Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
"digital asset" means:
(a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:
(i) a type of distributed ledger technology; or
(ii) another distributed cryptographically verifiable data structure; or
(b) a right or thing prescribed by the regulations;
but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Part.
"electronic service" has the same meaning as in the Online Safety Act 2021 .
"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.
"seize" , for a digital asset, has a meaning affected by subsection 3FA(8).
"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.