Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"Aboriginal Community Police officer" means a person appointed as an Aboriginal Community Police officer under section 19.
"affected member", for Part VII, Division 7AA, see section 147FA(1).
"aircraft", for Part VII, see section 116(2).
"ammunition", for Part VII, see section 116(2).
"Appeal Board" includes a Promotions Appeal Board, a Disciplinary Appeal Board and an Inability Appeal Board.
"approved member", for Part VII, Division 1C, see section 116K.
"Assistant Commissioner" means an Assistant Commissioner of Police appointed under section 8.
"at", for Part VII, see section 116(2).
"child", for Part VII, Division 7AA, see section 147FA(1).
"Commissioner" means the Commissioner of Police appointed under section 7.
"corresponding jurisdiction" means any of the following in which a forensic law is in force:
(a) the Commonwealth, a State or another Territory;
(b) a foreign country prescribed by the Regulations.
"court", for Part VII, Division 7AA, see section 147FA(1).
"dangerous drug", see section 120A.
"declared area", for Part VII, Division 5A, see section 135A.
"Deputy Commissioner" means a Deputy Commissioner of Police appointed under section 7.
"disease test approval", for Part VII, Division 7AA, see section 147FA(1).
"disease test authorisation", for Part VII, Division 7AA, see section 147FA(1).
"disease test order", for Part VII, Division 7AA, see section 147FA(1).
"dismiss", in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member because of a breach of discipline.
"explosive", for Part VII, see section 116(2).
"firearm", see section 3(1) of the Firearms Act 1997 .
"forensic law" means a law providing for the carrying out of a forensic procedure.
"forensic procedure" means an intimate procedure or non-intimate procedure.
"forensic procedure approval" means an approval to carry out a forensic procedure given by:
(a) a Local Court Judge under section 145(4) ;
(b) a Local Court Judge under section 30 or 31 of the Youth Justice Act 2005 ; or
(c) a member of the Police Force under:
(i) section 145A(1); or
(ii) section 31(2)(b) of the Youth Justice Act 2005 .
"general orders" means general orders and instructions, as in force from time to time, issued under section 14A.
"grounds for disease testing", for Part VII, Division 7AA, see section 147FB(5).
"hand held scanner", for Part VII, Division 1C, see section 116K.
"hand held scanner authority", for Part VII, Division 1C, see section 116KB(5).
"health practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in a health profession, other than as:
(a) a diagnostic radiographer in the diagnostic radiographer division of the medical radiation practice profession; or
(b) a student.
"high risk area", for Part VII, Division 1C, see section 116K.
"incapable person", for Part VII, Division 7AA, see section 147FA(1).
"infectious disease", for Part VII, Division 7AA, see section 147FA(1).
"infringement notice offence", for Part VII, Division 4AA, see section 133AA.
"intimate procedure" includes the following procedures:
(a) examining the body, either internally or externally;
(b) taking from the body a substance on or in the body;
(c) taking a sample of a substance on or in the body;
(d) taking a sample of blood (other than by a swab or washing from an external part of the body);
(e) taking a sample of pubic hair;
(f) taking a sample from the external genital or anal area or the buttocks by swab or washing;
(g) taking a sample from the external genital or anal area or the buttocks by vacuum suction, scraping or lifting by tape;
(h) taking a dental impression or an impression of a bite mark;
(j) taking a photograph, or an impression or cast, of a wound to the genital or anal area or the buttocks;
(k) taking an X ray;
(m) taking a sample of urine;
(n) in the case of a female:
(i) examining the breasts;
(ii) taking a sample from the breasts by swab or washing;
(iii) taking a sample from the breasts by vacuum suction, scraping or lifting by tape; and
(iv) taking a photograph, or an impression or cast, of a wound to the breast.
"intoxicated", for Part VII, Division 4, see section 127A.
"member" means a member of the Police Force.
"merit", for appointment or promotion to a rank in the Police Force, see section 15A.
"non-intimate procedure" includes the following procedures:
(a) taking a sample of saliva or a sample by buccal swab;
(b) examining a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;
(c) taking a sample of hair other than pubic hair;
(d) taking a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;
(e) taking a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;
(f) taking a hand print, fingerprint, footprint or toe print;
(g) taking a photograph of, or an impression or cast of a wound to, a part of the body other than the genital or anal area or the buttocks or, in the case of a female, the breasts;
(h) taking a photograph of a person.
"nurse", for Part VII, Division 7AA, see section 147FA(1).
"offence", for Part VII, see section 116(2).
"Ombudsman", see section 4 of the Ombudsman Act 2009 .
"place", for Part VII, see section 116(2).
"Police Association" means the Northern Territory Police Association.
"Police auxiliary" means a person appointed as a Police auxiliary under section 19.
"Police Cadet" means a Police Cadet appointed under section 18.
"Police Civil Employment Unit" means the Agency of that name specified in Schedule 1 to the Public Sector Employment and Management Act 1993 .
"police dog" means a dog used by the Police Force in the performance of the functions of the Police Force.
"Police Force" means the Police Force of the Northern Territory of Australia established by this Act.
"Police Gazette" means a document published under section 165(1).
"police horse" means a horse used by the Police Force in the performance of the functions of the Police Force.
"precursor", see section 3(1) of the Misuse of Drugs Act 1990 .
"premises", for Part VII, see section 116(2).
"prescribed member" means a member holding the prescribed rank.
"Professional Standards Command" means the Ethical and Professional Standards Command of the Police Force established by section 34G.
"Professional Standards Command" "member" means a member assigned to the Professional Standards Command.
"proper authority", of a corresponding jurisdiction, means:
(a) the person performing functions in relation to the police force or service of the corresponding jurisdiction that correspond to the functions of the Commissioner; or
(b) an entity prescribed by the Regulations.
"protected person", for Part VII, Division 7AA, see section 147FA(1).
"public disorder", for Part VII, Division 5A, see section 135A.
"public disorder declaration", for Part VII, Division 5A, see section 135B(1).
public place :
(a) for Part VII, Division 1C – see section 116K ; or
(b) for Part VII, Division 5A – see section 135A.
"public transport facility", for Part VII, Division 1C, see section 116KA.
"public transport vehicle", for Part VII, Division 1C, see section 116K.
"qualified person", for Part VII, Division 7AA, see section 147FA(1).
"responsible Minister", of a corresponding jurisdiction, means the Minister responsible for administering a forensic law of the jurisdiction.
"responsible person", for Part VII, Division 7AA, see section 147FA(2).
"restricted weapon", for Part VII, see section 116(2).
"retire", in Parts IV, V and VI, in relation to a member, means to terminate the employment of the member otherwise than by dismissing the member.
"senior member", for Part VII, Division 7AA, see section 147FA(1).
"ship", for Part VII, see section 116(2).
"Special Constable" means a Special Constable appointed under Division 4 of Part II.
"substance", for Part VII, Division 7AA, see section 147FA(1).
"suspected offence area", for Part VII, Division 1C, see section 116KB(1).
"third party", for a transferor, means:
(a) a responsible person for the transferor on whom an application for a disease test order is served under section 147FI; or
(b) another responsible person for the transferor appointed third party under section 147FJ(1)(d).
"transfer of a substance", for Part VII, Division 7AA, see section 147FA(1).
"transferor", for Part VII, Division 7AA, see section 147FA(1).
"Tribunal" means the Police Arbitral Tribunal formerly constituted under the Police and Police Offences Ordinance and continued under Part III of this Act.
"use", for Part VII, Division 1C, see section 116K.
"vehicle", for Part VII, see section 116(2).
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
(2) A reference in this Act to this Act includes a reference to the Regulations.
(3) Except in Part VII, a reference in this Act to a "member" includes a reference to a member of the Police Force who is on probation under section 16A and has not yet taken an oath mentioned in section 26.