Excise Act 1901

PART IX - OFFICERS  

Division 1A - Search and seizure  

Subdivision A - Preliminary  

SECTION 107AA   107AA   DEFINITIONS  


In this Division, unless the contrary intention appears:

container
includes:


(a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and


(b) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.

Note:

Container is defined differently in the rest of the Act.

evidential material
, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.

executing officer
, in relation to a search warrant or to a seizure warrant, means:


(a) an officer named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or


(b) if that officer does not intend to be present at the execution of the warrant - any officer whose name has been written in the warrant by the officer so named; or


(c) another officer whose name has been written in the warrant by the officer last named in the warrant.

forfeited goods
means goods forfeited to the Crown under section 116 .

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.

judicial officer
, in relation to a search warrant or to a seizure warrant, means:


(a) a magistrate; or


(b) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants.

magistrate
means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory.

occupier
, in relation to premises that are a conveyance or a container, means the person having charge or the conveyance or container.

offence
means any of the following:


(a) an offence against this Act;


(b) an offence against a provision in Division 308 in Schedule 1 to the Taxation Administration Act 1953 .

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 or hat; and


(b) an examination of those items.

person assisting
, in relation to a search warrant or to a seizure warrant, means:


(a) an officer who is assisting in the execution of the warrant; or


(b) a police officer who is assisting in the execution of the warrant; or


(c) a person whose name has not been written in the warrant and who has been authorised by the CEO to assist in executing the warrant.

premises
includes a place, a conveyance or a container.

search warrant
means a warrant issued under section 107BA .

seizure notice
means a notice of the kind referred to in section 107FC .

seizure warrant
means a warrant issued under section 107CA .

warrant premises
means premises in relation to which a search warrant or a seizure warrant is in force.




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