Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act, unless the contrary intention appears:
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian law" means a law of the Commonwealth, a State or a Territory.
"evidential material" means a thing relevant to a Tribunal offence, including such a thing in electronic form.
"executing officer" , in relation to a warrant, means:
(a) the police officer named in the warrant, by the magistrate who issued the warrant, as being responsible for executing the warrant; or
(b) if that police officer does not intend to be present at the execution of the warrant-another police officer whose name has been written in the warrant by the police officer so named; or
(c) another police officer whose name has been written in the warrant by the police officer last named in the warrant.
"fax" , in relation to a document, means a copy of a document obtained or sent by facsimile transmission.
"federal prisoner" means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of the Commonwealth or of a Territory; or
(b) is under a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory, or is otherwise subject to detention under a law of the Commonwealth or of a Territory;
but does not include a person who is at large after having escaped from lawful custody.
(a) an order made by a Tribunal, under the Statute of the Tribunal or under rules adopted under the Statute of the Tribunal, for forfeiture of property in respect of a Tribunal offence; or
(b) a declaration made by a Tribunal, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, evidencing forfeiture of property under that Statute or those rules.
"Former Yugoslavia Tribunal" :
(a) means the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, established by Resolution 827 (1993) of the Security Council of the United Nations, a copy of the English text of which is set out in Schedule 1; and
(b) includes any of the organs referred to in Article 11 of the Statute of the Tribunal.
(a) a search of a person conducted by quickly running the hands over the person's outer garments; and
(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.
"law" , in relation to the Commonwealth, a State or a Territory, means a law (whether written or unwritten) of the Commonwealth, that State or that Territory, and includes a law (whether written or unwritten) in force in the Commonwealth, that State or that Territory or in any part of the Commonwealth, that State or that Territory.
(a) a magistrate of a Territory; or
(b) a magistrate of a State in respect of whom an arrangement under section 82 is in force.
Note: The Australian Capital Territory, the Northern Territory and Norfolk Island are treated as States under this Act--see section 5.
"offence" , in relation to an Australian law, includes an offence against a law relating to taxation, customs duty or other revenue matters or relating to foreign exchange control.
"officer assisting" , in relation to a warrant, means:
(a) a person who is a police officer and who is assisting in executing the warrant; or
(b) a person who is not a police officer and who has been authorised by the relevant executing officer to assist in executing the warrant.
"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 and hat; and
(b) an examination of those items.
(a) a member or special member of the Australian Federal Police; or
(b) a member of the police force of a State or Territory.
(a) a police station of a State or Territory; and
(b) a building occupied by the Australian Federal Police.
"premises" includes a place and a conveyance.
"prisoner" means a federal prisoner or a State prisoner.
"proceeds of crime authority" has the same meaning as in the Proceeds of Crime Act 2002 .
Note: Under that Act, the proceeds of crime authority is either the Commissioner of the Australian Federal Police or the Director of Public Prosecutions (see the definition of proceeds of crime authority in section 338 of that 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.
"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.
"Rwanda Tribunal" :
(a) means the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations, a copy of the English text of which is set out in Schedule 3; and
(b) includes any of the organs referred to in Article 10 of the Statute of the Tribunal.
"search warrant" means a warrant issued under section 47.
"seizable item" means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
"State prisoner" means a person who:
(a) is being held in custody pending:
(i) trial for; or
(ii) a committal hearing or a summary hearing in relation to; or
(iii) sentencing for;
an offence against a law of a State; or
(b) is under a sentence of imprisonment for an offence against a law of a State, or is otherwise subject to detention under a law of a State;
but does not include a person who is at large after having escaped from lawful custody.
"Statute of the Tribunal" means:
(a) in the case of the Former Yugoslavia Tribunal--the Statute of the Tribunal (a copy of the English text of which is set out in Schedule 2) adopted by Resolution 827 (1993) of the Security Council of the United Nations (a copy of the English text of which is set out in Schedule 1); and
(b) in the case of the Rwanda Tribunal--the Statute of the Tribunal (a copy of the English text of which is set out in Schedule 4) adopted by Resolution 955 (1994) of the Security Council of the United Nations (a copy of the English text of which is set out in Schedule 3).
"statutory form" , in relation to a warrant or notice, means the form of the warrant or notice, 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:
(a) requiring the person to remove all of his or her garments; and
(b) an examination of the person's body (but not of the person's body cavities) and of those garments.
"surrender warrant" means a warrant issued under section 18.
(a) the Former Yugoslavia Tribunal; or
(b) the Rwanda Tribunal.
(a) an offence for which the Former Yugoslavia Tribunal has the power to prosecute persons under Article 2, 3, 4 or 5 of the Statute of the Tribunal; or
(b) an offence for which the Rwanda Tribunal has the power to prosecute persons under Article 2, 3 or 4 of the Statute of the Tribunal.
"warrant premises" means premises in relation to which a search warrant is in force.