Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Australia" includes the Territories.
"court" means a federal court or a court of a State or Territory.
"dependant" , in relation to a member of a visiting force or of a civilian component of a visiting force, means a person, not being an Australian citizen or a person ordinarily resident in Australia, who:
(a) is the wife, husband or spouse of the member;
(b) is wholly or mainly maintained by the member;
(c) is in the custody, care or charge of the member; or
(d) is one of the family of the member residing with the member.
"forces" in relation to a country, means the naval, military or air forces of that country.
"service authorities" , in relation to a country, means the naval, military or air force authorities of that country.
"service law" , in relation to a country, means the law (including any instrument having the force of law) governing all or any of the forces of that country.
"service tribunal" , in relation to a country or a visiting force, means a court - martial or other like tribunal established under the service law of that country or of the country sending the visiting force, as the case requires, and includes any authority of that country who or which, by or under the law of that country, is empowered to review the proceedings of such a tribunal or to try or investigate charges brought against persons subject to the service law of that country.
"the Defence Force" has the same meaning as in the Defence Act 1903 - 1956 .
"the sending country" , in relation to a visiting force, means the country to whose forces the visiting force belongs.
"visiting force" means any body, contingent or detachment of the forces of a country that is for the time being present in Australia .
(2) A reference in this Act to a member of a visiting force shall be read as a reference to a person who, in accordance with the law of the country to which the visiting force belongs, is serving as a member of the visiting force.
(3) A reference in this Act to a member of a civilian component of a visiting force shall be read as a reference to a person who, not being a member of that visiting force, an Australian citizen or a person ordinarily resident in Australia :
(a) is employed by or in the service of:
(i) that visiting force or a part of that visiting force; or
(ii) an organization established for the benefit or welfare of members of that visiting force and recognized by the designated authority of the sending country;
(b) is serving with an organization that is accompanying that visiting force; or
(c) is attached to or is accompanying that visiting force and, in accordance with the law of the sending country, is subject to the service law of that country;
but does not include a dependant of a member of that visiting force or of a person referred to in paragraph ( a), (b) or (c).
(4) A reference in this Act to a person's having at any time a relevant association with a visiting force shall be read as a reference to his or her being at that time:
(a) a member of that visiting force or of a civilian component of that force; or
(b) a person who, not being an Australian citizen or a person ordinarily resident in Australia , is a dependant of a member of the visiting force or of a member of a civilian component of that force.
(5) In determining, for the purposes of this Act, whether a person is, or was at any time, ordinarily resident in Australia , account shall not be taken of any period during which that person has been or intends to be present in Australia while being:
(a) a member of a visiting force or of a civilian component of a visiting force; or
(b) a dependant of a member of a visiting force or of a member of a civilian component of a visiting force.
(6) For the purposes of this Act, a member of a force of a country that (by whatever name called) is in the nature of a reserve or auxiliary force shall be deemed to be a member of the forces of that country so long as, but only so long as, he or she is called into actual service (by whatever expression described) with those forces or is called out for training with those forces, and any references in this Act to a person's becoming a member of the forces of a country shall be construed accordingly.
(7) A reference in any provision of this Act to the designated authority of a country shall be read as a reference to such authority as is designated for the purposes of that provision by the appropriate authority or officer of that country.
(8) A reference in any provision of this Act to trial by a court shall be read as including a reference to hearing and determination by a court of summary jurisdiction of a charge that a person has committed an offence against a law of Australia or of a State or Territory.