Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 116

Interpretation

    (1)     For this Part:

        (a)     anything with respect to which an offence has been committed or is believed on reasonable grounds to have been committed;

        (b)     anything with respect to which there are reasonable grounds for believing that it will offer evidence of the commission of any such offence; or

        (c)     anything with respect to which there are reasonable grounds for believing that it is intended to be used for the purposes of committing any such offence,

shall be taken to be a thing connected with or relating to an offence, and includes anything that has been unlawfully obtained in connection with or relating to an offence.

    (2)     In this Part:

"aircraft" includes any machine that can derive support in the atmosphere from the reactions of the air.

"ammunition", see the Firearms Act 1997 .

"at", a place, includes in or on the place.

"explosive" includes the following:

        (a)     a substance or compound that is, itself, or in combination with another substance or compound, by the application of a suitable stimulus to a small portion of its mass, capable of:

            (i)     being converted almost instantaneously into another substance, largely or entirely gaseous; and

            (ii)     creating an explosion;

        (b)     a device made or adapted to enable it to be used in combination with a substance or compound mentioned in paragraph (a) to create an explosion;

        (c)     anything prescribed by regulation to be an explosive.

"offence" means an offence against a law of the Territory or an Act of the Commonwealth.

"place" includes:

        (a)     vacant land;

        (b)     premises; and

        (c)     an aircraft, ship, train or vehicle.

"premises" includes:

        (a)     a building or structure;

        (b)     a part of a building or structure; and

        (c)     land on which a building or structure is situated.

"restricted weapon" means:

        (a)     a firearm; or

        (b)     a controlled weapon, an offensive weapon or a prohibited weapon, each as defined in section 3 of the Weapons Control Act 2001 .

"ship" means a vessel or boat of any description, and includes a floating structure and a hovercraft or similar craft, but does not include a ship under the control of the Australian Defence Force or the defence force of a foreign country.

"vehicle" means any vehicle propelled by internal combustion, steam, gas, oil, electricity or any other power and used or intended for use or adapted or capable of being adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer or caravan intended or adapted or capable of being adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to form or to have formed part of such a vehicle, trailer or caravan and anything attached to such a vehicle, trailer or caravan.

    (7)     In this Part, a reference to an information, unless the contrary intention appears, includes a complaint, and informant includes a complainant.

    (8)     For this Part, a person is deemed to have made an application to a court, judge or justice of the peace by telephone if the person's application, any submissions concerning the application, and any information required by the court, judge or justice of the peace in connection with the application are given to the judge or justice either wholly or in part, by means of telephone, telex, radio or similar facilities.

    (9)     For the purposes of this Part, a person shall not be taken to have been charged with an offence unless:

        (a)     subject to paragraph (b), particulars of the charge have been entered in a Police Station charge book; or

        (b)     where it is not practicable to comply with the requirements of paragraph (a), a person is held in custody following his arrest and has been advised by a member that he will be charged with an offence.



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