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CRIMES ACT 1914 - SECT 3C

Interpretation

             (1)  In this Part, unless the contrary intention appears:

"account-based data" has the meaning given by section 3CAA.

"carrier" means:

                     (a)  a carrier within the meaning of the Telecommunications Act 1997 ; or

                     (b)  a carriage service provider within the meaning of that Act.

"communication in transit" means a communication (within the meaning of the Telecommunications Act 1997 ) passing over a telecommunications network (within the meaning of that Act).

"constable assisting" , in relation to a warrant, means:

                     (a)  a person who is a constable and who is assisting in executing the warrant; or

                     (b)  a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.

"data held in a computer" includes:

                     (a)  data held in any removable data storage device for the time being held in a computer; or

                     (b)  data held in a data storage device on a computer network of which the computer forms a part.

"electronic service" has the same meaning as in the Enhancing Online Safety Act 2015 .

"emergency situation" , in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person's life, health or safety that requires the executing officer and constables assisting to leave the premises.

"evidential material" means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.

"executing officer" , in relation to a warrant, means:

                     (a)  the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or

                     (b)  if that constable does not intend to be present at the execution of the warrant--another constable whose name has been written in the warrant by the constable so named; or

                     (c)  another constable whose name has been written in the warrant by the constable last named in the warrant.

"frisk search" means:

                     (a)  a search of a person conducted by quickly running the hands over the person's outer garments; and

                     (b)  an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

"issuing officer" , in relation to a warrant to search premises or a person or a warrant for arrest under this Part, means:

                     (a)  a magistrate; or

                     (b)  a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants or warrants for arrest, as the case may be.

Note:          Under section 3ZZBJ, an eligible issuing officer (within the meaning of Part IAAA) may, as specified in that section, consider and deal with an application for a warrant as if the eligible issuing officer were an issuing officer within the meaning of this Part.

"magistrate" , in sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB, has a meaning affected by section 3CA.

"offence" means:

                     (a)  an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982 ); or

                     (b)  an offence against a law of a Territory; or

                     (c)  a State offence that has a federal aspect.

"ordinary search" means a search of a person or of articles in the possession of a person that may include:

                     (a)  requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

                     (b)  an examination of those items.

"police station" includes:

                     (a)  a police station of a State or Territory; and

                     (b)  a building occupied by the Australian Federal Police.

"premises" includes a place and a conveyance.

"recently used conveyance" , in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.

"seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.

"serious offence" means an offence:

                     (a)  that is punishable by imprisonment for 2 years or more; and

                     (b)  that is one of the following:

                              (i)  a Commonwealth offence;

                             (ii)  an offence against a law of a State that has a federal aspect;

                            (iii)  an offence against a law of a Territory; and

                     (c)  that is not a serious terrorism offence.

"serious terrorism offence" means:

                     (a)  a terrorism offence (other than offence against section 102.8, Division 104 or Division 105 of the Criminal Code ); or

                     (b)  an offence against a law of a State:

                              (i)  that has a federal aspect; and

                             (ii)  that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104 or Division 105 of the Criminal Code ); or

                     (c)  an offence against a law of a Territory that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8, Division 104 or Division 105 of the Criminal Code ).

"strip search" means a search of a person or of articles in the possession of a person that may include:

                     (a)  requiring the person to remove all of his or her garments; and

                     (b)  an examination of the person's body (but not of the person's body cavities) and of those garments.

"telecommunications facility" means a facility within the meaning of the Telecommunications Act 1997 .

"warrant" means a warrant under this Part.

"warrant premises" means premises in relation to which a warrant is in force.

             (2)  A person referred to in paragraph (b) of the definition of constable assisting in subsection (1) must not take part in searching or arresting a person.



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