Commonwealth Consolidated Acts

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EXCISE ACT 1901 - SECT 107AA

Definitions

    In this Division, unless the contrary intention appears:

"container" includes:

  (a)   a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and

  (b)   any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.

Note:   Container is defined differently in the rest of the Act.

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

"executing officer" , in relation to a search warrant or to a seizure warrant, means:

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

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

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

"forfeited goods" means goods forfeited to the Crown under section   116.

"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.

"judicial officer" , in relation to a search warrant or to a seizure warrant, 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.

"magistrate" means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.

"occupier" , in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.

"offence" means any of the following:

  (a)   an offence against this Act;

  (b)   an offence against a provision in Division   308 in Schedule   1 to the Taxation Administration Act 1953 .

"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 or hat; and

  (b)   an examination of those items.

"person assisting" , in relation to a search warrant or to a seizure warrant, means:

  (a)   an officer who is assisting in the execution of the warrant; or

  (b)   a police officer who is assisting in the execution of the warrant; or

  (c)   a person whose name has not been written in the warrant and who has been authorised by the CEO to assist in executing the warrant.

"premises" includes a place, a conveyance or a container.

"search warrant" means a warrant issued under section   107BA.

"seizure notice" means a notice of the kind referred to in section   107FC.

"seizure warrant" means a warrant issued under section   107CA.

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


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