Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 195

In this part:

"at" includes in or on.

"data "includes—

        (a)     information in any form; and

        (b)     any program (or part of a program).

"data storage device "means a thing containing, or designed to contain, data for use by a computer.

"executing police officer", of a search warrant, means—

        (a)     the police officer (the first police officer ) named in the warrant as the police officer responsible for executing the warrant; or

        (b)     if the first 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 first police officer; or

        (c)     another police officer whose name has been written in the warrant by the police officer last named in the warrant.

"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.

"issuing officer", for a search warrant, means—

        (a)     a judge, the registrar or a deputy registrar of the Supreme Court; or

        (b)     a magistrate; or

        (c)     the registrar or a deputy registrar of the Magistrates Court if authorised by the Chief Magistrate to issue search warrants under this part.

"occupier", of premises, includes—

        (a)     a person believed, on reasonable grounds, to be an occupier of the premises; and

        (b)     a person apparently in charge of the premises.

"ordinary search "means a search of a person or of articles in a person's possession, which may include—

        (a)     requiring the person to remove the person's overcoat, coat or jacket and any gloves, shoes or hat; and

        (b)     an examination of those items.

"person assisting", in relation to a search warrant, means a person who has been authorised by an executing police officer to assist in executing the warrant.

"premises" includes the following:

        (a)     land (whether vacant or occupied);

        (b)     any structure, building, vehicle or place (whether built or not);

        (c)     any part of a structure, building, vehicle or place.

"search warrant" means a warrant issued under section 199 (Issuing search warrants) that is in force.

"target material" means—

        (a)     property (including tainted property and property under the effective control of a person) in relation to which action has been or could be taken under this Act; or

Note 1     For the meaning of effective control , see s 14.

Note 2     For the meaning of in relation to , see dict.

        (b)     benefits derived by a person from the commission of a relevant offence; or

        (c)     evidence in relation to property or benefits mentioned in paragraph (a) or (b); or

        (d)     evidence in relation to a relevant offence.

"vehicle" includes an aircraft or vessel.