SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 6 Definitions
SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 6
DefinitionsIn 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 .
"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 .
"Court of Summary Jurisdiction" means the Court of Summary Jurisdiction established under section 41A of the Justices Act .
"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 18 .
"declared organisation", see section 7 .
"Deputy Commissioner", see section 4(1) of the Police Administration Act .
"eligible judge" means a judicial officer or former judicial officer in relation to whom a consent under section 12(1), and a declaration under section 12(2), are in force.
"firearm", see section 3(1) of the Firearms Act .
"former judicial officer" means a person who was previously a judicial officer.
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.
"judicial officer" means a person appointed as:
(a) a Judge; or
(b) a judge of a supreme court of a State or another Territory.
"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 within the meaning of the Gaming Control Act ;
(b) being a crowd controller or security officer within the meaning of the Private Security Act, or operating a business as a security provider within the meaning of that Act;
(c) conducting the business of a credit provider within the meaning of the Consumer Affairs and Fair Trading Act , or acting as a pawnbroker or second-hand dealer within the meaning of that Act;
(d) carrying on business as a commercial agent, inquiry agent, process server or private bailiff within the meaning of the Commercial and Private Agents Licensing Act ;
(e) using a firearm or carrying on business under a firearms dealer licence within the meaning of the Firearms Act ;
(f) being a tow truck operator within the meaning of the Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations ;
(g) carrying on the business of a licenced dealer of motor vehicles within the meaning of the Consumer Affairs and Fair Trading Act ;
(h) being a licensee within the meaning of the Liquor Act ;
(i) carrying on the business of a bookmaker within the meaning of the Racing and Betting Act, or being a key employee or bookmaker's agent within the meaning of that Act;
(j) any other activity required to be registered or licensed under the Racing and Betting Act ;
(k) an activity required to be licensed under the Dangerous Goods Act ;
(l) any other activity prescribed by regulation, including an activity under an Act mentioned in paragraphs (a) to (k).
"protected submission" means a submission made by a person who reasonably believes he or she may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission.
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 .
"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 ;
(b) for the Court of Summary Jurisdiction – a Registrar as defined in section 3 of the Local Court Act .
"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.
"restriction period", see section 9(2).
"revocation application", see section 22 (1)(b).
"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 that is more than 2 years, 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.