Commonwealth Numbered Acts

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 No. 18 of 1995 - SECT 4

4. In 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;

"forfeiture order" means:

   (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;

"frisk search" means:

   (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;

"magistrate" means:

   (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;

"police officer" means:

   (a)  a member or special member of the Australian Federal Police; or

   (b)  a member of the police force of a State or Territory;

"police station" includes:

   (a)  a police station of a State or Territory; and

   (b)  a building occupied by the Australian Federal Police;

"possession", in relation to a thing, includes having the thing under control
in any place whatsoever, 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;

"premises" includes a place and a conveyance;

"prisoner" means a federal prisoner or a State prisoner;

"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;

"Tribunal" means:

   (a)  the Former Yugoslavia Tribunal; or

   (b)  the Rwanda Tribunal;

"Tribunal offence" means:

   (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. Some Territories to be regarded as States 5. For the purposes of this
Act (other than section 6), the Australian Capital Territory, the Northern
Territory and Norfolk Island are to be regarded as States, and are not to be
regarded as Territories.