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Part 2—Definitions

Part 2 Definitions

   

7   Definitions

             (1)  In this Act:

administrative affairs :

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1), has a meaning affected by subsection 57(2); and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2), has a meaning affected by subsection 211(2).

Agency has the same meaning as in the Public Service Act 1999 .

Agency Head has the same meaning as in the Public Service Act 1999 .

audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

Australia , when used in a geographical sense, includes every external Territory.

Australian court means a federal court or a court of a State or Territory.

Australian court or tribunal means a court or tribunal of the Commonwealth, a State or a Territory.

beneficiary , in respect of a payment under section 93, has the meaning given by subsection 93(4).

Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Federal Court.

Chief Judge means the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).

Chief Justice means the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

Child Support (Assessment) Act 1989 includes regulations made under that Act.

Child Support (Registration and Collection Act) 1988 includes regulations made under that Act.

civil practice and procedure provisions , in relation to the Federal Circuit and Family Court of Australia (Division 2), has the meaning given by subsection 157(4).

Commonwealth officer or employee means a person who:

                     (a)  is appointed or engaged under the Public Service Act 1999 ; or

                     (b)  is appointed under another law of the Commonwealth; or

                     (c)  holds an office established by a law of the Commonwealth; or

                     (d)  is employed by a public authority of the Commonwealth; or

                     (e)  is a member of the Australian Defence Force; or

                      (f)  is the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ).

Commonwealth superannuation contribution , in respect of a Judge or retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2), means a Commonwealth contribution to the Judge’s choice of:

                     (a)  a complying superannuation fund (within the meaning of section 45 of the Superannuation Industry (Supervision) Act 1993 ); or

                     (b)  a retirement savings account (within the meaning of section 8 of the Retirement Savings Accounts Act 1997 ).

Commonwealth tenancy dispute means a matter:

                     (a)  involving a lease, licence or other arrangement to possess, occupy or use land and a dispute about:

                              (i)  the recovery of rent or other payments payable under or in relation to the lease, licence or other arrangement; or

                             (ii)  the termination of the lease, licence or other arrangement; or

                            (iii)  the possession, occupation or use of the land; and

                     (b)  in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party.

complaint :

                     (a)  in Chapter 3, means a complaint mentioned in paragraph 31(2)(d); and

                     (b)  in Chapter 4, means a complaint mentioned in paragraph 112(2)(d).

complaint handler :

                     (a)  in Chapter 3, means any of the following persons:

                              (i)  the Chief Justice;

                             (ii)  a person who is authorised by the Chief Justice under subsection 32(2);

                            (iii)  a person who is a member of a body that is authorised by the Chief Justice under subsection 32(2); and

                     (b)  in Chapter 4, means any of the following persons:

                              (i)  the Chief Judge;

                             (ii)  a person who is authorised by the Chief Judge under subsection 113(2);

                            (iii)  a person who is a member of a body that is authorised by the Chief Judge under subsection 113(2).

conveyance includes a vehicle, a vessel and an aircraft.

corporate services :

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1), has the meaning given by subsection 57(3); and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2), has the meaning given by subsection 211(3).

delegate :

                     (a)  in Chapter 3, means:

                              (i)  the Chief Executive Officer; or

                             (ii)  a Registrar or Deputy Registrar of the Federal Circuit and Family Court of Australia (Division 1); and

                     (b)  in Chapter 4, means:

                              (i)  the Chief Executive Officer; or

                             (ii)  a Registrar of the Federal Circuit and Family Court of Australia (Division 2).

Deputy Chief Judge means the Deputy Chief Judge of the Federal Circuit and Family Court of Australia (Division 2).

Deputy Chief Justice means the Deputy Chief Justice of the Federal Circuit and Family Court of Australia (Division 1).

dispute resolution processes means procedures and services for the resolution of disputes otherwise than by way of the exercise of the judicial power of the Commonwealth, and includes:

                     (a)  counselling; and

                     (b)  mediation; and

                     (c)  arbitration; and

                     (d)  neutral evaluation; and

                     (e)  case appraisal; and

                      (f)  conciliation.

Division means the General Division or the Fair Work Division of the Federal Circuit and Family Court of Australia (Division 2).

dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.

electronic signature of a person means the person’s unique identification in an electronic form that is approved by the Chief Executive Officer.

eligible child has the meaning given by section 95.

eligible spouse has the meaning given by section 94.

excluded child order means:

                     (a)  a parenting order to the extent to which it provides that:

                              (i)  a child is to live with a person; or

                             (ii)  a child is to spend time with a person; or

                            (iii)  a child is to communicate with a person; or

                            (iv)  a person is to have parental responsibility for a child; or

                     (b)  an order in relation to the welfare of a child;

other than:

                     (c)  an order made until further order; or

                     (d)  an order made in undefended proceedings; or

                     (e)  an order made with the consent of all the parties to the proceedings.

Family Law Act 1975 includes regulations made under that Act.

family law or child support proceedings means proceedings under:

                     (a)  the Family Law Act 1975 ; or

                     (b)  the Child Support (Assessment) Act 1989 ; or

                     (c)  the Child Support (Registration and Collection) Act 1988 (other than proceedings under section 72Q of that Act).

family law practice and procedure provisions , in relation to the Federal Circuit and Family Court of Australia (Division 1), has the meaning given by subsection 48(4).

Federal Circuit and Family Court of Australia means:

                     (a)  the Federal Circuit and Family Court of Australia (Division 1); or

                     (b)  the Federal Circuit and Family Court of Australia (Division 2).

Federal Court means the Federal Court of Australia.

handle a complaint means do one or more of the following acts relating to the complaint:

                     (a)  consider the complaint;

                     (b)  investigate the complaint;

                     (c)  report on an investigation of the complaint;

                     (d)  deal with a report of an investigation of the complaint;

                     (e)  dispose of the complaint;

                      (f)  refer the complaint to a person or body.

information includes any document.

institute , in relation to proceedings and the power of the Federal Circuit and Family Court of Australia (Division 2) to deal with vexatious proceedings, includes:

                     (a)  for civil proceedings—the taking of a step or the making of an application that may be necessary before proceedings can be started against a party; and

                     (b)  for proceedings before a tribunal—the taking of a step or the making of an application that may be necessary before proceedings can be started before the tribunal; and

                     (c)  for criminal proceedings—the making of a complaint or the obtaining of a warrant for the arrest of an alleged offender; and

                     (d)  for civil or criminal proceedings or proceedings before a tribunal—the taking of a step or the making of an application that may be necessary to start an appeal in relation to the proceedings or to a decision made in the course of the proceedings.

Judge :

                     (a)  in Chapter 3, means a person holding office as a Judge of the Federal Circuit and Family Court of Australia (Division 1), including the Chief Justice, Deputy Chief Justice and a Senior Judge; and

                     (b)  in Chapter 4, means a person holding office as a Judge of the Federal Circuit and Family Court of Australia (Division 2), including the Chief Judge and Deputy Chief Judge.

judgment means a judgment, decree or order, whether final or interlocutory, a decision or a sentence, and includes a decree within the meaning of the Family Law Act 1975 .

living with a person has the meaning given by subsection 94(8).

marital or couple relationship has the meaning given by subsection 94(5).

news publisher means a person engaged in the business of publishing news or a public or community broadcasting service engaged in the publishing of news through a public news medium.

non-publication order means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).

overarching purpose :

                     (a)  of the family law practice and procedure provisions in relation to the Federal Circuit and Family Court of Australia (Division 1), means the overarching purpose set out in subsection 48(1); and

                     (b)  of the civil practice and procedure provisions in relation to the Federal Circuit and Family Court of Australia (Division 2), means the overarching purpose set out in subsection 157(1).

partner : a person is the partner of another person if the 2 persons have a relationship as a couple (whether the persons are the same sex or different sexes).

party to a proceeding, in the context of a decision by the Federal Circuit and Family Court of Australia (Division 2) about whether to make a suppression order or non-publication order, includes the complainant or victim (or alleged victim) in a criminal proceeding and any person named in evidence given in a proceeding and, in relation to a proceeding that has concluded, means a person who was a party to the proceeding before the proceeding concluded.

police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

premises includes a place and a conveyance.

prior judicial service , in relation to a retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2), means service, prior to the Judge’s appointment as a Judge of the Court (and in the case of more than one appointment as a Judge of the Court, the Judge’s most recent appointment), as one of the following:

                     (a)  a Justice or Judge of a federal court;

                     (b)  the holder of an office, being an office the holder of which has, by virtue of an Act, the same status as a Justice or Judge of a federal court;

                     (c)  a Judge of the Federal Circuit and Family Court of Australia (Division 2);

                     (d)  a Judge or acting Judge of a court of a State or Territory;

                     (e)  a magistrate of a State or Territory;

                      (f)  in the case of a State or Territory office that qualifies the holder of the office for a pension or retiring allowance under a law of the State or Territory relating to pensions or retiring allowances payable to retired Judges—a holder of the office (including an acting holder).

proceeding :

                     (a)  in relation to a court—means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal; and

                     (b)  in relation to a tribunal—means a proceeding in the tribunal, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding.

proceedings of a particular type includes:

                     (a)  proceedings in relation to a particular matter; and

                     (b)  proceedings against a particular person.

public authority of the Commonwealth means:

                     (a)  a body incorporated, whether before or after the commencement of this definition, for a public purpose by a law of the Commonwealth, being a body corporate employing staff on its own behalf; or

                     (b)  an authority or body, not being a body corporate, established, whether before or after the commencement of this definition, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth, being an authority or body employing staff on its own behalf; or

                     (c)  an incorporated company over which the Commonwealth, or a body or authority mentioned in paragraph (a) or (b), is in a position to exercise control.

publish , in relation to a news publisher, means disseminate or provide access to the public or a section of the public by any means, including by:

                     (a)  publication in a book, newspaper, magazine or other written publication; or

                     (b)  broadcast by radio or television; or

                     (c)  public exhibition; or

                     (d)  broadcast or publication by means of the internet.

Registrar :

                     (a)  in Chapter 3, means a Registrar of the Federal Circuit and Family Court of Australia (Division 1); and

                     (b)  in Chapter 4, means a Registrar of the Federal Circuit and Family Court of Australia (Division 2).

Registry Manager :

                     (a)  in Chapter 3, means a Registry Manager of the Federal Circuit and Family Court of Australia (Division 1); and

                     (b)  in Chapter 4, means a Registry Manager of the Federal Circuit and Family Court of Australia (Division 2).

relevant belief :

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1), has the meaning given by subsection 32(4); and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2), has the meaning given by subsection 113(4).

retired disabled Judge of the Federal Circuit and Family Court of Australia (Division 2) means a person certified by the Minister to be a retired disabled Judge under paragraph 90(2)(a).

retires , in relation to a Judge of the Federal Circuit and Family Court of Australia (Division 2), means ceases, otherwise than by death, to hold any office as a Judge.

Rules of Court :

                     (a)  in relation to the Federal Circuit and Family Court of Australia (Division 1), means Rules of Court made under Chapter 3; and

                     (b)  in relation to the Federal Circuit and Family Court of Australia (Division 2), means Rules of Court made under Chapter 4.

suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise).

vexatious proceeding includes:

                     (a)  a proceeding that is an abuse of the process of a court or tribunal; and

                     (b)  a proceeding instituted in a court or tribunal to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

                     (c)  a proceeding instituted or pursued in a court or tribunal without reasonable ground; and

                     (d)  a proceeding conducted in a court or tribunal in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

vexatious proceedings order means an order made under subsection 205(2).

video link means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places.

             (2)  An expression has the same meaning in this Act as it has in the Family Law Act 1975 (other than the expression “this Act”).

             (3)  To the extent of any inconsistency between the meaning of an expression defined in this Act and the Family Law Act 1975 , the meaning of the expression in this Act prevails.