Commonwealth Numbered Acts

AUSTRALIAN PROTECTIVE SERVICE ACT 1987 No. 7 of 1987 - SECT 6

6. (1) Subject to sub-section (4), the functions of the Protective Service are
to provide such protective and custodial services for or on behalf of the
Commonwealth as the Minister, by notice in writing published in the Gazette,
directs.

(2) Without limiting the generality of sub-section (1), but subject to
sub-section (4), the functions of the Protective Service may include-

   (a)  the protection of property in which-

        (i)    the Commonwealth, a foreign country or an international
               organisation has an interest; or

        (ii)   an authority of the Commonwealth, of a foreign country or of an
               international organisation has an interest;

   (b)  the protection of, and of members of the family and household of,
        persons holding office under the Commonwealth;

   (c)  the protection of internationally protected persons;

   (d)  the keeping of persons in custody under the Migration Act 1958; and

   (e)  functions incidental or conducive to a function referred to in
        paragraph (a), (b), (c) or (d).

(3) Without limiting the generality of paragraph (2) (a), the Commonwealth, a
foreign country or an international organisation, or an authority of the
Commonwealth, of a foreign country or of an international organisation, as the
case requires, shall be taken, for the purposes of that paragraph, to have an
interest in any property that it owns, occupies or uses or that is in its
possession or under its control.

(4) The functions of the Protective Service do not include the provision of
bodyguard services.

(5) In this section-

"authority"-

   (a)  in relation to the Commonwealth, means-

        (i)    a body, whether incorporated or unincorporated, established for
               a public purpose-

                (A)  by or under a law of the Commonwealth or a law of a
                     Territory other than the Northern Territory; or

                (B)  by the Governor-General or a Minister;

        (ii)   an incorporated company in which the Commonwealth or a body
               described in sub-paragraph (i) has a controlling interest; or

        (iii)  any other agency or instrumentality of the Commonwealth;

   (b)  in relation to a foreign country, means-

        (i)    a body, whether incorporated or unincorporated, established for
               a public purpose-

                (A)  by or under a law of the foreign country;

                (B)  by the head of the foreign country in his or her public
                     capacity; or

                (C)  by the executive government of the foreign country,
                     including by a department or organ of the executive
                     government of the foreign country;

        (ii)   an incorporated company in which the foreign country or a body
               described in sub-paragraph (i) has a controlling interest; or

        (iii)  any other agency or instrumentality of the foreign country; and

   (c)  in relation to an international organisation, includes an agency or
        instrumentality of the organisation;

"foreign country" means any country outside Australia (whether or not an
independent sovereign State), and includes a province, state, self-governing
territory or other political sub-division (by whatever name known) of such a
country;

"international organisation" has the same meaning as the term international
organization in section 5A of the Diplomatic Privileges and Immunities Act
1967;

"internationally protected person" has the same meaning as in the Crimes
(Internationally Protected Persons) Act 1976;

"office under the Commonwealth" includes-

   (a)  office as Governor-General;

   (b)  office as a Minister;

   (c)  office as a Senator or member of the House of Representatives;

   (d)  office as a Justice of the High Court;

   (e)  an office established by, or an appointment made under, a law of the
        Commonwealth or a law of a Territory other than the Northern
        Territory; or

   (f)  an appointment made by the Governor-General or a Minister otherwise
        than under such a law;

"property" means real and personal property of every description.