Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"abscond" has the meaning given in section 4.
"AFP" means the Australian Federal Police.
"AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .
"appropriate court" means:
(a) in relation to a person's conviction of an offence--the court of the State or Territory before which the person was convicted and in addition, where that court is not the Supreme Court of the State or Territory, that Supreme Court; and
(b) in relation to the charging, or proposed charging, of a person with an offence--the Supreme Court of the State or Territory in which the person has been, or is to be, charged with the offence.
"benefit" means any benefit payable under a superannuation scheme, including a lump sum payment and a pension.
"commencing day" means the day on which this Act commences.
"Commonwealth authority" means:
(a) a body corporate incorporated for a public purpose (whether before, on or after the commencing day) by a law of the Commonwealth or of a Territory; or
(b) a body corporate:
(i) incorporated (whether before, on or after the commencing day) under a law of the Commonwealth or a law in force in a State or Territory; and
(ii) in which the Commonwealth or a body corporate mentioned in paragraph ( a) has the controlling interest; or
(c) a body corporate, whether incorporated before, on or after the commencing day:
(i) that is a subsidiary of another body corporate mentioned in paragraph ( a) or (b); and
(ii) in which that other body corporate has the controlling interest; or
(d) an unincorporated authority or body (other than a prescribed authority or body) established for a public purpose (whether before, on or after the commencing day) by or under a law of the Commonwealth, of a Territory, or of the Australian Capital Territory, the Northern Territory or Norfolk Island; or
(e) any other incorporated or unincorporated authority or body (however established), other than a prescribed authority or body, that is wholly or substantially financed, either directly or indirectly, by the Commonwealth, whether the authority or body was or is established before, on or after the commencing day.
"controlling interest" , in relation to a body corporate, means an interest that derives from ownership of at least 50% of the shares in the body corporate that confer voting rights.
"convicted" has the meaning given in section 6.
"corruption offence" means an offence by a person who was an employee at the time when it was committed, being an offence:
(a) whose commission involved an abuse by the person of his or her office as such an employee; or
(b) that, having regard to the powers and duties of such an employee, was committed for a purpose that involved corruption; or
(c) that was committed for the purpose of perverting, or attempting to pervert, the course of justice.
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"defendant" , in Part 3, has the meaning given in section 24.
"DPP" means the Director of Public Prosecutions.
"employee" has the meaning given in section 7.
"employee contributions" , in relation to a person, includes:
(a) any amount paid or transferred into a fund, being an amount that is, under the person's superannuation scheme, to be taken to be employee contributions; and
(b) any other amount paid or transferred into a fund under the person's superannuation scheme, being an amount:
(i) attributable to employer contributions paid by the person's previous employer under another superannuation scheme (not being a superannuation scheme within the meaning of this Act) applicable to the person's previous employment by that employer; and
(ii) payable to the person as an additional lump sum benefit on his or her resignation or retirement.
"encumbrance" , in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property.
"extend" , in relation to the period of effect of a restraining order, includes further extend.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"fund" includes the Consolidated Revenue Fund.
"interest" , in relation to property, means:
(a) a legal or equitable estate or interest in the property; or
(b) a right, power or privilege in connection with the property;
whether present or future and whether vested or contingent.
"member" , in relation to a superannuation scheme, includes a person who is eligible for a benefit (including a deferred benefit) under the scheme.
"offence" means:
(a) a common law offence; or
(b) an offence against a law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a term longer than 12 months.
"police authority" means:
(a) in relation to an offence against a law of a State or Territory that has its own police force--the Commissioner or head (however described) of the police force of the State or Territory; and
(b) in relation to an offence against a law of the Commonwealth, or of a State or Territory other than a State or Territory mentioned in paragraph ( a)--the Commissioner of Police of the AFP; and
(c) in relation to a common law offence--the Commissioner or head (however described) of the police force of the State or Territory in which the offence was committed or, where the offence was committed in a Territory that does not have its own police force, the Commissioner of Police of the AFP.
"police officer" means:
(a) an AFP member; or
(b) a member of the police force of a State or Territory.
"property" means real or personal property of every description, whether situated in Australia or anywhere else and whether tangible or intangible, and includes an interest in any such real or personal property.
"recovery order" means a superannuation order containing an order of the kind mentioned in subsection 19(4).
"related offence" has the meaning given in section 3.
"relevant period" , in relation to a restraining order, means the period starting on the day when the order was made and ending:
(a) if an order or orders have been made under section 38--at the time, or on the occurrence of the event, specified in the order, or the last of the orders, so made; or
(b) if paragraph ( a) does not apply but an order or orders have been made under paragraph 32(1)(a) or (b) in relation to the restraining order--at the end of 6 months after the day when the order, or the last of the orders, was so made, or such longer period (if any) as is specified in the order, or the last of the orders; or
(c) in any other case--at the end of 6 months after the day on which the restraining order was made, or such longer period (if any) as is specified in the order.
"restraining order" means an order under section 25.
"sentence" does not include:
(a) a sentence that is wholly suspended; or
(b) a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914 .
"State" includes the Australian Capital Territory , the Northern Territory and Norfolk Island .
"Superannuation Act" means:
(a) the Superannuation Act 1976 ; or
(b) the Superannuation Act 1990 .
"superannuation authority" means:
(a) in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990 --CSC; or
(b) in any other case--the person (however described) responsible for the administration of the relevant superannuation scheme.
"superannuation order" means an order under section 19, and includes such an order as varied under section 22.
"superannuation scheme" , in relation to a person, means a superannuation scheme (other than a scheme established under a law of a State) under which employer contributions or benefits are paid or payable, or have at any time been paid, by the Commonwealth or a Commonwealth authority to or in respect of the person, and includes any scheme or arrangement under which such contributions are vested in the person.
"Territory" does not include the Australian Capital Territory or the Northern Territory , and, except in section 14, does not include Norfolk Island .