Document ID: chunk:federal_register_of_legislation:C2025C00174:section:4:p9
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 4 (pt 9/10)
Character Range: 37473–40061

of this Act, the Department of Defence shall be deemed to include:
 (a) the Defence Force; and
 (b) the Australian Defence Force Cadets.
 (5) Without limiting the generality of the expression security of the Commonwealth, that expression shall be taken to extend to:
 (a) matters relating to the detection, prevention or suppression of activities, whether within Australia or outside Australia, subversive of, or hostile to, the interests of the Commonwealth or of any country allied or associated with the Commonwealth; and
 (b) the security of any communications system or cryptographic system of the Commonwealth or of another country used for:
 (i) the defence of the Commonwealth or of any country allied or associated with the Commonwealth; or
 (ii) the conduct of the international relations of the Commonwealth.
 (6) Where an agency is abolished, then, for the purposes of this Act:
 (a) if the functions of the agency are acquired by another agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, the other agency; and
 (b) if the functions of the agency are acquired by more than one other agency—any request made to the first‑mentioned agency shall be deemed to have been made to, and any decision made by the first‑mentioned agency in respect of a request made to it shall be deemed to have been made by, whichever of those other agencies has acquired the functions of the first‑mentioned agency to which the document the subject of the request most closely relates; and
 (c) if the documents of the agency are transferred to the care (within the meaning of the Archives Act 1983) of the National Archives of Australia—any request made to the agency shall be deemed to have been made to, and any decision made by the agency in respect of a request made by it shall be deemed to have been made by, the agency to the functions of which the document the subject of the request most closely relates.
 (7) If the agency to which a request is so deemed to have been made, or by which a decision upon a request is so deemed to have been made, was not itself in existence at the time when the request or decision was deemed so to have been made, then, for the purposes only of dealing with that request or decision under this Act, that agency shall be deemed to have been in existence at that time.
 (9) For the purposes of the application of the definition of responsible Minister in subsection (1), the reference in that