Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"account" has the same meaning as in the Proceeds of Crime Act.
"agent" has the same meaning as in the Proceeds of Crime Act.
"appropriate authority" , in relation to an authorisation given by the Attorney - General for the purposes of compliance with a request by the ICC for assistance of a particular type, means:
(a) an officer of the Commonwealth; or
(b) a police officer;
authorised by the Attorney - General to act in connection with the provision of the assistance.
"appropriate court" means the Federal Court or the Supreme Court of a State.
"appropriate Ministerial consent" to the service by an ICC prisoner in Australia of a sentence of imprisonment imposed by the ICC means consent to the sentence being served in Australia given by:
(a) the Attorney - General; and
(b) the Minister administering the Migration Act 1958 ; and
(c) the State Minister of the State in which the prisoner is to begin to serve the sentence.
"Australia" , when used in a geographical sense, includes all the external Territories.
"Australian law" means a law of the Commonwealth, a law of a State or a law of a Territory.
"authenticated by the ICC" means authenticated by the ICC under the Statute or the Rules.
"authorised officer" has the same meaning as in the Proceeds of Crime Act.
"benefit" has the same meaning as in the Proceeds of Crime Act.
"carrier" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 (other than Part 5 - 4 or 5 - 4A of that Act).
"child" has the same meaning as in Part ID of the Crimes Act 1914 .
"communication" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"conduct" means:
(a) an act; or
(b) an omission to perform an act.
"constable" has the same meaning as in the Crimes Act 1914 .
"crime within the jurisdiction of the ICC" means:
(a) an international crime; or
(b) an offence against the administration of the ICC's justice.
"DPP" means the Director of Public Prosecutions.
"eligible law enforcement officer" has the meaning given by subsection 79A(2).
"enforcement agency" has the same meaning as in the Proceeds of Crime Act.
"enforcement conditions" has the meaning given by subsection 160(1).
"escort officer" , in relation to an ICC prisoner, means the police officer, prison officer or other person specified in the warrant authorising the transfer of the ICC prisoner under Part 12 as the escort officer for the ICC prisoner.
"evidence" includes expert evidence.
"evidential material" means:
(a) in Subdivision F of Division 14 of Part 4--evidence relating to:
(i) property in relation to which a forfeiture order has been or could be made; or
(ii) property in relation to which a restraining order has been or could be made for the purposes of section 82; or
(iii) property of a person in relation to whom a pecuniary penalty order may be enforced as described in section 159; or
(iv) proceeds of a crime within the jurisdiction of the ICC; or
(v) benefits derived from the commission of a crime within the jurisdiction of the ICC; or
(b) otherwise--a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.
"examination" of a site that is a grave includes exhumation of the grave.
"executing officer" , in relation to a warrant, means:
(a) the police officer named in the warrant, by the magistrate who issued the warrant, 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 so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
"Federal Court" means the Federal Court of Australia.
"federal prisoner" means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of the Commonwealth or of a Territory; or
(b) is under a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory;
but does not include a person who is at large after having escaped from lawful custody.
"financial institution" has the same meaning in Division 14 of Part 4, and in Part 11, as that expression has in the Proceeds of Crime Act.
"forensic evidence" has the same meaning as in Part ID of the Crimes Act 1914 .
"forensic material" has the same meaning as in Part ID of the Crimes Act 1914 .
"forensic procedure" has the same meaning as in Part ID of the Crimes Act 1914 .
"forfeiture order" means an order made by the ICC under paragraph 2(b) of article 77 of the Statute for the forfeiture of proceeds of a crime within the jurisdiction of the ICC.
"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.
"ICC" means the International Criminal Court established under the Statute, and includes any of the organs of that Court within the meaning of the Statute.
"ICC prisoner" means a person who is to serve, or is serving, a sentence of imprisonment imposed by the ICC.
"incapable person" has the same meaning as in Part ID of the Crimes Act 1914 .
"interception warrant information" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"interest" , in relation to property, has the same meaning as in the Proceeds of Crime Act.
"international crime" means a crime in respect of which the ICC has jurisdiction under article 5 of the Statute.
"law" , in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, of that State or of that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, in that State or in that Territory or in any part of the Commonwealth, of that State or of that Territory.
"law enforcement agency" has the same meaning as in the Surveillance Devices Act 2004 .
"law enforcement officer" has the same meaning as in the Surveillance Devices Act 2004 .
"lawfully intercepted information" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"lawfully obtained in Australia" has a meaning affected by subsection 69A(3).
"offence against the administration of the ICC's justice" means an offence against the administration of the ICC's justice referred to in article 70 of the Statute.
"officer" , in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
"officer assisting" , in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and has been authorised by the relevant executing officer to assist in executing the warrant.
"Official Trustee" means the Official Trustee in Bankruptcy.
"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.
"parent" has the same meaning as in the Crimes Act 1914 .
"person assisting" has the same meaning as in the Proceeds of Crime Act.
"POCA search warrant" means a search warrant issued under Part 3 - 5 of the Proceeds of Crime Act in relation to a crime within the jurisdiction of the ICC.
"police officer" means:
(a) a member or special member (within the meaning of the Australian Federal Police Act 1979 ) of the Australian Federal Police; or
(b) a member of the police force or police service of a State .
"police station" includes:
(a) a police station of a State or Territory; and
(b) a building occupied by the Australian Federal Police.
"possession" , in relation to a thing, includes having the thing under control in any place whatsoever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.
"premises" includes a place and a conveyance.
"Pre-Trial Chamber" means the Pre - Trial Chamber of the ICC.
"prisoner" , except in the expression ICC prisoner , means a federal prisoner or a State prisoner.
"prison officer" means a person appointed or employed to assist in the management of a prison.
"proceeds" of a crime within the jurisdiction of the ICC means proceeds (within the meaning of the Proceeds of Crime Act) of such a crime.
"proceeds jurisdiction" has the same meaning as in the Proceeds of Crime Act.
" Proceeds of Crime Act" means the Proceeds of Crime Act 2002 .
"proceeds of crime authority" has the same meaning as in the Proceeds of Crime Act.
Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the DPP (see the definition of proceeds of crime authority in section 338 of that Act).
"proceeds request" has the meaning given by section 81.
"property" means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.
"Prosecutor" means the Prosecutor of the ICC.
"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.
"related crime within the jurisdiction of the ICC" : a crime within the jurisdiction of the ICC is related to another crime within the jurisdiction of the ICC if the physical elements of the 2 crimes are substantially the same acts or omissions.
"request for arrest and surrender" of a person means a request made to Australia by the ICC for the arrest and surrender of the person and, if a request has previously been made by the ICC for the provisional arrest of the person, includes a subsequent request made by the ICC for the surrender of the person.
"request for cooperation" has the meaning given by section 7.
"request for provisional arrest" of a person means a request made to Australia by the ICC for the provisional arrest of the person.
"request for surrender" of a person means a request made by the ICC for the surrender of the person, whether in conjunction with a request made by the ICC for the arrest of the person or subsequent to a request made by the ICC for the provisional arrest of the person.
"responsible enforcement agency head" means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant.
" restraining order" means a restraining order under section 17 of the Proceeds of Crime Act.
"Rules" means the Rules of Procedure and Evidence in force under article 51 of the Statute.
"search warrant" (except in Part 4) means a warrant issued under section 111.
"seizable item" means anything that would present a danger to a person or could be used to assist a person to escape from lawful custody.
"senior police officer" has the meaning given by subsection 88(3).
"serve" a sentence imposed by the ICC includes complete the service of such a sentence that has been partly served.
"State" includes the Australian Capital Territory and the Northern Territory.
"State Minister" means:
(a) in relation to a particular State other than the Australian Capital Territory or the Northern Territory --the Minister of the State administering the law of the State relating to the transfer of prisoners; and
(b) in relation to the Australian Capital Territory--the Minister for the Australian Capital Territory administering the law of the Australian Capital Territory relating to the transfer of prisoners; and
(c) in relation to the Northern Territory --the Minister for the Northern Territory administering the law of the Northern Territory relatin g to the transfer of prisoners;
and includes any Minister acting for the time being for or on behalf of the Minister referred to in any of the above paragraphs and any person to whom the Minister so referred to has delegated any of the Minister's functions under this Act.
"State prisoner" means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of a State; or
(b) is under a sentence of imprisonment for an offence against a law of a State, or is otherwise subject to detention under a law of a State;
but does not include a person who is at large after having escaped from lawful custody.
"Statute" means the Statute of the International Criminal Court done at Rome on 17 July 1998, a copy of the English text of which is set out in Schedule 1 .
"statutory form" , in relation to a warrant, notice, application or direction, means the form of the warrant, notice, application or direction, as the case may be, set out in the regulations.
"stored communication" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"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.
"superintendent" of a prison means the person for the time being in charge of the prison.
"surrender" of a person means surrender of the person to the ICC.
"surrender warrant" means a warrant issued under section 28.
"telecommunications system" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"Territory" does not include the Australian Capital Territory or the Northern Territory.
"Trial Chamber" means the Trial Chamber of the ICC.
"warrant premises" means premises in relation to which a search warrant is in force.