Australian Capital Territory Current Acts Australian Capital Territory Current ActsIn this part:
"assisting officer", in relation to a warrant, means—
(a) a police officer assisting in executing the warrant; or
(b) a person who is not a police officer, but who has been authorised by the relevant executing officer to assist in executing the warrant.
"Commonwealth Crimes Act" means the Crimes Act 1914
(Cwlth).
"conveyance" includes an aircraft, vehicle or vessel.
"evidential material" means a thing relevant to an offence, including a thing in electronic form.
"executing officer", in relation to a warrant, means—
(a) the police officer named in the warrant by the issuing officer as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant—another police officer whose name has been written in the warrant by the police officer named under paragraph (a); or
(c) another police officer whose name has been written in the warrant by the police officer named in the warrant under paragraph (b).
"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—
(a) means—
(i) a print of the person's hands, fingers, feet or toes; or
(ii) a recording of the person's voice; or
(iii) a sample of the person's handwriting; or
(iv) a photograph (including a video recording) of the person; but
(b) does not include a video recording for the purposes of a caution given to a person or a record of interview with the person.
Note Words in the singular number include the plural (see Legislation Act
, s 145 (b)).
"impaired state", for a person, includes a state in which the person has difficulty communicating, or understanding the person's immediate circumstances, or making informed decisions.
Examples
1 a person who has a physical disability that prevents the person from speaking or writing
2 a person who is sedated
3 a person who is affected by drugs or alcohol
"issuing officer", in relation to a warrant to search premises or a person or a warrant for arrest under this part, means—
(a) a judge, the registrar or a deputy registrar of the Supreme Court; or
(b) a magistrate; or
(c) if authorised by the Chief Magistrate to issue such search warrants or arrest warrants (as the case may be)—the registrar or a deputy registrar of the Magistrates Court.
"offence" means an offence against a territory law.
"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, socks and hat; and
(b) an examination of those items.
"police station" includes—
(a) a police station of the Territory; and
(b) a building occupied by the Australian Federal Police.
"premises" includes a place and a conveyance.
"recently used conveyance", in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.
"seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
"serious offence "means an offence punishable by imprisonment for longer than 12 months.
"strip 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 all of his or her garments; and
(b) an examination of the person's body (but not of the person's body cavities) and of those garments.
"tainted property"—see the Confiscation of Criminal Assets Act 2003
"take", identification material, includes requesting another person to take the material.
"target material"—see the Confiscation of Criminal Assets Act 2003
"thing relevant to" an offence means—
(a) anything in relation to which the offence has been committed or is suspected on reasonable grounds to have been committed; or
(b) anything suspected on reasonable grounds to provide evidence of the commission of the offence; or
(c) anything suspected on reasonable grounds to be intended to be used for the purpose of committing the offence.
"warrant" means a warrant under this part.
"warrant premises" means premises in relation to which a warrant is in force.