3Interpretation

#### 3 Interpretation (1) In this Act, unless the contrary intention appears: > adduce includes give. > agency party means a party who is: (a) the Secretary of a Department; or (b) the Chief Executive Medicare; or (c) the Chief Executive Centrelink; or (d) the Child Support Registrar. > alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes: (a) conferencing; and (b) mediation; and (c) neutral evaluation; and (d) case appraisal; and (e) conciliation; and (f) procedures or services specified in the regulations; but does not include: (g) arbitration; or (h) court procedures or services. Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition. > ASIO affiliate has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > ASIO employee has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > ASIO Minister means the Minister administering the Australian Security Intelligence Organisation Act 1979. > authorised member means a member who has been authorised by the President under section 59A for the purposes of the provision in which the expression occurs. > authorised officer means an officer of the Tribunal who has been authorised by the President under section 59B for the purposes of the provision in which the expression occurs. > authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment. > authority of the Commonwealth means an authority, tribunal or other body, whether incorporated or not, that is established by an enactment. > Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. > Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. > child support first review means a proceeding that is or would be a proceeding in the Social Services and Child Support Division on application for AAT first review within the meaning of the Child Support (Registration and Collection) Act 1988. > Commonwealth agency means a Minister or an authority of the Commonwealth. > CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. > Deputy President means a member appointed as a Deputy President of the Tribunal. > enactment means: (a) an Act; (b) an Ordinance of a Territory other than the Northern Territory, the Australian Capital Territory or Norfolk Island; or (c) an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance; and includes an enactment as amended by another enactment. > Note: See also subsection 25(8) (Norfolk Island enactments). > engage in conduct has the same meaning as in the Criminal Code. > exempt security record means: (a) a record of the Australian Security Intelligence Organisation; or (b) a record that is claimed to be an exempt record under the Archives Act 1983 for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b) or subsection 33(4A) or (4C) of that Act. > full‑time member means a member who is appointed as a full‑time member. > immigration advisory service means a body that provides services in relation to the seeking by non‑citizens (within the meaning of the Migration Act 1958) of permission to enter or remain in Australia. > Judge means: (a) a Judge of a court created by the Parliament; or (b) a person who has the same designation and status as a Judge of a court created by the Parliament. > member means: (a) the President; or (b) a Deputy President; or (c) a senior member; or (d) any other member (of any level referred to in subsection 6(3)). > non‑presidential member means a member other than a presidential member. > Norfolk Island enactment means: (a) an enactment (within the meaning of the Norfolk Island Act 1979); or (b) an instrument (including rules, regulations or by‑laws) made under such an enactment; and includes a Norfolk Island enactment as amended by another Norfolk Island enactment. > officer of the Tribunal means: (a) the Registrar; or (b) a person appointed as an officer of the Tribunal under section 24PA. > part‑time member means a member who is appointed as a part‑time member. > person who made the decision has a meaning affected by: (a) if a review of the decision is or would be an AAT first review within the meaning of the A New Tax System (Family Assistance) (Administration) Act 1999—section 111B of that Act; and (b) if a review of the decision is or would be an AAT first review within the meaning of the Paid Parental Leave Act 2010—section 224A of that Act; and (c) if a review of the decision is or would be an AAT first review within the meaning of the Social Security (Administration) Act 1999—section 142A of that Act; and (d) if a review of the decision is or would be an AAT first review within the meaning of the Student Assistance Act 1973—section 311A of that Act. > President means the President of the Tribunal. > presidential member means the President or a Deputy President. > proceeding, in relation to the Tribunal, includes: (a) an application to the Tribunal for review of a decision; and (b) an application to the Tribunal under subsection 28(1AC); and (c) an application to the Tribunal for review of a taxing of costs; and (d) an application to the Tribunal for a costs certificate under section 10A of the Federal Proceedings (Costs) Act 1981; and (e) an application to the Tribunal under subsection 62(2) of the Freedom of Information Act 1982; and (f) any other application to the Tribunal under this Act or any other Act; and (g) any matter referred to the Tribunal for inquiry and/or review under this Act or any other Act; and (h) an incidental application to the Tribunal made in the course of, or in connection with, an application or proposed application, or a matter, referred to in a preceding paragraph. > Registrar means the Registrar of the Tribunal. > second review: a review by the Tribunal of a decision is or would be a second review if another enactment: (a) authorises an application to be made for review of the decision; and (b) designates the review as an AAT second review. > security assessment or assessment has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > security clearance decision has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > security clearance suitability assessment has the same meaning as in the Australian Security Intelligence Organisation Act 1979. > security vetting agency has the meaning given by section 82A of the Australian Security Intelligence Organisation Act 1979. > senior member means a senior member of the Tribunal (of either level referred to in subsection 6(3)). > sponsoring agency, in relation to a security clearance, has the meaning given by section 82A of the Australian Security Intelligence Organisation Act 1979. > State includes the Northern Territory and the Australian Capital Territory. > Tribunal: (a) means the Administrative Appeals Tribunal established by this Act; and (b) in relation to a proceeding, means the Administrative Appeals Tribunal so established as constituted for the purposes of the proceeding; and (c) includes a member, or an officer of the Tribunal, exercising powers of the Tribunal. (2) Where a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an enactment to make decisions, this Act applies as if that board, committee or other body were a person empowered to make those decisions. (3) Unless the contrary intention appears, a reference in this Act to a decision includes a reference to: (a) making, suspending, revoking or refusing to make an order or determination; (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; (d) imposing a condition or restriction; (e) making a declaration, demand or requirement; (f) retaining, or refusing to deliver up, an article; or (g) doing or refusing to do any other act or thing.