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.
(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.
"bail authority" means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.
"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .
"child abuse material" has the same meaning as in Part 10.6 of the Criminal Code .
"child pornography material" has the same meaning as in Part 10.6 of the Criminal Code .
"Commissioner" means the Commissioner of the Australian Federal Police.
"Commonwealth child sex offence" means:
(a) an offence against any of the following provisions of the Criminal Code :
(i) Division 272 (Child sex offences outside Australia);
(ii) Division 273 (Offences involving child pornography material or child abuse material outside Australia);
(iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child pornography material, child abuse material and sexual activity involving children);
(iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child pornography material, child abuse material and sexual activity involving children); or
(b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or
(c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code .
Note: Part IE also applies as if offences against certain other provisions in force before the commencement of that Part were Commonwealth child sex offences: see Schedule 2 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 .
"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.
(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.
"criminal detention" has the meaning given by section 45A.
(a) information in any form; and
(b) any program (or part of a program).
"data storage device" means a thing containing, or designed to contain, data for use by a computer.
"de facto partner" has the meaning given by the Acts Interpretation Act 1901 .
"Defence Department" means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903 .
"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.
"federal court" means the High Court or a court created by the Parliament, other than a court of a Territory.
"federal criminal detention" has the meaning given by section 45A.
"federal judicial proceeding" has the meaning given by section 31.
"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"Foreign Affairs Minister" means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"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 .
"judicial proceeding" has the meaning given by section 31 (other than in section 3L).
"judicial tribunal" has the meaning given by section 31.
"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 Customs;
(e) a member of a police force, or other law enforcement agency, of a foreign country.
"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 .
"nurse" means a registered nurse within the meaning of the Health Insurance Act 1973 .
"Official Trustee" means the Official Trustee in Bankruptcy.
"parent" : without limiting who is a parent of a person for the purposes of this Act, someone (the adult ) is the parent of a person if:
(a) the adult is legally entitled to, and has, custody of the person; or
(b) the adult is legally responsible for the day-to-day care, welfare and development of the person and has the person in his or her care.
"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.
"relative" has a meaning affected by subsection (3).
"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 .
"terrorist act" has the same meaning as in subsection 100.1(1) 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, a literary proceeds order or an unexplained wealth 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.
(3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.