Victorian Current Acts

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CRIMES ACT 1958 - SECT 340


    (1)     In this Part—

S. 340(1) def. of appropriate authority amended by No. 37/2014 s. 10(Sch. item 36.10(a)).

"appropriate authority" means—

        (a)     in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force or police service of that State or Territory functions corresponding to those of the Chief Commissioner appointed under the Victoria Police Act 2013 in relation to Victoria Police;

        (b)     in relation to the Australian Capital Territory—the Commissioner of the Australian Federal Police;

"corresponding law" means a law of another State, or of a Territory, of the Commonwealth declared by Proclamation to be a corresponding law;

"night" means the interval between 9 o'clock in the evening and 6 o'clock in the morning;

"obstruct" includes assault, threaten, abuse, insult, intimidate, hinder and attempt to obstruct;

"offence to which this Part applies" means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in Victoria, would attract criminal liability under the law of Victoria);

"owner", of an object, includes a person entitled to possession of the object;

S. 340(1) def. of police force repealed by No. 37/2014 s. 10(Sch. item 36.10(b)).

    *     *     *     *     *

"premises" means a building, structure or any place whatsoever (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;

"reciprocating State" means another State, or a Territory, of the Commonwealth—

        (a)     in which a corresponding law is in force; and

        (b)     in relation to which arrangements are in force under section 344 ;

"search warrant" means a warrant under this Part authorising a search of premises.

    (2)     For the purposes of this Part—

        (a)     anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed; or

        (b)     anything that may afford evidence of the commission of an offence; or

        (c)     anything intended to be used for the purpose of committing an offence—

is an object relevant to the investigation of the offence.

    (3)     The Governor in Council may, by proclamation published in the Government Gazette, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law.

New s. 341 inserted by No. 70/1987 s. 4.

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