SERIOUS CRIME CONTROL ACT 2009 - SECT 6 Definitions

SERIOUS CRIME CONTROL ACT 2009 - SECT 6

In this Act:

"adjourned hearing", see section 25(2)(b)(ii).

"appropriate" means appropriate having regard to all reasonable circumstances.

Assistant Commissioner , see section 4(1) of the Police Administration Act 1978 .

"associate", with another person, means:

        (a)     to be in company with the other person; or

        (b)     to communicate with the other person by any means (including, for example, by letter, facsimile, telephone and email).

"authorisation order", see section 49(1).

"authority" includes a licence, registration, approval, certificate or other form of authority required under legislation for carrying on an occupation or activity.

"being present at" means entering or being at, on, in or in the vicinity of.

"classified information "means information the Commissioner classifies as criminal intelligence.

"Commissioner" means the Commissioner of Police.

"control order" has the meaning given in section 8(1) and includes a copy of the order.

"controlled person", see section 8(3).

"conviction" includes a finding of guilt whether or not a conviction is recorded.

"corresponding law" means a law declared by regulation to be a corresponding law.

"Court of Appeal", see section 9(1) of the Supreme Court Act 1979 .

"criminal intelligence" means:

        (a)     information relating to actual or suspected criminal activity (whether in the Territory or elsewhere) the disclosure of which could reasonably be expected to:

            (i)     prejudice a criminal investigation; or

            (ii)     enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or

            (iii)     endanger a person's life or physical safety; or

        (b)     information the disclosure of which could reasonably be expected to reveal and prejudice the effectiveness of any of the following:

            (i)     police information-gathering or surveillance methods;

            (ii)     police procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law.

"declaration application" means an application under section 13 for a declaration under section 15.

"declared organisation", see section 7.

"Deputy Commissioner", see section 4(1) of the Police Administration Act 1978 .

"firearm", see section 3(1) of the Firearms Act 1997 .

"former member", of an organisation, means a person who has been a member of the organisation.

"fortification", see section 10(1).

"fortification removal order" has the meaning given in section 10(2) and includes a copy of the order.

"member", of an organisation, includes:

        (a)     an associate member or prospective member (however described) of the organisation; and

        (b)     a person who identifies himself or herself, in any way, as belonging to the organisation; and

        (c)     a person who is treated by the organisation or members of the organisation as if he or she belongs to the organisation; and

        (d)     if the organisation is a body corporate – a director or an officer of the body corporate, as defined in section 9 of the Corporations Act 2001.

"objector" means:

        (a)     for an objection to a public safety order – the person who lodges a notice of objection to the public safety order under section 51(2); or

        (b)     for an objection to a fortification removal order – the person who lodges a notice of objection to the fortification removal order under section 63(1).

"occupation" means an occupation, trade, profession or calling of any kind.

"occupier", in relation to premises, means a person who has, or is entitled to, possession or control of the premises.

"organisation" means any incorporated body or unincorporated group (however structured), whether or not the body or group:

        (a)     is based outside the Territory; or

        (b)     consists of persons who are not ordinarily resident in the Territory; or

        (c)     is part of a larger organisation.

"personal details", in relation to a person, means the following:

        (a)     the person's full name;

        (b)     the person's date of birth;

        (c)     the address where the person is living;

        (d)     the address where the person usually lives;

        (e)     the person's business address.

"premises" includes:

        (a)     a building or other structure on land; and

        (b)     a part of a building or other structure on land; and

        (c)     land.

"prescribed activity" means any of the following:

        (a)     being a Licensee or licensed employee as defined in section 3 of the Gaming Control Act 1993 ;

        (b)     being a crowd controller or security officer, or operating a business as a security provider, as defined in section 3 of the Private Security Act 1995 ;

        (c)     acting as a pawnbroker or second-hand dealer as defined in section 244(1) of the Consumer Affairs and Fair Trading Act 1990 ;

        (d)     carrying on business as a commercial agent, inquiry agent, process server or private bailiff as defined in section 3(1) of the Commercial and Private Agents Licensing Act 1979 ;

        (e)     using a firearm as defined in section 3(1) of the Firearms Act 1997 or carrying on business under a firearms dealer licence as mentioned in section 16 of that Act;

        (f)     being a tow truck operator as defined in clause 3 of the Schedule to the Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations 1996 ;

        (g)     carrying on the business of a licenced dealer as defined in section 125(1) of the Consumer Affairs and Fair Trading Act 1990 ;

        (h)     being a licensee under the Liquor Act 2019 ;

            (i)     carrying on the business of a bookmaker, or being a bookmaker's agent or key employee, as defined in section 4(1) of the Racing and Betting Act 1983 ;

        (j)     any other activity required to be registered or licensed under the Racing and Betting Act 1983 ;

        (k)     an activity required to be licensed under the Dangerous Goods Act 1998 ;

        (l)     any other activity prescribed by regulation, including an activity under an Act mentioned in paragraphs (a) to (k).

"public safety order" has the meaning given in section 9(1) and includes a copy of the order.

"reasonably believes" means believes on reasonable grounds.

"reasonably suspects" means suspects on reasonable grounds.

"registered proprietor", see section 4 of the Land Title Act 2000 .

"registrar" means the following:

        (a)     for the Supreme Court and Court of Appeal – a Registrar of the Supreme Court of the Northern Territory appointed under section 48 of the Supreme Court Act 1979 ;

        (b)     for the Local Court – a registrar as defined in section 3 of the Local Court Act 2015 .

"regulatory authority" means a person or body having a function conferred by legislation of authorising persons in connection with carrying on an occupation or activity.

"respondent" means the organisation to whom a declaration application relates.

"restriction period", see section 9(2).

"senior police officer" means any of the following:

        (a)     the Commissioner;

        (b)     an Assistant Commissioner;

        (c)     a Deputy Commissioner;

        (d)     another police officer of or above the rank as prescribed by regulation that is at least the rank of sergeant.

"serious criminal activity" means the commission of serious criminal offences.

"serious criminal offence" means:

        (a)     an offence for which a law in force in the Territory provides for a maximum penalty of a period of imprisonment of 5 years or more, other than an offence prescribed by regulation; or

        (b)     an act or omission committed outside the Territory that would be an offence of a kind mentioned in paragraph (a) if it were committed in the Territory.

Note for section 6

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.