"Territory" does not include the Northern Territory.
"terrorism offence" means:
(a) an offence against Subdivision A of Division 72 of the Criminal Code ; or
(aa) an offence against Subdivision B of Division 80 of the Criminal Code ; or
(b) an offence against Part 5.3 or 5.5 of the Criminal Code ; or
(ba) an offence against Subdivision HA of Division 474 of the Criminal Code ; or
(c) an offence against either of the following provisions of the Charter of the United Nations Act 1945 :
(i) Part 4 of that Act;
(ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions--Al - Qaida) Regulations 2008 .
"terrorist act" has the same meaning as in subsection 100.1(1) of the Criminal Code .
"thing relevant to an indictable offence" means:
(a) either of the following:
(i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
"thing relevant to a summary offence" means:
(a) either of the following:
(i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
"Torres Strait Islander" means a descendent of an indigenous inhabitant of the Torres Strait Islands.
"wholly-owned Commonwealth company" has the meaning given by section 90 of the Public Governance, Performance and Accountability Act 2013 .
(2) In this Act, a reference to a fine includes a reference:
(a) to a pecuniary penalty other than a pecuniary penalty imposed:
(i) under Division 3 of Part XIII of the Customs Act 1901 ; or
(ii) by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002 ; or
(iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987 ; or
(iii) by a superannuation order made under the Australian Federal Police Act 1979 ; or
(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989 ; or
(b) to costs or other amounts ordered to be paid by offenders.
(3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.