Document ID: chunk:federal_register_of_legislation:C2006C00150:section:12:p1
Version: federal_register_of_legislation:C2006C00150
Segment Type: section
Provision Reference: s 12 (pt 1/2)
Character Range: 26177–28913

12  Definitions

 (1) In this Part:

authority, in relation to the Commonwealth, includes:
 (a) a body corporate, or an unincorporated body, established for a public purpose by or in accordance with an Act; and
 (b) a court, tribunal or authority established by or in accordance with an Act;
for example:
 (c) the Administrative Appeals Tribunal; and
 (d) the Australian Federal Police.

non‑federal proceeding means:
 (a) a proceeding in relation to which:
 (i) paragraphs 1383(1)(a), (b) and (d) of the Corporations Act 2001 are satisfied but paragraph 1383(1)(e) of that Act is not satisfied; or
 (ii) paragraphs 267(1)(a), (b) and (d) of the Australian Securities and Investments Commission Act are satisfied but paragraph 267(1)(e) of that Act is not satisfied; or
 (b) an enforcement proceeding, or an appeal or review proceeding, in relation to an order of a court made before the commencement in relation to a proceeding that was:
 (i) under a provision of the old corporations legislation of a State or Territory in this jurisdiction; or
 (ii) brought as, or connected with, a prosecution for an offence against a provision of the old corporations legislation of a State or Territory in this jurisdiction; or
 (iii) under a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory; or
 (iv) brought as, or connected with, a prosecution for an offence against a provision of the old ASIC legislation of the Commonwealth, a State in this jurisdiction or the Northern Territory; or
 (c) an enforcement proceeding, or an appeal or review proceeding, in relation to an order of a court made after the commencement in relation to a proceeding referred to in paragraph (a).

officer, in relation to the Commonwealth, includes:
 (a) a Minister; and
 (b) a person holding:
 (i) an office established by or under an Act; or
 (ii) an appointment made under an Act; or
 (iii) an appointment made by the Governor‑General or a Minister but not under an Act; and
 (c) a person who is a member or officer of an authority of the Commonwealth; and
 (d) a person who is in the service or employment of the Commonwealth, or of an authority of the Commonwealth, or is employed or engaged under an Act;
for example:
 (e) a member or special member of the Australian Federal Police; and
 (f) the Director of Public Prosecutions; and
 (g) the Ombudsman; and
 (h) the Privacy Commissioner; and
 (i) a Special Prosecutor.

old ASIC legislation has the same meaning as in section 254 of the Australian Securities and Investments Commission Act 2001.

old corporations legislation has the same meaning as in section 1371 of the Corporations Act 2001.

transitional national scheme function or power