ACTS INTERPRETATION ACT 1901

PART 2 - DEFINITIONS  

SECTION 2B   2B   DEFINITIONS  


In any Act:

acting SES employee
has the same meaning as in the Public Service Act 1999 .

Administrative Arrangements Order
:


(a) means an instrument (a primary AAO ) made by the Governor-General that is described as an Administrative Arrangements Order; and


(b) includes an instrument made by the Governor-General that:


(i) amends a primary AAO; or

(ii) revokes a primary AAO and substitutes a new primary AAO.
Note:

The Administrative Arrangements Order sets out, from time to time, the matters dealt with by Departments of State of the Commonwealth together with the legislation administered by the Ministers for those Departments.

affidavit
includes affirmation, declaration and promise.

appoint
: see section 33AA .

APS employee
has the same meaning as in the Public Service Act 1999 .

Australia
means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Note:

See also section 15B .

Australian citizen
has the same meaning as in the Australian Citizenship Act 2007 .

Australian Privacy Principle
has the same meaning as in the Privacy Act 1988 .

Australian Standard
: see section 2L .

business day
means a day that is not a Saturday, a Sunday or a public holiday in the place concerned.

calendar month
means one of the 12 months of the year.

calendar year
means a period of 12 months starting on 1 January.

charitable
has the meaning given by Part 2 of the Charities Act 2013 .

charitable purpose
has the meaning given by Part 3 of the Charities Act 2013 .

charity
has the meaning given by Part 2 of the Charities Act 2013 .

commencement
, in relation to an Act or a provision of an Act, means the time at which the Act or provision comes into operation.

Note:

See also section 3 .

Commonwealth
means the Commonwealth of Australia and, when used in a geographical sense, includes Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not include any other external Territory.

Note:

See also section 15B .

Consolidated Revenue Fund
means the Consolidated Revenue Fund referred to in section 81 of the Constitution.

Constitution
means the Constitution of the Commonwealth.

contiguous zone
has the same meaning as in the Seas and Submerged Lands Act 1973 .

continental shelf
has the same meaning as in the Seas and Submerged Lands Act 1973 .

contravene
includes fail to comply with.

court exercising federal jurisdiction
means any court when exercising federal jurisdiction, and includes a federal court.

court of summary jurisdiction
means any justice of the peace, or magistrate of a State or Territory, sitting as a court of summary jurisdiction.

de facto partner
: see section 2D .

document
means any record of information, and includes:


(a) anything on which there is writing; and


(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and


(c) anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and


(d) a map, plan, drawing or photograph.

estate
includes any estate, interest, charge, right, title, claim demand, lien or encumbrance at law or in equity.

exclusive economic zone
has the same meaning as in the Seas and Submerged Lands Act 1973 .

Executive Council
means the Federal Executive Council.

external Territory
means a Territory, other than an internal Territory, where an Act makes provision for the government of the Territory as a Territory.

Note:

See also section 15B .

federal court
means the High Court or any court created by the Parliament.

financial year
means a period of 12 months starting on 1 July.

foreign country
means any country (whether or not an independent sovereign state) outside Australia and the external Territories.

Gazette
means the Commonwealth of Australia Gazette .

Government Printer
includes any person printing for the Government of the Commonwealth.

Note:

See also section 17A .

Governor
of a State: see section 16B .

Governor-General
: see section 16A .

High Court
means the High Court of Australia.

individual
means a natural person.

insolvent under administration
has the same meaning as in the Corporations Act 2001 .

internal Territory
means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory.

Jervis Bay Territory
means the Territory referred to in the Jervis Bay Territory Acceptance Act 1915 .

judge
has a meaning affected by section 16BA .

justice of the peace
includes a justice of the peace for a State or part of a State or for a Territory.

land
includes messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description, whatever may be the estate or interest in them.

law of the Commonwealth
: see section 2H .

legislative instrument
has the same meaning as in the Legislation Act 2003 .

Magistrate
: see subsections 16C(2) and (3) .

Minister
or Minister of State means one of the Ministers of State for the Commonwealth.

Note:

See also section 19 .

modifications
, in relation to a law, includes additions, omissions and substitutions.

month
: see section 2G .

Northern Territory
means the Northern Territory of Australia.

notifiable instrument
has the same meaning as in the Legislation Act 2003 .

oath
includes affirmation, declaration and promise.

Parliament
means the Parliament of the Commonwealth.

penalty unit
, including in relation to a civil penalty provision, has the meaning given by section 4AA of the Crimes Act 1914 .

person
: see section 2C .

prescribed
means prescribed by the Act or by regulations under the Act.

Proclamation
means a Proclamation by the Governor-General that is registered in the Federal Register of Legislation established under the Legislation Act 2003 as a legislative instrument or notifiable instrument.

Note:

Some Proclamations provide solely for the commencement of Acts, legislative instruments or notifiable instruments, or provisions of Acts or such instruments. Under section 11 of the Legislation Act 2003 , these are notifiable instruments.

record
includes information stored or recorded by means of a computer.

regulations
means regulations under the Act.

rules of court
: see section 2K .

seat of Government
means the seat of Government of the Commonwealth.

SES employee
has the same meaning as in the Public Service Act 1999 .

sitting day
: see section 2M .

Sovereign
: see section 16 .

spouse
: see section 2CA .

Standards Australia
means Standards Australia Limited (ACN 087 326 690).

State
means a State of the Commonwealth.

statutory declaration
means a declaration made because of any Act authorising a declaration to be made otherwise than in the course of a judicial proceeding.

Stipendiary Magistrate
: see subsections 16C(1) and (3) .

swear
includes affirm, declare and promise.

territorial sea
has the same meaning as in the Seas and Submerged Lands Act 1973 .

Territory
, Territory of the Commonwealth , Territory under the authority of the Commonwealth or Territory of Australia means a Territory referred to in section 122 of the Constitution.

United Kingdom
means the United Kingdom of Great Britain and Northern Ireland.

writing
includes any mode of representing or reproducing words, figures, drawings or symbols in a visible form.




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