3Definitions

3 Definitions

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

ASIC means the Australian Securities and Investments Commission.

Australian court means:

(a) the High Court; or
(b) a court exercising federal jurisdiction; or
(c) a court of a State or Territory; or
(d) a judge, justice or arbitrator under an Australian law; or
(e) a person or body authorised by an Australian law, or by consent of parties, to hear, receive and examine evidence;

and, for the purposes of Part 6, includes a person or body authorised to take or receive evidence, whether on behalf of a court or otherwise and whether or not the person or body is empowered to require the answering of questions or the production of documents.

Australian law means a law (whether written or unwritten) of or in force in the Commonwealth, a State or a Territory.

business has a meaning affected by clause 1 of Part 2 of the Dictionary in the Evidence Act 1995.

business record means a document that:

(a) is or forms part of the records belonging to or kept by a person, body or organisation in the course of, or for the purposes of, a business; or
(b) at any time was or formed part of such a record.

civil proceeding means a proceeding other than a criminal proceeding.

Convention means the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a copy of the English text of which is set out in the Schedule.

criminal proceeding means a prosecution for an offence and includes a proceeding for the committal of a person for trial or sentence for an offence, but does not include a prosecution for an offence that is a prescribed taxation offence within the meaning of Part III of the Taxation Administration Act 1953.

designated offence means:

(a) an offence against subsection 34GD(8) of the Australian Security Intelligence Organisation Act 1979, if the questioning warrant to which the offence relates is a PMV‑related questioning warrant; or
(b) an offence against section 49 of the Aviation Transport Security Act 2004; or
(c) an offence against either of the following provisions of the Charter of the United Nations Act 1945:
(i) Part 4 of that Act;
(ii) Part 5 of that Act, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008; or
(d) an offence against Subdivision A of Division 72 of the Criminal Code; or
(da) an offence against Subdivision B of Division 80 of the Criminal Code; or
(db) an offence against Division 82 of the Criminal Code (sabotage); or
(e) an offence against Part 5.3 of the Criminal Code; or
(ea) an offence against Part 5.3A of the Criminal Code (state sponsors of terrorism); or
(f) an offence against Part 5.4 of the Criminal Code; or
(fa) an offence against Part 5.5 of the Criminal Code; or
(h) an offence against Division 1 of Part 2 of the Crimes (Aviation) Act 1991; or
(i) an offence against section 8 of the Crimes (Biological Weapons) Act 1976; or
(k) an offence against section 8 of the Crimes (Hostages) Act 1989; or
(l) an offence against the Crimes (Internationally Protected Persons) Act 1976; or
(m) an offence against section 6 of the Crimes Act 1914 that relates to an offence mentioned in any of the above paragraphs.