Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Division, unless the contrary intention appears:
(a) in relation to an application for, or for the execution of, a search warrant--an officer of Customs; and
(b) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (a) of the definition of forfeited goods :
(i) an officer of Customs; or
(ii) an officer of police; or
(iii) a member of the Defence Force; and
(c) in relation to an application for, or for the execution of, a seizure warrant in respect of goods referred to in paragraph (c) of the definition of forfeited goods --an officer of Customs; and
(d) in relation to the exercise of powers under section 203B or 203C:
(i) an officer of Customs; or
(ii) an officer of police; or
(iii) a member of the Defence Force; and
(f) in relation to the exercise of powers under section 203CA or 203CB--an officer as defined by subsection 185(5); and
(e) in relation to an application for, or the execution of, a seizure warrant under section 203DA--an officer of Customs.
(a) that are carried by or for a traveller, including the captain and crew members, on board the same ship or aircraft as the traveller; or
(b) that a traveller intended to be so carried.
(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
(b) any baggage; and
(c) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.
"conveyance" means an aircraft, railway rolling stock, vehicle or vessel of any kind.
(aa) a place owned or occupied by Customs; or
(a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15; or
(b) a place that is the subject of a permission under subsection 58(2); or
(c) a boarding station that is appointed under section 15; or
(d) a place described in a depot licence that is granted under section 77G; or
(e) a place described in a licence for warehousing goods that is granted under subsection 79(1); or
(f) a place that is approved, in writing, by the CEO as a place for the examination of international mail; or
(g) a place from which a ship or aircraft that is the subject of a permission under section 175 is required to depart, between the grant of that permission and the departure of the ship or aircraft; or
(h) a place to which a ship or aircraft that is the subject of a permission under section 175 is required to return, while that ship or aircraft remains at that place; or
(i) a section 234AA place that is not a place, or a part of a place, referred to in paragraph (aa), (a), (b), (c), (d), (g) or (h).
Note: Subsection (2) provides for parliamentary disallowance of an instrument approving a place under paragraph (f) of the definition.
"data held in a computer" includes:
(a) data held in any removable data storage device for the time being held in a computer; or
(b) data held in a data storage device on a computer network of which the computer forms a part.
"data storage device" means a thing containing, or designed to contain, data for use by a computer.
"designated container" means a container referred to in paragraph (c) of the definition of container .
"evidential material" , in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.
"executing officer" , in relation to a search warrant or to a seizure warrant, means:
(a) an authorised person named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or
(b) if that authorised person does not intend to be present at the execution of the warrant--any authorised person whose name has been written in the warrant by the authorised person so named; or
(c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant.
"forfeited goods" means goods described as forfeited to the Crown under:
(a) section 228, 228A, 228B, 229, 229A or 230 of this Act; or
(c) section 7, 10, 11 or 13 of the Commerce (Trade Descriptions) Act 1905 .
(a) in relation to a search warrant, or to a seizure warrant under section 203:
(i) a magistrate; or
(ii) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants; or
(b) in relation to a seizure warrant under section 203DA:
(i) a Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory in relation to whom a consent under subsection 183UD(1), and a nomination under subsection 183UD(2), are in force; or
(ii) a Judge of the Supreme Court of a State in respect of whom an appropriate arrangement in force under section 11 is applicable; or
(iii) a Judge of the Supreme Court of the Northern Territory who is not a Judge referred to in subparagraph (i) and in respect of whom an appropriate arrangement in force under section 11 is applicable.
"magistrate" means a magistrate who is remunerated by salary or otherwise.
"occupier" , in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.
(a) an offence against this Act; or
(b) an offence against the Commerce (Trade Descriptions) Act 1905 ; or
(c) an offence against section 72.13 or Division 307 of the Criminal Code .
"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 or hat; and
(b) an examination of those items.
"person assisting" , in relation to a search warrant or to a seizure warrant, means:
(a) a person who is an authorised person and who is assisting in the execution of the warrant; or
(b) a person who is not an authorised person and who has been authorised by the CEO or by a Regional Director for a State or Territory to assist in executing the warrant.
"premises" includes a place, a conveyance or a container.
"search warrant" means a warrant issued under section 198.
(a) in relation to Subdivision G--a notice of the kind mentioned in section 205A; and
(b) in relation to Subdivision GA--a notice of the kind mentioned in section 209E.
"seizure warrant" means a warrant issued under section 203 or 203DA.
"special forfeited goods" means forfeited goods that are referred to in paragraph 229(1)(b) or (n).
terrorist act means an action or threat of action where:
(a) the action falls within subsection (4) and does not fall within subsection (4A); and
(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the action is done or the threat is made with the intention of:
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
(ii) intimidating the public or a section of the public.
It is immaterial whether the action or threat, or any part of the action or threat or anyone or anything affected by the action or threat is within or outside Australia .
"warrant premises" means premises in relation to which a search warrant or a seizure warrant is in force.
(2) An instrument of approval of a place as a place for the examination of international mail is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .
(2AA) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code .
(2A) For the purposes of this Part, an offence against section 6 of the Crimes Act 1914 that relates to an offence against Division 307 of the Criminal Code is taken to be an offence against that Division.
(3) For the purposes of this Part:
(a) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to this Act is taken to be an offence against this Act; and
(aa) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to section 72.13 of the Criminal Code is taken to be an offence against section 72.13 of the Criminal Code ; and
(b) an offence against section 141.1, 142.1, 142.2 or 149.1 of the Criminal Code that relates to Division 307 of the Criminal Code is taken to be an offence against that Division.
(4) For the purposes of the definition of terrorist act in subsection (1), action falls within this subsection if it:
(a) causes serious harm that is physical harm to a person; or
(b) causes serious damage to property; or
(ba) causes a person's death; or
(c) endangers a person's life, other than the life of the person taking the action; or
(d) creates a serious risk to the health or safety of the public or a section of the public; or
(e) seriously interferes with, seriously disrupts, or destroys, an electronic system including, but not limited to:
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
(iv) a system used for the delivery of essential government services; or
(v) a system used for, or by, an essential public utility; or
(vi) a system used for, or by, a transport system.
(4A) For the purposes of the definition of terrorist act in subsection (1), action falls within this subsection if it:
(a) is advocacy, protest, dissent or industrial action; and
(b) is not intended:
(i) to cause serious harm that is physical harm to a person; or
(ii) to cause a person's death; or
(iii) to endanger the life of a person, other than the person taking the action; or
(iv) to create a serious risk to the health or safety of the public or a section of the public.
(5) In subsections (4) and (4A) :
(a) a reference to any person or property is a reference to any person or property wherever situated, within or outside Australia; and
(b) a reference to the public includes a reference to the public of a country other than Australia.
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]