Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p10
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 10/21)
Character Range: 63469–66161

who is not an Australian citizen.
non‑disclosable information means information or matter:
 (a) whose disclosure would, in the Minister's opinion, be contrary to the national interest because it would:
 (i) prejudice the security, defence or international relations of Australia; or
 (ii) involve the disclosure of deliberations or decisions of the Cabinet or of a committee of the Cabinet; or
 (b) whose disclosure would, in the Minister's opinion, be contrary to the public interest for a reason which could form the basis of a claim by the Crown in right of the Commonwealth in judicial proceedings; or
 (c) whose disclosure would found an action by a person, other than the Commonwealth, for breach of confidence;
and includes any document containing, or any record of, such information or matter.
non‑political crime:
 (a) subject to paragraph (b), means a crime where a person's motives for committing the crime were wholly or mainly non‑political in nature; and
 (b) includes an offence that, under paragraph (a), (b) or (c) of the definition of political offence in section 5 of the Extradition Act 1988, is not a political offence in relation to a country for the purposes of that Act.
non‑privative clause decision has the meaning given by subsection 474(6).
non‑refoulement obligations includes, but is not limited to:
 (a) non‑refoulement obligations that may arise because Australia is a party to:
 (i) the Refugees Convention; or
 (ii) the Covenant; or
 (iii) the Convention Against Torture; and
 (b) any obligations accorded by customary international law that are of a similar kind to those mentioned in paragraph (a).
notified data base means a data base declared to be a notified data base under section 489.
offence against this Act includes:
 (a) an offence against section 6 of the Crimes Act 1914 that relates to an offence against a provision of this Act; and
 (b) an ancillary offence (within the meaning of the Criminal Code) that is, or relates to, an offence against a provision of this Act.
officer means:
 (a) an officer of the Department, other than an officer specified by the Minister in writing for the purposes of this paragraph; or
 (b) a person who is an officer for the purposes of the Customs Act 1901, other than such an officer specified by the Minister in writing for the purposes of this paragraph; or
 (c) a person who is a protective service officer for the purposes of the Australian Federal Police Act 1979, other than such a person specified by the Minister in writing for the purposes of this paragraph; or
 (d) a member of the Australian Federal Police or of the police force of a State or an internal Territory; or
 (e) a member of the police