Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1997 No. 47 of 1997 - SECT 23

(1) For the purposes of this Act, a person's immediate circle consists of the
person, together with the following persons:

   (a)  if the person is an individual-an employee of the individual;

   (b)  if the person is a partnership-an employee of the partnership;

   (c)  if the person is a body corporate:

        (i)    an officer of the body corporate;

        (ii)   if another body corporate is related to the first-mentioned
               body corporate (within the meaning of the Corporations
               Law)-that other body corporate and an officer of that other
               body corporate;

   (d)  if the person is the Commonwealth:

        (i)    an authority or institution of the Commonwealth (other than an
               authority or institution that carries on a business as a core
               function) and a constituent member or an employee of such an
               authority or institution;

        (ii)   an officer or employee of the Commonwealth;

        (iii)  a member of the Australian Defence Force;

        (iv)   a member of the Australian Federal Police;

        (v)    a member of the Parliament and a member of the staff of a
               member of the Parliament;

        (vi)   a person who holds or performs the duties of an office under
               the Constitution or a law of the Commonwealth;

   (e)  if the person is a State:

        (i)    an authority or institution of the State (other than an
               authority or institution that carries on a business as a core
               function) and a constituent member or an employee of such an
               authority or institution;

        (ii)   an officer or employee of the State;

        (iii)  a member of the police force of the State;

        (iv)   a member of the Parliament of the State and a member of the
               staff of a member of the Parliament of the State;

        (v)    a person who holds or performs the duties of an office under a
               law of the State;

   (f)  if the person is a Territory:

        (i)    an authority or institution of the Territory (other than an
               authority or institution that carries on a business as a core
               function) and a constituent member or an employee of such an
               authority or institution;

        (ii)   an officer or employee of the Territory;

        (iii)  a member of the police force of the Territory;

        (iv)   a member of the Legislative Assembly of the Territory and a
               member of the staff of a member of the Legislative Assembly of
               the Territory;

        (v)    a person who holds or performs the duties of an office under a
               law of the Territory;

   (g)  if the person is an authority or institution of the Commonwealth
        (other than an authority or institution that carries on a business as
        a core function):

        (i)    a constituent member or an employee of the authority or
               institution;

        (ii)   the Commonwealth;

        (iii)  an officer or employee of the Commonwealth;

        (iv)   a member of the Australian Defence Force;

        (v)    a member of the Australian Federal Police;

        (vi)   a member of the Parliament and a member of the staff of a
               member of the Parliament;

        (vii)  a person who holds or performs the duties of an office under
               the Constitution or a law of the Commonwealth;

        (viii) another authority or institution of the Commonwealth (other
               than an authority or institution that carries on a business as
               a core function) and a constituent member or an employee of the
               other authority or institution;

   (h)  if the person is an authority or institution of the Commonwealth,
        being an authority or institution that carries on a business as a core
        function-a constituent member or an employee of the authority or
        institution;

   (i)  if the person is an authority or institution of a State (other than an
        authority or institution that carries on a business as a core
        function):

        (i)    a constituent member or an employee of the authority or
               institution;

        (ii)   the State;

        (iii)  an officer or employee of the State;

        (iv)   a member of the police force of the State;

        (v)    a member of the Parliament of the State and a member of the
               staff of a member of the Parliament of the State;

        (vi)   a person who holds or performs the duties of an office under a
               law of the State;

        (vii)  another authority or institution of the State (other than an
               authority or institution that carries on a business as a core
               function) and a constituent member or an employee of the other
               authority or institution;

   (j)  if the person is an authority or institution of a State, being an
        authority or institution that carries on a business as a core
        function-a constituent member or an employee of the authority or
        institution;

   (k)  if the person is an authority or institution of a Territory (other
        than an authority or institution that carries on a business as a core
        function):

        (i)    a constituent member or an employee of the authority or
               institution;

        (ii)   the Territory;

        (iii)  an officer or employee of the Territory;

        (iv)   a member of the police force of the Territory;

        (v)    a member of the Legislative Assembly of the Territory and a
               member of the staff of a member of the Legislative Assembly of
               the Territory;

        (vi)   a person who holds or performs the duties of an office under a
               law of the Territory;

        (vii)  another authority or institution of the Territory (other than
               an authority or institution that carries on a business as a
               core function) and a constituent member or an employee of the
               other authority or institution;

   (l)  if the person is an authority or institution of a Territory, being an
        authority or institution that carries on a business as a core
        function-a constituent member or employee of the authority or
        institution;

   (m)  if the person is a tertiary education institution:

        (i)    a member of the governing body of the tertiary education
               institution;

        (ii)   an officer or employee of the tertiary education institution;

        (iii)  a student of the tertiary education institution;

   (n)  a person specified in a determination under subsection (2).

(2) The Minister may make a written determination specifying persons for the
purposes of paragraph (1)(n).

(3) A determination under subsection (2) may be unconditional or subject to
such conditions (if any) as are specified in the determination.

(4) Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit
subsections (2) and (3).

(5) The Minister may make a written determination providing that a specified
authority or specified institution is taken to carry on a business as a core
function for the purposes of subsection (1).

(6) The Minister may make a written determination providing that a specified
authority or specified institution is taken not to carry on a business as a
core function for the purposes of subsection (1).

(7) A determination under subsection (2), (5) or (6) has effect accordingly.

(8) A determination under subsection (2), (5) or (6) is a disallowable
instrument for the purposes of section 46A of the Acts 
Interpretation Act 1901.

(9) For the purposes of this section, a person who holds or performs the
duties of the office of Administrator of the Northern Territory is taken to be
an officer of that Territory.

(10) For the purposes of this section, the Australian Federal Police is taken
to be the police force of the Australian Capital Territory.

(11) In this section:
core function, in relation to an authority or institution, means a function of
the authority or institution other than a secondary or incidental function.
director includes a constituent member of a body corporate incorporated for a
public purpose by a law of the Commonwealth, a State or a Territory.
executive officer, in relation to a body corporate, means a person, by
whatever name called and whether or not a director of the body, who is
concerned in, or takes part in, the management of the body.
officer, in relation to a body corporate, includes a director, secretary,
executive officer or employee of the body.
tertiary education institution means:

   (a)  a higher education institution (within the meaning of the Student and
        Youth Assistance Act 1973); or

   (b)  a technical and further education institution (within the meaning of
        that Act).