CRIMINAL CODE 2002 - SECT 701 Meaning of legal proceeding for ch 7

CRIMINAL CODE 2002 - SECT 701

    (1)     In this chapter:

"legal proceeding" means—

        (a)     a proceeding in which evidence may be taken on oath; or

        (b)     a proceeding in which judicial power is exercised; or

        (c)     a proceeding or anything else that a law declares to be a legal proceeding for this chapter;

but does not include a proceeding or anything else that a law declares not to be a legal proceeding for this chapter.

Note     A court, tribunal or other entity authorised by law to hear and decide a matter has power to receive evidence and administer oaths (see Legislation Act

, s 178)

    (2)     A reference to a "legal proceeding" includes a reference to a legal proceeding that has been or may be started.

    (3)     In this chapter:

"in" a legal proceeding includes for the purposes of the legal proceeding.

    (4)     A declaration made for subsection (1) about a proceeding or other thing does not imply that, in the absence of a declaration about it, another proceeding is or is not a legal proceeding for this chapter.