Document ID: chunk:federal_register_of_legislation:C2017C00397:section:5:p2
Version: federal_register_of_legislation:C2017C00397
Segment Type: section
Provision Reference: s 5 (pt 2/3)
Character Range: 5885–8306

force or a part of that visiting force; or
 (ii) an organization established for the benefit or welfare of members of that visiting force and recognized by the designated authority of the sending country;
 (b) is serving with an organization that is accompanying that visiting force; or
 (c) is attached to or is accompanying that visiting force and, in accordance with the law of the sending country, is subject to the service law of that country;
but does not include a dependant of a member of that visiting force or of a person referred to in paragraph (a), (b) or (c).
 (4) A reference in this Act to a person's having at any time a relevant association with a visiting force shall be read as a reference to his or her being at that time:
 (a) a member of that visiting force or of a civilian component of that force; or
 (b) a person who, not being an Australian citizen or a person ordinarily resident in Australia, is a dependant of a member of the visiting force or of a member of a civilian component of that force.
 (5) In determining, for the purposes of this Act, whether a person is, or was at any time, ordinarily resident in Australia, account shall not be taken of any period during which that person has been or intends to be present in Australia while being:
 (a)  a member of a visiting force or of a civilian component of a visiting force; or
 (b) a dependant of a member of a visiting force or of a member of a civilian component of a visiting force.
 (6)  For the purposes of this Act, a member of a force of a country that (by whatever name called) is in the nature of a reserve or auxiliary force shall be deemed to be a member of the forces of that country so long as, but only so long as, he or she is called into actual service (by whatever expression described) with those forces or is called out for training with those forces, and any references in this Act to a person's becoming a member of the forces of a country shall be construed accordingly.
 (7) A reference in any provision of this Act to the designated authority of a country shall be read as a reference to such authority as is designated for the purposes of that provision by the appropriate authority or officer of that country.
 (8) A reference in any provision of this Act to trial by a court shall be read as including a reference to hearing and determination by a court of summary jurisdiction of a charge that a person has