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Corporations (Aboriginal and Torres Strait Islander) Bill 2006

Part 11-2 Special administration

Division 487 Special administration of Aboriginal and Torres Strait Islander corporation

487-1   Registrar may put Aboriginal and Torres Strait Islander corporation under special administration

             (1)  The Registrar may determine, in writing, that an Aboriginal and Torres Strait Islander corporation is to be under special administration for the period specified in the determination.

             (2)  A determination under subsection (1) is not a legislative instrument.

             (3)  The Registrar:

                     (a)  must not make a determination under subsection (1) if:

                              (i)  the corporation is being wound up; or

                             (ii)  a liquidator of the corporation has been appointed; and

                     (b)  may make a determination under subsection (1) even if the corporation is being administered under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act).

             (4)  The Registrar may make a determination under subsection (1) only if the Registrar is satisfied that at least one of the grounds set out in section 487-5 is satisfied.

             (5)  The Registrar must make a determination under subsection (1) in accordance with section 487-10.

487-5   Grounds for special administration

             (1)  The following are the grounds for determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration:

                     (a)  the corporation has traded at a loss for at least 6 months during the period of 12 months before the determination is made;

                     (b)  the corporation or the officers of the corporation have failed to comply with, or to ensure that the corporation complies with, one or more of the following:

                              (i)  a provision of this Act;

                             (ii)  an internal governance rule of the corporation;

                            (iii)  a notice that the Registrar has given the directors under section 439-20;

                            and the corporation has, or the officers have, failed to give the Registrar a satisfactory explanation for the failure;

                     (c)  the corporation has failed to comply with an obligation under Part 7-3;

                     (d)  the officers of the corporation have acted in the affairs of the corporation:

                              (i)  in their own interests rather than in the interests of the members of the corporation as a whole; or

                             (ii)  in a way that appears to be unfair or unjust to members of the corporation;

                     (e)  the affairs of the corporation are being conducted in a way that is:

                              (i)  oppressive; or

                             (ii)  unfairly prejudicial to, or unfairly discriminatory against, a member or member of the corporation; or

                            (iii)  contrary to the interests of the members of the corporation as a whole;

                      (f)  disputes between:

                              (i)  the corporation’s members; or

                             (ii)  the corporation’s members and the corporation’s officers;

                            are interfering with the proper conduct of the corporation’s affairs;

                     (g)  disputes between the corporation’s officers are interfering with the proper conduct of the corporation’s affairs;

                     (h)  a majority of the corporation’s directors have requested the Registrar in writing to appoint a special administrator;

                      (i)  at least the required number of members under subsection (4) request the Registrar, in writing, to appoint a special administrator;

                      (j)  the appointment of the special administrator is otherwise required:

                              (i)  in the interests of the members of the corporation; or

                             (ii)  in the interest of the corporation’s creditors; or

                            (iii)  in the public interest.

Paragraph (j) does not limit any of the other paragraphs in this subsection.

             (2)  Paragraph (1)(d) or (e) does not apply to an officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate merely because of doing (or refraining from doing) a particular act if the officer does (or refrains from doing) the act:

                     (a)  in good faith; and

                     (b)  with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.

             (3)  Separate copies of a document setting out a request under paragraph (1)(i) may be used for signing by members if the wording of the request is identical in each copy.

             (4)  The required number of members for an Aboriginal and Torres Strait Islander corporation is the greater of:

                     (a)  5 members of the corporation; or

                     (b)  10% of the members of the corporation.

             (5)  The regulations may prescribe a different number of members for the purposes of applying paragraph (4)(a) to:

                     (a)  a particular Aboriginal and Torres Strait Islander corporation; or

                     (b)  a particular class of Aboriginal and Torres Strait Islander corporation.

             (6)  The regulations may prescribe a different percentage for the purposes of applying paragraph (4)(b) to:

                     (a)  a particular Aboriginal and Torres Strait Islander corporation; or

                     (b)  a particular class of Aboriginal and Torres Strait Islander corporation.

487-10   Show cause notice procedure

             (1)  Subject to subsection (2), the Registrar must, before determining that an Aboriginal and Torres Strait Islander corporation is to be under special administration:

                     (a)  give the corporation notice in writing inviting the corporation to show cause, within a reasonable period specified in the notice, why the determination should not be made; and

                     (b)  consider any representations the corporation makes to the Registrar within that period.

             (2)  Subsection (1) does not apply if the Registrar is satisfied that the determination needs to be made as a matter of urgency to prevent:

                     (a)  a likely loss of property of the corporation; or

                     (b)  a likely loss of public money held or administered by the corporation; or

                     (c)  conduct that would contravene:

                              (i)  a provision of this Act or the regulations; or

                             (ii)  a law of the Commonwealth or a State or Territory; or

                     (d)  the corporation ceasing to provide, or suspending the provision of, services that are essential to, or very significant for, a particular community or group.

             (3)  Public money includes money that:

                     (a)  has been granted to the corporation by:

                              (i)  the Commonwealth, a State or a Territory; or

                             (ii)  a public authority; and

                     (b)  has been granted to the corporation on conditions.

             (4)  Without limiting paragraph (2)(c), the conduct referred to in that paragraph may be conduct of:

                     (a)  the corporation; or

                     (b)  an officer of the corporation; or

                     (c)  a body corporate related to the corporation; or

                     (d)  an officer of a body corporate related to the corporation.

             (5)  If the Registrar:

                     (a)  gives an Aboriginal and Torres Strait Islander corporation notice under subsection (1); and

                     (b)  decides not to proceed to determine that the corporation is to be under special administration;

the Registrar must give the corporation notice in writing, as soon as practicable after the decision is made, that the Registrar does not propose to determine that the corporation is to be under special administration.

487-15   Extension of period of special administration

             (1)  The Registrar may extend the period for which an Aboriginal and Torres Strait Islander corporation is to be under special administration.

             (2)  An extension under subsection (1) must:

                     (a)  be made in writing; and

                     (b)  be made before the period to be extended ends.

487-20   Registrar may terminate special administration

             (1)  The Registrar may determine in writing that an Aboriginal and Torres Strait Islander corporation is to cease to be under special administration on the date specified in the determination.

             (2)  A determination under subsection (1) is not a legislative instrument.

             (3)  Without limiting subsection (1), the Registrar may determine that the corporation is to cease to be under special administration if the Registrar is satisfied that it is no longer necessary for the corporation to be under special administration.

487-25   References to corporation under special administration

                   If the Registrar determines under subsection 487-1(1) in relation to an Aboriginal and Torres Strait Islander corporation, the corporation:

                     (a)  starts being under special administration when the period specified in the determination under subsection 487-1(1) starts; and

                     (b)  ceases being under special administration :

                              (i)  when the period specified in the determination under subsection 487-1(1), or that period as extended under section 487-15, ends; or

                             (ii)  if, before the end of the period referred to in subparagraph (i), a liquidator for the corporation is appointed, or the winding up of the corporation starts, as a result of an application made by the Registrar or the special administrator—when the liquidator is appointed or the winding up starts; or

                            (iii)  if, before the end of the period referred to in subparagraph (i), the Registrar makes a determination under section 487-20—on the date specified in the determination under section 487-20.

Note:          Subparagraph (b)(ii)—once the corporation is under special administration only the Registrar or the special administrator can apply for the winding up of the corporation (see subsection 526-15(3)).



 

Division 490 Appointment of special administrator

490-1   Registrar may appoint special administrator

             (1)  The Registrar may appoint a special administrator for an Aboriginal and Torres Strait Islander corporation that is under special administration.

Note:          The special administrator may be appointed either as the initial special administrator for the special administration of the corporation or to replace a special administrator who was appointed earlier.

             (2)  The appointment must be made in writing.

490-5   Period of appointment

             (1)  The appointment must specify the period for which the special administrator is appointed.

             (2)  The Registrar may extend the period for which a special administrator is appointed.

             (3)  An extension under subsection (2) must:

                     (a)  be made in writing; and

                     (b)  be made before the period to be extended ends.

             (4)  An appointment:

                     (a)  has effect, subject to paragraph (b), until the end of the period of the appointment; and

                     (b)  ceases to have effect if it is terminated under section 505-1 before the end of that period.



 

Division 493 Notice requirements

493-1   Notice of special administration determination or appointment of special administrator

             (1)  This section applies if the Registrar makes any of the following decisions:

                     (a)  a determination under section 487-1 that an Aboriginal and Torres Strait Islander corporation is to be under special administration;

                     (b)  an appointment under section 490-1 of a special administrator for an Aboriginal and Torres Strait Islander corporation;

                     (c)  an extension under section 487-15 of the period for which an Aboriginal and Torres Strait Islander corporation is to be under special administration;

                     (d)  an extension under section 490-5 of the period for which a special administrator for an Aboriginal and Torres Strait Islander corporation is appointed;

                     (e)  a determination under section 487-20 that an Aboriginal and Torres Strait Islander corporation is to cease to be under special administration.

             (2)  The Registrar must, as soon as practicable, give notice of the decision to:

                     (a)  the corporation; and

                     (b)  any receiver, or receiver and manager, of property of the corporation of whom the Registrar is aware.

             (3)  A notice under subsection (2) is not a legislative instrument.

             (4)  The Registrar must, as soon as practicable, publish a notice of the decision:

                     (a)  in the Gazette ; and

                     (b)  either:

                              (i)  in a national newspaper; or

                             (ii)  for each State or Territory in which the corporation has its registered office (if any) or carries on business or other operations—in a daily newspaper that circulates generally in that State or Territory.

             (5)  The notice under subsection (2) or (4) must specify:

                     (a)  the period for which the corporation is to be under special administration; or

                     (b)  the period for which the special administrator is appointed; or

                     (c)  the period for which the special administration is extended; or

                     (d)  the period for which the appointment of the special administrator is extended; or

                     (e)  the date on which the corporation is to cease to be under special administration.



 

Division 496 Effect of appointment of special administrator on officers of the corporation

496-1   General rule that offices of directors and secretary vacated when special administrator appointed

             (1)  Subject to section 496-5, the following offices become vacant on the appointment of a special administrator for an Aboriginal and Torres Strait Islander corporation:

                     (a)  the office of each director of the corporation;

                     (b)  the office of each secretary (if any) of the corporation.

             (2)  Subsection (1) applies even if the special administrator is appointed to replace another special administrator for the corporation.

Note:          This subsection has the effect that if a special administrator is appointed and the Registrar determines, as part of that appointment, that the offices of the corporation’s officers are not to be vacated, the subsequent appointment of a replacement special administrator will automatically vacate those offices unless a fresh determination is made under section 496-5 in relation to the new appointment.

496-5   Registrar may determine that offices not vacated in certain circumstances

             (1)  The Registrar:

                     (a)  may determine that the offices of the corporation’s directors are not vacated on the appointment of a special administrator; and

                     (b)  may determine that the office of the corporation’s secretary is not vacated, or the offices of each of the corporation’s secretaries are not vacated, on the appointment of the special administrator.

             (2)  A determination under subsection (1) is not a legislative instrument.

             (3)  The Registrar may make a determination under subsection (1) only if the Registrar is satisfied that making the determination is in the best interests of the corporation.

             (4)  A determination under subsection (1) must be included in the special administrator’s appointment.

496-10   Powers of officers can only be exercised by, or with the consent of, special administrator

             (1)  While an Aboriginal and Torres Strait Islander corporation is under special administration, a person (other than the special administrator) cannot perform or exercise, and must not purport to perform or exercise, a function or power as an officer of the corporation.

Penalty:  25 penalty units or imprisonment for 6 months, or both.

             (2)  Subsection (1) does not apply to the extent to which the performance or exercise, or purported performance or exercise, is with the special administrator’s written approval.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  An offence against subsection (1) is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  Subsection (1) does not remove an officer of an Aboriginal and Torres Strait Islander corporation from his or her office.

             (5)  Section 496-15 does not limit the generality of subsection (1) of this section.

             (6)  This section has effect despite:

                     (a)  Part 5.2 of the Corporations Act (as applied by section 516-1 of this Act); and

                     (b)  Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act).

Note:          This means that a receiver, or an administrator appointed under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act), cannot exercise any powers without the approval of the special administrator.

             (7)  Despite subsection (6), this section does not affect the validity of anything that a person who is:

                     (a)  a receiver, or a receiver and manager, of property of the corporation; or

                     (b)  an administrator of the corporation appointed under Part 5.3A of the Corporations Act;

does after the special administration begins and on or before the day on which the Registrar complies with subsection 493-1(4) in relation to the special administration.

496-15   Only special administrator can deal with corporation’s property

             (1)  This section applies if:

                     (a)  an Aboriginal and Torres Strait Islander corporation that is under special administration purports to enter into; or

                     (b)  a person purports to enter into, on behalf of an Aboriginal and Torres Strait Islander corporation that is under special administration;

a transaction or dealing affecting property of the corporation.

             (2)  The transaction or dealing is void unless:

                     (a)  the special administrator entered into it on the corporation’s behalf; or

                     (b)  the special administrator consented to it in writing before it was entered into; or

                     (c)  it was entered into under an order of the Court.

             (3)  Subsection (2) does not apply to a payment made:

                     (a)  by an Australian ADI out of an account kept by the corporation with the ADI; and

                     (b)  in good faith and in the ordinary course of the ADI’s banking business; and

                     (c)  after the special administration begins and on or before the day on which the Registrar complies with subsection 493-1(4) in relation to the special administration.

             (4)  Subsection (2) has effect subject to an order that the Court makes after the purported transaction or dealing.

             (5)  If, because of subsection (2), the transaction or dealing is void, or would be void apart from subsection (4), an officer or employee of the corporation who:

                     (a)  purported to enter into the transaction or dealing on the corporation’s behalf; or

                     (b)  was in any other way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the transaction or dealing;

contravenes this subsection.

Penalty:  25 penalty units or imprisonment for 6 months, or both.

             (6)  This section has effect despite:

                     (a)  Part 5.2 of the Corporations Act (as applied by section 516-1 of this Act); and

                     (b)  Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act).

Note:          This means that a receiver, or an administrator appointed under Part 5.3A of the Corporations Act (as applied by section 521-1 of this Act), cannot exercise any powers without the approval of the special administrator.

             (7)  Despite subsection (6), this section does not affect the validity of anything that a person who is:

                     (a)  a receiver, or a receiver and manager, of property of the corporation; or

                     (b)  an administrator of the corporation appointed under Part 5.3A of the Corporations Act;

does after the special administration begins and on or before the day on which the Registrar complies with subsection 493-1(4) in relation to the special administration.

496-20   Order for compensation where officer involved in void transaction

             (1)  If:

                     (a)  a court finds that a person committed an offence constituted by a contravention of subsection 496-15(5) (including such an offence that is taken to have been committed because of section 11.2 of the Criminal Code ); and

                     (b)  the court is satisfied that the Aboriginal and Torres Strait Islander corporation or another person has suffered loss or damage because of the act or omission constituting the offence;

the court may (whether or not it imposes a penalty) order the first-mentioned person to pay compensation to the corporation or other person, as the case may be, of such amount as the order specifies.

             (2)  An order under subsection (1) may be enforced as if it were a judgment of the court.

             (3)  The power of a court under section 576-1 to relieve a person from liability as mentioned in that section extends to relieving a person from liability to be ordered under this section to pay compensation.



 

Division 499 Function, duties and powers of special administrator

499-1   Function of special administrator

                   While an Aboriginal and Torres Strait Islander corporation is under special administration, the special administrator is responsible for the conduct of the affairs of the corporation.

499-5   Powers of special administrator

             (1)  While an Aboriginal and Torres Strait Islander corporation is under special administration, the special administrator:

                     (a)  has control of the corporation’s business, property and affairs; and

                     (b)  may carry on that business and manage that property and those affairs; and

                     (c)  may terminate or dispose of all or part of that business, and may dispose of any of that property; and

                     (d)  may engage or discharge employees on behalf of the corporation; and

                     (e)  may perform any function, and exercise any power, that:

                              (i)  the corporation; or

                             (ii)  any of the corporation’s officers; or

                            (iii)  the corporation’s members;

                            could perform or exercise if the corporation were not under special administration.

This subsection has effect even if the offices of the corporation’s officers are not vacated on the appointment of the special administrator.

             (2)  To avoid doubt and without limiting paragraph (1)(e), the special administrator may perform any function and exercise any power that the corporation has as trustee.

             (3)  Without limiting subsection (1), the special administrator may do the following:

                     (a)  change the corporation’s constitution;

                     (b)  admit a person as a member of the corporation;

                     (c)  remove a person as a member of the corporation;

                     (d)  appoint a person as a director or secretary of the corporation;

                     (e)  terminate a person’s appointment as a director or secretary of the corporation;

                      (f)  terminate a person’s appointment as contact person for the corporation.

             (4)  In changing the corporation’s constitution, the special administrator does not have to comply with paragraph 69-5(1)(a) (special resolution), section 69-15 (satisfying extra requirements in constitution) or section 69-20 (corporation to lodge copy of changes).

Note:          The special administrator must still lodge a copy of the change under section 69-25.

499-10   Applying Corporations Act provisions to Aboriginal and Torres Strait Islander corporation that is under special administration

             (1)  The following provisions of the Corporations Act apply to an Aboriginal and Torres Strait Islander corporation that is under special administration:

                     (a)  Division 6 of Part 5.3A (other than section 440A);

                     (b)  Division 7 of Part 5.3A;

                     (c)  Division 8 (other than section 442A) of Part 5.3A;

                     (d)  Division 9 of Part 5.3A;

                     (e)  the other provisions of that Act (including Parts 1.2 and 9.4 and Schedule 3 but not including Parts 1.1, 1.1A and 9.4A) to the extent to which they relate to the operation of the provisions referred to in paragraphs (a) to (d);

                      (f)  the regulations made under that Act for the purposes of the provisions of that Act referred to in paragraphs (a) to (e).

             (2)  Those provisions apply to an Aboriginal and Torres Strait Islander corporation that is under special administration as if the following substitutions were made:

 

Substitutions to be made

Item

For a reference to...

substitute a reference to...

1

a company

an Aboriginal and Torres Strait Islander corporation

2

administrator

special administrator

3

administration

special administration

             (3)  The provisions of the Corporations Act mentioned in subsection (1) apply to an Aboriginal and Torres Strait Islander corporation that is under special administration:

                     (a)  only to the extent to which they are capable of applying to an Aboriginal and Torres Strait Islander corporation; and

                     (b)  with the modifications specified in the regulations.

             (4)  Regulations made for the purposes of paragraph (3)(b) must not:

                     (a)  increase, or have the effect of increasing, the maximum penalty for any offence; or

                     (b)  widen, or have the effect of widening, the scope of any offence.



 

Division 502 Special administrator to report to Registrar

502-1   Report to Registrar

                   A special administrator for an Aboriginal and Torres Strait Islander corporation must give the Registrar such information as the Registrar requires from time to time.



 

Division 505 Termination of special administrator’s appointment

505-1   Termination of appointment of special administrator

             (1)  The appointment of a special administrator for an Aboriginal and Torres Strait Islander corporation terminates if:

                     (a)  the period for which the special administrator is appointed ends; or

                     (b)  the special administrator dies; or

                     (c)  a liquidator for the corporation is appointed; or

                     (d)  the corporation is being wound up; or

                     (e)  the special administrator resigns the appointment by notice in writing to the Registrar; or

                      (f)  the Registrar terminates the special administrator’s appointment under subsection (4); or

                     (g)  the Registrar terminates the special administration under section 487-20.

Note:          The termination of the appointment of the special administrator does not necessarily terminate the special administration. For when the special administration ceases, see section 487-25.

             (2)  Subject to subsection (3), the special administrator’s resignation under paragraph (1)(e) takes effect at the end of the period of 28 days after the day on which the special administrator gives the notice to the Registrar.

             (3)  The Registrar may, on application by the special administrator, determine in writing that the special administrator’s resignation is to take effect before the end of the period of 28 days referred to in subsection (2).

             (4)  The Registrar may, by notice in writing to the special administrator for an Aboriginal and Torres Strait Islander corporation, terminate the special administrator’s appointment if satisfied that it is appropriate to do so.

505-5   Grounds for terminating appointment

                   Without limiting subsection 505-1(4), the Registrar may be satisfied that it is appropriate to terminate the special administrator’s appointment if the Registrar is satisfied that:

                     (a)  it is no longer necessary for the corporation to be under special administration; or

                     (b)  the special administrator has a material personal interest in a matter related to the special administration of the corporation; or

                     (c)  the special administrator’s performance is not satisfactory; or

                     (d)  the special administrator has contravened a provision of this Act; or

                     (e)  it would be appropriate in the circumstances to replace the special administrator with another special administrator with different skills, experience or qualifications.

505-10   Registrar to appoint new special administrator in certain circumstances

             (1)  If the appointment of a special administrator for an Aboriginal and Torres Strait Islander corporation terminates, the Registrar must, as soon as practicable after the termination of the appointment, appoint another person as special administrator for the corporation.

             (2)  Subsection (1) does not apply if the Registrar is satisfied that it is no longer necessary for the corporation to be under special administration.



 

Division 508 Transition to normal control of the corporation’s affairs at end of special administration

508-1   Special administrator to ensure that there will be directors when corporation ceases to be under special administration

             (1)  The special administrator for an Aboriginal and Torres Strait Islander corporation must ensure that, immediately after the special administration of the corporation ends, there will be:

                     (a)  directors of the corporation who can assume control of the corporation’s affairs; and

                     (b)  a secretary for the corporation if it is registered as a large corporation; and

                     (c)  a contact person for the corporation if it is registered as a small or medium corporation.

Note:          There are a number of different ways in which there can be directors who can assume control of the corporation’s affairs when the special administration ends. For example:

(a)           the offices of the directors may not have been vacated when the special administrator was appointed and some or all of those directors may remain in office at the end of the special administration; or

(b)           the special administrator may have exercised his or her power to appoint directors under subsection 499-5(3) and some or all of the appointees may remain in office at the end of the special administration; or

(c)           persons may, at a general meeting of the members of the corporation called by the special administrator under section 508-5, have been elected as directors to assume control of the corporation’s affairs when the special administration ends.

             (2)  Subsection (1) does not apply if:

                     (a)  the corporation is to cease to be under special administration because a liquidator for the corporation is appointed; or

                     (b)  the corporation is to cease to be under special administration so that an administrator may be appointed, or may resume exercising powers, under the Corporations Act administration provisions (as applied by section 521-1 of this Act).

508-5   Election of directors to take over affairs of corporation when corporation ceases to be under special administration

             (1)  The special administrator for an Aboriginal and Torres Strait Islander corporation may conduct an election to elect directors to assume control of the corporation’s affairs immediately after the corporation ceases to be under special administration.

             (2)  Without limiting subsection (1), the election may be conducted:

                     (a)  at a general meeting of the members of the corporation; or

                     (b)  by postal ballot.

             (3)  A person may be elected as a director under this section if the person gives the corporation a signed consent to act as a director of the corporation before being elected.

             (4)  The persons elected:

                     (a)  become the directors of the corporation immediately after the corporation ceases to be under special administration; and

                     (b)  continue to hold office until the end of the next AGM of the corporation unless removed from office before then.



 

Division 511 Miscellaneous

511-1   Remuneration of special administrator

             (1)  The special administrator for an Aboriginal and Torres Strait Islander corporation is to receive such remuneration (if any) as the Registrar determines in writing.

             (2)  A determination under subsection (1) is not a legislative instrument.

             (3)  Subject to subsection (4), the special administrator’s remuneration, charges and expenses are to be borne by the Commonwealth.

             (4)  The Registrar:

                     (a)  may determine, in writing, that some or all of the special administrator’s remuneration, charges or expenses are to be borne by the corporation or a related body corporate; and

                     (b)  may charge some or all of the remuneration, charges or expenses referred to in paragraph (a) on the property of the corporation or a related body corporate in such order of priority in relation to any existing charges on that property as the Registrar thinks fit.

             (5)  This section does not apply to a special administrator who is an APS employee or a Commonwealth officer.

             (6)  In this section:

Commonwealth officer includes a person who:

                     (a)  is in the service or employment of the Commonwealth or an authority of the Commonwealth; or

                     (b)  holds or performs the duties of any office or position under a law of the Commonwealth; or

                     (c)  is a member of the Australian Defence Force.