Western Australian Current Acts

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CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) ACT 1987 - SECT 3

3 .         Terms used in this Part

        (1)         In this Part —

        appropriate authority means —

            (a)         in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory) — an authority exercising in relation to the Police Force of that State or Territory functions corresponding to those of the Commissioner of Police in relation to the Police Force of this State;

            (b)         in relation to the Australian Capital Territory — the Commissioner of the Australian Federal Police;

        corresponding law means a law of another State or of a Territory, of the Commonwealth declared by proclamation to be a corresponding law;

        night means the period commencing at 7 p.m. in each evening and ending at 7 a.m. the following morning;

        offence to which this Part applies means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occurring in this State, would attract criminal liability under the law of this State);

        owner , of an object, includes a person entitled to possession of the object;

        premises means a building, structure or place (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;

        reciprocating State means another State, or a Territory, of the Commonwealth —

            (a)         in which a corresponding law is in force; and

            (b)         in relation to which arrangements are in force under section 7;

        search warrant means a warrant under this Part, authorising a search of premises.

        (2)         For the purposes of this Part —

            (a)         anything obtained by the commission of an offence, used for the purpose of committing an offence, or in respect of which an offence has been committed;

            (b)         anything that may afford evidence of the commission of an offence; or

            (c)         anything intended to be used for the purpose of committing an offence,

                is an object relevant to the investigation of the offence.

        (3)         The Governor may, by proclamation, declare a law of another State, or of a Territory, of the Commonwealth to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration.

        [Section 3 amended: No. 59 of 2006 s. 33(1).]



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