DEFENCE ACT 1903 - SECT 31 Definitions
DEFENCE ACT 1903 - SECT 31
Definitions"Australian offshore area" means:
(a) Australian waters; or
(b) the exclusive economic zone adjacent to the coast of Australia; or
(c) the sea over the continental shelf of Australia;
and includes the airspace over an area covered by paragraph ( a), (b) or (c).
Note: The exclusive economic zone adjacent to the coast of an external Territory, and the sea over the continental shelf of an external Territory, are part of the Australian offshore area (see the definition of Australia in section 4).
(a) the territorial sea of Australia; or
(b) the waters of the sea on the landward side of the territorial sea of Australia;
but does not include the internal waters of a State or self - governing Territory.
Note: The territorial sea of an external Territory, and the waters of the sea on the landward side of the territorial sea of an external Territory, are part of Australian waters (see the definition of Australia in section 4).
"authorised Defence officer" means:
(b) an officer in a class of officers;
authorised, by the Chief of the Defence Force under subsection 51A(6), to be an authorised Defence officer.
"authorising Ministers" means the Prime Minister, the Minister and the Attorney - General.
"call out order" means an order made under section 33, 34, 35 or 36.
"Commonwealth interests order" means a call out order made under section 33 or 34.
"contingent call out order" means a call out order made under section 34 or 36.
"criminal act" means an act or omission that would, if done or omitted to be done in the Jervis Bay Territory, contravene the substantive criminal law of the Jervis Bay Territory.
"declared infrastructure" means infrastructure, or a part of infrastructure, that is declared under section 51H.
"domestic violence" has the same meaning as in section 119 of the Constitution.
"expedited order" means an order made under section 51U.
"expedited order or declaration" means an order or declaration made under section 51U.
"facility" includes a fixed or floating structure or installation of any kind (but does not include a means of transport).
"infrastructure" includes physical facilities, supply chains, information technologies and communication networks or systems.
"infrastructure declaration" means a declaration made under section 51H.
"internal waters" of a State or self - governing Territory:
(a) means the waters of the sea within the limits of the State or Territory; and
(b) includes the airspace over those waters.
"location" includes any premises or place.
"means of transport" means a vehicle, vessel, aircraft, train or other means of transporting persons or goods (whether or not manned).
"member of the police force" , of a Territory for which the Australian Federal Police provides police services, means a member or special member of the Australian Federal Police providing police services for the Territory.
"Minister for Home Affairs" means the Minister who administers the Australian Federal Police Act 1979 .
"person who may be detained" , in relation to a call out order, means a person:
(a) who is likely to pose a threat to any person's life, health or safety, or to public health or public safety; or
(i) who has committed an offence, against a law of the Commonwealth, a State or a Territory, that is related to the domestic violence or threat specified in the call out order; and
(ii) whom it is necessary, as a matter of urgency, to detain.
Note: For paragraph ( b), in order to detain a person, a member of the Defence Force must believe on reasonable grounds that the conditions in that paragraph have been met.
"police force" , of a Territory for which the Australian Federal Police provides police services, means the Australian Federal Police, to the extent that it provides police services for the Territory.
(a) a place that is private property; and
(b) in the Australian offshore area--a facility.
"Presiding Officer" means the President of the Senate or the Speaker of the House of Representatives.
(a) a search of the person or of things in the possession of the person that may include:
(i) requiring the person to remove the person's overcoat, coat or jacket and any gloves, shoes and hat; and
(ii) an examination of those items; or
(b) a search of the person conducted by quickly running the hands over the person's outer garments and an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person;
(c) requiring the person to remove all of the person's garments; or
(d) an examination of the person's body cavities.
"search authorisation" has the meaning given by subsection 51A(1).
"self-governing Territory" means:
(a) the Australian Capital Territory; or
(b) the Northern Territory and its internal waters.
"specified area" means an area that is declared to be a specified area in a declaration that is in force under section 51.
"specified area declaration" means a declaration in force under section 51.
"State" includes the internal waters of the State.
"State protection order" means a call out order made under section 35 or 36.
"substantive criminal law" means law (including unwritten law):
(a) creating offences or imposing criminal liability for offences; or
(b) dealing with capacity to incur criminal liability; or
(c) providing a defence or providing for the reduction of the degree of criminal liability; or
(d) providing for the confiscation of property used in, or derived from, the commission of an offence; or
(e) dealing with other subjects declared by the regulations to be within the ambit of the substantive criminal law of the Jervis Bay Territory; or
(f) providing for the interpretation of laws of the kinds mentioned above.
"thing" includes any means of transport.
"thing that may be seized" , in relation to a call out order, means a thing that:
(a) is likely to pose a threat to any person's life, health or safety, or to public health or public safety; or
(b) is likely to cause serious damage to property; or
(c) is connected with the domestic violence or threat specified in the call out order, and that it is necessary, as a matter of urgency, to seize.
"utilised" under a call out order: the Defence Force, or a member of the Defence Force, is utilised under a call out order if the Defence Force or member is utilised under section 39.
(a) a ship, boat, raft, pontoon or submersible craft; or
(b) any other thing capable of carrying persons or goods through or on water;
(whether or not crewed) and includes a hovercraft and other non - displacement
craft.