Commonwealth Numbered Acts

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DEFENCE RESERVE SERVICE (PROTECTION) ACT 2001 - SECT 7

Definitions

In this Act, unless the contrary intention appears:

"absent on defence service "has the meaning given by section 8.

"ADI" (authorised deposit-taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959 .

"Australian education institution" means an education institution (within the meaning of the Student Assistance Act 1973 ) in Australia.

"body administering an Australian education institution" means:

(a)
the institution (if it is a body corporate); or

(b)
in any other case—the body or other person (including the Crown) who has ultimate responsibility for administering the institution.

"call out day", in relation to a member, means the day on which the member becomes liable to render continuous full time service as a result of an order under section 50D, 51A, 51B or 51C of the Defence Act 1903 .

"commission agent" means a person who:

(a)
works for another person as the agent of that other person; and

(b)
is wholly or partly remunerated by commission.

"company title interest", in relation to land, means a right:

(a)
to occupy the land; or

(b)
to occupy a building or part of a building erected on the land;

arising out of the holding of shares, or out of a contract to purchase shares, in a company that owns the land or building.

"contract of employment" has the meaning given by section 10.

"contractor" means a person who contracts to perform work for another person under a contract for services (other than as an employee).

"defence service" means service (including training) in a part of the Reserves.

"dependant" has the meaning given by section 9.

"employment" includes:

(a)
appointment or employment by the Commonwealth, a State or Territory; and

(b)
appointment or employment by an authority of the Commonwealth or of a State or Territory (including a local government body); and

(c)
an apprenticeship; and

(d)
a traineeship arrangement; and

(e)
full-time, part-time and casual work;

but does not include:

(f)
work under a contract for services; or

(g)
work as a commission agent.

"Finance Minister" means the Minister administering the Financial Management and Accountability Act 1997 .

"hire purchase agreement" means a contract for the hire of goods where:

(a)
the hirer has the right or obligation to buy the goods; and

(b)
the charge that is or may be made for the hire, together with any other amount payable under the contract (including an amount to buy the goods or to exercise an option to do so), is more than the price of the goods; and

(c)
title in the goods does not pass to the hirer until the option to purchase is exercised.

"land" includes:

(a)
buildings and improvements on land; and

(b)
a legal or equitable estate or interest in land; and

(c)
a right, power or privilege over, or in relation to, land; and

(d)
a company title interest in land.

"loan" includes the provision of credit or any other form of financial accommodation.

"member" means a person who is, or has been, a member of a part of the Reserves, but does not include a person called upon to serve in the Defence Force under section 60 of the Defence Act 1903 .

"protected period", in relation to a member who is rendering, or has rendered, defence service in relation to which Part 5 or Part 8 applies, means the shorter of the following periods:

(a)
the period that begins immediately after the day on which the member ceased to render the defence service and that is equal to the length of that service;

(b)
the period of 12 months beginning immediately after the day on which the member ceased to render that service.

"Reserves" has the same meaning as in the Defence Act 1903 .

"service chief" means the Chief of Navy, the Chief of Army or the Chief of Air Force.

"this Act" includes the regulations.


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