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 2002 .
"agent" has the same meaning as in the Proceeds of Crime Act 2002 .
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian law" means a law of the Commonwealth, a State or a Territory.
"authorised officer" has the same meaning as in the Proceeds of Crime Act 2002 .
"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 .
"constable" has the same meaning as in the Crimes Act 1914 .
"defendant" has the meaning given by section 40AA.
"eligible law enforcement officer" has the meaning given by subsection 32A(2).
"enforcement agency" has the same meaning as in the Proceeds of Crime Act 2002 .
"evidential material" means:
(a) in Subdivision F of Division 6 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 40AC; or
(iii) proceeds of a Tribunal offence; or
(b) otherwise--a thing relevant to a Tribunal 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 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 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 as in the Proceeds of Crime Act 2002 .
"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:
(a) an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of property in respect of a Tribunal offence; or
(b) a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of property under that Statute or those rules.
"Former Yugoslavia Tribunal" :
(a) means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by United Nations Security Council Resolution 827 S/RES/827 (1993); and
(b) includes the organs referred to in Article 11 of the Statute of the Tribunal.
Note: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).
"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.
"incapable person" has the same meaning as in Part ID of the Crimes Act 1914 .
"interest" , in relation to property, has the same meaning as in the Proceeds of Crime Act 2002 .
"International Residual Mechanism for Criminal Tribunals" :
(a) means the International Residual Mechanism for Criminal Tribunals, established by United Nations Security Council Resolution 1966 S/RES/1966 (2010); and
(b) includes the organs referred to in Article 4 of the Statute of the Tribunal.
Note 1: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).
Note 2: The United Nations Security Council decided on 22 December 2010 to establish this Mechanism to carry out residual functions of the Former Yugoslavia Tribunal and the Rwanda Tribunal.
"law" , in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, that State or that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, that State or that Territory or in any part of the Commonwealth, that State or 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 obtained in Australia" has a meaning affected by subsection 25A(3).
"magistrate" means:
(a) a magistrate of a Territory; or
(b) a magistrate of a State (other than the Northern Territory) in respect of whom an arrangement under section 82 is in force; or
(c) a Judge, or an acting Judge, of the Local Court of the Northern Territory in respect of whom an arrangement under section 82 is in force.
Note: The Australian Capital Territory and the Northern Territory are treated as States under this Act--see section 5.
"offence" , in relation to an Australian law, includes an offence against a law relating to taxation, customs duty or other revenue matters or relating to foreign exchange control.
"officer" , in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act 2002 .
"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 who has been authorised by the relevant executing officer to assist in executing the warrant.
"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 2002 .
"POCA search warrant" means a search warrant issued under Part 3 - 5 of the Proceeds of Crime Act 2002 in relation to a Tribunal offence.
"police officer" means:
(a) a member or special member 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.
"premises" includes a place and a conveyance.
"prisoner" means a federal prisoner or a State prisoner.
"proceeds" of a Tribunal offence means proceeds (within the meaning of the Proceeds of Crime Act 2002 ) of such an offence.
"proceeds jurisdiction" has the same meaning as in the Proceeds of Crime Act 2002 .
"proceeds of crime authority" has the same meaning as in the Proceeds of Crime Act 2002 .
Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that Act).
"proceeds request" has the meaning given by section 40AA.
"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.
"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 Tribunal offence" : a Tribunal offence is related to another Tribunal offence if the physical elements of the 2 offences are substantially the same acts or omissions.
"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 2002 .
"Rwanda Tribunal" :
(a) means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by United Nations Security Council Resolution 955 S/RES/955 (1994); and
(b) includes the organs referred to in Article 10 of the Statute of the Tribunal.
Note: In 2013, the text of United Nations Security Council resolutions was accessible through the United Nations website (www.un.org).
"search warrant" means a warrant issued under section 47.
"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.
"senior police officer" has the meaning given by subsection 40AH(3).
"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 of the Tribunal" means:
(a) for the Former Yugoslavia Tribunal--the Statute of the Tribunal:
(i) adopted by United Nations Security Council Resolution 827 S/RES/827 (1993); and
(ii) annexed to the United Nations Secretary - General's report S/25704 (1993) given pursuant to paragraph 2 of United Nations Security Council Resolution 808 S/RES/808 (1993); and
(b) for the Rwanda Tribunal--the Statute of the Tribunal annexed to (and adopted by) United Nations Security Council Resolution 955 S/RES/955 (1994); and
(c) for the International Residual Mechanism for Criminal Tribunals--the Statute of the Mechanism in Annex 1 to (and adopted by) United Nations Security Council Resolution 1966 S/RES/1966 (2010).
Note: In 2013, the text of United Nations Security Council resolutions and United Nations Secretary - General reports was accessible through the United Nations website (www.un.org).
"statutory form" , in relation to a warrant or notice, means the form of the warrant or notice, 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.
"surrender warrant" means a warrant issued under section 18.
"telecommunications system" has the same meaning as in the Telecommunications (Interception and Access) Act 1979 .
"Tribunal" means:
(a) the Former Yugoslavia Tribunal; or
(b) the Rwanda Tribunal; or
(c) the International Residual Mechanism for Criminal Tribunals.
"Tribunal offence" means:
(a) an offence for which the Former Yugoslavia Tribunal has the power to prosecute persons under Article 2, 3, 4 or 5 of the Statute of the Tribunal; or
(b) an offence for which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal; or
(c) an offence for which the International Residual Mechanism for Criminal Tribunals has the power to prosecute persons under Article 1 of the Statute of the Tribunal.
"warrant premises" means premises in relation to which a search warrant is in force.