5Definitions

#### 5 Definitions In this Act, unless the contrary intention appears: > Accreditation Rules means regulations made under section 10A of the Family Law Act 1975. > administrative affairs of the Federal Circuit Court of Australia has a meaning affected by subsection 89(2). > 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. > Australian court means a federal court or a court of a State or Territory. > beneficiary, in respect of a payment under clause 9D of Schedule 1, has the meaning given by subclause 9D(4) of that Schedule. > Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Circuit Court of Australia. > Note: The Chief Executive Officer is appointed under section 96A. A person is appointed to act as the Chief Executive Officer under section 96J. > Child Support (Assessment) Act 1989 includes regulations under that Act. > Child Support (Registration and Collection Act) 1988 includes regulations under that Act. > commencement day means the day on which Schedules 1 and 2 to the Federal Circuit Court of Australia Legislation Amendment Act 2012 commenced. > Commonwealth officer or employee means a person who: (a) is appointed or engaged under the Public Service Act 1999; or (b) is appointed under another law of the Commonwealth; or (c) holds an office established by a law of the Commonwealth; or (d) is employed by a public authority of the Commonwealth; or (e) is a member of the Defence Force; or (f) is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979). > Commonwealth superannuation contribution, in respect of a Judge or retired disabled Judge, means a Commonwealth contribution to the Judge’s choice of: (a) a complying superannuation fund (within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993); or (b) a retirement savings account (within the meaning of section 8 of the Retirement Savings Accounts Act 1997). > Commonwealth tenancy dispute means a matter: (a) involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about: (i) the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or (ii) the termination of the lease, licence or other arrangement; or (iii) the possession, occupation or use of the land; and (b) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party. > complaint means a complaint mentioned in paragraph 12(3)(c). > complaint handler means: (a) the Chief Judge; or (b) a person who is authorised by the Chief Judge under subsection 12(3AB); or (c) a person who is a member of a body that is authorised by the Chief Judge under subsection 12(3AB). > conveyance includes a vehicle, a vessel and an aircraft. > corporate services of the Federal Circuit Court of Australia has the meaning given by subsection 89(2A). > Division means the General Division or the Fair Work Division of the Federal Circuit Court of Australia. > dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night. > eligible child has the meaning given by clause 9F of Schedule 1. > eligible spouse has the meaning given by clause 9E of Schedule 1. > family consultant means a family consultant within the meaning of the Family Law Act 1975. > Family Court means the Family Court of Australia. > Family Law Act 1975 includes regulations under that Act. > Family law or child support proceedings means proceedings under: (a) the Family Law Act 1975; or (b) the Child Support (Assessment) Act 1989; or (c) the Child Support (Registration and Collection) Act 1988. > Federal Court means the Federal Court of Australia. > handle a complaint means do one or more of the following acts relating to the complaint: (a) consider the complaint; (b) investigate the complaint; (c) report on an investigation of the complaint; (d) deal with a report of an investigation of the complaint; (e) dispose of the complaint; (f) refer the complaint to a person or body. > Judge: (a) means a Judge (including the Chief Judge) who holds office under this Act; and (b) when used in the expression the Federal Circuit Court of Australia or a Judge, means a Judge sitting in Chambers. > judgment means a judgment, decree or order, whether final or interlocutory, or a sentence, and includes a decree within the meaning of the Family Law Act 1975. > living with a person has the meaning given by subclause 9E(8) of Schedule 1. > marital or couple relationship has the meaning given by subclause 9E(5) of Schedule 1. > partner: a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes). > police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory. > premises includes a place and a conveyance. > prior judicial service, in relation to a retired disabled Judge, means service, prior to the Judge’s appointment as a Judge, as one of the following: (a) a Justice or Judge of a federal court; (b) the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court; (c) a Judge of the Federal Circuit Court of Australia; (d) a Judge or acting Judge of a court of a State or Territory; (e) a magistrate of a State or Territory; (f) in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges—a holder of the office (including an acting holder). > Note: If the Judge was appointed as a Judge more than once, see section 5A. > proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal. > public authority of the Commonwealth means: (a) a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or (b) an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or (c) an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control. > Registrar means a Registrar of the Federal Circuit Court of Australia. > relevant belief: a person has a relevant belief in relation to a complaint about a Judge if: (a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or (b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated: (i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or (ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Federal Circuit Court of Australia. > retired disabled Judge means a person certified by the Minister to be a retired disabled Judge under paragraph 9A(2)(a) of Schedule 1. > retires, in relation to a Judge, means ceases, otherwise than by death, to hold any office as a Judge. > Rules of Court means Rules of Court made under this Act. > video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.