Document ID: chunk:federal_register_of_legislation:C2024C00480:section:5:p1
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 15891–18671

5  The Dictionary
  In this Act:
acquisition of property: see section 174.
affected:
 (a) for when a model's registration in relation to a product class is affected by a replacement determination—see subsection 13(3); and
 (b) for when a person is affected by a reviewable decision—see section 164.
agency means:
 (a) a Department of State; or
 (b) any agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory.
Australia, when used in a geographical sense, includes the external Territories.
authorised to test GEMS products in a product class: see section 125.
category A product for a product class: see subsection 11(4) and section 29.
category B product for a product class: see subsection 11(4) and section 29.
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Climate Change Convention means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as amended and in force for Australia from time to time.
Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
Commonwealth place means a place referred to in paragraph 52(i) of the Constitution.
compliance obligation: each of the following is a compliance obligation:
 (a) an offence against this Act;
 (b) a civil penalty provision of this Act;
 (c) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
constitutional trade or commerce means trade or commerce:
 (a) between Australia and a place outside Australia; or
 (b) among the States; or
 (c) between a State and a Territory; or
 (d) between 2 Territories; or
 (e) within a Territory.
contact person, for a registration, means a contact person currently entered in the GEMS Register in relation to the registration.
contravene an offence or civil penalty provision has a meaning affected by section 6.
Note: The meaning of contravention is correspondingly affected (see section 18A of the Acts Interpretation Act 1901).
covered by: a product class is covered by a GEMS determination if:
 (a) the GEMS determination specifies that it covers the product class (see subsection 11(2)); and
 (b) the GEMS determination is in force (see sections 34 and 35).
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
family of models: see subsection