3Interpretation

3 Interpretation

(1) In this Act, unless the contrary intention appears:

Commonwealth epidemiological study means an epidemiological study conducted by, or on behalf of, the Commonwealth.

court includes a tribunal, authority or person having power to require the production of documents or the answering of questions, but does not include the Commonwealth Ombudsman.

document includes any record of information, however recorded or stored, whether in written or printed form, on film, by electronic means or otherwise and, without limiting the generality of the foregoing, includes an article containing an image produced by photography, x‑rays or otherwise.

epidemiological study means a study of:

(a) the incidence or distribution, within the population of a country, or a part of a country, or within a particular group of persons, or within a sample or sub‑sample of such a population or group, of:
(i) a disease;
(ii) a physical or mental state; or
(iii) a condition, circumstance, occurrence, activity, form of behaviour, course of conduct, or state of affairs, that is or may be disadvantageous to, or result in a disadvantage to, the person concerned or to the community; or
(b) the factors responsible for such an incidence or distribution;

or both, and includes a series of such studies.

prescribed study means:

(a) the Vietnam Veterans Study; or
(b) a Commonwealth epidemiological study declared by the regulations to be a study to which this Act applies.

Vietnam Veterans Study means the Commonwealth epidemiological study that commenced in 1980 in relation to:

(a) persons who were members of the Defence Force at any time between 1 January 1962 and 31 December 1972, whether or not they served in Vietnam; and
(b) members of the Australian Public Service who served in Vietnam at any time between 1 January 1962 and 31 December 1972.

(2) A reference in this Act to a person who has assisted, or is assisting, in the conduct of an epidemiological study includes a reference to a person who has conducted, or is conducting, or has supervised or is supervising the conduct of, the study but does not include a reference to a person who has assisted, or is assisting, in the conduct of the study by reason only that he or she was or is one of the persons to whom the study related or relates or has provided, or is providing, information about one of the persons (whether himself, herself or another person) to whom the study related or relates. (3) A reference in this Act to information concerning the affairs of a person shall be read as including: (a) a reference to information as to the existence or non‑existence of a document concerning the affairs of a person; and (b) a reference to information relating to the whereabouts of a document concerning the affairs of a person. (4) Unless the contrary intention appears, a reference in this Act to information or a document concerning the affairs of a person includes a reference to information or a document, as the case may be, concerning the affairs of a deceased person.