new Act means the Defence and Veterans’ Service Commissioner Act 2026.
-old law means the provisions of Part VIIIE of the Defence Act 1903 as in force immediately before the commencement of this Act.
-transition time means the time the new Act commences.
+In this Act:
eligible Judge means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force.
-Judge means a person who is a Judge of a court created by the Parliament.
+composite service, in relation to a person who has completed a period of effective full-time service and a period of statutory training obligation without a break between the periods, means a period of service that is worked out as follows:
-act-1990-fig-1.png)
+
where:
@@ -389,7 +398,7 @@ Number of years of effective full-time service or composite service to be comple-act-1990-fig-2.png)
+
-act-1990-fig-3.png)
+
-act-1990-fig-4.png)
+
In this section:
interest includes a legal or equitable interest and a life interest, but does not include an interest as lessee unless the relevant lease is a Crown lease for a term of more than 50 years.
+In this section:
entitlement period means:
+whichever is less.
rejoining member does not include a person who has been an operational service member under subsection 3A(1) or has been a warlike service member.
-subsidy service means:
+statutory training obligation added to effective full-time service.
used subsidy period, in relation to a person, means the total period during which subsidy has been paid on any subsidised loan to the person.
+In this section:
prescribed member means a deceased member:
+The RMR amount must be worked out using the formula:
-act-1990-fig-5.png)
+
where:
@@ -2577,7 +2586,7 @@ Number of years of effective full-time service or composite service to be compleThe monthly subsidy amount must be worked out using the formula:
-act-1990-fig-6.png)
+
where:
@@ -2959,7 +2968,7 @@ Number of years of effective full-time service or composite service to be compleIn this section:
prescribed borrower means a subsidised borrower who is or was an eligible person.
+In this section:
due amount means an amount equal to the amount incorrectly paid to the Bank by way of subsidy on a loan to a person plus interest on that amount at the benchmark rate from time to time applicable from the day the incorrect payment was made until payment is made to the Commonwealth under the agreement or this section, as the case requires.
+In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
+In this section:
personal information has the same meaning as in the Privacy Act 1988.
+In this section:
Convention means the Third Convention, within the meaning of the Geneva Conventions Act 1957, being that Convention as having effect subject to and in accordance with any reservation or declaration referred to in subsection 5(3) of that Act.
-prisoner of war means a protected prisoner of war as defined in subsection 5(2) of the Geneva Conventions Act 1957 for whom Australia is responsible.
+In this section:
equipment includes vehicles, ammunition, instruments and tools.
+In this section:
required standard, in relation to performing a duty, means the standard to which a reasonably capable and careful defence member of the same training and experience would perform the duty.
+In this section:
money includes anything that is equivalent to money. For this purpose, cheques, negotiable instruments and electronic funds transfers are taken to be equivalent to money.
+In this section:
account has the same meaning as in section 133.1 of the Criminal Code.
+In this section:
Commonwealth credit card means a credit card issued to, or made available for use by, the Commonwealth to enable the Commonwealth to obtain cash, goods or services on credit.
+Subdivision D—Looting
In this section:
benefit includes any advantage and is not limited to property.
+In this section:
cannabis means:
+any other form of cannabis (including flowering or fruiting tops, leaves, seeds or stalks, but not including cannabis fibre).
controlled drug has the same meaning as in Part 9.1 of the Criminal Code.
-controlled plant has the same meaning as in Part 9.1 of the Criminal Code.
-prescribed quantity, in relation to a prohibited drug, means:
+In this Part, authorized officer includes a commanding officer.
+In this Part,
In this section:
authorized member of the Defence Force means:
+In this section:
authorized member, in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized member or authorized members, as the case may be, in relation to the custodial facility.
-authorized person, in relation to a custodial facility, means a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, appointed by a commanding officer, in writing, to be an authorized person or authorized persons, as the case may be, in relation to the custodial facility.
-custodial facility means a place or facility:
+In this Division, prescribed offence means:
+In this Division,
In this Division, review means a review under this Part of proceedings of a service tribunal that have resulted in a conviction.
+In this Division,
In this Division, review means a review under this Part of proceedings before a court martial or a Defence Force magistrate that have resulted in a prescribed acquittal.
+In this Division,
In this Division, review means a review of a punishment specified in section 172 or of an order specified in that section.
+In this Division,
In this Part, member of the staff, in relation to a detention centre, means a member of the Defence Force on the staff of a detention centre.
+In this Part,
In this section:
Minister, in relation to the Northern Territory, means a person holding an office referred to in section 34 of the Northern Territory (Self-Government) Act 1978.
+Note: See subsection 3(1).
+
where A is the annual rate of pay applicable to him on that day.
@@ -1373,7 +1388,7 @@In this section:
deceased person means a person who was, at the time of his or her death, a contributing member, a recipient member or a person in respect of whom deferred benefits were applicable.
+The rate of the spouse pension to which the spouse is entitled is worked out using the following formula:
+
If the member of the scheme makes an election under subsection 124(1), the rate at which retirement pay is payable to the member is the rate worked out by using the formula:
+
where:
@@ -1913,7 +1928,7 @@For the purposes of subsection (2A), the maximum commutation factor is the number calculated in accordance with the formula:
+
where A is:
@@ -2017,7 +2032,7 @@if the member’s surcharge deduction amount exceeds the specified amount—the amount per annum worked out by using the formula:
+
where:
@@ -2071,7 +2086,7 @@the amount per annum of the retirement pay payable to the member, on and after the day on which the election takes effect, is the amount per annum worked out by using the formula:
+
where:
@@ -2091,8 +2106,8 @@In this section:
new pension percentage of pay, in relation to a person to whom this section applies, means the annual rate of his retirement pay (expressed as a percentage of the rate that was his annual rate of pay for the purposes of this Act immediately before his retirement) that is, or, but for an election under this section, would be, payable to him under this Act on his retirement.
-previous pension percentage of pay, in relation to a person to whom this section applies, means the annual rate of pension (expressed as a percentage of the rate that was his annual rate of pay, for the purposes of the previous Act, on 30 September 1972) that would have been payable to him under the previous legislation if he had retired on 30 September 1972, otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties, and:
+being a person referred to in subparagraph (2)(d)(ii)—he had, on
retiring age for the rank held has the same meaning as it would have in the definition of retiring age for the rank held in subsection 4(1) of the previous Act if the reference in that definition to the date of a member’s retirement were a reference to 30 September 1972.
-service for pension means service for pension as defined by subsection 4(1) of the previous Act.
+If the member of the scheme makes an election under subsection 124(1), the rate at which invalidity pay is payable to the member is the rate worked out by using the formula:
+
where:
@@ -2628,7 +2643,7 @@For the purposes of subsection (4), the maximum commutation factor is the number calculated in accordance with the formula:
+
where A is:
@@ -2753,7 +2768,7 @@if the member’s surcharge deduction amount exceeds the specified amount—the amount per annum worked out by using the formula:
+
where:
@@ -2807,7 +2822,7 @@the amount per annum of the invalidity pay payable to the member, on and after the day on which the election takes effect, is the amount per annum worked out by using the formula:
+
where:
@@ -2827,7 +2842,7 @@In this section:
new pension percentage of pay:
+in relation to a person to whom this section applies who, on his retirement, is classified as Class A under section 30 but is subsequently reclassified as Class B—means the rate that would have been the annual rate of his invalidity pay (expressed as a percentage of the rate that was his annual rate of pay, for the purposes of this Act, immediately before his retirement) that would have been payable to him under this Act on his retirement if he had been classified as Class B on his retirement.
previous pension percentage of pay, in relation to a person to whom this section applies, means the annual rate of pension (expressed as a percentage of the rate that was his annual rate of pay, for the purpose of the previous Act, on 30 September 1972) that would have been payable to him under the previous legislation if he had retired on 30 September 1972, otherwise than on the ground of invalidity or of physical or mental incapacity to perform his duties, and:
+and had, on
retiring age for the rank held has the same meaning as it would have in the definition of retiring age for the rank held in subsection 4(1) of the previous Act if the reference in that definition to the date of a member’s retirement were a reference to 30 September 1972.
-service for pension means service for pension as defined by subsection 4(1) of the previous Act.
+In this section:
bank includes, but is not limited to, a body corporate that is an ADI (authorised deposit-taking institution) for the purposes of the Banking Act 1959.
+The amount referred to in subsection (2) must not exceed an amount calculated in accordance with the following formula:
+
where:
@@ -3709,7 +3724,7 @@if the member’s surcharge deduction amount exceeds the commuted amount—the amount per annum worked out by using the formula:
+
where:
@@ -3784,7 +3799,7 @@then, subject to subsection (2A), there is payable to the orphan or each of the orphans, instead of the pensions described in subsection (2), a pension at the rate worked out by using the formula:
+
where:
@@ -4599,7 +4614,7 @@if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
+
the rate at which retirement pay or invalidity pay is payable to the person is to be reduced so that it equals the amount worked out using this formula:
+
where:
@@ -5171,9 +5186,9 @@In this section, unless the contrary intention appears:
person to whom this section applies means a person who ceased to be an eligible member of the Defence Force by reason of having been transferred to a Reserve, having been discharged from the Defence Force or having had his continuous full-time service terminated under the Defence (Parliamentary Candidates) Act.
-the declared date, in relation to an election, means the date that, for the purposes of the Defence (Parliamentary Candidates) Act, is the declared date in relation to the election.
-the election, in relation to a person to whom this section applies, means the election in relation to which he made the application in pursuance of which he was transferred to a Reserve, discharged from the Defence Force or had his continuous full-time service terminated under the Defence (Parliamentary Candidates) Act.
+The amount of a fortnightly instalment of pension benefit shall be an amount calculated in accordance with the formula:
+
where P is the amount per annum of the pension benefit.
@@ -6270,7 +6285,7 @@the rate at which retirement pay is payable to the person is (instead of the rate provided for in section 23) an amount per annum worked out by using the formula:
+
where:
@@ -6344,7 +6359,7 @@the rate at which retirement pay is payable to the person is the amount per annum worked out by using the formula:
+
where:
@@ -7012,7 +7027,7 @@(14) In this section, the prescribed amount, in relation to a person in relation to any time, is an amount ascertained in accordance with the formula , where:
+
a is the amount of the annual premium, or the sum of the amounts of the annual premiums, applicable at that time under the life policy or life policies assigned by him to the Commonwealth in accordance with subsection (3) or issued in relation to him in accordance with subsection (4).
@@ -7768,7 +7783,7 @@(3) Subject to subsection (3A), the prescribed percentage for a prescribed half-year is:
+
where:
@@ -8419,7 +8434,7 @@(1) Subject to subsection (2), the LCI percentage for a prescribed half-year is:
+
where:
@@ -8515,7 +8530,7 @@For the purposes of step 7 of the method statement in subsection 98GB(2), if this section applies then the 55-plus percentage, for the prescribed half-year, is:
+
In this section:
enactment means:
+an instrument made under an Act.
prescribed provision means:
+In this section:
actual unit contribution, in relation to a pensioner to whom this section applies, means the number of units in respect of which pension was payable to the pensioner immediately before the commencing date.
-actual unit entitlement, in relation to a pensioner to whom this section applies, means:
+(a) the number of units of pension that, immediately before his retirement, was applicable to him under section twenty-eight of the Defence Forces Retirement Benefits Act 1948, or of that Act as amended and in force at that time; or
(b) his actual unit contribution;
whichever is the greater.
additional unit entitlement, in relation to a pensioner to whom this section applies, means the number of units, if any, by which his adjusted unit entitlement exceeds his actual unit entitlement.
-adjusted unit entitlement, in relation to a pensioner to whom this section applies, means such number of units set out in column five of the First Schedule to this Act as is applicable to the pensioner having regard to the description set out in column one, two or three of that Schedule that applied to the pensioner at the date of his retirement.
+the prescribed rate:
(a) in relation to a pensioner to whom this section applies and to whom pension is payable under section forty-five or subsection (1) of section fifty-two of the Defence Forces Retirement Benefits Act 1948-1958—means the rate of Thirty-two pounds ten shillings per annum; and
(b) in relation to a pensioner to whom this section applies and to whom pension is payable under subparagraph (ii) of paragraph (c) of subsection (2) of section fifty-two of that Act—means the rate of Sixteen pounds five shillings per annum;
diff --git a/xml/defence-forces-retirement-benefits-(pension-increases)-act-1967.xml b/xml/defence-forces-retirement-benefits-(pension-increases)-act-1967.xml index ad40538c0c5616827b024e5c28ebb50291377ee3..ed005ab1040b56079a023f75ead0d8ee4666504d 100644 --- a/xml/defence-forces-retirement-benefits-(pension-increases)-act-1967.xml +++ b/xml/defence-forces-retirement-benefits-(pension-increases)-act-1967.xml @@ -25,7 +25,7 @@if the annual pay of the member is less than the prescribed amount—the number ascertained in accordance with the formula , where A is the number of dollars in his annual pay or, if the number of dollars in his annual pay is not a multiple of 130, the next lower number that is such a multiple; and
+
in any other case—the number ascertained in accordance with the formula , where:
+
B is the number of dollars in the prescribed amount; and
@@ -1879,7 +1880,7 @@non-Permanent Forces officer means an officer who is not a member of the Permanent Forces.
-Permanent Forces officer means an officer who is a member of the Permanent Forces.
+if a base amount applies and the scheme value is more than the family law value—the amount calculated using the formula:
+
(14) In this section, the prescribed amount, in relation to a person in relation to any time, is an amount ascertained in accordance with the formula , where:
+
a is amount of the annual premium, or the sum of the amounts of the annual premiums, applicable at that time under the life policy or life policies assigned by him to the Board in accordance with subsection (3) or issued in relation to him in accordance with subsection (4);
@@ -6089,7 +6090,7 @@(3) Subject to subsection (3A), the prescribed percentage for a prescribed half-year is:
+
where:
@@ -6493,7 +6494,7 @@(1) Subject to subsection (2), the LCI percentage for a prescribed half-year is:
+
where:
@@ -6589,7 +6590,7 @@For the purposes of step 7 of the method statement in subsection 84H(2), if this section applies then the 55-plus percentage, for the prescribed half-year, is:
+
In this section:
the prescribed period means:
+(a) in relation to a person who is a member of the Royal Australian Army Ordnance Corps on the proclaimed date—the period of nine months commencing on that date; and
(b) in any other case—the period of three months commencing on that date.
-the proclaimed date means the date of commencement of this Act.
+In this section:
reduced benefit contributor means a person to whom this section applies:
+(a) who has made an election under section forty-four of the Defence Forces Retirement Benefits Act 1959; or
(b) who, immediately before the fourteenth day of December, One thousand nine hundred and fifty-nine, was a member to whom section seventy-seven or seventy-eight of the Defence Forces Retirement Benefits Act 1948-1958 applied, being a member contributing for a number of units of pension less than the number for which he would have been contributing if that section had not applied to him.
-the maximum additional pension contribution, in relation to a person to whom this section applies, means such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the minimum pension rate applicable to him.
+the maximum pension rate in relation to a person to whom this section applies, means:
(a) if the person is not a reduced benefit contributor—such rate set out in the First Schedule to this Act as is applicable to him having regard to his category and the number of years of service for pension completed by him on retirement; or
(b) if the person is a reduced benefit contributor—such rate as is determined by the Board on the advice of the Commonwealth Actuary as being the maximum rate of pension applicable to him for the purposes of this section.
-the minimum pension rate, in relation to a person to whom this section applies, means such rate as is determined by the Board on the advice of the Commonwealth Actuary as being the minimum rate of pension applicable to him for the purposes of this section.
-the prescribed day, in relation to a person to whom this section applies, means the day occurring one month after service by the Board on the person of the statement referred to in subsection (6) of this section.
+In this section:
person contributing on retirement for additional benefits means a person to whom this section applies who had, before his retirement, become liable to make to the Fund:
+(a) additional contributions as defined by subsection (5) of section fifty-one of the Defence Forces Retirement Benefits Act 1959; or
(b) contributions to which subsection (4) of that section applies;
and had not,before his retirement, ceased to be liable to make those contributions.
-person not contributing on retirement for additional benefits means a person to whom this section applies other than a person contributing on retirement for additional benefits.
+the maximum additional pension contribution means:
(a) in relation to a person not contributing on retirement for additional benefits, such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the amount of the additional contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the minimum pension rate applicable to him; and
(b) in relation to a person contributing on retirement for additional benefits, the sum of:
(i) the normal additional pension contribution applicable to him; and
(ii) such amount as is determined by the Board on the advice of the Commonwealth Actuary as being the amount of additional contribution that the person should pay to the Fund in respect of the difference between the maximum pension rate applicable to him and the normal pension rate applicable to him.
-the maximum pension rate, in relation to a person to whom this section applies, means the rate at which pension would have been payable to him under section forty-one of the Defence Forces Retirement Benefits Act 1948-1959 if he had completed the engagement under which he was serving immediately before his retirement and had retired on the completion of that engagement.
-the minimum pension rate means:
+(a) in relation to a person not contributing on retirement for additional benefits, the rate at which pension would have been payable to him under the Defence Forces Retirement Benefits Act 1948-1959 if this Act had not been enacted; and
(b) n relation to a person contributing on retirement for additional benefits, a rate equal to the normal pension rate applicable to him reduced to such extent as is determined by the Board on the advice of the Commonwealth Actuary.
-the normal additional pension contribution, in relation to a person contributing on retirement for additional benefits, means such amount as is determined by the Board on the advice of the Commonwealth Actuary.
-the normal pension rate, in relation to a person contributing on retirement for additional benefits, means the rate at which pension would have been payable to him under the Defence Forces Retirement Benefits Act 1948-1959 if this Act, and section fifty-eight of the Defence Forces Retirement Benefits Act 1959, had not been enacted.
-the prescribed day, in relation to a person to whom this section applies, means the day occurring one month after service by the Board on the person of the statement referred to in subsection (6) of this section.
+If subsidy is payable to a subsidised borrower in relation to a subsidised loan during an entitlement period, the amount of subsidy (the subsidised borrower’s monthly subsidy) for each month during the period is worked out in accordance with the following formula:
+
(1) Average monthly interest is the amount worked out in accordance with the following formula:
+
(2) The monthly repayment, for the formula in subsection (1), is the amount worked out in accordance with the formula:
+
In this Act:
average house price, in relation to a financial year, means the average house price determined under this section.
+If a subsidy lump sum is payable to a subsidised borrower in relation to a subsidised loan, the amount of the subsidy lump sum is worked out in accordance with the following formula:
+
In this section:
general interest charge rate means the general interest charge rate worked out under section 8AAD of the Taxation Administration Act 1953.
+In this Act:
declared loan provider means a loan provider declared under this section.
+In this section:
personal information has the same meaning as in the Privacy Act 1988.
+In this section:
senior employee, of the authorised Commonwealth contractor, means:
+In this Part:
-commencement time means the time this item commences.
-new infringement scheme means Part IA of the Defence Force Discipline Act 1982 as inserted by this Schedule.
-old infringement scheme means Part IXA of the Defence Force Discipline Act 1982.
+In this Part:
-commencement time means the time this item commences.
-new law means the Defence Force Discipline Act 1982 as amended by this Schedule.
+In this Part:
-commencement time means the time this item commences.
+In this Part:
-commencement means the day this item commences.
-new law means the Defence Home Ownership Assistance Scheme Act 2008, as amended by Part 1 of this Schedule.
-old law means the Defence Home Ownership Assistance Scheme Act 2008, as in force immediately before the commencement of this item.
+In this Part:
-amended Act means the Defence Reserve Service (Protection) Act 2001, as amended by this Act.
-commencement day means the day this item commences.
-Deputy Director means the person appointed as the Deputy Director of the Office of Reserve Service Protection under regulation 6 of the regulations.
-Director means the person appointed as the Director of the Office of Reserve Service Protection under regulation 5 of the regulations.
-Office means the Office of Reserve Service Protection, established under subregulation 4(1) of the regulations.
-regulations means the Defence Reserve Service (Protection) Regulations 2001, as in force immediately before the commencement day.
-the Act means the Defence Reserve Service (Protection) Act 2001, as in force immediately before the commencement day.
+In this section:
workers’ compensation law means a law that provides for compensation or other benefits for work-related trauma suffered by employees without requiring proof of any breach by employers or by their associates.
+In this section:
preservation period means the combined consecutive periods of the member’s absence on defence service (disregarding paragraph 24A(c)) and the member’s protected period.
+In this section:
prescribed period means the period of 6 months starting on the day on which this section commences.
+In this section:
prescribed contract means a contract other than a contract referred to in section 6B or an insurance contract within the meaning of section 38B.
-prescribed debt means any debt, liability or obligation other than a debt, liability or obligation referred to in section 6B or an insurance debt within the meaning of section 38B.
-prescribed proceedings means proceedings other than proceedings referred to in section 6B or insurance proceedings within the meaning of section 38B.
-prescribed right means any right, property or assets other than a right, title or interest referred to in section 6B or an insurance right within the meaning of section 38B.
+In this section:
interest or right, in relation to an applicant, means the applicant’s interest or proposed interest concerned in respect of a holding, or the applicant’s right or proposed right of residence concerned in respect of a retirement village (as the case requires).
+In this section:
advance means a subsidised advance other than a widow or widower advance, an advance for essential repairs or a home support advance.
+In this section:
previous advance, in relation to a further advance in respect of a person, means an advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or a contract of sale, in respect of which the person is or was a purchaser, preceding the further advance in question.
+The Step 1 calculations are:
+
Under Step 2, the $310 is divided by the total limit of $4,000, giving a result of 0.0775.
@@ -5034,7 +5051,7 @@In this section:
previous advance, in relation to a further advance in respect of a person, means an advance (whether a Corporation advance, initial advance, additional advance or further advance) in respect of which the person is or was a borrower, or a contract of sale, in respect of which the person is or was a purchaser, preceding the further advance in question.
+In this section:
Corporation insurance means an insurance undertaken by the Corporation, or that the Corporation is to be taken to have undertaken, under this Act as in force at any time before the commencing day.
-Insurance contract means:
+a contract or arrangement of the kind referred to in section 38A of this Act as then in force.
Insurance debts means any debts, liabilities or obligations arising out of, or relating to, any Corporation insurance.
-Insurance proceedings means any proceedings relating to any Corporation insurance.
-Insurance rights means any rights, property or assets arising out of, or relating to, any Corporation insurance or insurance contract.
+In this section:
insurance assets means rights, property and assets vested in the Commonwealth under section 38B or acquired by the Commonwealth as a result of the exercise of its powers under this Part.
+In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
+In this section:
personal information has the same meaning as in the Privacy Act 1988.
+TABLE OF CONTENTS
Date of Agreement
diff --git a/xml/defence-service-homes-amendment-(insurance)-act-2025.xml b/xml/defence-service-homes-amendment-(insurance)-act-2025.xml index b962a2c9cd27519b7ab8535e57d1fba58f59f12e..0c9ddb803528100ce55e12d873cb37fc886c2410 100644 --- a/xml/defence-service-homes-amendment-(insurance)-act-2025.xml +++ b/xml/defence-service-homes-amendment-(insurance)-act-2025.xml @@ -25,7 +25,7 @@In this section:
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
-constitutional trade or commerce means trade or commerce:
+In this section:
place includes:
+In this section:
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
-constitutional trade or commerce means trade or commerce:
+In this section:
place includes:
+In this section:
place includes:
+In this section:
place includes:
+In this section:
place includes:
+In this section:
place includes:
+In this section:
Australia Group means the group of countries that form the Australia Group, whose first meeting occurred in Brussels in June 1985.
-Missile Technology Control Regime means the group of countries that form the Missile Technology Control Regime, whose first meeting occurred in Rome in September 1988.
-Nuclear Suppliers Group means the group of countries that form the Nuclear Suppliers Group, whose first meeting occurred in London in November 1975.
-place includes:
+a fixed or floating structure or installation of any kind.
Wassenaar Arrangement means the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, adopted in Vienna, Austria, on 11 and 12 July 1996, as amended from time to time.
+In this section:
place includes:
+In this section:
damage, in relation to data, includes damage by erasure of data or addition of other data.
+In this section:
place includes:
+In this section:
Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
+foreign government entity means:
an authority of the government of part of a foreign country.
State or Territory entity means:
+In this section:
Research Minister means the Minister administering the Science and Industry Research Act 1949.
+In this section:
complying health insurance policy has the same meaning as in the Private Health Insurance Act 2007.
-cover, in relation to a complying health insurance policy, has the same meaning as in the Private Health Insurance Act 2007.
+hospital-substitute treatment has the same meaning as in the Private Health Insurance Act 2007.
-hospital treatment has the same meaning as in the Private Health Insurance Act 2007.
+In this section:
approved care organisation has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
-FTB child, in relation to family tax benefit, has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
-FTB lump sum payment means a payment of family tax benefit under section 24 of the A New Tax System (Family Assistance) (Administration) Act 1999 that has a Part A rate that is greater than nil.
-FTB recipient, in relation to a person (the child), means:
+(b) an approved care organisation of which the child is a client (within the meaning of the A New Tax System (Family Assistance) Act 1999).
income year has the same meaning as in subsection 3(1) of the A New Tax System (Family Assistance) Act 1999.
-Part A rate means the Part A rate calculated under the A New Tax System (Family Assistance) Act 1999.
+partner has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
-receive:
+In this section:
relevant professional body means a body declared by the Minister under subsection (4) to be a relevant professional body.
+In this section:
professional body means a body responsible for the licensing, registration, accreditation or standards of professional conduct of dental providers generally or a class of dental providers.
+In this section:
family tax benefit has the same meaning as in the A New Tax System (Family Assistance) Act 1999.
+In this section:
approved form means the form approved for the purposes of subsection 12(2).
+In this section:
repayment arrangement, in relation to a principal sum, means an arrangement entered into by the Chief Executive Medicare and a person, or the person’s estate, for the repayment of the principal sum.
+In this section:
applied industrially has the meaning given by regulations under section 77 of the Copyright Act 1968.
+In this section:
amend, in relation to a representation of a design disclosed in a design application, includes the substitution of one representation for another representation.
+In this section:
repair, in relation to a complex product, includes the following:
+carrying out maintenance on the complex product.
use, in relation to a product, means:
+In this section:
primary infringement means infringement of a kind mentioned in paragraph 71(1)(a).
-secondary infringement means infringement of a kind mentioned in paragraph 71(1)(b), (c), (d) or (e).
+In this section:
original registered owner, in relation to a design, means each person entered in the Register as the registered owner at the time the design was first registered.
+In this section:
signed means signed by or on behalf of the Registrar.
+In this section:
engage in conduct means:
+In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
+In this section:
relevant act means an action (other than a prescribed action) in relation to:
+Authentication Level 2 service has the meaning given by the Accreditation Rules.
-biometric binding has the meaning given by the Accreditation Rules.
-business authorisation, in relation to an attribute of an individual, means an authorisation for the individual to act on behalf of an entity that is registered in the Australian Business Register (within the meaning of the A New Tax System (Australian Business Number) Act 1999.
-change of name certificate means a certificate issued by or on behalf of a State or Territory indicating that an individual has changed the individual’s name.
-citizenship certificate means a notice given under section 37 of the Australian Citizenship Act 2007 stating that a person is an Australian citizen at a particular time.
-commencement means the commencement of this Schedule.
+driver’s licence means a driver’s licence (however described) issued by or on behalf of a State or Territory.
-entry permit has the same meaning as in the Migration Act 1958 as in force immediately before 1 September 1994.
-ImmiCard means a document issued to an individual, as a person who is not an Australian citizen, by the Department administered by the Minister administering the Migration Act 1958 to assist the individual to prove the individual’s identity.
-IP1 means the identity proofing level of that name as set out in the Accreditation Rules.
-IP2 means the identity proofing level of that name as set out in the Accreditation Rules.
-IP3 means the identity proofing level of that name as set out in the Accreditation Rules.
-marriage certificate means a certificate of marriage issued by or on behalf of an authority of a State or Territory whose function it is to register marriages.
-medicare card has the same meaning as in Part VII of the National Health Act 1953.
-medicare number has the same meaning as in Part VII of the National Health Act 1953.
-myGov means the online portal of that name used to access government services.
-passport means an Australian travel document (within the meaning of the Australian Passports Act 2005).
-source biometric matching has the meaning given by the Accreditation Rules.
+transitional rules means rules made under item 10.
-visa has the same meaning as in the Migration Act 1958.
+In this section:
organisation has the same meaning as in the Privacy Act 1988.
-prescribed modifications means modifications prescribed by the Digital ID Rules for the purposes of this definition.
-small business operator has the same meaning as in the Privacy Act 1988.
+In this section:
agency has the same meaning as in the Privacy Act 1988.
-organisation has the same meaning as in the Privacy Act 1988.
+In this section:
authenticated session has the meaning given by the Accreditation Rules.
+In this section:
prescribed law means a law of the Commonwealth prescribed by the Digital ID Rules for the purposes of this definition.
+ancillary contravention of a civil penalty provision means a contravention that arises out of the operation of section 92 of the Regulatory Powers Act.
-Australian aircraft has the same meaning as in the Criminal Code.
-Australian ship has the same meaning as in the Criminal Code.
-electronic communication has the same meaning as in the Criminal Code.
-foreign country has the same meaning as in the Criminal Code.
-point includes a mobile or potentially mobile point, whether on land, underground, in the atmosphere, underwater, at sea or anywhere else.
+primary contravention of a civil penalty provision means a contravention that does not arise out of the operation of section 92 of the Regulatory Powers Act.
In this section:
mission includes an international organisation that has been declared by the regulations for the purposes of section 5A.
+without limiting the generality of paragraph (a), a duty, charge or levy.
relevant matter means a matter connected with, or arising out of:
+In this section:
State or Territory authority means the agency of a State or Territory Government that is responsible for commencing and carrying on prosecutions on indictment for breaches of State or Territory law.
+In this section:
Australia includes the external Territories.
-limited application provisions means the provisions of Divisions 1, 2, 2A and 3 of Part 2 other than sections 20, 29 and 30.
+In this section:
combat duties means such duties as are declared by the regulations to be combat duties for the purposes of this section.
+combat-related duties means such duties as are declared by the regulations to be combat-related duties for the purposes of this section.
-medical support person means:
+a person exclusively engaged in the administration of medical units and establishments.
peacekeeping service has the same meaning as in the Military Rehabilitation and Compensation Act 2004.
+In this section:
AFP means the Australian Federal Police.
-Peacekeeping Force means a force raised or organised for the purpose of peacekeeping in an area outside Australia.
+In this section:
court includes any tribunal, authority or person having power to require the production of documents or the answering of questions.
-produce includes permit access to.
+In this Schedule:
-commencement day means the day the new Act commences.
+new Act means the Disability Services and Inclusion Act 2023.
In this section:
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.
+Note: See section 4.
For the purposes of this Act, consent means:
+For the purposes of this Act,
In this item:
Act means the Higher Education Support Act 2003.
-commencement day means 1 January 2021.
+The dollar amount under that paragraph is on 1 January of the current year replaced by the amount worked out using the formula:
-act-2012-fig-1.png)
+
Indexation factor
@@ -543,7 +543,7 @@(2A) The indexation factor for a 1 January is the number worked out using the formula:
-act-2012-fig-2.png)
+
where:
@@ -601,7 +601,7 @@(2) A registered provider’s risk component for a risk factor for a year is worked out in accordance with the following formula:
-act-2012-fig-3.png)
+
(1) A registered provider’s special tuition protection component for a year is worked out in accordance with the following formula:
-act-2012-fig-4.png)
+
(5) The indexation factor that applies to the current year is worked out using the following formula:
+
where:
diff --git a/xml/education-services-for-overseas-students-amendment-(cost-recovery-and-other-measures)-act-2021.xml b/xml/education-services-for-overseas-students-amendment-(cost-recovery-and-other-measures)-act-2021.xml index e53b3a61c62ac4b606735ab4e8211b4b7ac0738e..79412de5b7dc67a8fe15eb83edbb08921848f5eb 100644 --- a/xml/education-services-for-overseas-students-amendment-(cost-recovery-and-other-measures)-act-2021.xml +++ b/xml/education-services-for-overseas-students-amendment-(cost-recovery-and-other-measures)-act-2021.xml @@ -25,7 +25,7 @@In this Schedule:
-commencement means the commencement of item 2 of this Schedule.
-ESOS Act means the Education Services for Overseas Students Act 2000.
+In this Part:
-asset means:
+but does not include a right, power, privilege or immunity conferred by an Act or by regulations or other subordinate legislation made under an Act.
-ESOS Act means the Education Services for Overseas Students Act 2000.
-liability means any liability, duty or obligation, whether actual, contingent or prospective, but does not include a liability, duty or obligation imposed by an Act or by regulations or other subordinate legislation made under an Act.
-old Fund means the ESOS Assurance Fund established under section 45 of the ESOS Act (as in force immediately before this item commences).
+In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
-just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
+In this Part:
-ESOS Act means the Education Services for Overseas Students Act 2000.
+migration law means:
+citizenship law means:
+In this Schedule:
-ACMA means the Australian Communications and Media Authority.
-Commissioner means the Children’s e-Safety Commissioner.
-transition time means the commencement of this Schedule.
+In this section:
top hat area means the area described in Article 4.3 of the Torres Strait Treaty.
+Australia-Indonesia Delimitation Treaty means the Treaty between the Government of Australia and the Government of the Republic of Indonesia establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries done at Perth on 14 March 1997.
-overlap area means the overlapping area described in Article 7 of the Australia-Indonesia Delimitation Treaty.
+In this section:
State includes the Northern Territory.
+In this section:
regulated occurrence means any of the following:
+In this section:
act includes omission.
+In this section:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
+In this section:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
+In this section:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
+In this Act:
Australian aircraft means:
+an aircraft that is registered in Australia.
Australian jurisdiction means the land, waters, seabed and airspace in, under or above:
+Australian national means:
+a corporation incorporated in Australia or an external Territory.
Australian permanent resident means a person who:
+is domiciled in Australia or an external Territory.
Australian vessel means:
+a vessel that is flying the Australian flag.
Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.
+national of a foreign country means:
In this section:
fishing has the same meaning as in the Fisheries Management Act 1991.
+In this section:
cultural heritage has the meaning given by the World Heritage Convention.
-natural heritage has the meaning given by the World Heritage Convention.
+In this Act:
ecological character has the same meaning as in the Ramsar Convention.
+In this Act:
nuclear action means any of the following:
+any other action prescribed by the regulations.
nuclear installation means any of the following:
+radioactive waste means radioactive material for which no further use is foreseen.
-reprocessing means a process or operation to extract radioactive isotopes from spent nuclear fuel for further use.
-spent nuclear fuel means nuclear fuel that has been irradiated in a nuclear reactor core and permanently removed from the core.
+In this section:
regulatory provision means:
+In this section:
regulatory provision means:
+In this section:
applicable opposition period, for a House of the Parliament, means the period of 15 sitting days of the House after the relevant documents are tabled in the House under subsection (1).
+RFA or regional forest agreement has the same meaning as in the Regional Forest Agreements Act 2002.
-RFA forestry operation has the same meaning as in the Regional Forest Agreements Act 2002.
-sunset day means the day after the end of the period of 12 months beginning on 1 July 2026.
+In this Act:
environmental authorisation means an authorisation under a law of the Commonwealth, a State or a self-governing Territory that has either or both of the following objects (whether express or implied):
+to promote the conservation and ecologically sustainable use of natural resources.
specific environmental authorisation means an environmental authorisation that:
+In this section:
catchment area of the Great Barrier Reef Marine Park means the area falling within the boundary described in the dataset that:
+forestry operations means any of the following done for commercial purposes:
+In this section:
applicable opposition period, for a House of the Parliament, means the period of 15 sitting days of the House after the relevant documents are tabled in the House under subsection (1).
+In this section:
amend includes repeal and remake.
+In this section:
amend includes repeal and remake.
+In this section:
period for comment means the period within which comments may be given under 95(2)(c) or 95A(3)(d), as the case requires.
+In this section:
assessment documentation, in relation to a controlled action, means:
+In this section:
approval process decision means any of the following decisions:
+any other decision made under a provision of this Chapter that is specified in the regulations.
listing event means any of the following events:
+In this section:
assessment documentation, in relation to an action to which Division 4, 5 or 6 of Part 8 applies, means:
+In this Act:
components of biodiversity includes species, habitats, ecological communities, genes, ecosystems and ecological processes.
+In this section:
nomination means a nomination of an item for inclusion in a Subdivision A List.
+In this Act:
indigenous tradition means the body of traditions, observances, customs and beliefs of indigenous persons generally or of a particular group of indigenous persons.
+In this Act:
migratory species has the meaning given by Article I of the Bonn Convention.
+In this Act:
foreign whaling vessel means a vessel, other than an Australian vessel, designed, equipped or used for:
+supporting the operations of a vessel or vessels designed, equipped or used for killing, taking, treating or carrying cetaceans.
master, in relation to a foreign whaling vessel, means the person (other than a ship’s pilot) in charge or command of the vessel.
+In this Act:
whale watching means any activity conducted for the purpose of observing a cetacean, including but not limited to being in the water for the purposes of observing or swimming with a cetacean, or otherwise interacting with a cetacean.
+In this section:
fishery has the same meaning as in section 303FN.
+In this section:
exhibition includes a zoo or menagerie.
+In this section:
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
-fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
+In this section:
wildlife trade operation has the same meaning as in subsection 303FN(10), but does not include an operation mentioned in paragraph 303FN(10)(d).
+In this section:
permit means a permit under this Part.
+In this section:
area in the vicinity of the Protected Zone means an area in respect of which a notice is in force under subsection (2).
-Australian place means a place in Australia that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
-Papua New Guinea place means a place in Papua New Guinea that is in the Protected Zone or in an area in the vicinity of the Protected Zone.
-prescribed specimen means a specimen of a kind specified in a notice in force under subsection (3).
-Protected Zone means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.
-Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea that was signed at Sydney on 18 December 1978.
-traditional activities has the same meaning as in the Torres Strait Treaty.
-traditional inhabitants has the same meaning as in the Torres Strait Fisheries Act 1984.
+In this section:
cultural heritage has the meaning given by the World Heritage Convention.
-natural heritage has the meaning given by the World Heritage Convention.
+In this Act:
land includes subsoil of land and any body of water (whether flowing or not) except the sea.
-seabed includes:
+In this section:
Minister for Foreign Affairs means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
+In this section:
UNCLOS means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.
+In this Act:
Commonwealth aircraft means an aircraft in the service of the Commonwealth on which the prescribed ensign or prescribed insignia of the aircraft is displayed.
-Commonwealth ship means a ship in the service of the Commonwealth on which the prescribed ensign of the ship is flying.
+In this section:
relevant material means:
+In this Act:
baggage includes any parcel or other goods that:
+has had with him or her on the ship or aircraft.
-goods includes baggage.
+In this section:
thing includes a vehicle, vessel, aircraft, platform, document, organism and specimen.
+In this Division:
official means any of the following:
+For the purposes of this Division, a landholder, in relation to an area of land, is a person who is an owner, lessee or occupier of the area of land.
+For the purposes of this Division, a
administer an arrangement includes give effect to.
-arrangement includes contract, agreement, deed or understanding.
-make, in relation to an arrangement, includes enter into.
+vary an arrangement means:
In this Act:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
+Court can decide amount of compensation
In this section:
CITES listed animal means an animal of a species included in Appendix I, II or III to CITES.
-CITES listed plant means a plant of a species included in Appendix I, II or III to CITES.
-export has the same meaning as in Part 13A.
-import has the same meaning as in Part 13A.
+In this Schedule, unless the contrary intention appears:
-approved officer means:
+who is approved under Division 4 for the purposes of the provision in which the expression occurs.
-Australian resident means:
+authorised Migration Act officer means an authorised officer, within the meaning of the Migration Act 1958.
-detainee means a person detained under Part 2.
-detention means detention under Part 2.
-detention officer means a person appointed under clause 3 to be a detention officer.
-foreign vessel means a vessel that is not an Australian vessel.
+conducting a screening procedure, in relation to a detainee, means:
+screening equipment means a metal detector or similar device for detecting objects or particular substances.
+Note: This clause corresponds closely to section 252AA of the Migration Act 1958.
In this Part, unless the contrary intention appears:
-identification test means a test carried out in order to obtain a personal identifier.
-incapable person means a person who is incapable of understanding the general nature and effect of, and purposes of, a requirement to provide a personal identifier.
-independent person means a person (other than an authorised officer, detention officer or approved officer) who:
+minor means a person who is less than 18 years old.
+non-citizen means a person who is not an Australian citizen.
-personal identifier has the meaning given by clause 26.
+Note: The definitions of expressions in this clause correspond closely to definitions of those expressions in section 5 of the Migration Act 1958.
personal identifier means any of the following (including any of the following in digital form):
+senior authorising officer means an authorised officer, or detention officer, whom the CEO has authorised, or who is included in a class of authorised officers or detention officers whom the CEO has authorised, to perform the functions of a senior authorising officer under this clause.
+Note: This clause corresponds closely to section 261AE of the Migration Act 1958.
senior authorising officer means an authorised officer, or detention officer, who has been authorised, or is included in a class of authorised officers or detention officers who have been authorised, by the CEO to perform the functions of a senior authorising officer under this clause.
+Note: This clause corresponds closely to section 261AK of the Migration Act 1958.
In this Subdivision, unless the contrary intention appears:
-permitted provision, of a video recording, has the meaning given by subclause 42(2).
-provide, in relation to a video recording, includes provide access to the recording.
-related document means a document that contains information, derived from a video recording made under clause 37 or from a copy of such a recording, from which the identity of the individual on whom the identification test in question was carried out is apparent or can reasonably be ascertained.
-video recording means a video recording made under clause 37 or a copy of such a recording, and includes a related document.
+Note: This clause corresponds closely to section 261AKA of the Migration Act 1958.
In this Division:
-disclose, in relation to identifying information that is a personal identifier provided under clause 28, includes provide unauthorised access to the personal identifier.
+Note: Clause 52 deals with authorised access to identifying information.
-identifying information means the following:
+permitted disclosure has the meaning given by subclauses 53(2) and (3).
-unauthorised impairment has the meaning given by clause 57.
-unauthorised modification has the meaning given by clause 57.
+Note: The definitions of expressions in this clause correspond closely to definitions of those expressions in section 336A of the Migration Act 1958.
agency has the same meaning as in the Privacy Act 1988.
-immigration detention has the same meaning as in the Migration Act 1958.
-organisation has the same meaning as in the Privacy Act 1988.
-personal information has the same meaning as in the Privacy Act 1988.
-removal has the same meaning as in the Migration Act 1958.
+In this Part:
-approval process decision means any decision under Part 7, 8 or 9 of the old law relating to an action.
-environmental authorisation means an authorisation under a law of the Commonwealth, a State or a self-governing Territory that has either or both of the following objects (whether express or implied):
+to promote the conservation and ecologically sustainable use of natural resources.
new law means the Environment Protection and Biodiversity Conservation Act 1999, as in force on the day this item commences.
-old law means the Environment Protection and Biodiversity Conservation Act 1999, as in force immediately before the day this item commences.
-specific environmental authorisation means an environmental authorisation that:
+was issued or granted following a consideration of the particular action by reference to acts and matters uniquely associated with that action.
transitional period means the period of 60 business days (measured in Canberra), beginning on the day this item commences.
+principal Act means the Environment Protection and Biodiversity Conservation Act 1999.
+applies, in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009.
-covers, in relation to an enterprise agreement, has the same meaning as in the Fair Work Act 2009.
-DCCEEW Enterprise Agreement means the Department of Climate Change, Energy, the Environment and Water Enterprise Agreement 2024-2027 approved by the Fair Work Commission, as in operation immediately before the transition time.
-designated person means:
+environmental law means:
+transition time means the commencement of this item.
+Torres Strait Fisheries Act 1984
-act-1995-fig-1.png){kind=spacer}
+
Evidence (Transitional Provisions and Consequential Amendments) Act 1995
diff --git a/xml/evidence-act-1995.xml b/xml/evidence-act-1995.xml index 18b87365595a91221e5ef0039e80ffc3a508bbee..1f9096de1c6273de22330dc3184678f0affc6871 100644 --- a/xml/evidence-act-1995.xml +++ b/xml/evidence-act-1995.xml @@ -25,7 +25,7 @@The following diagram shows how this Chapter applies to particular evidence:
+
In this section:
third party means a party to the proceeding concerned, other than the party who:
+In this section:
inference includes:
+Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that:
+In this section:
visual identification evidence means identification evidence relating to an identification based wholly or partly on what a person saw but does not include picture identification evidence.
+In this section:
picture identification evidence means identification evidence relating to an identification made wholly or partly by the person who made the identification examining pictures kept for the use of police officers.
+In this section:
power means a power conferred by or under an Australian law.
+In this section:
religious confession means a confession made by a person to a member of the clergy in the member’s professional capacity according to the ritual of the church or religious denomination concerned.
+In this section:
disclosure order means an order made by a federal court in a civil proceeding requiring a person to disclose information, as part of, or in connection with a freezing or search order, but does not include an order made by a court under the Proceeds of Crime Act 2002.
-relevant person means a person to whom a disclosure order is directed.
+In this section:
power means a power conferred by or under an Australian law.
+In this section:
office holder means:
+In this section:
working day means a day that is not:
+In this section:
business day means a day that is not:
+a public holiday or bank holiday in the place in which the letter was prepared.
letter means any form of written communication that is directed to a particular person or address, and includes:
+In this section:
authorised person means:
+In this section:
acquittal includes the dismissal of the charge in question by an applicable court.
-applicable court means an Australian court or a foreign court.
+In this section:
proceedings includes proceedings that:
+In this section:
agreed fact means a fact that the parties to a proceeding have agreed is not, for the purposes of the proceeding, to be disputed.
+I solemnly and sincerely declare and affirm that the evidence I shall give will be the truth, the whole truth and nothing but the truth.
Affirmations by interpreters
I solemnly and sincerely declare and affirm that I will well and truly interpret the evidence that will be given and do all other matters and things that are required of me in this case to the best of my ability.
-Dictionary
-Section 3
admission means a previous representation that is:
+Section 3
made by a person who is or becomes a party to a proceeding (including a defendant in a criminal proceeding); and
-adverse to the person’s interest in the outcome of the proceeding.
+made by a person who is or becomes a party to a proceeding (including a defendant in a criminal proceeding); and
+adverse to the person’s interest in the outcome of the proceeding.
+asserted fact is defined in section 59.
-associated defendant, in relation to a defendant in a criminal proceeding, means a person against whom a prosecution has been instituted, but not yet completed or terminated, for:
-an offence that arose in relation to the same events as those in relation to which the offence for which the defendant is being prosecuted arose; or
-an offence that relates to or is connected with the offence for which the defendant is being prosecuted.
+an offence that arose in relation to the same events as those in relation to which the offence for which the defendant is being prosecuted arose; or
+an offence that relates to or is connected with the offence for which the defendant is being prosecuted.
+Australia includes the external Territories.
+Australian court means:
the High Court; or
-a court exercising federal jurisdiction; or
-a court of a State or Territory; or
-a judge, justice or arbitrator under an Australian law; or
-a person or body authorised by an Australian law, or by consent of parties, to hear, receive and examine evidence; or
-a person or body that, in exercising a function under an Australian law, is required to apply the laws of evidence.
-the High Court; or
+a court exercising federal jurisdiction; or
+a court of a State or Territory; or
+a judge, justice or arbitrator under an Australian law; or
+a person or body authorised by an Australian law, or by consent of parties, to hear, receive and examine evidence; or
+a person or body that, in exercising a function under an Australian law, is required to apply the laws of evidence.
+Australian law means a law of the Commonwealth, a State or a Territory.
-Australian lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory under a law of a State or Territory specified in the regulations.
-Australian legal practitioner means an Australian lawyer who holds a practising certificate under a law of a State or Territory specified in the regulations.
-Australian or overseas proceeding means a proceeding (however described) in an Australian court or a foreign court.
-Australian Parliament means the Parliament, a Parliament of a State or a Legislative Assembly of a Territory.
-Australian practising certificate means a practising certificate granted under a law of a State or Territory specified in the regulations.
-Australian-registered foreign lawyer means a person who is registered as a foreign lawyer under a law of a State or Territory specified in the regulations.
-Australian Statistician means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975, and includes any person to whom the powers of the Australian Statistician under section 12 of the Census and Statistics Act 1905 have been delegated.
+Note: See clause 9 of Part 2 of the Dictionary for the meaning of law.
+business is defined in clause 1 of Part 2 of this Dictionary.
-case of a party means the facts in issue in respect of which the party bears the legal burden of proof.
-child means a child of any age and includes the meaning given in subclause 10(1) of Part 2 of this Dictionary.
+civil penalty is defined in clause 3 of Part 2 of this Dictionary.
-civil proceeding means a proceeding other than a criminal proceeding.
+client is defined in section 117.
-coincidence evidence means evidence of a kind referred to in subsection 98(1) that a party seeks to have adduced for the purpose referred to in that subsection.
-coincidence rule means subsection 98(1).
+Commonwealth agency means:
Note: See clause 9 of Part 2 of the Dictionary for the meaning of law.
+(a) an Agency within the meaning of the Public Service Act 1999; or
(a) an Agency within the meaning of the Public Service Act 1999; or
-a House of the Parliament; or
+a person or body holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
+a body or organisation, whether incorporated or unincorporated, established for a public purpose:
+by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
+by the Governor-General; or
+by a Minister.
+a document in the nature of a form, application, claim or return, or any document of a similar kind, that has, in accordance with a Commonwealth law, or in connection with the provision of money or any other benefit or advantage by the Commonwealth, been filed or lodged with a Commonwealth entity or given or sent (including sent by a form of electronic transmission) to a Commonwealth entity; and
+any of the following documents:
+(i) a report of the passengers or crew on a ship or aircraft that has been communicated to the Department administered by the Minister administering Part XII of the Customs Act 1901 under section 64ACA or 64ACB of the Customs Act 1901;
+(ia) a report relating to the passengers or crew on an aircraft or ship that has been communicated to the Department administered by the Minister who administers the Migration Act 1958 under Division 12B of Part 2 of that Act;
+a ship’s inward cargo adjustment report delivered to an officer under subregulation 46(3) of the Customs Regulations;
+(iii) an entry made under the Customs Act 1901 or Excise Act 1901 in relation to goods;
+a form or statement given to a Collector under regulation 41 of the Customs Regulations;
+a passenger card given to an officer under subregulation 3.01(3) of the Migration Regulations;
+(vi) a report referred to in section 46 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 that has been given under that section to the Minister administering that Act;
+any other document prescribed by the regulations for the purposes of this paragraph.
+(a) an Agency within the meaning of the Public Service Act 1999; or
+the Parliament, a House of the Parliament, a committee of a House of the Parliament or a committee of the Parliament; or
+a person or body other than a Legislative Assembly holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
+a body or organisation other than a Legislative Assembly, whether incorporated or unincorporated, established for a public purpose:
+by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
+by the Governor-General; or
+by a Minister; or
+any other body or organisation that is a Commonwealth owned body corporate.
+a House of the Parliament; or
+a wholly-owned subsidiary of the Commonwealth; or
+a wholly-owned subsidiary of another body corporate that is, under this definition, a Commonwealth owned body corporate because of the application of paragraph (a) (including the application of that paragraph together with another application or other applications of this paragraph).
+a person or body holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
+(a) an Agency within the meaning of the Public Service Act 1999; or
+the Parliament, a House of the Parliament, a committee of a House of the Parliament or a committee of the Parliament; or
+a person or body other than a Legislative Assembly holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
+a body or organisation other than a Legislative Assembly, whether incorporated or unincorporated, established for a public purpose:
+by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
+by the Governor-General; or
+by a Minister; or
+any other body or organisation that is a Commonwealth owned body corporate;
+a body or organisation, whether incorporated or unincorporated, established for a public purpose:
+and kept or maintained by a person, body or organisation of a kind referred to in paragraph (a), (b), (c), (d) or (e), but does not include a record made by a person or body holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth if the record was not made in connection with holding the office concerned, or exercising the power concerned.
+confidential communication is defined in section 117.
+confidential document is defined in section 117.
+credibility of a person who has made a representation that has been admitted in evidence means the credibility of the representation, and includes the person’s ability to observe or remember facts and events about which the person made the representation.
+credibility evidence is defined in section 101A.
+a proceeding for the committal of a person for trial or sentence for an offence; and
+a proceeding relating to bail;
+by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
+but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of Part III of the Taxation Administration Act 1953.
+cross-examination is defined in subclause 2(2) of Part 2 of this Dictionary.
+de facto partner is defined in clause 11 of Part 2 of this Dictionary.
+anything on which there is writing; or
+anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
+anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
+a map, plan, drawing or photograph.
+by the Governor-General; or
+Note: See also clause 8 of Part 2 of this Dictionary on the meaning of document.
+examination in chief is defined in subclause 2(1) of Part 2 of this Dictionary.
+federal court means:
by a Minister.
-Commonwealth document means:
-a document in the nature of a form, application, claim or return, or any document of a similar kind, that has, in accordance with a Commonwealth law, or in connection with the provision of money or any other benefit or advantage by the Commonwealth, been filed or lodged with a Commonwealth entity or given or sent (including sent by a form of electronic transmission) to a Commonwealth entity; and
-any of the following documents:
-(i) a report of the passengers or crew on a ship or aircraft that has been communicated to the Department administered by the Minister administering Part XII of the Customs Act 1901 under section 64ACA or 64ACB of the Customs Act 1901;
-(ia) a report relating to the passengers or crew on an aircraft or ship that has been communicated to the Department administered by the Minister who administers the Migration Act 1958 under Division 12B of Part 2 of that Act;
-a ship’s inward cargo adjustment report delivered to an officer under subregulation 46(3) of the Customs Regulations;
-(iii) an entry made under the Customs Act 1901 or Excise Act 1901 in relation to goods;
-a form or statement given to a Collector under regulation 41 of the Customs Regulations;
-a passenger card given to an officer under subregulation 3.01(3) of the Migration Regulations;
-(vi) a report referred to in section 46 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 that has been given under that section to the Minister administering that Act;
-any other document prescribed by the regulations for the purposes of this paragraph.
-Commonwealth entity means:
-(a) an Agency within the meaning of the Public Service Act 1999; or
-the Parliament, a House of the Parliament, a committee of a House of the Parliament or a committee of the Parliament; or
-a person or body other than a Legislative Assembly holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
-a body or organisation other than a Legislative Assembly, whether incorporated or unincorporated, established for a public purpose:
-by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
-by the Governor-General; or
-by a Minister; or
-any other body or organisation that is a Commonwealth owned body corporate.
-Commonwealth owned body corporate means a body corporate that, were the Commonwealth a body corporate, would, for the purposes of the Corporations Act 2001, be:
-a wholly-owned subsidiary of the Commonwealth; or
-a wholly-owned subsidiary of another body corporate that is, under this definition, a Commonwealth owned body corporate because of the application of paragraph (a) (including the application of that paragraph together with another application or other applications of this paragraph).
-Commonwealth record means a record made by:
-(a) an Agency within the meaning of the Public Service Act 1999; or
-the Parliament, a House of the Parliament, a committee of a House of the Parliament or a committee of the Parliament; or
-a person or body other than a Legislative Assembly holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth; or
-a body or organisation other than a Legislative Assembly, whether incorporated or unincorporated, established for a public purpose:
-by or under a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island); or
-by the Governor-General; or
-by a Minister; or
-any other body or organisation that is a Commonwealth owned body corporate;
-and kept or maintained by a person, body or organisation of a kind referred to in paragraph (a), (b), (c), (d) or (e), but does not include a record made by a person or body holding office, or exercising power, under or because of the Constitution or a law of the Commonwealth if the record was not made in connection with holding the office concerned, or exercising the power concerned.
-confidential communication is defined in section 117.
-confidential document is defined in section 117.
-credibility of a person who has made a representation that has been admitted in evidence means the credibility of the representation, and includes the person’s ability to observe or remember facts and events about which the person made the representation.
-credibility of a witness means the credibility of any part or all of the evidence of the witness, and includes the witness’s ability to observe or remember facts and events about which the witness has given, is giving or is to give evidence.
-credibility evidence is defined in section 101A.
-credibility rule means section 102.
-criminal proceeding means a prosecution for an offence and includes:
-a proceeding for the committal of a person for trial or sentence for an offence; and
-a proceeding relating to bail;
-but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of Part III of the Taxation Administration Act 1953.
-cross-examination is defined in subclause 2(2) of Part 2 of this Dictionary.
-cross-examiner means a party who is cross-examining a witness.
-de facto partner is defined in clause 11 of Part 2 of this Dictionary.
-document means any record of information, and includes:
-anything on which there is writing; or
-anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
-anything from which sounds, images or writings can be reproduced with or without the aid of anything else; or
-a map, plan, drawing or photograph.
-Note: See also clause 8 of Part 2 of this Dictionary on the meaning of document.
+the High Court; or
electronic communication has the same meaning as it has in the Electronic Transactions Act 1999.
-examination in chief is defined in subclause 2(1) of Part 2 of this Dictionary.
-exercise of a function includes performance of a duty.
-fax, in relation to a document, means a copy of the document that has been reproduced by facsimile telegraphy.
-federal court means:
-the High Court; or
-any other court created by the Parliament (other than the Supreme Court of a Territory);
-and includes a person or body (other than a court or magistrate of a State or Territory) that, in performing a function or exercising a power under a law of the Commonwealth, is required to apply the laws of evidence.
-foreign court means any court (including any person or body authorised to take or receive evidence, whether on behalf of a court or otherwise and whether or not the person or body is empowered to require the answering of questions or the production of documents) of a foreign country or a part of such a country.
-function includes power, authority or duty.
-government or official gazette includes the Gazette.
-hearsay rule means subsection 59(1).
-identification evidence means evidence that is:
-an assertion by a person to the effect that a defendant was, or resembles (visually, aurally or otherwise) a person who was, present at or near a place where:
-the offence for which the defendant is being prosecuted was committed; or
-any other court created by the Parliament (other than the Supreme Court of a Territory);
+an act connected to that offence was done;
+an assertion by a person to the effect that a defendant was, or resembles (visually, aurally or otherwise) a person who was, present at or near a place where:
+the offence for which the defendant is being prosecuted was committed; or
+an act connected to that offence was done;
+at or about the time at which the offence was committed or the act was done, being an assertion that is based wholly or partly on what the person making the assertion saw, heard or otherwise perceived at that place and time; or
a report (whether oral or in writing) of such an assertion.
-investigating official means:
-a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior); or
-a person appointed by or under an Australian law (other than a person who is engaged in covert investigations under the orders of a superior) whose functions include functions in respect of the prevention or investigation of offences.
-joint sitting means:
-in relation to the Parliament—a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor-General under section 57 of the Constitution or convened under any Act; or
-in relation to a bicameral legislature of a State—a joint sitting of both Houses of the legislature convened under a law of the State.
-a report (whether oral or in writing) of such an assertion.
+a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior); or
+a person appointed by or under an Australian law (other than a person who is engaged in covert investigations under the orders of a superior) whose functions include functions in respect of the prevention or investigation of offences.
+in relation to the Parliament—a joint sitting of the members of the Senate and of the House of Representatives convened by the Governor-General under section 57 of the Constitution or convened under any Act; or
+in relation to a bicameral legislature of a State—a joint sitting of both Houses of the legislature convened under a law of the State.
+judge, in relation to a proceeding, means the judge, magistrate or other person before whom the proceeding is being held.
+law is defined in clause 9 of Part 2 of this Dictionary.
-leading question means a question asked of a witness that:
-directly or indirectly suggests a particular answer to the question; or
-assumes the existence of a fact the existence of which is in dispute in the proceeding and as to the existence of which the witness has not given evidence before the question is asked.
+directly or indirectly suggests a particular answer to the question; or
+assumes the existence of a fact the existence of which is in dispute in the proceeding and as to the existence of which the witness has not given evidence before the question is asked.
+legal counsel means an Australian lawyer employed in or by a government agency or other body who by law is exempted from holding an Australian practising certificate, or who does not require an Australian practising certificate, to engage in legal practice in the course of that employment.
-Legislative Assembly means any present or former Legislative Assembly of a Territory, and includes the Australian Capital Territory House of Assembly.
-offence means an offence against or arising under an Australian law.
-opinion rule means section 76.
-overseas-registered foreign lawyer means a natural person who is properly registered to engage in legal practice in a foreign country by an entity in the country having the function, conferred by the law of the country, of registering persons to engage in legal practice in the country.
-parent includes the meaning given in subclause 10(2) of Part 2 of this Dictionary.
+Note: Examples of legal counsel are in-house counsel and government solicitors.
+picture identification evidence is defined in section 115.
police officer means:
Note: Examples of legal counsel are in-house counsel and government solicitors.
+a member or special member of the Australian Federal Police; or
a member or special member of the Australian Federal Police; or
-a member of the police force of a State or Territory.
-a member of the police force of a State or Territory.
+postal article has the same meaning as in the Australian Postal Corporation Act 1989.
-previous representation means a representation made otherwise than in the course of giving evidence in the proceeding in which evidence of the representation is sought to be adduced.
-prior consistent statement of a witness means a previous representation that is consistent with evidence given by the witness.
-prior inconsistent statement of a witness means a previous representation that is inconsistent with evidence given by the witness.
-probative value of evidence means the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.
-prosecutor means a person who institutes or is responsible for the conduct of a prosecution.
-public document means a document that:
+forms part of the records of the Crown in any of its capacities; or
-forms part of the records of the government of a foreign country; or
-forms part of the records of a person or body holding office or exercising a function under or because of the Constitution, an Australian law or a law of a foreign country; or
-is being kept by or on behalf of the Crown, such a government or such a person or body;
-and includes the records of the proceedings of, and papers presented to:
-an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament; and
-forms part of the records of the Crown in any of its capacities; or
+forms part of the records of the government of a foreign country; or
+forms part of the records of a person or body holding office or exercising a function under or because of the Constitution, an Australian law or a law of a foreign country; or
+is being kept by or on behalf of the Crown, such a government or such a person or body;
+a legislature of a foreign country, including a House or committee (however described) of such a legislature.
+an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament; and
+a legislature of a foreign country, including a House or committee (however described) of such a legislature.
+re-examination is defined in subclauses 2(3) and (4) of Part 2 of this Dictionary.
-registered, in relation to legal practice in a foreign country, means having all necessary licences, approvals, admissions, certificates or other forms of authorisation (including practising certificates) required by or under legislation for engaging in legal practice in that country.
+representation includes:
an express or implied representation (whether oral or in writing); or
-a representation to be inferred from conduct; or
-a representation not intended by its maker to be communicated to or seen by another person; or
-a representation that for any reason is not communicated.
-an express or implied representation (whether oral or in writing); or
+a representation to be inferred from conduct; or
+a representation not intended by its maker to be communicated to or seen by another person; or
+a representation that for any reason is not communicated.
+seal includes a stamp.
-tendency evidence means evidence of a kind referred to in subsection 97(1) that a party seeks to have adduced for the purpose referred to in that subsection.
-tendency rule means subsection 97(1).
+traditional laws and customs of an Aboriginal or Torres Strait Islander group (including a kinship group) includes any of the traditions, customary laws, customs, observances, practices, knowledge and beliefs of the group.
visual identification evidence is defined in section 114.
-witness includes the meaning given in clause 7 of Part 2 of this Dictionary.
+(1) A reference in this Act to a business includes a reference to the following:
-(1) A reference in this Act to a business includes a reference to the following:
+a profession, calling, occupation, trade or undertaking;
an activity engaged in or carried on by the Crown in any of its capacities;
an activity engaged in or carried on by the government of a foreign country;
an activity engaged in or carried on by a person or body holding office or exercising power under or because of the Constitution, an Australian law or a law of a foreign country, being an activity engaged in or carried on in the performance of the functions of the office or in the exercise of the power (otherwise than in a private capacity);
the proceedings of an Australian Parliament, a House of an Australian Parliament, a committee of such a House or a committee of an Australian Parliament;
the proceedings of a legislature of a foreign country, including a House or committee (however described) of such a legislature.
A reference in this Act to a business also includes a reference to:
-A reference in this Act to a business also includes a reference to:
+a business that is not engaged in or carried on for profit; or
a business engaged in or carried on outside Australia.
(1) A reference in this Act to examination in chief of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, not being questioning that is re-examination.
-(2) A reference in this Act to cross-examination of a witness is a reference to the questioning of a witness by a party other than the party who called the witness to give evidence.
-(1) A reference in this Act to examination in chief of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, not being questioning that is re-examination.
+(2) A reference in this Act to cross-examination of a witness is a reference to the questioning of a witness by a party other than the party who called the witness to give evidence.
+(3) A reference in this Act to re-examination of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, being questioning (other than further examination in chief with the leave of the court) conducted after the cross-examination of the witness by another party.
+If a party has recalled a witness who has already given evidence, a reference in this Act to re-examination of a witness does not include a reference to the questioning of the witness by that party before the witness is questioned by another party.
+(3) A reference in this Act to re-examination of a witness is a reference to the questioning of a witness by the party who called the witness to give evidence, being questioning (other than further examination in chief with the leave of the court) conducted after the cross-examination of the witness by another party.
+For the purposes of this Act, a person is taken to be liable to a civil penalty if, in an Australian or overseas proceeding (other than a criminal proceeding), the person would be liable to a penalty arising under an Australian law or a law of a foreign country.
If a party has recalled a witness who has already given evidence, a reference in this Act to re-examination of a witness does not include a reference to the questioning of the witness by that party before the witness is questioned by another party.
-For the purposes of this Act, a person is taken to be liable to a civil penalty if, in an Australian or overseas proceeding (other than a criminal proceeding), the person would be liable to a penalty arising under an Australian law or a law of a foreign country.
-For the purposes of this Act, a person is taken not to be available to give evidence about a fact if:
-For the purposes of this Act, a person is taken not to be available to give evidence about a fact if:
+the person is dead; or
the person is, for any reason other than the application of section 16 (Competence and compellability: judges and jurors), not competent to give the evidence; or
the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or
it would be unlawful for the person to give the evidence; or
a provision of this Act prohibits the evidence being given; or
all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure his or her attendance, but without success; or
all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, but without success.
In all other cases the person is taken to be available to give evidence about the fact.
-For the purposes of this Act, a document or thing is taken not to be available to a party if and only if:
-it cannot be found after reasonable inquiry and search by the party; or
-it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by another person; or
-it would be impractical to produce the document or thing during the course of the proceeding; or
-production of the document or thing during the course of the proceeding could render a person liable to conviction for an offence; or
-it is not in the possession or under the control of the party and:
-it cannot be obtained by any judicial procedure of the court; or
-it is in the possession or under the control of another party to the proceeding concerned who knows or might reasonably be expected to know that evidence of the contents of the document, or evidence of the thing, is likely to be relevant in the proceeding; or
-it was in the possession or under the control of such a party at a time when that party knew or might reasonably be expected to have known that such evidence was likely to be relevant in the proceeding.
-For the purposes of this Act, a representation contained in a document is taken to have been made by a person if:
-the document was written, made or otherwise produced by the person;
-the representation was recognised by the person as his or her representation by signing, initialling or otherwise marking the document.
-A reference in this Act to a witness includes a reference to a party giving evidence.
-A reference in this Act to a witness who has been called by a party to give evidence includes a reference to the party giving evidence.
-A reference in this clause to a party includes a defendant in a criminal proceeding.
-A reference in this Act to a document includes a reference to:
-any part of the document; or
-any copy, reproduction or duplicate of the document or of any part of the document; or
-any part of such a copy, reproduction or duplicate.
-In this Act:
-a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee; and
-in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.
-A reference in this Act to a law of the Commonwealth, a State, a Territory or a foreign country is a reference to a law (whether written or unwritten) of or in force in that place.
-A reference in this Act to an Australian law is a reference to an Australian law (whether written or unwritten) of or in force in Australia.
-In all other cases the person is taken to be available to give evidence about the fact.
+A reference in this Act to a child of a person includes a reference to:
+For the purposes of this Act, a document or thing is taken not to be available to a party if and only if:
an adopted child or ex-nuptial child of the person; or
+it cannot be found after reasonable inquiry and search by the party; or
a child living with the person as if the child were a member of the person’s family.
+it was destroyed by the party, or by a person on behalf of the party, otherwise than in bad faith, or was destroyed by another person; or
A reference in this Act to a parent of a person includes a reference to:
-an adoptive parent of the person; or
+it would be impractical to produce the document or thing during the course of the proceeding; or
if the person is an ex-nuptial child—the person’s natural father; or
+production of the document or thing during the course of the proceeding could render a person liable to conviction for an offence; or
the person with whom a child is living as if the child were a member of the person’s family.
+it is not in the possession or under the control of the party and:
it cannot be obtained by any judicial procedure of the court; or
+it is in the possession or under the control of another party to the proceeding concerned who knows or might reasonably be expected to know that evidence of the contents of the document, or evidence of the thing, is likely to be relevant in the proceeding; or
+it was in the possession or under the control of such a party at a time when that party knew or might reasonably be expected to have known that such evidence was likely to be relevant in the proceeding.
+A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person.
+For the purposes of this Act, a representation contained in a document is taken to have been made by a person if:
the document was written, made or otherwise produced by the person;
+the representation was recognised by the person as his or her representation by signing, initialling or otherwise marking the document.
+A reference in this Act to a witness includes a reference to a party giving evidence.
+A reference in this Act to a witness who has been called by a party to give evidence includes a reference to the party giving evidence.
+A reference in this clause to a party includes a defendant in a criminal proceeding.
+A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married.
+A reference in this Act to a document includes a reference to:
any part of the document; or
+any copy, reproduction or duplicate of the document or of any part of the document; or
+any part of such a copy, reproduction or duplicate.
+In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case:
+In this Act:
a reference to a person appointed or holding office under or because of an Australian law or a law of the Commonwealth includes a reference to an APS employee; and
+in that context, a reference to an office is a reference to the position occupied by the APS employee concerned.
+A reference in this Act to a law of the Commonwealth, a State, a Territory or a foreign country is a reference to a law (whether written or unwritten) of or in force in that place.
+A reference in this Act to an Australian law is a reference to an Australian law (whether written or unwritten) of or in force in Australia.
+A reference in this Act to a child of a person includes a reference to:
+an adopted child or ex-nuptial child of the person; or
+a child living with the person as if the child were a member of the person’s family.
+A reference in this Act to a parent of a person includes a reference to:
+an adoptive parent of the person; or
+if the person is an ex-nuptial child—the person’s natural father; or
+the person with whom a child is living as if the child were a member of the person’s family.
+A reference in this Act to a de facto partner of a person is a reference to a person who is in a de facto relationship with the person.
+A person is in a de facto relationship with another person if the two persons have a relationship as a couple and are not legally married.
+In determining whether two persons are in a de facto relationship, all the circumstances of the relationship are to be taken into account, including such of the following matters as are relevant in the circumstances of the particular case:
+the duration of the relationship;
the nature and extent of their common residence;
the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
the ownership, use and acquisition of their property;
the degree of mutual commitment to a shared life;
the care and support of children;
the reputation and public aspects of the relationship.
No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple.
-For the purposes of subclause (3), the following matters are irrelevant:
-No particular finding in relation to any circumstance is to be regarded as necessary in deciding whether two persons have a relationship as a couple.
+For the purposes of subclause (3), the following matters are irrelevant:
+whether the persons are different sexes or the same sex;
whether either of the persons is legally married to someone else or in another de facto relationship.
Endnotes
-Endnote 1—About the endnotes
-The endnotes provide information about this compilation and the compiled law.
-The following endnotes are included in every compilation:
-Endnote 1—About the endnotes
-Endnote 2—Abbreviation key
-Endnote 3—Legislation history
-Endnote 4—Amendment history
-Abbreviation key—Endnote 2
-The abbreviation key sets out abbreviations that may be used in the endnotes.
-Legislation history and amendment history—Endnotes 3 and 4
-Amending laws are annotated in the legislation history and amendment history.
-The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
-The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
-Editorial changes
-The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
-If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
-Misdescribed amendments
-A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
-If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
-Endnote 2—Abbreviation key
-| ad = added or inserted | -o = order(s) | -
|---|---|
| am = amended | -Ord = Ordinance | -
| amdt = amendment | -orig = original | -
| c = clause(s) | -par = paragraph(s)/subparagraph(s) | -
| C[x] = Compilation No. x | -/sub-subparagraph(s) | -
| Ch = Chapter(s) | -pres = present | -
| def = definition(s) | -prev = previous | -
| Dict = Dictionary | -(prev…) = previously | -
| disallowed = disallowed by Parliament | -Pt = Part(s) | -
| Div = Division(s) | -r = regulation(s)/rule(s) | -
| ed = editorial change | -reloc = relocated | -
| exp = expires/expired or ceases/ceased to have | -renum = renumbered | -
| effect | -rep = repealed | -
| F = Federal Register of Legislation | -rs = repealed and substituted | -
| gaz = gazette | -s = section(s)/subsection(s) | -
| LA = Legislation Act 2003 | -Sch = Schedule(s) | -
| LIA = Legislative Instruments Act 2003 | -Sdiv = Subdivision(s) | -
| (md) = misdescribed amendment can be given | -SLI = Select Legislative Instrument | -
| effect | -SR = Statutory Rules | -
| (md not incorp) = misdescribed amendment | -Sub-Ch = Sub-Chapter(s) | -
| cannot be given effect | -SubPt = Subpart(s) | -
| mod = modified/modification | -underlining = whole or part not | -
| No. = Number(s) | -commenced or to be commenced | -
Endnote 3—Legislation history
-| Act | -Number and year | -Assent | -Commencement | -Application, saving and transitional provisions | -|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Evidence Act 1995 | -2, 1995 | -23 Feb 1995 | -s 4–197 and Sch: 18 Apr 1995 (s 2(3))
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+ Endnotes +Endnote 1—About the endnotes +The endnotes provide information about this compilation and the compiled law. +The following endnotes are included in every compilation: +Endnote 1—About the endnotes +Endnote 2—Abbreviation key +Endnote 3—Legislation history +Endnote 4—Amendment history +Abbreviation key—Endnote 2 +The abbreviation key sets out abbreviations that may be used in the endnotes. +Legislation history and amendment history—Endnotes 3 and 4 +Amending laws are annotated in the legislation history and amendment history. +The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. +The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. +Editorial changes +The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. +If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. +Misdescribed amendments +A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. +If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history. +Endnote 2—Abbreviation key +
Endnote 3—Legislation history +
Endnote 4—Amendment history -
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