Commonwealth Consolidated Acts Commonwealth Consolidated Acts
"agent" has the same meaning as in the Proceeds of Crime Act.
"appropriate authority", in relation to an authorisation given by the Attorney-General for the purposes of compliance with a request by the ICC for assistance of a particular type, means:
authorised by the Attorney-General to act in connection with the provision of the assistance.
"appropriate Ministerial consent" to the service by an ICC prisoner in Australia of a sentence of imprisonment imposed by the ICC means consent to the sentence being served in Australia given by:
"Australian law" means a law of the Commonwealth, a law of a State or a law of a Territory.
"authenticated by the ICC" means authenticated by the ICC under the Statute or the Rules.
"authorised officer" has the same meaning as in the Proceeds of Crime Act.
"enforcement agency" has the same meaning as in the Proceeds of Crime Act.
"enforcement conditions" has the meaning given by subsection 160(1).
"escort officer", in relation to an ICC prisoner, means the police officer, prison officer or other person specified in the warrant authorising the transfer of the ICC prisoner under Part 12 as the escort officer for the ICC prisoner.
"evidence" includes expert evidence.
"evidential material" means a thing relevant to a crime within the jurisdiction of the ICC, including such a thing in electronic form.
"examination" of a site that is a grave includes exhumation of the grave.
"executing officer", in relation to a warrant, means:
"Federal Court" means the Federal Court of Australia.
"federal prisoner" means a person who:
but does not include a person who is at large after having escaped from lawful custody.
"forfeiture order" means an order made by the ICC under paragraph 2(b) of article 77 of the Statute for the forfeiture of proceeds of a crime within the jurisdiction of the ICC.
"ICC prisoner" means a person who is to serve, or is serving, a sentence of imprisonment imposed by the ICC.
"interest", in relation to property, has the same meaning as in the Proceeds of Crime Act.
"international crime" means a crime in respect of which the ICC has jurisdiction under article 5 of the Statute.
"law", in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, of that State or of that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, in that State or in that Territory or in any part of the Commonwealth, of that State or of that Territory.
"monitoring order" has the same meaning as in the Proceeds of Crime Act.
"offence against the administration of the ICC's justice" means an offence against the administration of the ICC's justice referred to in article 70 of the Statute.
"officer", in relation to a financial institution, has the same meaning as in the Proceeds of Crime Act.
"officer assisting", in relation to a warrant, means:
"ordinary search" means a search of a person or of articles in the possession of a person that may include:
"premises" includes a place and a conveyance.
"Pre-Trial Chamber" means the Pre-Trial Chamber of the ICC.
"prisoner", except in the expression ICC prisoner , means a federal prisoner or a State prisoner.
"prison officer" means a person appointed or employed to assist in the management of a prison.
"proceeds" of a crime within the jurisdiction of the ICC means proceeds (within the meaning of the Proceeds of Crime Act) of such a crime.
"proceeds jurisdiction" has the same meaning as in the Proceeds of Crime Act.
" Proceeds of Crime Act" means the Proceeds of Crime Act 2002 .
"production order "has the same meaning as in the Proceeds of Crime Act.
"property" means real or personal property of every description, whether situated in Australia or elsewhere and whether tangible or intangible, and includes an interest in any such real or personal property.
"property tracking document" means:
"recently used conveyance", in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced.
"related crime within the jurisdiction of the ICC": a crime within the jurisdiction of the ICC is related to another crime within the jurisdiction of the ICC if the physical elements of the 2 crimes are substantially the same acts or omissions.
"request for arrest and surrender" of a person means a request made to Australia by the ICC for the arrest and surrender of the person and, if a request has previously been made by the ICC for the provisional arrest of the person, includes a subsequent request made by the ICC for the surrender of the person.
"request for cooperation" has the meaning given by section 7.
"request for provisional arrest" of a person means a request made to Australia by the ICC for the provisional arrest of the person.
"request for surrender" of a person means a request made by the ICC for the surrender of the person, whether in conjunction with a request made by the ICC for the arrest of the person or subsequent to a request made by the ICC for the provisional arrest of the person.
"restraining order" means a restraining order under section 17 of the Proceeds of Crime Act.
"Rules" means the Rules of Procedure and Evidence in force under article 51 of the Statute.
"search warrant" (except in Part 4) means a warrant issued under section 111.
"seizable item" means anything that would present a danger to a person or could be used to assist a person to escape from lawful custody.
"serve" a sentence imposed by the ICC includes complete the service of such a sentence that has been partly served.
"State" includes the Australian Capital Territory, the Northern Territory and Norfolk Island.
and includes any Minister or executive member acting for the time being for or on behalf of the Minister or executive member referred to in any of the above paragraphs and any person to whom the Minister or executive member so referred to has delegated any of the Minister's or executive member's functions under this Act.
but does not include a person who is at large after having escaped from lawful custody.
"statutory form", in relation to a warrant, notice, application or direction, means the form of the warrant, notice, application or direction, as the case may be, set out in the regulations.
"strip search" means a search of a person or of articles in the possession of a person that may include:
"surrender" of a person means surrender of the person to the ICC.
"surrender warrant" means a warrant issued under section 28.
Territory does not include the Australian Capital Territory or the Northern Territory and, except in section 6, does not include Norfolk Island.
"Trial Chamber" means the Trial Chamber of the ICC.
"warrant premises" means premises in relation to which a search warrant is in force.