3Interpretation

3  Interpretation  (1) In this Act, unless the contrary intention appears: accused person means a person who has been charged with a service offence. active service, in relation to a defence member, means:  (a) service by the member in connection with operations against the enemy;  (b) service by the member with a force specified in a declaration by the Governor‑General that is in force under subsection 4(1); or  (c) service by the member in an area specified in a declaration by the Governor‑General that is in force under subsection 4(2). aircraft includes any machine that can derive support in the atmosphere from the reactions of the air. airman means a member of the Australian Air Force, not being an officer. allied force means a force of another country that is acting in co‑operation with the Defence Force. ancillary offence, in relation to an offence against this Act or the regulations, means an offence against:  (a) section 11.1, 11.4 or 11.5 of the Criminal Code; or  (b) section 6 of the Crimes Act 1914; that relates to that other offence. ancillary Territory offence, in relation to another Territory offence (the first Territory offence), means an offence against:  (a) section 11.1, 11.4 or 11.5 of the Criminal Code; or  (b) section 6 of the Crimes Act 1914; or  (c) section 44, 47 or 48 of the Criminal Code 2002 of the Australian Capital Territory; or  (d) section 181 of the Crimes Act 1900 of the Australian Capital Territory; or  (e) a provision of a law in force in the Jervis Bay Territory (other than a Commonwealth law) that is prescribed for the purposes of this paragraph (see subsection (3A)); that relates to the first Territory offence. another country means a country other than Australia. appropriate authority:  (a) in relation to proceedings before a court martial, means:  (i) the Registrar; or  (ii) the President of the court martial; and  (b) in relation to proceedings before a Defence Force magistrate, means:  (i) the Registrar; or  (ii) the Defence Force magistrate; or  (c) in relation to proceedings before a summary authority, means the summary authority. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. Australia, when used in a geographical sense, includes the external Territories. authorized officer means an officer, or an officer included in a class of officers, authorized, in writing, by the Chief of the Defence Force or a service chief for the purposes of the provision in which the expression occurs. charge means a charge of a service offence. Chief Judge Advocate means the Chief Judge Advocate appointed under section 188A. civil court means a federal court or a court of a State or Territory. civil court offence means:  (a) an offence against a law of the Commonwealth (other than a service offence); or  (b) an offence against a law of a State or Territory. civil detention facility means a police station or any other premises in which persons in custody awaiting trial in a civil court may lawfully be detained. competent reviewing authority has the meaning given by section 150A. constable means a member, or a special member, of the Australian Federal Police or a member of the police force of a State or Territory. convicted person means a person convicted of a service offence by a service tribunal, a reviewing authority or the Defence Force Discipline Appeal Tribunal. Court Martial and Defence Force Magistrate Rules means the rules made under section 149A. custodial offence means:  (a) an offence against subsection 54A(1) or (2); or  (b) an offence that:  (i) is an ancillary offence in relation to an offence against subsection 54A(1) or (2); and  (ii) was committed by a person at a time when the person was a detainee. custodial punishment means a punishment of a kind referred to in subsection 68A(1). custody means custody under this Act. defence civilian means a person (other than a defence member) who:  (a) with the authority of an authorized officer, accompanies a part of the Defence Force that is:  (i) outside Australia; or  (ii) on operations against the enemy; and  (b) has consented, in writing, to subject himself or herself to Defence Force discipline while so accompanying that part of the Defence Force. Defence Force Discipline Appeal Tribunal means the Defence Force Discipline Appeal Tribunal constituted under the Defence Force Discipline Appeals Act 1955. Defence Force magistrate means a Defence Force magistrate appointed under section 127. defence member means:  (a) a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or  (b) a member of the Reserves who:  (i) is rendering continuous full‑time service; or  (ii) is on duty or in uniform. Deputy Chief Judge Advocate means a Deputy Chief Judge Advocate appointed under section 188EC. Deputy Judge Advocate General means a Deputy Judge Advocate General appointed under section 179. detainee means a person who is undergoing a punishment of detention in a detention centre. detention centre means a place, not being a prison, that is operated by the Defence Force as a place for the detention of persons on whom punishments of detention have been imposed. Director of Defence Counsel Services has the same meaning as in the Defence Act 1903. Director of Military Prosecutions means the Director of Military Prosecutions appointed under section 188GF. disciplinary infringement has the meaning given by subsection 9D(1). disciplinary infringement provision has the meaning given by subsection 9D(2). discipline officer has the meaning given by subsection 9H(2). elective punishment means a punishment set out in column 3 of an item in the table in subsection 69B(2) or 69C(2). enemy person means a person who is:  (a) a representative or agent of the enemy; or  (b) a member of:  (i) an armed force of a body politic that constitutes the enemy; or  (ii) an armed force or other force that constitutes the enemy. engage in conduct means:  (a) do an act; or  (b) omit to perform an act. general order means:  (a) a Defence Instruction;  (b) any other order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a service chief; or  (c) a general, standing, routine or daily order in force with respect to a part of the Defence Force. hearing, in relation to a service tribunal, includes the announcement of the verdict of the tribunal and the taking of action by the tribunal under Part IV in relation to a convicted person. infringement notice means a notice given under section 9E. infringement officer has the meaning given by subsection 9HA(2). infringement scheme means Part IA. institution, in relation to the Defence Force or an allied force, means a mess, club, band, canteen or other institution of the Defence Force or of the allied force, as the case may be. intoxicated: a person is intoxicated if, and only if, the person’s faculties are, because of the person being under the influence of intoxicating liquor or a drug (other than a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the person is unfit to be entrusted with the person’s duty or with any duty that the person may be called on to perform. judge advocate, in relation to a court martial, means the judge advocate of the court martial. Judge Advocate General means the Judge Advocate General appointed under section 179. judge advocates’ panel means the panel referred to in subsection 196(1). junior officer means a defence member who is an officer (other than an officer cadet) who holds:  (a) in the Navy—a rank of or below the rank of lieutenant; or  (b) in the Army—a rank of or below the rank of captain; or  (c) in the Air Force—a rank of or below the rank of flight lieutenant. legal officer means an officer who is a legal practitioner. legal practitioner means a person who is enrolled as a barrister, a solicitor, a barrister and solicitor or a legal practitioner of a civil court. medical practitioner means a person who is registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners. member below non‑commissioned rank means a defence member who is not an officer, an officer cadet, a warrant officer or a non‑commissioned officer. minor disciplinary infringement provision has the meaning given by subsection 9D(3). mutiny means a combination between persons who are, or of whom at least 2 are, members of the Defence Force:  (a) to overthrow lawful authority in the Defence Force or in an allied force; or  (b) to resist such lawful authority in such a manner as to prejudice substantially the operational efficiency of the Defence Force or of, or of a part of, an allied force. non‑commissioned officer means:  (a) a sailor holding a rank not higher than the rank of chief petty officer and not lower than the rank of leading seaman;  (b) a soldier holding a rank not higher than the rank of staff sergeant and not lower than the rank of lance‑corporal; or  (c) an airman holding a rank not higher than the rank of flight sergeant and not lower than the rank of corporal. officer means:  (a) in relation to the Australian Navy—a person appointed as an officer of the Australian Navy, including a person who holds the rank in the Australian Navy of Acting Sub‑Lieutenant or of Midshipman; and  (b) in relation to the Australian Army and the Australian Air Force—a person appointed as an officer of the Australian Army or the Australian Air Force. officer cadet means a defence member who holds a rank of:  (a) in the Navy—midshipman; or  (b) in the Army—staff cadet or officer cadet; or  (c) in the Air Force—officer cadet. order includes:  (a) a general order; and  (b) a command given to a member of the Defence Force by a superior officer. overseas court means a court of a place outside Australia that has jurisdiction to try charges of offences against the law of that place. overseas offence means an offence against a law of a place outside Australia. Part IA record has the meaning given by section 9JB(2). place of confinement means:  (a) a civil detention facility; or  (b) a detention centre. police member means:  (a) a service police officer; or  (b) a sailor, soldier or airman who is a member of a police corps or service. prescribed acquittal means an acquittal of a service offence by a court martial or a Defence Force magistrate on the ground of unsoundness of mind. prescribed defence member has the meaning given by section 9CA. President, in relation to a court martial, means the President of the court martial. prisoner means a convicted person on whom a punishment of imprisonment has been imposed. proclaimed date means the date fixed for the purposes of subsection 2(2). prohibited drug means:  (a) a border controlled drug (within the meaning of Part 9.1 of the Criminal Code); or  (b) a border controlled plant (within the meaning of Part 9.1 of the Criminal Code); or  (c) an anabolic steroid (within the meaning of Part 8 of the Crimes Act 1900 of the Australian Capital Territory). property includes:  (a) real property; and  (b) personal property; and  (c) money; and  (d) a thing in action or other intangible property; and  (e) electricity; and  (f) a wild creature that is:  (i) tamed; or  (ii) ordinarily kept in captivity; or  (iii) reduced (or in the course of being reduced) into the possession of a person. public place, in relation to a service offence, includes a place that at the time of the commission of the offence:  (a) was used by the public; or  (b) was open to the public, whether or not on the payment of money. punishment includes a combination of punishments. receive, in relation to property, includes handle, retain, remove, dispose of or realize the property. reduced punishment has the meaning given by subsection 9G(3). Registrar means the Registrar of Military Justice appointed under section 188FB. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. relevant Territory offence, in relation to an offence against section 61, means the Territory offence on which the offence against section 61 is based. removal order means an order under subsection 84A(2). reparation order means an order under section 84. Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve. restitution order means an order under section 83. review means a review by a reviewing authority, or by the Chief of the Defence Force or a service chief, in accordance with Part VIIIA, of the proceedings of a service tribunal. reviewing authority means a reviewing authority appointed under section 150. rules of procedure means the following:  (a) the Summary Authority Rules;  (b) the Court Martial and Defence Force Magistrate Rules. sailor means a member of the Australian Navy, not being an officer.