Commonwealth Consolidated Acts

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PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 4

Interpretation

(1)
In this Act, unless the contrary intention appears:

"assembly" means an assembly of not less than three persons who are assembled for a common purpose, whether or not other persons are assembled with them and whether the assembly is at a particular place or moving, and includes the conduct in connexion with that common purpose of all or any of the persons in the assembly.

"Commonwealth premises" means premises, whether in a State or in a Territory, occupied by the Commonwealth or by a public authority under the Commonwealth.

"constable" means a member of the Australian Federal Police or of the Police Force of a State or Territory.

"consular post" means a consulate-general, consulate, vice-consulate or consular agency established in Australia by another country with the consent of the Government of Australia.

"designated overseas mission" has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995.

"diplomatic mission" means a permanent diplomatic mission accredited to Australia by another country.

"frisk search" means a search of a person conducted by quickly running the hands over the person's outer clothing.

"international organization" means an international governmental organization of which Australia is a member, and includes an agency of such an organization.

"Police Force" means the Australian Federal Police or the Police Force of a State or Territory.

"premises" means any land, building or part of a building.

"prescribed staff member", in relation to a designated overseas mission, means a member of the staff (including the head) of the designated overseas mission who is specified in regulations made for the purposes of this definition.


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Note: A person may be prescribed by name, by reference to the holding of a specified office or position or by reference to membership of a specified class.

"protected person" means a person who is:

(a)
a member of the diplomatic staff (including the head) of a diplomatic mission or special mission;
(b)
a member of the staff (including the head) of a consular post who is entrusted with the exercise of consular functions;
(ba)
a prescribed staff member of a designated overseas mission;
(c)
a high officer of an international organization; or
(d)
a representative of a member of an international organization at a meeting of, or under the auspices of, the organization;

but does not include a person who is an Australian citizen or is permanently resident in Australia.

"protected premises" means premises, whether in a State or in a Territory:

(a)
occupied for the purposes of:
(i)
a diplomatic mission;
(ii)
a special mission; or
(iii)
a consular post;
(b)
formerly occupied for purposes referred to in paragraph (a), being premises to which Article 45 of the Vienna Convention on Diplomatic Relations or Article 27 of the Vienna Convention on Consular Relations applies;
(ba)
occupied for the purposes of a designated overseas mission;
(c)
occupied by an international organization, or used for the purposes of a meeting of, or under the auspices of, an international organization;
(d)
used as the residence of, or otherwise for the private accommodation of, a protected person; or
(e)
formerly used as the residence of, or otherwise for the private accommodation of, the head of a diplomatic mission, being premises to which Article 45 of the Vienna Convention on Diplomatic Relations applies.
"protective service officer" has the same meaning as in the Australian Federal Police Act 1979 .

"public authority under the Commonwealth" means an authority or body (not being an incorporated company or association) constituted by or under a law of the Commonwealth or of a Territory.

"screening search" means a search of a person conducted by equipment designed to carry out such a search without touching the person.

"special mission" means a temporary mission which is sent to Australia by the government of another country with the consent of the government of Australia.

"State" includes the Northern Territory.

"Territory", except in subsection 25(2), means:

(a)
the Australian Capital Territory; or
(b)
the Jervis Bay Territory; or
(c)
the Territory of Christmas Island; or
(d)
the Territory of Cocos (Keeling) Islands.
"unreasonable obstruction" means an act or thing done by a person that constitutes, or contributes to, an obstruction of, or interference with, the exercise or enjoyment by other persons of their lawful rights or privileges (including rights of passage along the public streets) where, having regard to all the circumstances of the obstruction or interference, including its place, time, duration and nature, it constitutes an unreasonable obstruction or interference, and unreasonably obstructs has a corresponding meaning.


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(2)
References in this Act to a member of the Australian Federal Police shall be read as including references to a special member of the Australian Federal Police.

(3)
The Governor-General may make regulations for the purposes of the definition of prescribed staff member in subsection (1).


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