Definitions
7 Definitions
In this Act:
accountable authority, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Australian Defence Force has the meaning given by the Defence Act 1903.
Australian intelligence entity means:
the Australian Security Intelligence Organisation; or
the Australian Secret Intelligence Service; or
the Australian Signals Directorate; or
the Office of National Intelligence; or
the part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation; or
the part of the Defence Department known as the Defence Intelligence Organisation.
Commission means the Defence and Veterans’ Service Commission.
See section 13.
Commissioner means the Defence and Veterans’ Service Commissioner.
See section 9.
Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth contractor: a person is a Commonwealth contractor of a government entity if:
both of the following apply:
the person and the government entity are parties to a contract (the Commonwealth contract);
for the purposes of the Commonwealth contract, the person is responsible for providing goods or services, for or on behalf of the government entity, to another person who is not a government entity; or
both of the following apply:
the first person, and a person to whom paragraph (a) applies, are parties to another contract (the subcontract);
under the subcontract and for the purposes of the Commonwealth contract, the person is responsible for providing goods or services, for or on behalf of the government entity, to another person who is not a government entity.
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor‑General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent).
Defence Department means the Department administered by the Minister administering Part III of the Defence Act 1903.
draft inquiry report: see subsection 22(1).
eligible Judge: see subsection 91(1).
enforcement body has the same meaning as in the Privacy Act 1988.
enforcement related activity has the same meaning as in the Privacy Act 1988.
engage in conduct means:
do an act; or
omit to perform an act.
entrusted person means:
the Commissioner; or
a Deputy Commissioner; or
an Assistant Commissioner; or
a member of the staff of the Commission referred to in section 83; or
a contractor engaged under section 84; or
a person assisting referred to in section 85; or
a consultant engaged under section 86.
final inquiry report: see subsection 24(1).
government entity means:
a Commonwealth entity; or
a body (other than a Commonwealth entity) established by or under a law of the Commonwealth; or
a body established, otherwise than by or under a law of the Commonwealth, by the Governor‑General; or
a Commonwealth company.
head, of an Australian intelligence entity, means:
in relation to the Australian Security Intelligence Organisation—the Director‑General of Security; or
in relation to the Australian Secret Intelligence Service—the Director‑General of the Australian Secret Intelligence Service; or
in relation to the Australian Signals Directorate—the Director‑General of the Australian Signals Directorate; or
in relation to the part of the Defence Department known as the Australian Geospatial‑Intelligence Organisation—the Director of that part of the Department; or
in relation to the part of the Defence Department known as the Defence Intelligence Organisation—the Director of that part of the Department; or
in relation to the Office of National Intelligence—the Director‑General of National Intelligence.
Home Affairs Department means the Department administered by the Minister administering the Australian Border Force Act 2015.
IGIS official has the meaning given by the Inspector‑General of Intelligence and Security Act 1986.
intelligence information means information:
that was acquired or prepared by or on behalf of an Australian intelligence entity in connection with the performance of the entity’s functions; or
that relates to the performance by an Australian intelligence entity of its functions; or
that identifies a person as being, or having been, a staff member (within the meaning of the Intelligence Services Act 2001) or agent of the Australian Secret Intelligence Service or the Australian Security Intelligence Organisation;
other than information that has already been communicated or made available to the public with the authority of the Commonwealth.
For the purposes of paragraph (a), information provided to an Australian intelligence entity by a foreign government or an agency of a foreign government.
Judge: see subsection 91(1).
law enforcement, security or oversight body means any of the following:
the Australian Crime Commission;
the Australian Defence Force;
the Australian Federal Police;
the Home Affairs Department;
the Inspector‑General of the Australian Defence Force;
the police force of a State or Territory;
any other entity prescribed by the rules for the purposes of this definition.
legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner of the High Court or of the Supreme Court of a State or Territory.
member of the Australian Defence Force means a member (within the meaning of the Defence Act 1903).
official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
operationally sensitive information means:
information about information sources or operational activities or methods available to a law enforcement, security or oversight body; or
information about particular operations that have been, are being or are proposed to be undertaken by a law enforcement, security or oversight body, or about proceedings relating to those operations; or
information provided by a foreign government, or by an agency of a foreign government, where that government does not consent to the public disclosure of the information.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
personal information has the same meaning as in the Privacy Act 1988.
premises includes a place that is private property.
protected information means any of the following:
personal information made or obtained by an entrusted person for the purposes of this Act;
information relating to:
a deceased person or the family, friends or associates of a deceased person; or
a veteran’s lived experience with a suicide risk;
that is personal and private;
information the disclosure of which would or could reasonably be expected to prejudice the effective working of a Commonwealth entity in the performance of the entity’s functions or the exercise of the entity’s powers.
rules means rules made under section 96.
sensitive information means information the disclosure of which would be contrary to the public interest:
because it would prejudice the security, defence or international relations of the Commonwealth; or
because it would involve disclosing:
deliberations or decisions of the Cabinet, or of any committee of the Cabinet, of the Commonwealth or of a State; or
deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or
deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or
because it would prejudice relations between the Commonwealth and a State or Territory; or
because it would involve disclosing any information that was communicated in confidence by the Commonwealth to a State or Territory, or by a State or Territory to the Commonwealth; or
because it would reasonably be expected to prejudice the commercial interests of any person or body; or
for any other reason that could form the basis for a claim in a judicial proceeding that the information should not be disclosed.
special inquiry: see subsection 30(1).
State body means a department or authority of a State.
Territory body means a department or authority of a Territory.
use, in relation to information, includes make a record of.
vessel means:
a ship, boat, raft, pontoon or submersible craft; or
any other thing capable of carrying persons or goods through or on water;
(whether or not crewed) and includes a hovercraft and other non‑displacement craft.
veteran means a person who is or has been a member of the Australian Defence Force.
This Act’s bill:Explanatory memorandumSecond reading speech
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