Crimes ACT 1914

CRIMES ACT 1914

CRIMES ACT 1914 SECT 85ZL

85ZL Interpretation of Part

In this Part, unless the contrary intention appears:

Commonwealth authority means:

(a): a Commonwealth Minister;
(b): a Commonwealth Department;
(ba): the Defence Force;
(c): a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a Commonwealth law, not being:

(i): an incorporated company, society or association; or
(ii): an organisation within the meaning of the Workplace Relations Act 1996 or a branch of such an organisation;

(d): a body established or appointed by the Governor-General, or by a Commonwealth Minister, otherwise than by or under a Commonwealth law;
(e): a person holding or performing the duties of an office established by or under, or an appointment made under, a Commonwealth law other than the office of Secretary of a Commonwealth Department;
(f): a person holding or performing the duties of an appointment made by the Governor-General, or by a Commonwealth Minister, otherwise than under a Commonwealth law;
(g): a federal court;
(h): the Supreme Court of the Australian Capital Territory; or
(j): the Australian Federal Police.

Commonwealth Department means an Agency within the meaning of the Public Service Act 1999 .

Commonwealth law means:

(a): an Act other than:

(i): the Australian Capital Territory (Self-Government) Act 1988 ; or
(ii): the Northern Territory (Self-Government) Act 1978 ;

(b): an instrument (including rules, regulations or by-laws) made under an Act (other than an Act referred to in subparagraph (a)(i) or (ii)); or
(c): any other legislation that applies as a law of the Commonwealth (other than legislation in so far as it is applied by an Act referred to in subparagraph (a)(i) or (ii)), to the extent that it operates as such a law.

Commonwealth Minister means a Minister of State of the Commonwealth.

Commonwealth offence means an offence against a Commonwealth law.

complaint means a complaint under subsection 85ZZA(1).

designated offence means:

(a): a sexual offence; or
(b): any other offence against the person if the victim of the offence was under 18 at the time the offence was committed.

designated position means a position in a Commonwealth authority which the head of the authority has determined to be a designated security assessment position whose duties are likely to involve access to national security information classified as secret or top secret.

foreign law means a law of a foreign country.

foreign offence means an offence against a foreign law.

intelligence or security agency means:

(a): the Australian Security Intelligence Organisation;
(b): the Australian Secret Intelligence Service;
(c): the Office of National Assessments;
(d): that part of the Department of Defence known as the Defence Signals Directorate; or
(e): that part of the Department of Defence known as the Defence Intelligence Organisation.

law enforcement agency means:

(a): the Australian Federal Police;
(b): the police force of a State or Territory;
(ba): the Australian Customs Service;
(c): the National Crime Authority;
(d): the Australian Bureau of Criminal Intelligence;
(e): the National Exchange of Police Information;
(f): the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act, 1988 of the State of New South Wales, or a similar body established under a law of another State;
(g): the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales, or a similar body established under a law of another State;
(h): the Office of the Director of Public Prosecutions, or a similar body established under a State law;
(j): a Director of Public Prosecutions, or a person performing a similar function, appointed under a law of a State;
(k): staff appointed to assist a Director or person referred to in paragraph (j); or
(m): officers or members of the Attorney-General's Department of a State or a similar State Department, or of a body administered by such a Department, being officers or members whose primary function is the institution or conduct of proceedings for State offences.

national security information means information affecting the defence, security or international relations of Australia.

Privacy Act means the Privacy Act 1988 .

Secretary , in relation to a Commonwealth Department, means the Agency Head within the meaning of the Public Service Act 1999 .

security has the same meaning as in the Australian Security Intelligence Organisation Act 1979 .

spent , in relation to a conviction, has the meaning given it in section 85ZM.

State includes the Australian Capital Territory and the Northern Territory.

State authority means:

(a): a State Minister;
(b): a State Department;
(c): a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a State law, not being:

(i): an incorporated company, society or association;
(ii): an association of employers or employees that is registered or recognised under a State law dealing with the conciliation and arbitration of industrial disputes; or
(iii): the body corporate constituted under subsection 6(1) of the Legal Practitioners Ordinance 1970 of the Australian Capital Territory or a similar body constituted under a law of another State;

(d): a body established or appointed by a Governor of a State, or by a State Minister, or by the Australian Capital Territory Executive or the Administrator of the Northern Territory otherwise than by or under a State law;
(e): a person holding or performing the duties of an office established by or under, or an appointment made under, a State law, other than the office of head of a State Department (however described);
(f): a person holding or performing the duties of an appointment, being an appointment made by a Governor of a State or by a State Minister, or by the Australian Capital Territory Executive or the Administrator of the Northern Territory otherwise than under a State law;
(g): a State court; or
(h): a State police force.

State law means a law in force in a State (other than a Commonwealth law).

State offence means an offence against a State law.

Territory does not include the Australian Capital Territory or the Northern Territory.

Territory law means a law in force in a Territory (other than a Commonwealth law).

Territory offence means an offence against a Territory law.

waiting period , in relation to an offence, means:

(a): if the person convicted of the offence was dealt with as a minor in relation to the conviction—the period of 5 years beginning on the day on which the person was convicted of the offence; or
(b): in any other case—the period of 10 years beginning on the day on which the person was convicted of the offence.