(1) In this Act, unless the contrary intention appears:
accused person has the same meaning as in the Defence Force Discipline Act 1982.
administration of the Defence Force: see subsection 10(2).
AGO means that part of the Department known as the Australian Geospatial‑Intelligence Organisation.
Aircraft—Includes aeroplanes, seaplanes, balloons, kite balloons, airships and other machines for flying.
Aircraft Material—Includes any engines, fittings, guns, gear, instruments, ammunition, bombs or apparatus for use in connexion with aircraft, and any components or accessories of aircraft, and petrol and any other substance used for providing motive power for aircraft, and lubricating oil.
Air Force means the Royal Australian Air Force.
Air Force Reserve: see subsection 20(3).
Airman—Means a member of the Air Force other than an officer.
Army means the Australian Army.
Army Reserve: see subsection 19(3).
ART means the Administrative Review Tribunal.
ART Act means the Administrative Review Tribunal Act 2024.
ASA means the Australian Submarine Agency.
ASD means the Australian Signals Directorate.
Australia and Commonwealth includes the Territories.
Australian Air Force Cadets: see subsection 62(4).
Australian Army: see subsection 19(1).
Australian Army Cadets: see subsection 62(3).
Australian defence agency means the following:
(a) so much of the Department as is not AGO or DIO;
(b) the ADF;
(c) the Department of Veterans’ Affairs;
(d) AGO;
(e) ASD;
(f) DIO;
(g) ASA;
(h) each other Commonwealth entity, or Commonwealth company, (both within the meaning of the Public Governance, Performance and Accountability Act 2013) for which the Minister who administers the Department, or the Minister who administers the Department of Veterans’ Affairs, is responsible.
Australian Defence Force or ADF: see section 17.
Australian Defence Force Cadets or ADF Cadets or Cadets: see subsection 62(1).
Australian Navy Cadets: see subsection 62(2).
cadet means an officer, instructor or cadet in the Cadets.
call out order:
(a) in Division 3 of Part III—has the meaning given by subsection 28(1); and
(b) in Part IIIAAA—has the meaning given by section 31.
Chair means the Chair of the Committee.
Chief of the Defence Force means the Chief of the Defence Force appointed under subsection 12(1).
Committee means the Parliamentary Joint Committee on Defence.
Committee member means a member of the Committee, and includes the Chair.
Conscientious Objection Tribunal means a Conscientious Objection Tribunal established under section 61CF.
court martial means a court martial convened under the Defence Force Discipline Act 1982.
CSC has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
defence aviation area has the meaning given by subsection 117AC(1).
defence aviation area inspector has the meaning given by subsection 117AG(1).
Defence Force means the Australian Defence Force.
Defence Force magistrate has the same meaning as in the Defence Force Discipline Act 1982.
Defence Instructions: see subsection 11(1).
Department of Veterans’ Affairs means the Department administered by the Minister administering section 1 of the Military Rehabilitation and Compensation Act 2004.
DIO means that part of the Department known as the Defence Intelligence Organisation.
Director of Defence Counsel Services means the person appointed under subsection 110ZA(2) as the Director of Defence Counsel Services or a person acting as the Director of Defence Counsel Services.
exemption from service because of conscientious beliefs means exemption from service under paragraph 61A(1)(h) or (i) or exemption from combatant duties under subsection 61A(1A).
Federal Court means the Federal Court of Australia.
flexible service determination: see subsection 23(2).
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
head, of an Australian defence agency, means the following:
(a) for the Department—the Secretary;
(b) for the ADF—the Chief of the Defence Force;
(c) for the Department of Veterans’ Affairs—the Secretary of that Department;
(d) for AGO—the Director of AGO;
(e) for ASD—the Director‑General of ASD;
(f) for DIO—the Director of DIO;
(g) for ASA—the Director‑General of ASA;
(h) for any other Australian defence agency—the head (however described) of that agency.
Inspector‑General ADF means the Inspector‑General of the Australian Defence Force referred to in section 110B.
legal officer has the same meaning as in the Defence Force Discipline Act 1982.
legal practitioner has the same meaning as in the Defence Force Discipline Act 1982.
Member—Includes any officer, sailor, soldier and airman.
military organisation of a foreign country: see section 113.
national intelligence community has the same meaning as in the Office of National Intelligence Act 2018.
Naval Reserve: see subsection 18(3).
Navy means the Royal Australian Navy.
officer means:
(a) a person appointed as an officer of the Navy, Army or Air Force and who holds a rank specified in items 1 to 12 of the table in subclause 1(1) of Schedule 1; or
(b) a chaplain in the Defence Force.
operationally sensitive information means the following:
(a) specific intelligence reports of:
(ii) an agency in the national intelligence community;
(b) information about sources of information, other operational assistance or operational methods available to:
(ii) an agency in the national intelligence community;
(c) information provided by, or by an agency of, a foreign government if that government does not consent to the public disclosure of the information;
(d) specific information about military tactics, military techniques or military procedures, including in relation to an active or planned significant operation being conducted by:
(ii) a military organisation of a foreign country;
(e) specific information about highly sensitive capabilities of:
(ii) an agency in the national intelligence community; or
(iii) a military organisation of a foreign country, or an intelligence agency of a foreign government, if the disclosure of the information could prejudice Australia’s foreign policy interests or intelligence‑sharing agreements or arrangements.
Permanent Air Force: see subsection 20(2).
Permanent Forces means the Permanent Navy, the Regular Army and the Permanent Air Force.
Permanent Navy: see subsection 18(2).
protected information means the following:
(a) operationally sensitive information;
(b) information that would or might prejudice:
(i) Australia’s national security or the conduct of Australia’s foreign relations; or
(ii) the performance by an Australian defence agency, or by an agency in the national intelligence community, of its functions;
(c) naval nuclear propulsion information;
(d) information relating to an inquiry or investigation by the Inspector‑General ADF that is being conducted.
protected person: see subsection 123AA(3).
public resources has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
Regular Army: see subsection 19(2).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve.
Royal Australian Air Force or RAAF: see subsection 20(1).
Royal Australian Navy or RAN: see subsection 18(1).
Sailor—Means a member of the Navy other than an officer.
service chief means:
(a) the Chief of Navy; or
(b) the Chief of Army; or
(c) the Chief of Air Force.
Service Decoration—Means any order, medal, badge, clasp, bar or other insignia that was or may be conferred for valour, distinguished conduct or service, long service, good conduct, devotion to duty, efficiency, participation in a campaign or other warlike operation or for any other reason on a member of the Defence Force or of any armed force of any part of the Sovereign’s dominions or of any Power allied or associated with Australia in any war or warlike operations in which Australia is or has been engaged, and includes the ribbon of any such order, medal, badge, clasp or other decoration and any colourable imitation, representation or miniature of any such order, medal, badge, clasp or other decoration.
Service tribunal has the same meaning as in the Defence Force Discipline Act 1982.
Soldier—Means a member of the Army other than an officer.
staff member, of an Australian defence agency, means:
(a) an employee of the agency; or
(b) a consultant or contractor to the agency; or
(c) a person who is made available by another Commonwealth agency, by a State authority or by another person, to perform services for the agency; or
(d) if the agency is the ADF—a Member.
The Secretary means the Secretary of the Department.
Time of Defence Emergency—Means the period between the publication of a proclamation declaring that a state of defence emergency exists in relation to Australia and the publication of a proclamation that that state of defence emergency no longer exists.
Time of War—Means any time during which a state of war actually exists, and includes the time between the issue of a proclamation of the existence of war or of danger thereof and the issue of a proclamation declaring that the war or danger thereof, declared in the prior proclamation, no longer exists.
Vice Chief of the Defence Force means the Vice Chief of the Defence Force appointed under subsection 12(2).
War—Means any invasion or apprehended invasion of, or attack or apprehended attack on, Australia by an enemy or armed force.
(3) For the purposes of Part IV, a person is taken to have a conscientious belief in relation to a matter if the person’s belief in respect of that matter:
(a) involves a fundamental conviction of what is morally right and morally wrong, whether or not based on religious considerations; and
(b) is so compelling in character for that person that he or she is duty bound to espouse it; and