Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"aircraft" means any machine or craft used in air navigation, however propelled or moved.
"ATSB" means the Australian Transport Safety Bureau established under section 12 of the Transport Safety Investigation Act 2003 .
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian aircraft" means:
(a) an aircraft registered in Australia; or
(b) an aircraft owned by the Commonwealth, a State or a Territory.
"Australian permanent resident" has the same meaning as in Part 5 of the Migration Act 1958 .
"Australian ship" means:
(a) a ship registered in Australia under the Shipping Registration Act 1981 ; or
(b) an unregistered ship that has Australian nationality under section 29 of that Act; or
(c) a ship owned by the Commonwealth, a State or a Territory.
"Australian waters" means:
(a) the territorial sea of Australia; and
(b) the waters of the sea on the landward side of the territorial sea of Australia; and
(c) the territorial sea of each external Territory; and
(d) the waters of the sea on the landward side of the territorial sea of each external Territory; and
(e) inland waters prescribed in regulations.
"Commonwealth agency" means:
(a) the Commonwealth; or
(b) an authority of the Commonwealth; or
(c) a corporation in which the Commonwealth, or an authority of the Commonwealth, has a controlling interest;
and includes the Australian Defence Force.
"Commonwealth place" means a place referred to in paragraph 52(i) of the Constitution .
"constitutional corporation" means:
(a) a corporation to which paragraph 51(xx) of the Constitution applies; or
(b) a body corporate that is incorporated in a Territory.
"controller" means:
(a) in relation to premises other than a security regulated offshore facility--the person apparently in control of the premises; and
(b) in relation to a security regulated offshore facility--the offshore facility operator; and
(c) in relation to a transport vehicle other than a security regulated ship--the person apparently in control of the vehicle; and
(d) in relation to a security regulated ship--the ship operator or master of the ship.
"coronial inquiry" means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory.
"CVR information" has the same meaning as in Part IIIB of the Civil Aviation Act 1988 .
Note: CVR is short for cockpit voice recording.
"defence aspect" of a matter has the meaning given by section 21.
"Defence Minister" means the Minister administering section 1 of the Defence Act 1903 .
"eligible Judge" has the meaning given by section 78.
"final report" means a final report given to the Minister under section 59.
"government agency" means:
(a) a Commonwealth agency; or
(b) a State or Territory; or
(c) an authority of a State or Territory; or
(d) a corporation in which a State or Territory, or an authority of a State or Territory, has a controlling interest.
"inland waters" means waters within Australia other than waters of the sea.
"Inspector" means the person for the time being appointed as the Inspector of Transport Security under section 25.
"international agreement" means a treaty or agreement whose parties are:
(a) Australia and a foreign country; or
(b) Australia and 2 or more foreign countries.
"master" , in relation to a security regulated ship, means the person who has command or charge of the ship.
"nominated ART member" means a member of the Administrative Review Tribunal in respect of whom a nomination is in force under section 79.
"OBR information" has the same meaning as in the Transport Safety Investigation Act 2003.
Note: OBR is short for on - board recording.
"officer" of a government agency includes:
(a) the head of the government agency; and
(b) an employee of the government agency; and
(c) any other person engaged by the government agency, under contract or otherwise, to exercise powers, or perform duties or functions, of the government agency.
"offshore facility operator" has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
"offshore security matter" has the meaning given by section 13.
"premises" means any place and includes a security regulated offshore facility.
"private living area:"
(a) in relation to a security regulated ship--has the meaning given by subsection 140(4) of the Maritime Transport and Offshore Facilities Security Act 2003 ; and
(b) in relation to a security regulated offshore facility--has the meaning given by subsection 140B(4) of that Act.
"proceedings" includes civil proceedings (whether before a court or tribunal) and criminal proceedings, coronial inquiries and disciplinary proceedings or processes.
"protected information" has the meaning given by section 66.
"rail vehicle" means a vehicle (including a tram) that is designed to transport passengers or goods and operates on a railway (including a vehicle that does not have wheels).
"railway" means a system by which vehicles are guided:
(a) by means of parallel rails; or
(b) by means of a single rail; or
(c) by any other means prescribed by the regulations.
"restricted information" means information that is restricted information for the purposes of the Transport Safety Investigation Act 2003.
"road vehicle" means a vehicle that is designed to transport passengers or goods by land, but does not include a rail vehicle.
"security regulated offshore facility" has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
"security regulated ship" has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
"ship" means any vessel used in navigation by water, however propelled or moved.
"ship operator" has the same meaning as in the Maritime Transport and Offshore Facilities Security Act 2003 .
"State or Territory waters" means waters, including waters of the sea, that are within the limits of a State or Territory.
"State referral of power" means the referral of a matter to the Parliament of the Commonwealth as mentioned in paragraph 51(xxxvii) of the Constitution.
"surface transport aspect" of a transport security matter has the meaning given by section 22.
"transport" means transport by means of a transport vehicle.
"Transport Minister" of a State or Territory means a Minister of that State or Territory responsible for transport or a type of transport.
"transport security matter" has the meaning given by section 12.
"transport vehicle" means an aircraft, ship, rail vehicle or road vehicle.
"voluntarily" : information or a document is given voluntarily if it is not given in response to a request made under section 35, 36 or 37.