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Defence Regulation 2016
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#### 6 Definitions
(1) In this instrument:
> Act means the Defence Act 1903.
> air turbulence means a movement of air with an upward vertical velocity of 4.3 metres per second.
> Australian court means a federal court or a court of a State or Territory.
> Australian Government officer means:
(a) a person who holds an office or appointment under a law of the Commonwealth; or
(b) an APS employee; or
(c) a person employed by a body corporate incorporated for a public purpose under a law of the Commonwealth; or
(d) a contractor engaged by the Commonwealth or by a body corporate mentioned in paragraph (c).
> Australian tribunal means a tribunal of the Commonwealth, a State or a Territory.
> authorised application officer: see subsection 37B(2).
> authorised complaint recipient: see subsection 39(2).
> change a period of service: see subsection 18(3).
> committee of management of an unincorporated association or body of persons means the body (however described) that governs, manages or conducts the affairs of the association or body.
> Commonwealth land means land owned or occupied by the Commonwealth, but does not include land leased from the Commonwealth unless the lease is subject to a condition that the land may be used by the Defence Force for carrying out a defence operation or practice.
> competent officer: see section 52.
> covered service: see paragraph 25(1)(c).
> death certificate means a death certificate or a corrected death certificate issued under Part 10.
> decision has the same meaning as in the Administrative Review Tribunal Act 2024.
> defence area: see subsection 58(1).
> defence award: see section 36.
> defence honour: see section 35.
> defence materiel means goods for use for defence purposes, and includes the following:
(a) goods being developed for defence purposes;
(b) goods being tested for use for defence purposes;
(c) goods being tested for the use of similar goods for defence purposes.
> enlisted member means a member other than an officer.
> enlisted rank means:
(a) in relation to the Navy—a rank below the rank of Midshipman; or
(b) in relation to the Army and the Air Force—a rank below the rank of Officer Cadet.
> harass on the ground of sex has the same meaning as in the Sex Discrimination Act 1984.
> Note: Other parts of speech and grammatical forms of “harass on the ground of sex” (for example, “harassment on the ground of sex”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
> initial obligation amount: see subsection 25(3).
> interest, in relation to land, has the same meaning as in the Lands Acquisition Act 1989.
> interests of the Defence Force: see subsection (2).
> intimate image has the same meaning as in the Online Safety Act 2021.
> Ministerial declaration means a declaration by the Minister under section 117AC of the Act declaring an area to be a defence aviation area.
> object includes a tree, any other natural obstacle, a building, vehicle, vessel or machine.
> pay includes all remuneration, allowances and other benefits under Part IIIA of the Act.
> police officer means:
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
> prohibited letters: see section 75.
> prohibited words: see section 74.
> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
> respondent, in relation to an alleged contravention of Division 2 of Part 3‑5A of the Fair Work Act 2009: see section 37C of this instrument.
> service chief: see subsection 7(2).
> service debt calculation method: see subsection 25(4).
> service obligation debt: see subsection 25(1).
> service offence has the same meaning as in the Defence Force Discipline Act 1982.
> sexually harass has the meaning given by section 28A of the Sex Discrimination Act 1984.
> Note: Other parts of speech and grammatical forms of “sexually harass” (for example, “sexual harassment”) have a corresponding meaning (see section 18A of the Acts Interpretation Act 1901).
> sexual violence has the meaning given by section 24A.
> stop sexual harassment direction means a direction under section 37F.
(2) Reasons for something being or not being in the interests of the Defence Force include reasons relating to one or more of the following:
(a) a member’s performance;
(b) a member’s behaviour (including any convictions for criminal or service offences);
(c) a member’s suitability to serve:
(i) in the Defence Force; or
(ii) in a particular role or rank;
(ca) a member’s failure to meet one or more conditions of the member’s enlistment, appointment or promotion;
(d) workforce planning in the Defence Force;
(e) the effectiveness and efficiency of the Defence Force;
(f) the morale, welfare and discipline of the Defence Force;
(g) the reputation and community standing of the Defence Force.