CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 1 - Preliminary  

SECTION 3C   INTERPRETATION  

3C(1)  


In this Part, unless the contrary intention appears:

account-based data
has the meaning given by section 3CAA .

carrier
means:


(a) a carrier within the meaning of the Telecommunications Act 1997 ; or


(b) a carriage service provider within the meaning of that Act.

communication in transit
means a communication (within the meaning of the Telecommunications Act 1997 ) passing over a telecommunications network (within the meaning of that Act).

constable assisting
, in relation to a warrant, means:


(a) a person who is a constable and who is assisting in executing the warrant; or


(b) a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.

data
(Repealed by No 42 of 2010)

data held in a computer
includes:


(a) data held in any removable data storage device for the time being held in a computer; or


(b) data held in a data storage device on a computer network of which the computer forms a part.

data storage device
(Repealed by No 42 of 2010)

electronic service
has the same meaning as in the Enhancing Online Safety Act 2015 .

emergency situation ,
in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person ' s life, health or safety that requires the executing officer and constables assisting to leave the premises.

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

executing officer
, in relation to a warrant, means:


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


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


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

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.

issuing officer
, in relation to a warrant to search premises or a person or a warrant for arrest under this Part, 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 or warrants for arrest, as the case may be.

Note:

Under section 3ZZBJ , an eligible issuing officer (within the meaning of Part IAAA ) may, as specified in that section, consider and deal with an application for a warrant as if the eligible issuing officer were an issuing officer within the meaning of this Part.

magistrate
, in sections 3ZI , 3ZJ , 3ZK , 3ZN and 3ZQZB , has a meaning affected by section 3CA .

offence
means:


(a) an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982 ); or


(b) an offence against a law of a Territory; or


(c) a State offence that has a federal aspect.

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 station
includes:


(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.

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.

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.

serious offence
means an offence:


(a) that is punishable by imprisonment for 2 years or more; and


(b) that is one of the following:


(i) a Commonwealth offence;

(ii) an offence against a law of a State that has a federal aspect;

(iii) an offence against a law of a Territory; and


(c) that is not a serious terrorism offence.

serious terrorism offence
means:


(a) a terrorism offence (other than offence against section 102.8 , Division 104 or Division 105 of the Criminal Code ); or


(b) an offence against a law of a State:


(i) that has a federal aspect; and

(ii) that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8 , Division 104 or Division 105 of the Criminal Code ); or


(c) an offence against a law of a Territory that has the characteristics of a terrorism offence (other than such an offence that has the characteristics of an offence against section 102.8 , Division 104 or Division 105 of the Criminal Code ).

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.

telecommunications facility
means a facility within the meaning of the Telecommunications Act 1997 .

warrant
means a warrant under this Part.

warrant premises
means premises in relation to which a warrant is in force.

3C(2)  
A person referred to in paragraph (b) of the definition of constable assisting in subsection (1) must not take part in searching or arresting a person.




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