Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Division:
"adult questioning matter" means a matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories from any of the following:
(a) espionage;
(b) politically motivated violence;
(c) acts of foreign interference;
whether directed from, or committed within, Australia or not.
"adult questioning warrant" means a warrant issued under section 34BA (including such a warrant as varied under section 34BG).
"against" : a confiscation proceeding is against a person if:
(a) for a proceeding under the Proceeds of Crime Act 2002 --the person is a suspect (within the meaning of that Act) for the proceeding; or
(b) for a proceeding under a law of a State or Territory--the person is in a corresponding category for that law.
"charged" : a person is charged with an offence if a process for prosecuting the person for the offence commences.
"communication device" means:
(a) a device that a person may use to communicate information to another person; or
(b) a surveillance device (within the meaning of Division 2).
"complaints agency" means an Ombudsman, agency or body:
(a) that is appointed or established by a law of a State or Territory; and
(b) that is permitted or required to investigate complaints about the police force or police service of the State or Territory;
other than an agency or body prescribed by the regulations for the purposes of this definition.
"confiscation proceeding" means a proceeding under:
(a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002 ; or
(b) a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
"criminal proceeding" means:
(a) a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or
(b) a confiscation proceeding.
"dangerous item" means:
(a) a weapon; or
(b) any other thing that is or could be used in a dangerous or threatening way.
"derivative material" means any evidence, information, record or other thing obtained directly or indirectly from questioning material.
"disclose" , for questioning material or derivative material, includes:
(a) to make available; and
(b) to disclose copies, contents or descriptions of that material.
"extra permitted questioning period" has the meaning given by subsection 34DK(3).
"immediate appearance requirement" : a questioning warrant includes an immediate appearance requirement if it requires the subject of the warrant to appear before a prescribed authority for questioning under the warrant immediately after the subject is given notice of the requirement in accordance with section 34BH.
"imminent" :
(a) a charge against a person is imminent if:
(i) the person is under arrest for an offence, but has not been charged with the offence; or
(ii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or
(b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but not yet commenced, the proceeding.
Note: Subparagraph (a)(ii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge.
"lawyer" means a person who:
(a) is enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory; and
(b) holds a practising certificate granted under a law of a State or Territory.
"minor questioning matter" means a matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories from politically motivated violence, whether directed from, or committed within, Australia or not.
"minor questioning warrant" means a warrant issued under section 34BB (including such a warrant as varied under section 34BG).
"minor's representative" , for the subject of a minor questioning warrant, has the meaning given by section 34AA.
"permitted questioning period" has the meaning given by subsection 34DJ(3).
"police officer" means any of the following:
(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 );
(b) a special member of the Australian Federal Police (within the meaning of that Act);
(c) a member of the police force or police service of a State or Territory.
"post-charge" :
(a) a use or disclosure of questioning material or derivative material is a post - charge use or disclosure if the use or disclosure happens at a time when:
(i) the subject for the material has been charged with a related offence and that charge is still to be resolved; or
(ii) such a charge is imminent; or
(b) material is post - charge questioning material if the material becomes questioning material at a time when:
(i) the subject for the material has been charged with a related offence and that charge is still to be resolved; or
(ii) such a charge is imminent; or
(c) questioning under a questioning warrant is post - charge questioning if the questioning commences at a time when:
(i) the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or
(ii) such a charge is imminent; or
(d) a questioning warrant is a post - charge questioning warrant if the warrant is issued at a time when:
(i) the subject of the warrant has been charged with a related offence and that charge is still to be resolved; or
(ii) such a charge is imminent.
"post-confiscation application" :
(a) a use or disclosure of questioning material or derivative material is a post - confiscation application use or disclosure if the use or disclosure happens at a time when:
(i) a related confiscation proceeding has commenced against the subject for the material and that proceeding is still to be resolved; or
(ii) such a proceeding is imminent; or
(b) material is post - confiscation application questioning material if the material becomes questioning material at a time when:
(i) a related confiscation proceeding has commenced against the subject for the material and that proceeding is still to be resolved; or
(ii) such a proceeding is imminent; or
(c) questioning under a questioning warrant is post - confiscation application questioning if the questioning commences at a time when:
(i) a related confiscation proceeding has commenced against the subject of the warrant and that proceeding is still to be resolved; or
(ii) such a proceeding is imminent; or
(d) a questioning warrant is a post - confiscation application questioning warrant if the warrant is issued at a time when:
(i) a related confiscation proceeding has commenced against the subject of the warrant and that proceeding is still to be resolved; or
(ii) such a proceeding is imminent.
"pre-charge" :
(a) a use or disclosure of questioning material or derivative material is a pre - charge use or disclosure if the use or disclosure happens at a time when:
(i) the subject for the material has not been charged with a related offence, and such a charge is not imminent; or
(ii) all such charges have been resolved; or
(b) material is pre - charge questioning material if the material becomes questioning material at a time when:
(i) the subject for the material has not been charged with a related offence, and such a charge is not imminent; or
(ii) all such charges have been resolved; or
(c) questioning under a questioning warrant is pre - charge questioning if the questioning commences at a time when:
(i) the subject of the warrant has not been charged with a related offence, and such a charge is not imminent; or
(ii) all such charges have been resolved.
"pre-confiscation application" :
(a) a use or disclosure of questioning material or derivative material is a pre - confiscation application use or disclosure if the use or disclosure happens at a time when:
(i) a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or
(ii) all such proceedings have been resolved; or
(b) material is pre - confiscation application questioning material if the material becomes questioning material at a time when:
(i) a related confiscation proceeding has not commenced against the subject for the material, and such a proceeding is not imminent; or
(ii) all such proceedings have been resolved; or
(c) questioning under a questioning warrant is pre - confiscation application questioning if the questioning commences at a time when:
(i) a related confiscation proceeding has not commenced against the subject of the warrant, and such a proceeding is not imminent; or
(ii) all such proceedings have been resolved.
"prescribed authority" means a person appointed under subsection 34AD(1).
"proceeds of crime authority" means:
(a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002 ; or
(b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002 ).
"prosecuting authority" means an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence.
"prosecutor" , of the subject of a questioning warrant, means an individual:
(a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and
(b) who:
(i) makes, or is involved in the making of, a decision whether to prosecute the subject for a related offence; or
(ii) is one of the individuals engaging in such a prosecution of the subject.
"questioning material" has the meaning given by subsection 34AB(1).
"questioning warrant" means:
(a) an adult questioning warrant; or
(b) a minor questioning warrant.
"record" has the same meaning as in Division 2.
"related confiscation proceeding" , for questioning material, derivative material or the subject of a questioning warrant, means a confiscation proceeding if the subject matter of the relevant questioning relates to the subject matter of the proceeding.
"related offence" , for questioning material, derivative material or the subject of a questioning warrant, means an offence if the subject matter of the relevant questioning relates to the subject matter of the offence.
"resolved" , in relation to a charge or a confiscation proceeding, has the meaning given by section 34AC.
"screening equipment" means a metal detector or a device for detecting objects or particular substances.
"subject" :
(a) in relation to a questioning warrant--means the person specified in the warrant; or
(b) for questioning material or derivative material--has the meaning given by subsection 34AB(3).
"superior court" means:
(a) the High Court; or
(b) the Federal Court of Australia; or
(c) the Federal Circuit and Family Court of Australia (Division 1); or
(d) the Supreme Court of a State or Territory; or
(da) a State Family Court (being a court to which section 41 of the Family Law Act 1975 applies); or
(e) the District Court (or equivalent) of a State or Territory.
"undergo a screening procedure" : a person undergoes a screening procedure at a place if:
(a) the person walks, or is moved, through screening equipment at the place; or
(b) handheld screening equipment is passed over or around the person or around things that are at the place and in the person's possession or control; or
(c) things that are at the place and in the person's possession or control are passed through screening equipment or examined by X - ray.
"use" , for questioning material or derivative material, includes use of copies, contents or descriptions of that material.