Document ID: chunk:federal_register_of_legislation:C2025C00095:section:3:p10
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 3 (pt 10/13)
Character Range: 37787–40089

action in the furtherance of the duties of that office, shall, for the purposes of this Act, be deemed not to be action taken by that Department.
 (6) For the purposes of this Act, action that is taken by an officer of a prescribed authority shall be deemed to be taken by the authority:
 (a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority, whether or not:
 (i) the action is taken for or in connexion with, or as incidental to, the performance of the functions of the prescribed authority; or
 (ii) the taking of the action is within the duties of the officer; or
 (b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
 (6A) For the purposes of this Act, action that is taken by a member of the Defence Force shall be deemed to be taken by the Defence Force if the member takes, or purports to take, the action by virtue of his or her being a member of the Defence Force, whether or not:
 (a) the action is taken in connection with, in the course of, or as incidental to, his or her service as a member of the Defence Force; or
 (b) the taking of the action is within his or her duties as a member of the Defence Force.
 (6B) Action taken by any person or persons by way of, or in connection with, the appointment of a person to be the Chief of the Defence Force, the Chief of Navy, the Chief of Army or the Chief of Air Force is not action taken by the Defence Force or by a Department for the purposes of this Act.
 (6C) In this Act (other than subsection (6A)), unless the contrary intention appears, a reference to a member of the Defence Force or of an arm or part of the Defence Force includes a reference to:
 (a) a person who has been a member of the Defence Force or of that arm or part of the Defence Force; or
 (b) a deceased person who was at any time before his or her death a member of the Defence Force or of that arm or part of the Defence Force.
 (6D) For the purposes of this Act, action that is taken by an officer of a registered PPO is taken to have been taken by the registered PPO if the officer takes, or purports to take, the action because he or she is an officer of the registered PPO, whether or not:
 (a)