41Definitions

#### 41 Definitions In this part: > abscond has the meaning given in section 42A. > appropriate court means: (a) in relation to a person’s conviction of an offence—the court of the State or Territory before which the person was convicted and, in addition, where that court is not the Supreme Court of the State or Territory, that Supreme Court; and (b) in relation to the charging, or proposed charging, of a person with an offence—the Supreme Court of the State or Territory in which the person has been, or is to be, charged with the offence. > benefit means any benefit payable under a superannuation scheme, including a lump sum payment and a pension. > changeover day means the day on which Schedule 1 to the Australian Federal Police Legislation Amendment Act 1999 commences. > commencing day means the day on which this Part commences. > Commonwealth organisation means: (a) a body corporate incorporated for a public purpose (whether before, on or after the commencing day) by a law of the Commonwealth or of a Territory; or (b) a body corporate: (i) incorporated (whether before, on or after the commencing day) under a law of the Commonwealth or a law in force in a State or Territory; and (ii) in which the Commonwealth or a body corporate mentioned in paragraph (a) has the controlling interest; or (c) a body corporate, whether incorporated before, on or after the commencing day: (i) that is a subsidiary of another body corporate mentioned in paragraph (a) or (b); and (ii) in which that other body corporate has the controlling interest; or (d) an unincorporated authority or body (other than a prescribed authority or body) established for a public purpose (whether before, on or after the commencing day) by or under a law of the Commonwealth, of a Territory or of the Northern Territory; or (e) any other incorporated or unincorporated authority or body (however established), other than a prescribed authority or body, that is wholly or substantially financed, either directly or indirectly, by the Commonwealth, whether the authority or body was or is established before, on or after the commencing day. > controlling interest, in relation to a body corporate, means an interest that derives from ownership of at least 50% of the shares in the body corporate that confer voting rights. > convicted has the meaning given in section 42C. > corruption offence means an offence by a person who was an AFP employee or an old law member or staff member at the time when it was committed, being an offence: (a) whose commission involved an abuse by the person of his or her office as such a person; (b) that, having regard to the powers and duties of such a person, as the case may be, was committed for a purpose that involved corruption; or (c) that was committed for the purpose of perverting, or attempting to pervert, the course of justice. > defendant, in Division 3A, has the meaning given in section 49A. > DPP means the Director of Public Prosecutions. > employee contributions, in relation to a person, includes: (a) any amount paid or transferred into a fund, being an amount that is, under the person’s superannuation scheme, to be taken to be employee contributions; and (b) any other amount paid or transferred into a fund under the person’s superannuation scheme, being an amount: (i) attributable to employer contributions paid by the person’s previous employer under another superannuation scheme (not being a superannuation scheme within the meaning of this Act) applicable to the person’s previous employment by that employer; and (ii) payable to the person as an additional lump sum benefit on his or her resignation or retirement. > encumbrance, in relation to property, includes any interest, mortgage, charge, right, claim or demand in respect of the property. > fund includes the Consolidated Revenue Fund. > interest, in relation to property, means: (a) a legal or equitable estate or interest in the property; or (b) a right, power or privilege in connection with the property; whether present or future and whether vested or contingent. > member, in relation to a superannuation scheme, includes a person who is eligible for a benefit (including a deferred benefit) under the scheme. > offence means: (a) a common law offence; or (b) an offence against a law of the Commonwealth or of a State or Territory, being an offence punishable by imprisonment for life or for a term longer than 12 months. > old law member or staff member has the meaning given by section 41A. > property means real or personal property of every description, whether situated in Australia or anywhere else and whether tangible or intangible, and includes an interest in any such real or personal property. > recovery order means a superannuation order containing an order of the kind mentioned in subsection 46(4) or (4A). > relevant period, in relation to a restraining order, means the period starting on the day when the order was made and ending: (a) if an order or orders have been made under section 49Q—at the time, or on the occurrence of the event, specified in the order, or the last of the orders, so made; or (b) if paragraph (a) does not apply but an order or orders have been made under paragraph 49J(1)(a) or (b) in relation to the restraining order—at the end of 6 months after the day when the order, or the last of the orders, was so made, or such longer period (if any) as is specified in the order, or the last of the orders; or (c) in any other case—at the end of 6 months after the day on which the restraining order was made, or such longer period (if any) as is specified in the order. > restraining order means an order under section 49B. > sentence includes a suspended sentence, but does not include a sentence passed, or an order made, under subsection 20AB(1) of the Crimes Act 1914. > superannuation authority means: (a) in relation to the superannuation scheme established by the Superannuation Act 1976 or by deed under the Superannuation Act 1990—CSC; or (b) in any other case—the person (however described) responsible for the administration of the relevant superannuation scheme. > superannuation order means an order under section 46, and includes such an order as varied under section 47A. > superannuation scheme, in relation to a person, means a superannuation scheme (other than a scheme established under a law of a State or Territory) under which employer contributions or benefits are paid or payable, or have at any time been paid, by the Commonwealth or a Commonwealth organisation to or in respect of the person, and includes any scheme or organisation under which such contributions are vested in the person.