Section 5 — Age Discrimination Act 2004: Definitions

In this Act: act has a meaning affected by section 7. administrative office means: (a) an office established by, or an appointment made under, a law of the Commonwealth; and (b) an office established by, or an appointment made under, a law of a Territory; and (c) an appointment made by the Governor-General or a Minister otherwise than under a law of the Commonwealth or of a Territory; and (d) an appointment as a director of an incorporated company that is a public authority of the Commonwealth; but does not include: (e) an office of member of the Assembly, member of the Executive, or Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988; or (f) an office of member of the Legislative Assembly, member of the Council or Minister of the Territory, within the meaning of the Northern Territory (Self-Government) Act 1978; or (h) an office or appointment in the Australian Public Service; or (i) an office of a person employed under the Members of Parliament (Staff) Act 1984. Note: A person who holds an office mentioned in paragraph (h) or (i) is covered by the definition of Commonwealth employee. age includes age group. Example: The reference in subsection 26(3) to students above a particular age includes a reference to students above a particular age group. Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973. Commission means the Australian Human Rights Commission. Commissioner means the Age Discrimination Commissioner appointed under section 53A. Commonwealth employee means a person who: (a) is appointed or engaged under the Public Service Act 1999; or (b) holds an administrative office; or (c) is employed by a public authority of the Commonwealth; or (d) is employed under the Australian Security Intelligence Organisation Act 1979 or the Commonwealth Electoral Act 1918; or (e) is a member of the 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); or (g) is a person employed under the Members of Parliament (Staff) Act 1984. Note: See also section 8 (Commonwealth taken to be employer of Commonwealth employees). Commonwealth law means: (a) an Act, regulation, or other instrument made under an Act; or (b) an ordinance of a Territory, a regulation made under an ordinance of a Territory, or another instrument made under an ordinance of a Territory; or (c) an order, determination or award made under a law mentioned in paragraph (a) or (b). discriminate has the meaning given by sections 14 and 15. employment includes: (a) part-time and temporary employment; and (b) work under a contract for services; and (c) work as a Commonwealth employee; and (d) work as an employee of a State or an instrumentality of a State. function includes duty. instrumentality of a State means a body or authority established for a public purpose by a law of a State and includes a local government body. premises includes: (a) a structure, building, aircraft, vehicle or vessel; and (b) a place (whether enclosed or built on or not); and (c) a part of premises (including premises of a kind mentioned in paragraph (a) or (b)). President means President of the Commission. public authority of the Commonwealth means: (a) a body incorporated, whether before or after the commencement of this Act, for a public purpose by a law of the Commonwealth or a law of a Territory, 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 Act, for a public purpose by, or in accordance with the provisions of, a law of the Commonwealth or a law of a Territory, 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. registered charity means an entity that is registered under the Australian Charities and Not-for-profits Commission Act 2012 as the type of entity mentioned in column 1 of item 1 of the table in subsection 25-5(5) of that Act. services includes: (a) services relating to banking, insurance, superannuation and the provision of grants, loans, credit or finance; or (b) services relating to entertainment, recreation or refreshment; or (c) services relating to transport or travel; or (d) services relating to telecommunications; or (e) services of the kind provided by the members of any profession or trade; or (f) services of the kind provided by a government, a government authority or a local government body. State, except in subsections 10(10) and (11), includes the Australian Capital Territory and the Northern Territory. Territory, except in subsection 10(11) or in paragraph (c) of the definition of administrative office in this section, does not include the Australian Capital Territory or the Northern Territory. this Act includes the regulations.