CTHIn ForceLegislation
Defence Regulation 2016
68TADefinitions
Start here
Get a plain-English read of 68TA
Turn the raw legal text into a practical explanation grounded in Defence Regulation 2016.
#### 68TA Definitions
> In this Part:
> aircraft has the same meaning as in the Civil Aviation Act 1988.
> ASA means the Australian Submarine Agency.
> ASD means the Australian Signals Directorate.
> authorised person means a person:
(a) who is:
(i) a member of the Australian Defence Force; or
(ii) an AFP appointee (within the meaning of the Australian Federal Police Act 1979); or
(iii) a member of the police force or police service of a State or Territory; or
(iv) authorised by the Secretary or the Chief of the Defence Force under subsection 68TC(1) to be an authorised person; or
(v) authorised by the Head of ASA under subsection 68TC(3) to be an authorised person; or
(vi) authorised by the Director‑General of ASD under subsection 68TC(5) to be an authorised person; and
(b) who has appropriate training, qualifications, skills or experience in conducting counter‑UXS measures.
> counter‑UXS measures includes, but is not limited to, the following measures:
(a) measures to identify a UXS device;
(b) measures to detect and track a UXS device;
(c) measures to disable a UXS device;
(d) measures to interfere with, or manipulate, the operation of a UXS device (including diverting or re‑routing the device);
(e) measures to take control of a UXS device;
(f) measures to modify a UXS device;
(g) measures to seize, capture or detain a UXS device;
(h) measures to destroy a UXS device;
(i) measures to exploit a UXS device (including using the device for defence purposes).
> defence asset means any of the following:
(a) a vehicle, vessel or aircraft that is owned by the Commonwealth for use by the Australian Defence Force or the Department;
(b) a vehicle, vessel or aircraft belonging to, or operated by, a visiting force within the meaning of the Defence (Visiting Forces) Act 1963;
(c) an asset declared for the purposes of this paragraph by the Minister under section 68TD.
> Defence contractor means a person who is engaged to perform either or both of the following kinds of services for the Department, the Australian Defence Force, the ASA or the ASD:
(a) security services;
(b) services in relation to counter‑UXS measures.
> defence premises has the meaning given by subsection 71A(1) of the Act.
> personal information has the same meaning as in the Privacy Act 1988.
> protected defence area means any of the following:
(a) a defence area;
(b) a defence aviation area;
(c) defence premises;
(d) any of the following that is in Australia, and is owned or occupied by the Commonwealth for use by the ASA or the ASD:
(i) an area of land or any other place (whether or not it is enclosed or built on);
(ii) a building or other structure;
(e) a defence prohibited area as mentioned in subsection 87(2);
(f) a defence practice area as mentioned in subsection 87(3);
(g) an area of land declared by the Minister under section 116Q of the Act;
(h) a restricted area within the meaning of the Defence (Special Undertakings) Act 1952;
(i) naval waters within the meaning of the Control of Naval Waters Act 1918;
(j) a Commonwealth explosives area within the meaning of section 13 of the Explosives Act 1961;
(k) an area declared for the purposes of this paragraph by the Minister under section 68TE of this instrument.
> sensitive information has the same meaning as in the Privacy Act 1988.
> UXS device: see section 68TB.
> vessel has the same meaning as in the Navigation Act 2012.