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COMMONWEALTHAct
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s 5

Interpretation

In force
Part IIInterpretation

5 Interpretation

Unless the contrary intention appears:

act includes omission.

do includes make.

occupation means:

(a)

an occupation of territory arising out of a war; or

(b)

without limiting the generality of paragraph (a), an occupation of territory in Latvia, Lithuania or Estonia as a direct or indirect result of:

(i)

the agreement of 23 August 1939 between Germany and the Union of Soviet Socialist Republics; or

(ii)

any protocol to that agreement.

person means a natural person, whether or not the person is or has ever been:

(a)

an Australian citizen;

(b)

a resident of Australia;

(c)

a British subject;or

(d)

a citizen of a country allied or associated with Australia in relation to the conduct of a war.

proceeding, in relation to an offence, means:

(a)

a proceeding for commitment for trial in respect of the offence; or

(b)

a prosecution on indictment for the offence.

war means:

(a)

a war, whether declared or not;

(b)

any other armed conflict between countries; or

(c)

a civil war or similar armed conflict;

(whether or not involving Australia or a country allied or associated with Australia) in so far as it occurred in Europe in the period beginning on 1 September 1939 and ending on 8 May 1945.

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