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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 - SECT 7

Definitions

    In this Act:

"acquisition of property" has the meaning given by section   43 .

"Australia" , when used in a geographical sense, includes the external Territories.

"Australian law" means a law (whether written or unwritten) of the Commonwealth, a State or a Territory.

"Commission" means a C ommission established by force of section   9 .

"Commonwealth judicial officer" means:

  (a)   a Justice of the High Court; or

  (b)   a judge or justice of a court created by the Parliament.

"Commonwealth or State judicial officer" means:

  (a)   a Commonwealth judicial officer; or

  (b)   a judge or justice of a court of a State or Territory (other than a Judge or acting Judge of the Local Court of the Northern Territory) .

"constable" has the same meaning as in the Crimes Act 1914 .

"conveyance" has the meaning given by section   27 .

"damage" , in relation to data, includes damage by erasure of data or addition of other data.

"dwelling house" has the meaning given by section   27 .

"incapacity" has (other than in section   73 ) the same meaning as in section   72 of the Constitution.

Note:   Incapacity has its ordinary meaning in section   73 .

"just terms" has the meaning given by section   43 .

"lawyer" means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory .

"member" m eans a member of a Commission , and includes a presiding member.

"misbehaviour" has (other than in section   73 ) the same meaning as in section   72 of the Constitution .

Note:   Misbehaviour has its ordinary meaning in section   73 .

"official inquiry" has a meaning affected by section   19 .

"official investigation" has a meaning affected by section   19 .

"parliamentary presiding officer" means:

  (a)   the President of the Senate; or

  (b)   the Speaker of the House of Representatives.

"premises" includes the following:

  (a)   a structure, building, vessel, aircraft or vehicle ;

  (b)   a place (whether or not enclosed or built on);

  (c)   a part of a thing referred to in paragraph   ( a) or (b).

"presiding" member means a member of a Commission appointed as the presiding member by force of subsection   14 (3) .

"proved" , in relation to misbehaviour or incapacity, has the same meaning as in section   72 of the Constitution.

"search warrant" means a search warrant issued under subsection   28 (1).

 



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