Definitions
8 Definitions
In this Act:
ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002.
affected agency, in relation to a machinery of government change: see section 73A.
agency has the meaning given by section 71.
allocation, in relation to a disclosure:
means the allocation of the handling of the disclosure under section 43; and
includes the reallocation of the handling of the disclosure as decided under section 45.
One situation in which a disclosure may be reallocated under section 45 is in response to a recommendation by the Ombudsman or the IGIS under section 55.
another law or power means:
a law of the Commonwealth (including procedures under such a law), other than this Act; or
the executive power of the Commonwealth.
AUSTRAC means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
Australia, when used in a geographical sense, includes the external Territories.
Australian legal practitioner has the same meaning as in the Evidence Act 1995.
Australian police force means the Australian Federal Police or the police force of a State or Territory.
authorised internal recipient has the meaning given by section 34.
authorised officer has the meaning given by section 36.
belongs: section 69 sets out when a public official belongs to an agency.
Cabinet information means:
information contained in a document that is an exempt document under section 34 of the Freedom of Information Act 1982; or
information the disclosure of which would involve the disclosure of any deliberation, or decision, of the Cabinet or a committee of the Cabinet.
change time, in relation to a machinery of government change: see section 73A.
chief executive officer has the meaning given by subsection 73(2).
Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth contract has the meaning given by subsections 30(3) and (4).
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Commonwealth tribunal means:
a body established as a tribunal by or under a law of the Commonwealth; or
a statutory officeholder prescribed by the PID rules for the purposes of this paragraph.
completed, in relation to an investigation under Division 2 of Part 3, has the meaning given by subsection 52(2).
contracted service provider has the meaning given by subsection 30(2).
corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022.
Defence Department means the Department administered by the Minister administering Part III of the Defence Act 1903, and includes:
the Defence Force; and
the Australian Defence Force Cadets.
Department means:
a Department of State (including the Defence Department), excluding any part that is itself a Commonwealth entity; or
a Department of the Parliament that is established under the Parliamentary Service Act 1999.
Department of Home Affairs means the Department administered by the Minister administering the Australian Border Force Act 2015.
designated publication restriction means any of the following:
section 121 of the Family Law Act 1975;
section 91X of the Migration Act 1958;
section 110X of the Child Support (Registration and Collection) Act 1988;
a non‑publication order (within the meaning of Part XAA of the Judiciary Act 1903) of any court;
a suppression order (within the meaning of Part XAA of the Judiciary Act 1903) of any court;
an order under section 31, 38J or 38L of the National Security Information (Criminal and Civil Proceedings) Act 2004;
an order under section 28 of the Witness Protection Act 1994;
an order under subsection 70(1) or (2) or 157(3) of the Administrative Review Tribunal Act 2024;
section 21C of the Australian Crime Commission Act 2002;
a direction under subsection 25A(9) of the Australian Crime Commission Act 2002;
section 29B of the Australian Crime Commission Act 2002;
section 98 or 101, or subsection 233(3), of the National Anti‑Corruption Commission Act 2022.
detriment has a meaning affected by section 13.
disclosable conduct has the meaning given by Subdivision B of Division 2 of Part 2.
disclose includes re‑disclose.
disclosure investigation means:
an investigation under Division 2 of Part 3; or
an investigation, in relation to a disclosure that is allocated under Division 1 of Part 3, by an investigative agency under a separate investigative power.
emergency disclosure means a public interest disclosure covered by item 3 of the table in subsection 26(1).
engage in conduct means:
do an act; or
omit to do an act.
examiner of ACIC has the meaning given by the Australian Crime Commission Act 2002.
external disclosure means a public interest disclosure covered by item 2 of the table in subsection 26(1).
Federal Court means the Federal Court of Australia.
foreign country includes:
a colony or overseas territory; and
a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and
a territory outside Australia that is to some extent self‑governing, but that is not recognised as an independent sovereign state by Australia.
foreign government means the government of a foreign country.
foreign public official has the same meaning as in Division 70 of the Criminal Code.
identifying information has the meaning given by paragraph 20(1)(b).
IGIS means the Inspector‑General of Intelligence and Security.
information, in relation to a disclosure, includes an allegation made in conjunction with another disclosure of information.
intelligence agency means:
the Australian Secret Intelligence Service; or
the Australian Security Intelligence Organisation; or
the Australian Geospatial‑Intelligence Organisation; or
the Defence Intelligence Organisation; or
the Australian Signals Directorate; or
the Office of National Intelligence; or
the ACIC.
intelligence function, in relation to AUSTRAC, the Department of Home Affairs or the Australian Federal Police, has the meaning given by the Inspector‑General of Intelligence and Security Act 1986.
intelligence information has the meaning given by section 41.
internal disclosure means a public interest disclosure that:
is covered by item 1 of the table in subsection 26(1); or
is an allegation made in conjunction with such a disclosure.
international organisation means an organisation:
of which Australia and one or more foreign countries are members; or
that is constituted by a person or persons representing Australia and a person or persons representing one or more foreign countries.
investigate, in relation to a disclosure, has the meaning given by subsections 47(2) and (3).
investigative agency means:
the Ombudsman; or
the IGIS; or
an agency that is prescribed by the PID rules to be an investigative agency for the purposes of this Act.
judicial officer has the meaning given by subsection 32(2).
legal practitioner disclosure means a public interest disclosure covered by item 4 of the table in subsection 26(1).
legal professional privilege includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995 or under a corresponding law of a State or Territory.
machinery of government change: see section 73A.
member of the staff of the chief executive officer of a court or Commonwealth tribunal has the meaning given by subsection 32(3).
NACC disclosure has the same meaning as in the National Anti‑Corruption Commission Act 2022.
new agency, in relation to a machinery of government change: see section 73A.
official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
Ombudsman means the Commonwealth Ombudsman.
personal work‑related conduct: see section 29A.
PID rules (short for Public Interest Disclosure Rules) means the rules made by the Minister under section 83.
position, in relation to a public official, includes office or situation.
prescribed authority has the meaning given by section 72.
principal officer, in relation to an agency, has the meaning given by section 73.
provides assistance: for when a person provides assistance in relation to a disclosure, see section 12A (Witnesses—immunity from liability etc.).
public interest disclosure has the meaning given by Subdivision A of Division 2 of Part 2.
public official has the meaning given by Subdivision A of Division 3 of Part 4.
recipient, in relation to a disclosure of information, means the person to whom the information is disclosed.
relates: section 35 sets out when conduct relates to an agency.
reprisal: see the definition of takes a reprisal in section 13.
Royal Commission has the meaning given by the Royal Commissions Act 1902.
sensitive law enforcement information has the meaning given by subsection 41(2).
separate investigative power has the meaning given by subsection 49(2).
statutory officeholder has the meaning given by subsection 69(2).
stop action direction under the NACC Act means a direction under subsection 43(1) of the National Anti‑Corruption Commission Act 2022 (including as applied by section 211 of that Act) to stop taking action in relation to a corruption issue or a NACC corruption issue.
supervisor, in relation to a person who makes a disclosure, is a public official who supervises or manages the person making the disclosure.
takes a reprisal has the meaning given by section 13.
transferred function, in relation to a machinery of government change: see section 73A.
This Act’s bill:Explanatory memorandumSecond reading speech
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