Commonwealth Consolidated Acts Commonwealth Consolidated ActsMeaning of officer
(1) A person is an officer if:
(a) the person is or was a * Commonwealth officer (see subsection (2)); or
(b) the person is or was an * officer of a higher education provider (see subsection (3)); or
(ba) the person is or was an * officer of a registered higher education provider (see subsection (3AA)); or
(c) the person is or was an * officer of Open Universities Australia (see subsection (3A)); or
(d) the person is or was an * officer of a Tertiary Admission Centre (see subsection (3B)).
(2) A Commonwealth officer is a person who holds office under, or is employed by, the Commonwealth, and includes the following:
(a) a person appointed or engaged under the Public Service Act 1999 ;
(b) a person permanently or temporarily employed:
(i) in the Public Service of a Territory (other than the Northern Territory); or
(ii) in, or in connection with, the Defence Force; or
(iii) in the Service of any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);
(c) 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 );
(d) a person who, although not holding office under, or employed by:
(i) the Commonwealth; or
(ii) a Territory (other than the Northern Territory); or
(iii) any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);
performs services for or on behalf of the Commonwealth, a Territory (other than the Northern Territory), or such an authority or body;
(e) a person who is an employee of the Australian Postal Corporation;
(f) a person who performs services for or on behalf of the Australian Postal Corporation;
(g) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.
(3) A person is an officer of a higher education provider if the person is:
(a) an officer or employee of the provider; or
(b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.
(3AA) A person is an officer of a registered higher education provider if the person is:
(a) an officer or employee of the provider; or
(b) a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.
(3A) A person is an officer of Open Universities Australia if the person is:
(a) an officer or employee of * Open Universities Australia; or
(b) a person who, although not an officer or employee of Open Universities Australia, performs services for or on behalf of Open Universities Australia.
(3B) A person is an officer of a Tertiary Admission Centre if the person is:
(a) an officer or employee of the * Tertiary Admission Centre; or
(b) a person who, although not an officer or employee of the Tertiary Admission Centre, performs services for or on behalf of the Tertiary Admission Centre.
Meaning of official employment
(4) Official employment of an * officer is:
(a) for a * Commonwealth officer--the performance of duties or functions, or the exercise of powers under, or for the purposes of:
(i) this Act; or
(ii) the Higher Education Support (HELP Tuition Protection Levy) Act 2020 ; or
(iii) the Higher Education (Up - front Payments Tuition Protection Levy) Act 2020 ; or
(iv) the * TEQSA Act; or
(v) the VET Student Loans Act 2016 ; or
(b) for an * officer of a higher education provider--service as such an officer; or
(ba) for an * officer of a registered higher education provider--service as such an officer; or
(c) for an * officer of Open Universities Australia--service as such an officer; or
(d) for an * officer of a Tertiary Admission Centre--service as such an officer.