Commonwealth Numbered Acts

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JUDICIAL MISBEHAVIOUR AND INCAPACITY (PARLIAMENTARY COMMISSIONS) ACT 2012 (NO. 188, 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 Commission 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 (other than the Federal Magistrates Court); or

                     (c)  a Federal Magistrate.

"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.

"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.

"Federal Magistrate" means a Federal Magistrate of the Federal Magistrates Court.

"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" means 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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