Document ID: chunk:federal_register_of_legislation:C2018C00175:section:3:p1
Version: federal_register_of_legislation:C2018C00175
Segment Type: section
Provision Reference: s 3 (pt 1/5)
Character Range: 8767–11497

3  Interpretation
 (1) In this Act, unless the contrary intention appears:
adjudicative function, in relation to a tribunal, means the function of determining the rights or liabilities of a person in a proceeding in which there are 2 or more parties, including the function of making a determination:
 (a) altering those rights or liabilities; or
 (b) relating to any matters of a kind mentioned in section 48.
appearance means:
 (a) in Division 1 of Part 2—an appearance within the meaning of section 14; and
 (b) in Division 2 of Part 4—an appearance within the meaning of section 49.
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
audiovisual link means facilities that enable audio and visual communication between persons in different places.
Australia includes the external Territories.
authority means a judge, magistrate, coroner or officer of a court appointed or holding office under a law of a State.
Note: Section 81A alters the meaning of this term for the purposes of Part 5.
authority of issue, in relation to a process, means the authority by which the process was issued.
civil proceeding means a proceeding other than a criminal proceeding.
company means a company incorporated, or taken to be incorporated, under the Corporations Act 2001.
court, except in Part 7, means a court of a State and includes an authority exercising the powers of such a court.
court of issue, in relation to a process, means the court by which the process was issued.
criminal proceeding means:
 (a) a prosecution for an offence; or
 (b) a procedure, other than a prosecution, that, under a law of a State, may be used:
 (i) to determine liability for an offence; or
 (ii) to impose a penalty for an offence; or
 (c) a proceeding that is related to or associated with a prosecution for an offence or a procedure mentioned in paragraph (b);
but does not include:
 (d) a claim for compensation; or
 (e) a proceeding under proceeds of crime legislation.
cross‑border laws means the following:
 (a) the cross border laws of a participating jurisdiction, within the meaning of the Cross‑Border Justice Act 2008 of Western Australia;
 (b) the laws of a State, or provisions of a law of a State, that are prescribed by the regulations for the purposes of this paragraph.
custodian, in relation to a person in prison, means the officer in charge of the institution or place at which the person is detained.
evidence that relates to matters of state means evidence the adducing of which would:
 (a) prejudice the security, defence or international relations of Australia; or
 (b) damage relations between the Commonwealth and a State or relations between 2