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AUSTRALIAN JOBS ACT 2013 - SECT 5

Definitions

    In this Act:

"ABN" has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

"ACN" has the same meaning as in the Corporations Act 2001 .

"acquire" has the same meaning as in the Competition and Consumer Act 2010 .

"advisory board member" means a member of the AIP advisory bo ard, and includes the Chair of the AIP advisory board.

"AIP advisory board" means the Australian Industry Participation Advisory B oard established under section   85 .

"AIP matter" means :

  (a)   a matter relating to the opportunities for Australian entities to bid for the supply of key goods or se rvices for a designated project; or

  (b)   a matter relating to the opportunities for Australian entities to bid for the supply of key goods or services for the initial operational phase of a new relevant facility in relation to a designated project .

"AIP plan rules" means the rules set out in Division   2 of Part   2 .

"approved AIP plan" means an approved AIP plan under section   18 , 19 or 20 .

"Australian entity" means an entity that has an ABN or an ACN.

"Australian police force" means:

  (a)   the Australian Federal Police; or

  (b)   a police force or police service of a State or Territory.

"Authority" means the Australian Industry Participation Authority.

Note:   See section   67 .

"bid" includes tender.

"constitutional corporation" means a corporation to which paragraph   51(xx) of the Constitution applies.

"designated" project has the meaning given by section   7 .

"draft AIP plan" means a plan that is accompanied by a document stating that the plan is a draft AIP plan.

"electricity facility" means one, or a combination of 2 or more, of the following facilities:

  (a)   an electricity generation facility;

  (b)   an electricity transmission facility;

  (c)   an el ectricity distribution facility .

"eligible facility" has the meaning given by section   6 .

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.

"entity" has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

"entrusted official" means:

  (a)   the Authority; or

  (b)   a member of the staff assisting the Authority; or

  (c)   a person whose services are made available to the Authority under section   81 ; or

  (d)   a person engaged as a consultant under section   82 ; or

  (e)   an advisory board member.

"goods" has the same meaning as in the Competition and Consumer Act 2010 .

"key goods" or services has the meaning given by section   10 .

"key goods or services for a" new relevant facility's initial operational phase has the meaning given by section   12 .

"key goods or services for a project" has the meaning given by section   11 .

"key objective" :

  (a)   in relation to Part B of an approved AIP plan for a major project-- has the meaning given by section   34 ; or

  (b)   in relation to Part   C of an approved AIP plan for a major project--has the meaning given by section   38 .

"land transport facility" means one, or a combination of 2 or more, of the following things:

  (a)   a road;

  (b)   a tunnel;

  (c)   a bridge;

  (d)   a railway line;

that is to be used for the transport of p eople or goods.

"legislative rules" means rules made under section   128.

"low-value contract" has the meaning given by subsection   10 (7).

"low-value contract threshold amount" has the meaning given by subsection   10 (8).

"major project" has the meaning given by section   8 .

"major project threshold amount" has the meaning given by subsection   8 (2).

"non-Australian entity" means an entity other than an Australian entity.

"operator" , in relation to a new relevant facility, means the person who is, or is to be, responsible for operating the facility.

Note:   See also section   65 , which deals with multiple operators .

"petroleum" has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

"petroleum facility" means one, or a combination of 2 or more, of the following things:

  (a)   a well, or other thing , for use for the exploration for petroleum;

  (b)   a well, or other thing, for use for the recovery of petroleum;

  (c)   a thing for use for the processing of petroleum;

  (d)   a thing for use for the storage of petroleum;

  (e)   a thing for use for the offloading of petroleum;

  (f)   a thing for use for the piped conveyance of petroleum.

"prescribed court" means:

  (a)   the Federal Court of Australia; or

  (b)   the Federal Circuit and Family Court of Australia (Division   2).

"procurement entity" :

  (a)   in relation to a project-- means a person who is responsible for acquiring key go ods or services for the project (for this purpose , i t is immaterial whether the person is the project proponent for the p roject ) ; or

  (b)   in relation to a new relevant facility-- means a person who is responsible for acquiring key goods or services for the facility ' s initial operational phase (for this purpose , i t is immaterial whether the person is the operator of the facility ) .

"productive facility" means a facility that is wholly or principally for use in carrying out one or more steps in:

  (a)   the production or distribution, or both, of goods; or

  (b)   the provision of services.

"project" includes :

  (a)   a project as varied and in existence from time to time ; and

  (b)   a project that has been completed.

"project" proponent , in relation to a project, means the person who is responsible for carr ying out the project .

Note:   See also section   9 (which deals with persons responsible for carrying out projects ) and section   63 (which deals with multiple project proponents).

"protected information" means information that:

  (a)   was obtained after the commencement of this section by a person in the person ' s capacity as an entrusted official; and

  (b)   relates to the affairs of a person other than an entrusted official.

"relevant facility" , in relation to a project, means:

  (a)   to the extent to which the project involves establishing a new eligible facility--the new eligible facility; or

  (b)   to the extent to which the project involves expand ing, improving or upgrading a n eligible facility--the expanded , improved or upgraded eligible facility.

"Royal Commission" has the same meaning as in the Royal Commissions Act 1902 .

"services" has the same meaning as in the Competition and Consumer Act 2010 .

"sewage or wastewater facility" means one, or a combination of both, of the following:

  (a)   equipment, excavations and structures that are to be used for treating sewage, or other wastes in water, produced by the public:

  (i)   to reduce the damage caused by its disposal in the natural environment; or

  (ii)   to make any component of the things treated suitable for re - use;

  (b)   channels, drains or pipelines for carrying sewage, or other wastes in water, produced by the public to or from the equipment and structures covered by paragraph   ( a).

"State/Territory government body" means:

  (a)   the government of a State or Territory; or

  (b)   an agency or authority of a State or Territory.

"subsidiary" has the same meaning as in the Corporations Act 2001 .

"supply" has the same meaning as in the Competition and Consumer Act 2010 .

"telecommunications network" has the same meaning as in the Telecommunications Act 1997 .

"trigger date" , in relation to a project, has the meaning given by section   13 .

"water supply facility" means one, or a combination of 2 or more, of the following:

  (a)   dams, weirs, reservoirs or tanks that are to be used for storing, and regulating the flow of, water for public consumption, or other use by the public;

  (b)   bores that are to be used for extracting water for public consumption, or other use by the public;

  (c)   channels or pipelines that are to be used:

  (i)   for supplying water for public consumption, or other use by the public; or

  (ii)   for carrying water between dams or other storage places from which it is to be supplied through channels or pipelines for public consumption, or other use by the public;

  (d)   pumps and associated structures that are to be used:

  (i)   in extracting water from bores covered by paragraph   ( b); or

  (ii)   for pumping water along channels or pipelines covered by paragraph   ( c);

  (e)   equipment and structures that are to be used for treating water that is to be supplied to the public through pipelines to make it fit for the public to drink.


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