8Definitions

#### 8 Definitions In this Act: > ACIC means the agency known as the Australian Criminal Intelligence Commission established by the Australian Crime Commission Act 2002. > affected agency, in relation to a machinery of government change: see section 73A. > agency has the meaning given by section 71. > allocation, in relation to a disclosure: (a) means the allocation of the handling of the disclosure under section 43; and (b) includes the reallocation of the handling of the disclosure as decided under section 45. Example: One situation in which a disclosure may be reallocated under section 45 is in response to a recommendation by the Ombudsman or the IGIS under section 55. > another law or power means: (a) a law of the Commonwealth (including procedures under such a law), other than this Act; or (b) the executive power of the Commonwealth. > Australia, when used in a geographical sense, includes the external Territories. > Australian legal practitioner has the same meaning as in the Evidence Act 1995. > Australian police force means the Australian Federal Police or the police force of a State or Territory. > authorised internal recipient has the meaning given by section 34. > authorised officer has the meaning given by section 36. > belongs: section 69 sets out when a public official belongs to an agency. > Cabinet information means: (a) information contained in a document that is an exempt document under section 34 of the Freedom of Information Act 1982; or (b) information the disclosure of which would involve the disclosure of any deliberation, or decision, of the Cabinet or a committee of the Cabinet. > change time, in relation to a machinery of government change: see section 73A. > chief executive officer has the meaning given by subsection 73(2). > Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > Commonwealth contract has the meaning given by subsections 30(3) and (4). > Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > Commonwealth tribunal means: (a) a body established as a tribunal by or under a law of the Commonwealth; or (b) a statutory officeholder prescribed by the PID rules for the purposes of this paragraph. > completed, in relation to an investigation under Division 2 of Part 3, has the meaning given by subsection 52(2). > contracted service provider has the meaning given by subsection 30(2). > corruption issue has the same meaning as in the National Anti‑Corruption Commission Act 2022. > Defence Department means the Department administered by the Minister administering Part III of the Defence Act 1903, and includes: (a) the Defence Force; and (b) the Australian Defence Force Cadets. > Department means: (a) a Department of State (including the Defence Department), excluding any part that is itself a Commonwealth entity; or (b) a Department of the Parliament that is established under the Parliamentary Service Act 1999. > designated publication restriction means any of the following: (a) section 121 of the Family Law Act 1975; (b) section 91X of the Migration Act 1958; (c) section 110X of the Child Support (Registration and Collection) Act 1988; (d) a non‑publication order (within the meaning of Part XAA of the Judiciary Act 1903) of any court; (e) a suppression order (within the meaning of Part XAA of the Judiciary Act 1903) of any court; (f) an order under section 31, 38J or 38L of the National Security Information (Criminal and Civil Proceedings) Act 2004; (g) an order under section 28 of the Witness Protection Act 1994; (h) an order under subsection 70(1) or (2) or 157(3) of the Administrative Review Tribunal Act 2024; (ia) section 21C of the Australian Crime Commission Act 2002; (j) a direction under subsection 25A(9) of the Australian Crime Commission Act 2002; (k) section 29B of the Australian Crime Commission Act 2002; (l) section 98 or 101, or subsection 233(3), of the National Anti‑Corruption Commission Act 2022. > detriment has a meaning affected by section 13. > disclosable conduct has the meaning given by Subdivision B of Division 2 of Part 2. > disclose includes re‑disclose. > disclosure investigation means: (a) an investigation under Division 2 of Part 3; or (b) an investigation, in relation to a disclosure that is allocated under Division 1 of Part 3, by an investigative agency under a separate investigative power. > emergency disclosure means a public interest disclosure covered by item 3 of the table in subsection 26(1). > engage in conduct means: (a) do an act; or (b) omit to do an act. > examiner of ACIC has the meaning given by the Australian Crime Commission Act 2002. > external disclosure means a public interest disclosure covered by item 2 of the table in subsection 26(1). > Federal Court means the Federal Court of Australia. > foreign country includes: (a) a colony or overseas territory; and (b) a territory outside Australia, where a foreign country is to any extent responsible for the international relations of the territory; and (c) a territory outside Australia that is to some extent self‑governing, but that is not recognised as an independent sovereign state by Australia. > foreign government means the government of a foreign country. > foreign public official has the same meaning as in Division 70 of the Criminal Code. > identifying information has the meaning given by paragraph 20(1)(b). > IGIS means the Inspector‑General of Intelligence and Security. > information, in relation to a disclosure, includes an allegation made in conjunction with another disclosure of information. > intelligence agency means: (a) the Australian Secret Intelligence Service; or (b) the Australian Security Intelligence Organisation; or (c) the Australian Geospatial‑Intelligence Organisation; or (d) the Defence Intelligence Organisation; or (e) the Australian Signals Directorate; or (f) the Office of National Intelligence. > intelligence function, in relation to ACIC or the Australian Federal Police, has the meaning given by the Inspector‑General of Intelligence and Security Act 1986. > intelligence information has the meaning given by section 41. > internal disclosure means a public interest disclosure that: (a) is covered by item 1 of the table in subsection 26(1); or (b) is an allegation made in conjunction with such a disclosure. > international organisation means an organisation: (a) of which Australia and one or more foreign countries are members; or (b) that is constituted by a person or persons representing Australia and a person or persons representing one or more foreign countries. > investigate, in relation to a disclosure, has the meaning given by subsections 47(2) and (3). > investigative agency means: (a) the Ombudsman; or (b) the IGIS; or (c) an agency that is prescribed by the PID rules to be an investigative agency for the purposes of this Act. > judicial officer has the meaning given by subsection 32(2). > legal practitioner disclosure means a public interest disclosure covered by item 4 of the table in subsection 26(1). > legal professional privilege includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995 or under a corresponding law of a State or Territory. > machinery of government change: see section 73A. > member of the staff of the chief executive officer of a court or Commonwealth tribunal has the meaning given by subsection 32(3). > NACC disclosure has the same meaning as in the National Anti‑Corruption Commission Act 2022. > new agency, in relation to a machinery of government change: see section 73A. > official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009. > Ombudsman means the Commonwealth Ombudsman. > personal work‑related conduct: see section 29A. > PID rules (short for Public Interest Disclosure Rules) means the rules made by the Minister under section 83. > position, in relation to a public official, includes office or situation. > prescribed authority has the meaning given by section 72. > principal officer, in relation to an agency, has the meaning given by section 73. > provides assistance: for when a person provides assistance in relation to a disclosure, see section 12A (Witnesses—immunity from liability etc.). > public interest disclosure has the meaning given by Subdivision A of Division 2 of Part 2. > public official has the meaning given by Subdivision A of Division 3 of Part 4. > recipient, in relation to a disclosure of information, means the person to whom the information is disclosed. > relates: section 35 sets out when conduct relates to an agency. > reprisal: see the definition of takes a reprisal in section 13. > Royal Commission has the meaning given by the Royal Commissions Act 1902. > sensitive law enforcement information has the meaning given by subsection 41(2). > separate investigative power has the meaning given by subsection 49(2). > statutory officeholder has the meaning given by subsection 69(2). > stop action direction under the NACC Act means a direction under subsection 43(1) of the National Anti‑Corruption Commission Act 2022 (including as applied by section 211 of that Act) to stop taking action in relation to a corruption issue or a NACC corruption issue. > supervisor, in relation to a person who makes a disclosure, is a public official who supervises or manages the person making the disclosure. > takes a reprisal has the meaning given by section 13. > transferred function, in relation to a machinery of government change: see section 73A. ## Part 2—Protection of disclosers and witnesses