South Australian Numbered Acts

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TERRORISM (PREVENTATIVE DETENTION) ACT 2005 (NO 71 OF 2005) - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"Australian anti-terrorism law" means a law of the Commonwealth, of this State, or of another State or a Territory directed at preventing the commission of terrorist acts;

"corresponding preventative detention law" means a law of the Commonwealth or of another State or a Territory providing for the making of preventative detention orders;

"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;

"identification material", in relation to a person, means prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or photographs (including video recordings) of the person;

"issuing authority"—see section 4;

"Judge" means a Judge or a retired Judge of the Supreme Court or the District Court;

"lawyer" means a person enrolled as a legal practitioner of the High Court of Australia or the Supreme Court of a State or Territory;

"national security" has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004 of the Commonwealth;

"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;

"seizable item" means anything that—

            (a)         would present a danger to a person; or

            (b)         could be used to assist a person to escape from lawful custody; or

            (c)         could be used to contact another person or to operate a device remotely;

"senior police officer" means a police officer of or above the rank of Assistant Commissioner;

"subject" means the person for whose detention a preventative detention order is made, or applied for, under this Act;

"terrorist act" has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth.

        (2)         This Act applies to a terrorist act, or apprehended terrorist act, whether the act has been, or may be, committed within or outside the State or Australia.



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