113Definitions

113  Definitions control, over a company, body or association, includes control as a result of, or by means of, trusts, agreements, arrangements, understandings or practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights. Defence and Strategic Goods List has the same meaning as in the Defence Trade Controls Act 2012. defence staff member means:  (a) one of the following:  (i) the Chief of the Defence Force or the Vice Chief of the Defence Force;  (ii) the Chief of Navy, the Chief of Army or the Chief of Air Force;  (iii) a member of the Permanent Forces;  (iv) a member of the Reserves who is rendering continuous full‑time service; or  (b) the Secretary of the Department or an APS employee in the Department; or  (c) the Head of the Australian Submarine Agency or an APS employee in the Australian Submarine Agency. foreign work authorisation means an authorisation granted to an individual under section 115C. foreign work restricted individual has the meaning given by section 114. government of a foreign country or a part of a foreign country means the authority exercising effective governmental control in that foreign country or that part of that foreign country. government body of a foreign country means:  (a) the government of the foreign country or of part of the foreign country; or  (b) an authority of the government of the foreign country; or  (c) an authority of the government of part of the foreign country; or  (d) a local government body or regional government body of the foreign country; or  (e) a public enterprise of the foreign country. military organisation of a foreign country means:  (a) the armed forces of the government of the foreign country; or  (b) the civilian component of:  (i) the Department of State of the foreign country; or  (ii) a government agency in the foreign country;   that is responsible for the defence of that country. permanent resident of Australia means a person who is a permanent resident within the meaning of the Australian Citizenship Act 2007. public enterprise of a foreign country means a company or any other body or association where:  (a) in the case of a company—one or more of the following apply:  (i) the government of the foreign country or of part of the foreign country holds more than 50% of the issued share capital of the company;  (ii) the government of the foreign country or of part of the foreign country holds more than 50% of the voting power in the company;  (iii) the government of the foreign country or of part of the foreign country is in a position to appoint more than 50% of the company’s board of directors;  (iv) the directors (however described) of the company are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of the foreign country or of part of the foreign country;  (v) the government of the foreign country or of part of the foreign country is in a position to exercise control over the company; and  (b) in the case of any other body or association—either or both of the following apply:  (i) the members of the executive committee (however described) of the body or association are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of the foreign country or of part of the foreign country;  (ii) the government of the foreign country or of part of the foreign country is in a position to exercise control over the body or association; and  (c) the company, body or association:  (i) enjoys special legal rights or a special legal status under a law of the foreign country or of part of the foreign country; or  (ii) enjoys special benefits or privileges under a law of the foreign country or of part of the foreign country;   because of the relationship of the company, body or association with the government of the foreign country or of the part of the foreign country, as the case may be. relevant foreign country means a foreign country other than a foreign country covered by an instrument in force under subsection 115(3). reviewable decision: see subsection 115K(9). training means any training:  (a) whether for reward or otherwise; and  (b) whether provided in a personal capacity or in any other capacity, including:  (i) as an agent, officer or employee of a body corporate incorporated within or outside Australia; or  (ii) in, or with, any partnership, trust, association, organisation or other body established, formed or created within or outside Australia; and  (c) whether regular or irregular training; and  (d) whether formal or informal instruction. work means any work (including the provision of training):  (a) whether for reward or otherwise; and  (b) whether performed in a personal capacity or in any other capacity, including:  (i) as an agent, officer or employee of a body corporate incorporated within or outside Australia; or  (ii) in, or with, any partnership, trust, association, organisation or other body established, formed or created within or outside Australia.