Australian Capital Territory Numbered Acts

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CRIMES (AMENDMENT) ACT (NO. 2) 1994 (NO. 75 OF 1994) - SECT 4

Substitution

4. The heading to Division 1 of Part X of the Principal Act is omitted and the following Division and Division heading are substituted:

“ Division 1—Preliminary

Interpretation

“349AA. In this Part, unless the contrary intention appears:

‘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 of the Commonwealth;
‘conveyance' includes an aircraft, vehicle or vessel;
‘evidential material' means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such 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;

        (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;

‘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;

        (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;

‘medical practitioner' means a person—

        (a)     who is registered under the Medical Practitioners Act 1930 ; or

        (b)     who is to be deemed to be registered under that Act by virtue of section 25 of the Mutual Recognition Act 1992 of the Commonwealth;

‘offence' means an offence against a law of the Territory;
‘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 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;
‘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;

‘summary offence' means an offence that is punishable on summary conviction as provided by section 33E of the Interpretation Act 1967 ;
‘thing relevant to an indictable offence' means—

        (a)     anything with respect to which an indictable offence has been committed or is suspected, on reasonable grounds, to have been committed;

        (b)     anything which is suspected, on reasonable grounds, to afford evidence of the commission of an indictable offence; or

        (c)     anything which is suspected, on reasonable grounds, to be intended to be used for the purpose of committing an indictable offence;

‘thing relevant to a summary offence' means—

        (a)     anything with respect to which a summary offence has been committed or is suspected, on reasonable grounds, to have been committed;

        (b)     anything which is suspected, on reasonable grounds, to afford evidence of the commission of a summary offence; or

        (c)     anything which is suspected, on reasonable grounds, to be intended to be used for the purpose of committing a summary offence;

‘warrant' means a warrant under this Part;
‘warrant premises' means premises in relation to which a warrant is in force.

“349AB. (1) This Part is not intended to limit or exclude the operation of any other law of the Territory relating to—

        (a)     the search of persons or premises;

        (b)     arrest and related matters;

        (c)     the stopping, detaining or searching of conveyances; or

        (d)     the seizure of things.

“(2) To avoid any doubt, it is declared that even though another law of the Territory provides power to do 1 or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.

“ Division 1A—Preventative action ”.


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