Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 71A

Definitions

  (1)   In this Part:

"contracted defence security guard" has the meaning given by section   71B.

"criminal offence" means an offence against a law of the Commonwealth, a State or a Territory.

"declared explosive ordnance depot" has the meaning given by section   71L.

"defence access control point" means a point of entry to, or exit from, defence premises or a part of defence premises, where entry or exit is controlled or limited by any means, including but not limited to control by means of:

  (a)   guarding by defence security officials; or

  (b)   physical barriers such as security screens, locked doors or gates.

"defence accommodation" means any building or other structure, or any place, that:

  (a)   is in Australia; and

  (b)   is used for, or in connection with, the accommodation of a group of members of any part of the Defence Force.

"defence premises" means:

  (a)   any of the following that is in Australia, and is owned or occupied by the Commonwealth for use by the Defence Force or the Department:

  (i)   an area of land or any other place (whether or not it is enclosed or built on);

  (ii)   a building or other structure;

  (iii)   a vehicle, vessel or aircraft, including any fixed or moveable ramp, stairs or other means of access to, or exit from, the vehicle, vessel or aircraft;

  (iv)   a prohibited area, within the meaning of the Defence (Special Undertakings) Act 1952 ; or

  (b)   the Woomera Prohibited Area.

"defence security official" means:

  (a)   a contracted defence security guard (see section   71B); or

  (b)   a security authorised member of the Defence Force (see section   71C); or

  (c)   a defence security screening employee (see section   71D).

"defence security screening employee" has the meaning given by section   71D.

"intelligence or security agency" means any of the following:

  (a)   the Australian Secret Intelligence Service;

  (b)   the Australian Security Intelligence Organisation;

  (ba)   the Australian Signals Directorate;

  (c)   the Office of National Intelligence.

"limited search" of a person means:

  (a)   a search of things in the possession of a person that may include:

  (i)   requesting the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

  (ii)   an examination of any of those items that the person consents to remove; or

  (b)   a search of a person conducted by quickly running the hands over the person's outer garments and an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person;

but does not include requesting the person to remove all of his or her garments.

"optical surveillance device" means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.

"personal information" has the same meaning as in the Privacy Act 1988 .

"person assisting" a defence security official has the meaning given by section   72N.

"protective service officer" has the same meaning as in the Australian Federal Police Act 1979 .

"search" :

  (a)   of a person--has the same meaning as in section   31 ; and

  (b)   of a vehicle, vessel or aircraft--includes a search of a thing in the vehicle, vessel or aircraft.

"security authorised member of the Defence Force" has the meaning given by section   71C.

"special defence security official" means:

  (a)   a security authorised member of the Defence Force (see section   71C); or

  (b)   a defence security screening employee (see section   71D).

"vessel" has the same meaning as in section   31 .

"Woomera Prohibited Area" means the area prescribed under subsection   72TA(1).

  (2)   To avoid doubt, a thing includes a substance, a vehicle, vessel or aircraft and a thing in electronic or magnetic form.


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