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CRIMES ACT 1914 - SECT 3ZZAC

Definitions

                   In this Part:

"adjoining premises " , in relation to particular premises, means premises adjoining, or providing access, to the premises.

"adjoining premises occupier's notice " : see section 3ZZDB.

"applicable normal search warrant regime " : see subsection 3ZZBJ(2).

"authorised agency " means the Australian Federal Police.

"chief officer " , in relation to an authorised agency or eligible agency, means the Commissioner.

"damage " , in relation to data, includes damage by erasure of data or addition of other data.

"day of execution " of a delayed notification search warrant means the day on which the warrant premises were first entered under the warrant.

"delayed notification search warrant " : see subsection 3ZZAA(2).

"eligible agency " : see subsection 3ZZAA(3).

"eligible issuing officer " : see subsection 3ZZAD(1).

"eligible offence " : see subsection 3ZZAA(4).

"eligible officer " of an authorised agency or eligible agency means a member or special member of the Australian Federal Police.

"emergency situation " , in relation to the execution of a delayed notification search warrant in relation to premises, means a situation that the executing officer or a person 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 persons assisting to leave the premises.

"evidential material " means a thing relevant to an eligible offence, or an indictable offence, that has been, is being, is about to be or is likely to be committed.

"executing officer " , in relation to a delayed notification search warrant, means:

                     (a)  the eligible officer of the authorised agency who is named in the warrant by the eligible issuing officer as being responsible for executing the warrant; or

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

                     (c)  another eligible officer of the authorised agency whose name has been written in the warrant by the eligible officer of the authorised agency last named in the warrant.

"inspecting officer " means a person appointed under subsection 3ZZGA(1).

"nominated AAT member " means a person in relation to whom a nomination is in force under section 3ZZAF.

"person assisting " , in relation to a delayed notification search warrant, means:

                     (a)  a person who is an eligible officer of the authorised agency and who is assisting in the execution of the warrant; or

                     (b)  another person who has been authorised by the executing officer to assist in executing the warrant.

"premises " includes a place and a conveyance.

"relevant eligible agency " , in relation to a thing seized under this Part, is the eligible agency whose chief officer authorised the application for the delayed notification search warrant under which the thing was seized.

"staff member " of an authorised agency or eligible agency means a person referred to in paragraph (a) of the definition of law enforcement officer in subsection 3(1).

"State or Territory agency " : see section 3ZZGF.

"State or Territory inspecting authority " : see section 3ZZGF.

"State or Territory law enforcement agency " means:

                     (a)  the police force or police service of a State or Territory; or

                     (b)  the New South Wales Crime Commission constituted by the Crime Commission Act 2012 (NSW); or

                     (c)  the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 (NSW); or

                     (d)  the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016 (NSW); or

                     (e)  the Independent Broad-based Anti-corruption Commission established by the Independent Broad-based Anti-corruption Commission Act 2011 (Vic.); or

                      (f)  the Crime and Corruption Commission established by the Crime and Corruption Act 2001 (Qld); or

                     (g)  the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 (WA); or

                     (h)  the Independent Commissioner Against Corruption established by the Independent Commissioner Against Corruption Act 2012 (SA); or

                      (i)  the Integrity Commission established by the Integrity Commission Act 2009 (Tas.).

"thing " includes a thing in electronic form.

"warrant premises " means premises in relation to which a delayed notification search warrant is in force, but does not include any adjoining premises that are also authorised to be entered under the warrant.

"warrant premises occupier's notice " : see section 3ZZDA.



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