5Definitions

#### 5 Definitions In this Act: > act has a meaning affected by section 7. > administrative office means: (a) an office established by, or an appointment made under, a law of the Commonwealth; and (b) an office established by, or an appointment made under, a law of a Territory; and (c) an appointment made by the Governor‑General or a Minister otherwise than under a law of the Commonwealth or of a Territory; and (d) an appointment as a director of an incorporated company that is a public authority of the Commonwealth; but does not include: (e) an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self‑Government) Act 1988; or (f) an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self‑Government) Act 1978; or (h) an office or appointment in the Australian Public Service; or (i) an office of a person employed under the Members of Parliament (Staff) Act 1984. > Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee. > age includes age group. > Note: Example: The reference in subsection 26(3) to students above a particular age includes a reference to students above a particular age group. > Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. > Commission means the Australian Human Rights Commission. > Commissioner means the Age Discrimination Commissioner appointed under section 53A. > Commonwealth employee means a person who: (a) is appointed or engaged under the Public Service Act 1999; or (b) holds an administrative office; or (c) is employed by a public authority of the Commonwealth; or (d) is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918; or (e) is a member of the Defence Force; or (f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); or (g) is a person employed under the Members of Parliament (Staff) Act 1984. > Note: See also section 8 (Commonwealth taken to be employer of Commonwealth employees). > Commonwealth law means: (a) an Act, regulation, or other instrument made under an Act; or (b) an ordinance of a Territory, a regulation made under an ordinance of a Territory, or another instrument made under an ordinance of a Territory; or (c) an order, determination or award made under a law mentioned in paragraph (a) or (b). > discriminate has the meaning given by sections 14 and 15. > employment includes: (a) part‑time and temporary employment; and (b) work under a contract for services; and (c) work as a Commonwealth employee; and (d) work as an employee of a State or an instrumentality of a State. > function includes duty. > instrumentality of a State means a body or authority established for a public purpose by a law of a State and includes a local government body. > premises includes: (a) a structure, building, aircraft, vehicle or vessel; and (b) a place (whether enclosed or built on or not); and (c) a part of premises (including premises of a kind mentioned in paragraph (a) or (b)). > President means President of the Commission. > public authority of the Commonwealth means: (a) a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, being a body corporate employing staff on its own behalf; or (b) an authority or body, not being a body corporate, established, whether before or after the commencement of this Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, being an authority or body employing staff on its own behalf; or (c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control. > registered charity means an entity that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act. > services includes: (a) services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or (b) services relating to entertainment, recreation or refreshment; or (c) services relating to transport or travel; or (d) services relating to telecommunications; or (e) services of the kind provided by the members of any profession or trade; or (f) services of the kind provided by a government, a government authority or a local government body. > State, except in subsections 10(10) and (11), includes the Australian Capital Territory and the Northern Territory. > Territory, except in subsection 10(11) or in paragraph (c) of the definition of administrative office in this section, does not include the Australian Capital Territory or the Northern Territory. > this Act includes the regulations.