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Defence Reserve Service (Protection) Act 2001
7Definitions
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#### 7 Definitions
In this Act, unless the contrary intention appears:
> absent on defence service has the meaning given by section 24A and subsections 28(3) and (4).
> ADI (authorised deposit‑taking institution) means a corporation that is an ADI for the purposes of the Banking Act 1959.
> Australian education institution means an education institution (within the meaning of the Student Assistance Act 1973) in Australia.
> body administering an Australian education institution means:
(a) the institution (if it is a body corporate); or
(b) in any other case—the body or other person (including the Crown) who has ultimate responsibility for administering the institution.
> call out means an order under section 28, 33, 34, 35 or 36 of the Defence Act 1903.
> civil penalty provision has the same meaning as in the Regulatory Powers Act.
> commission agent means a person who:
(a) works for another person as the agent of that other person; and
(b) is wholly or partly remunerated by commission.
> company title interest, in relation to land, means a right:
(a) to occupy the land; or
(b) to occupy a building or part of a building erected on the land;
arising out of the holding of shares, or out of a contract to purchase shares, in a company that owns the land or building.
> contract of employment has the meaning given by section 10.
> contractor means a person who contracts to perform work for another person under a contract for services (other than as an employee).
> defence service means service (including training) as a member of the Reserves.
> dependant has the meaning given by section 9.
> employment includes:
(a) appointment or employment by the Commonwealth, a State or Territory; and
(b) appointment or employment by an authority of the Commonwealth or of a State or Territory (including a local government body); and
(c) an apprenticeship; and
(d) a traineeship arrangement; and
(e) full‑time, part‑time and casual work;
but does not include:
(f) work under a contract for services; or
(g) work as a commission agent.
> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
> financial arrangement has the meaning given by section 40A.
> harass has a meaning affected by subsection 23A(3).
> hire purchase agreement means a contract for the hire of goods where:
(a) the hirer has the right or obligation to buy the goods; and
(b) the charge that is or may be made for the hire, together with any other amount payable under the contract (including an amount to buy the goods or to exercise an option to do so), is more than the price of the goods; and
(c) title in the goods does not pass to the hirer until the option to purchase is exercised.
> land includes:
(a) buildings and improvements on land; and
(b) a legal or equitable estate or interest in land; and
(c) a right, power or privilege over, or in relation to, land; and
(d) a company title interest in land.
> loan includes the provision of credit or any other form of financial accommodation.
> member means a person who is, or has been, a member of a part of the Reserves, but does not include a person called upon to serve in the Defence Force under section 60 of the Defence Act 1903.
> operational service:
(a) subject to paragraph (d), includes defence service in circumstances involving one or more of the following:
(i) war (within the meaning of the Defence Act 1903) or warlike operations;
(ii) a time of defence emergency (within the meaning of the Defence Act 1903);
(iii) defence preparation;
(iv) peacekeeping or peace enforcement;
(v) assistance to Commonwealth, State, Territory or foreign government authorities and agencies in matters involving Australia’s national security or affecting Australian defence interests;
(vi) support to community activities of national or international significance;
(vii) civil aid, humanitarian assistance, medical or civil emergency or disaster relief; and
(b) subject to paragraph (d), includes defence service prescribed by the rules for the purposes of this paragraph; and
(c) subject to paragraph (d), includes defence service by a member involving:
(i) preparing to render particular operational service covered by paragraph (a) or (b); or
(ii) decompressing after rendering operational service covered by paragraph (a) or (b); and
(d) does not include defence service prescribed by the rules for the purposes of this paragraph.
> protected co‑worker has the meaning given by subsection 23A(5).
> protected period, in relation to a member who is rendering, or has rendered, defence service in relation to which Part 5 or Part 8 applies, means the shorter of the following periods:
(a) the period that begins immediately after the day on which the member ceased to render the defence service and that is equal to the length of that service;
(b) the period of 12 months beginning immediately after the day on which the member ceased to render that service.
> protected worker has the meaning given by subsection 23A(4).
> reasonable adjustment has the meaning given by subsection 38(4).
> Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
> Reserves has the same meaning as in the Defence Act 1903.
> rules means rules made under section 81.
> Secretary means Secretary of the Department.
> start day of service to which Part 8, 9 or 10 applies has the meaning given by subsection 13(3).
> this Act includes the rules.