Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"Aboriginal person" means a person of the Aboriginal race of Australia.
"ACC" means the Australian Crime Commission.
"ACC authorising officer" has the meaning given in subsection 15J(4).
"ACLEI authorising officer" has the meaning given in subsection 15J(3A).
"AFP authorising officer" has the meaning given in subsection 15J(3).
"appropriate authorising officer" , in relation to a certificate given under section 15M, means:
(a) if the certificate is given by an AFP authorising officer--any AFP authorising officer; or
(aa) if the certificate is given by an ACLEI authorising officer--any ACLEI authorising officer; or
(b) if the certificate is given by an ACC authorising officer--any ACC authorising officer.
(a) in relation to an offence against section 233B of the Customs Act 1901 --an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or
(b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 --an ancillary offence (within the meaning of the Criminal Code ) that relates to the offence; or
(c) in relation to an offence against a law of a State or Territory--an offence:
(i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code ; and
(ii) that relates to the offence.
"Australian law enforcement officer" means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.
"authorising officer" , in relation to a controlled operation, has the meaning given in section 15J.
"bail authority" means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.
"Commissioner" means the Commissioner of the Australian Federal Police.
"Commonwealth offence" , except in Part IC, means an offence against a law of the Commonwealth.
"Commonwealth officer" means a person holding office under, or employed by, the Commonwealth, and includes:
(a) a person appointed or engaged under the Public Service Act 1999 ;
(aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;
(b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 ); and
(c) for the purposes of section 70, a person who, although not holding office under, or employed by, the Commonwealth, a Territory or a public authority under the Commonwealth, performs services for or on behalf of the Commonwealth, a Territory or a public authority under the Commonwealth; and
(d) for the purposes of section 70:
(i) a person who is an employee of the Australian Postal Corporation;
(ii) a person who performs services for or on behalf of the Australian Postal Corporation; and
(iii) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.
"constable" means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
"controlled operation" has the meaning given by section 15H.
(a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code ; or
(b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code ; or
(c) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code .
"conveyance" includes an aircraft, vehicle or vessel.
"dentist" means a dental practitioner within the meaning of the Health Insurance Act 1973 .
"Deputy Commissioner" means a Deputy Commissioner of the Australian Federal Police.
"federal aspect" , in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).
Note: This subsection defines State to include the Northern Territory.
"have in possession" includes having under control in any place whatever, 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.
"illicit goods" means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.
"Integrity Commissioner" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .
"law enforcement officer" means any of the following:
(a) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );
(b) a member of the police force of a State or Territory;
(ba) a staff member of ACLEI;
(c) a member of the staff of the ACC;
(d) an officer of the Australian Customs Service;
(e) a member of a police force, or other law enforcement agency, of a foreign country.
"major controlled operation" has the meaning given in subsection 15J(2A).
"medical practitioner" has the same meaning as in the Health Insurance Act 1973 .
"member of the staff of the ACC" has the same meaning as in the Australian Crime Commission Act 2002 .
"narcotic goods" has the same meaning as in the Customs Act 1901 .
"nominated Tribunal member" has the meaning given in section 15OC.
"nurse" means a registered nurse within the meaning of the Health Insurance Act 1973 .
"Official Trustee" means the Official Trustee in Bankruptcy.
"person targeted" , in relation to a controlled operation, means the person:
(a) about whom it is intended to obtain evidence; or
(b) about whom evidence is being, or has been, obtained;
through the operation.
"property" includes money and every thing, animate or inanimate, capable of being the subject of ownership.
"public authority under the Commonwealth" means any authority or body constituted by or under a law of the Commonwealth or of a Territory.
"quarter" means a period of 3 months ending on 31 January, 30 April, 31 July or 31 October.
"Queen's dominions" includes a British protectorate and a British protected State.
"senior executive AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .
"staff member of ACLEI" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .
"State" includes the Northern Territory.
"State offence" means an offence against a law of a State or the Australian Capital Territory.
"Territory" does not include the Northern Territory.
(a) an offence against Subdivision A of Division 72 of the Criminal Code ; or
(b) an offence against Part 5.3 of the Criminal Code .
"thing relevant to an indictable offence" means:
(a) either of the following:
(i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
"thing relevant to a summary offence" means:
(a) either of the following:
(i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
"Torres Strait Islander" means a descendent of an indigenous inhabitant of the Torres Strait Islands.
(2) In this Act, a reference to a fine includes a reference:
(a) to a pecuniary penalty other than a pecuniary penalty imposed:
(i) under Division 3 of Part XIII of the Customs Act 1901 ; or
(ii) by a pecuniary penalty order or a literary proceeds order made under the Proceeds of Crime Act 2002 ; or
(iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987 ; or
(iii) by a superannuation order made under the Australian Federal Police Act 1979 ; or
(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989 ; or
(b) to costs or other amounts ordered to be paid by offenders.