6Functions of Protective Service

##### 6 Functions of Protective Service (1) Subject to subsection (4), the functions of the Protective Service are to provide such protective and custodial services for or on behalf of the Commonwealth as the Minister, by notice in writing published in the Gazette, directs. (2) Without limiting the generality of subsection (1), but subject to subsection (4), the functions of the Protective Service may include: (a) the protection of property in which: (i) the Commonwealth, a foreign country or an international organisation has an interest; or (ii) an authority of the Commonwealth, of a foreign country or of an international organisation has an interest; (ab) the protection of property in which a designated overseas mission has an interest; (b) the protection of, and of members of the family and household of, persons holding office under the Commonwealth; (c) the protection of internationally protected persons; (d) the keeping of persons in custody under the Migration Act 1958; and (e) functions incidental or conducive to a function referred to in paragraph (a), (ab), (b), (c) or (d). (3) Without limiting the generality of paragraph (2)(a), the Commonwealth, a foreign country or an international organisation, or an authority of the Commonwealth, of a foreign country or of an international organisation, as the case requires, shall be taken, for the purposes of that paragraph, to have an interest in any property that it owns, occupies or uses or that is in its possession or under its control. (3A) Without limiting the generality of paragraph (2)(ab), a designated overseas mission is taken, for the purposes of that paragraph, to have an interest in any property: (a) that it owns, occupies or uses; or (b) that is in its possession or under its control. (4) The functions of the Protective Service do not include the provision of bodyguard services. (5) In this section: > authority: (a) in relation to the Commonwealth, means: (i) a body, whether incorporated or unincorporated, established for a public purpose: (A) by or under a law of the Commonwealth or a law of a Territory other than the Northern Territory; or (B) by the Governor‑General or a Minister; (ii) an incorporated company in which the Commonwealth or a body described in subparagraph (i) has a controlling interest; or (iii) any other agency or instrumentality of the Commonwealth; (b) in relation to a foreign country, means: (i) a body, whether incorporated or unincorporated, established for a public purpose: (A) by or under a law of the foreign country; (B) by the head of the foreign country in his or her public capacity; or (C) by the executive government of the foreign country, including by a department or organ of the executive government of the foreign country; (ii) an incorporated company in which the foreign country or a body described in subparagraph (i) has a controlling interest; or (iii) any other agency or instrumentality of the foreign country; and (c) in relation to an international organisation, includes an agency or instrumentality of the organisation. > designated overseas mission has the same meaning as in the Overseas Missions (Privileges and Immunities) Act 1995. > foreign country means any country outside Australia (whether or not an independent sovereign State), and includes a province, state, self‑governing territory or other political sub‑division (by whatever name known) of such a country. > international organisation has the same meaning as the term international organization in section 5A of the Diplomatic Privileges and Immunities Act 1967. > internationally protected person has the same meaning as in the Crimes (Internationally Protected Persons) Act 1976. > office under the Commonwealth includes: (a) office as Governor‑General; (b) office as a Minister; (c) office as a Senator or member of the House of Representatives; (d) office as a Justice of the High Court; (e) an office established by, or an appointment made under, a law of the Commonwealth or a law of a Territory other than the Northern Territory; or (f) an appointment made by the Governor‑General or a Minister otherwise than under such a law. > property means real and personal property of every description.