5Interpretation

#### 5 Interpretation (1) In this Act: > the First Convention means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 1. > the Second Convention means the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annex to that Convention) is set out in Schedule 2. > the Third Convention means the Geneva Convention relative to the Treatment of Prisoners of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 3. > the Fourth Convention means the Geneva Convention relative to the Protection of Civilian Persons in Time of War, adopted at Geneva on 12 August 1949, a copy of which Convention (not including the annexes to that Convention) is set out in Schedule 4. > the Conventions means the First Convention, the Second Convention, the Third Convention and the Fourth Convention. (1A) In this Act: > Protocol I means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), done at Geneva on 10 June 1977, a copy of the English text of which is set out in Schedule 5. > Protocol III means the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III), done at Geneva on 8 December 2005, a copy of the English text of which is set out in Schedule 6. (2) In this Act, unless the contrary intention appears: > Australia includes the Territories. > court does not include: (a) a service tribunal within the meaning of the Defence Force Discipline Act 1982; or (b) a military court. > protected internee means a person protected by the Fourth Convention and interned in Australia. > protected prisoner of war means a person protected by the Third Convention or a person who is a prisoner of war for the purposes of Protocol I. > the protecting power, in relation to a protected prisoner of war or a protected internee, means the power or organization which is carrying out, in the interests of the power of which he or she is a national, or of whose forces he or she is, or was at any material time, a member, the duties assigned to protecting powers under the Third Convention, the Fourth Convention or Protocol I, as the case may be. (3) If the ratification on behalf of Australia of any of the Conventions or of Protocol I or Protocol III is subject to a reservation or is accompanied by a declaration, that Convention or that Protocol shall, for the purposes of this Act, have effect and be construed subject to and in accordance with that reservation or declaration.