Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51

Definitions

             (1)  In this Part:

"Australian offshore area" means:

                     (a)  Australian waters; or

                     (b)  the exclusive economic zone of Australia (including its external Territories); or

                     (c)  the sea over the continental shelf of Australia (including its external Territories); or

                     (d)  an area prescribed by the regulations;

and includes the airspace over an area covered by paragraph (a), (b), (c) or (d).

"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;

but does not include the internal waters of a State or self-governing Territory.

"authorising Ministers" means the Prime Minister, the Minister and the Attorney-General.

"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.

"dangerous thing" means a gun, knife, bomb, chemical weapon or any other thing that is reasonably likely to be used to cause serious damage to property or death or serious injury to persons.

"designated area" means an area in relation to which a declaration is in force under section 51Q.

"designated critical infrastructure" means infrastructure, or a part of infrastructure, that is declared under section 51CB.

"domestic violence" has the same meaning as in section 119 of the Constitution.

"general security area" means an area in relation to which a declaration is in force under section 51K.

"infrastructure" includes physical facilities, supply chains, information technologies and communication networks or systems.

"internal waters" , in relation to a State or self-governing Territory, means the waters of the sea within the limits of the State or Territory and includes the airspace over those waters.

"means of transport" means a vehicle, vessel, aircraft that is not airborne, train or other means of transporting persons or goods.

"member in charge" , in relation to a search authorisation, has the meaning given by paragraph 51L(2)(c).

"offshore designated area" means an area in relation to which a declaration is in force under section 51SL.

"offshore general security area" means an area in relation to which a declaration is in force under section 51SF.

"offshore member in charge" , in relation to an offshore search authorisation, has the meaning given by paragraph 51SG(2)(c).

"offshore search authorisation" means an authorisation under section 51SG.

"offshore search members" , in relation to a search authorisation, has the meaning given by paragraph 51SG(2)(d).

"premises" includes a place that is private property.

"Presiding Officer" means the President of the Senate or the Speaker of the House of Representatives.

"search" of a person means:

                     (a)  a search of a person or of things in the possession of a person that may include:

                              (i)  requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

                             (ii)  an examination of those items; or

                     (b)  a search of a 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;

but does not include:

                     (c)  requiring the person to remove all of his or her garments; or

                     (d)  an examination of the person's body cavities.

"search authorisation" means an authorisation under section 51L.

"search members" , in relation to a search authorisation, has the meaning given by paragraph 51L(2)(d).

"self-governing Territory" means the Australian Capital Territory, the Northern Territory or Norfolk Island.

"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 regulation 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.

"threat concerned" means:

                     (a)  for the purposes of the application of section 51IB or subsection 51T(2A)--the threat of damage or disruption in relation to which the authorising Ministers make a declaration under section 51CB; or

                     (b)  for the purposes of the application of one or more of the provisions of Division 3A--the threat to Commonwealth interests in relation to which an order under section 51AA is made that causes Division 3A to apply.

Police force etc. of certain Territories

             (2)  If the Australian Federal Police provides police services in relation to a Territory:

                     (a)  the expression police force of the Territory means the Australian Federal Police, so far as it provides police services in relation to the Territory; and

                     (b)  the expression member of the police force of the Territory means a member or special member of the Australian Federal Police providing police services in relation to the Territory.