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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 8

Definitions

                   In this Act:

"agency" has the meaning given by section 71.

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

"Australian legal practitioner" has the same meaning as in the Evidence Act 1995 .

"Australian police force" means the Australian Federal Police or the police force of a State or Territory.

"authorised internal recipient" has the meaning given by section 34.

"authorised officer" has the meaning given by section 36.

"belongs" : section 69 sets out when a public official belongs to an agency.

"Cabinet information" means:

                     (a)  information contained in a document that is an exempt document under section 34 of the Freedom of Information Act 1982 ; or

                     (b)  information the disclosure of which would involve the disclosure of any deliberation, or decision, of the Cabinet or a committee of the Cabinet.

"chief executive officer" has the meaning given by subsection 73(2).

"Commonwealth company" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"Commonwealth contract" has the meaning given by subsection 30(3).

"Commonwealth tribunal" means:

                     (a)  a body established as a tribunal by or under a law of the Commonwealth; or

                     (b)  a statutory officeholder prescribed by the PID rules for the purposes of this paragraph.

"completed" , in relation to a n investigation under Part 3, has the meaning given by subsection 52(2).

"contracted service provider" has the meaning given by subsection 30(2).

"Defence Department" means the Department administered by the Minister administering Part III of the Defence Act 1903 , and includes:

                     (a)  the Defence Force; and

                     (b)  the Australian Defence Force Cadets.

"Department" means:

                     (a)  a Department of State (including the Defence Department), excluding any part that is itself an Executive Agency or Statutory Agency; or

                     (b)  a Department of the Parliament that is established under the Parliamentary Service Act 1999 .

"designated publication restriction" means any of the following:

                     (a)  section 121 of the Family Law Act 1975 ;

                     (b)  section 91X of the Migration Act 1958 ;

                     (c)  section 110X of the Child Support (Registration and Collection) Act 1988 ;

                     (d)  a non-publication order (within the meaning of Part XAA of the Judiciary Act 1903 ) of any court;

                     (e)  a suppression order (within the meaning of Part XAA of the Judiciary Act 1903 ) of any court;

                      (f)  an order under section 31, 38J or 38L of the National Security Information (Criminal and Civil Proceedings) Act 2004 ;

                     (g)  an order under section 28 of the Witness Protection Act 1994 ;

                     (h)  an order under subsection 35(2) of the Administrative Appeals Tribunal Act 1975 ;

                      (i)  a direction under subsection 35AA(2) of the Administrative Appeals Tribunal Act 1975 ;

                    (ia)  section 21C of the Australian Crime Commission Act 2002 ;

                      (j)  a direction under subsection 25A(9) of the Australian Crime Commission Act 2002 ;

                     (k)  section 29B of the Australian Crime Commission Act 2002 ;

                      (l)  a direction under section 90 of the Law Enforcement Integrity Commissioner Act 2006 ;

                    (m)  section 92 of the Law Enforcement Integrity Commissioner Act 2006 .

"detriment" includes the meaning given by subsection 13(2).

"disclosable conduct" has the meaning given by Subdivision B of Division 2 of Part 2.

"disclose" includes re-disclose.

"disclosure investigation" means:

                     (a)  an investigation under Part 3; or

                     (b)  an investigation, in relation to a disclosure that is allocated under Division 1 of Part 3, by an investigative agency under a separate investigative power.

"engage in conduct" means:

                            (a)    do an act; or

                            (b)    omit to do an act.

"Executive Agency" has the same meaning as in the Public Service Act 1999 .

"Federal Circuit Court" means the Federal Circuit Court of Australia.

"Federal Court" means the Federal Court of Australia.

"foreign country" includes:

                     (a)  a colony or overseas territory; and

                     (b)  a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and

                     (c)  a territory outside Australia that is to some extent self-governing, but that is not recognised as an independent sovereign state by Australia.

"foreign government" means the government of a foreign country.

"foreign public official" has the same meaning as in Division 70 of the Criminal Code .

"identifying information" has the meaning given by paragraph 20(1)(b).

"IGIS" means the Inspector-General of Intelligence and Security.

"information" , in relation to a disclosure, includes an allegation made in conjunction with another disclosure of information.

"intelligence agency" means:

                     (a)  the Australian Secret Intelligence Service; or

                     (b)  the Australian Security Intelligence Organisation; or

                     (c)  the Australian Geospatial-Intelligence Organisation; or

                     (d)  the Defence Intelligence Organisation; or

                     (e)  the Australian Signals Directorate; or

                      (f)  the Office of National Intelligence.

"intelligence information" has the meaning given by section 41.

"internal disclosure" means a public interest disclosure that:

                     (a)  is covered by item 1 of the table in subsection 26(1); or

                     (b)  is an allegation made in conjunction with such a disclosure.

"international organisation" means an organisation:

                     (a)  of which Australia and one or more foreign countries are members; or

                     (b)  that is constituted by a person or persons representing Australia and a person or persons representing one or more foreign countries.

"investigate" , in relation to a disclosure, has the meaning given by subsections 47(2) to (4).

"investigative agency" means:

                     (a)  the Ombudsman; or

                     (b)  the IGIS; or

                     (c)  an agency that is prescribed by the PID rules to be an investigative agency for the purposes of this Act.

"judicial officer" has the meaning given by subsection 32(2).

"legal professional privilege" includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995 or under a corresponding law of a State or Territory.

"member of the staff" of the chief executive officer of a court or Commonwealth tribunal has the meaning given by subsection 32(3).

"official of a registered industrial organisation" means a person who holds an office (within the meaning of the Fair Work Act 2009 ) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009 .

"Ombudsman" means the Commonwealth Ombudsman.

"PID rules" (short for Public Interest Disclosure Rules) means the rules made by the Minister under section 83.

"position" , in relation to a public official, includes office or situation.

"prescribed authority" has the meaning given by section 72.

"principal officer" , in relation to an agency, has the meaning given by section 73.

"public interest disclosure" has the meaning given by Subdivision A of Division 2 of Part 2.

"public official" has the meaning given by Subdivision A of Division 3 of Part 4.

"recipient" , in relation to a disclosure of information, means the person to whom the information is disclosed.

"relates" : section 35 sets out when conduct relates to an agency.

"Royal Commission" has the meaning given by the Royal Commissions Act 1902 .

"sensitive law enforcement information" has the meaning given by subsection 41(2).

"separate investigative power" has the meaning given by subsection 49(2).

"Statutory Agency" has the same meaning as in the Public Service Act 1999 .

"statutory officeholder" has the meaning given by subsection 69(2).

"supervisor" , in relation to a person who makes a disclosure, is a public official who supervises or manages the person making the disclosure.

"suspected disclosable conduct" has the meaning given by subparagraph 43(3)(a)(i).

"takes a reprisal" has the meaning given by section 13.



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