CRIMES ACT 1914

Part IAAA - Delayed notification search warrants  

Division 1 - Preliminary  

SECTION 3ZZAC   3ZZAC   Definitions  


In this Part:

adjoining premises
, in relation to particular premises, means premises adjoining, or providing access, to the premises.

adjoining premises occupier ' s notice
: see section 3ZZDB .

applicable normal search warrant regime
: see subsection 3ZZBJ(2) .

authorised agency
means the Australian Federal Police.

chief officer
, in relation to an authorised agency or eligible agency, means the Commissioner.

conditions for issue
(Repealed by No 82 of 2016)

damage
, in relation to data, includes damage by erasure of data or addition of other data.

day of execution
of a delayed notification search warrant means the day on which the warrant premises were first entered under the warrant.

delayed notification search warrant
: see subsection 3ZZAA(2) .

eligible agency
: see subsection 3ZZAA(3) .

eligible issuing officer
: see subsection 3ZZAD(1) .

eligible offence
: see subsection 3ZZAA(4) .

eligible officer
of an authorised agency or eligible agency means a member or special member of the Australian Federal Police.

emergency situation
, in relation to the execution of a delayed notification search warrant in relation to premises, means a situation that the executing officer or a person 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 persons assisting to leave the premises.

evidential material
means a thing relevant to an eligible offence, or an indictable offence, that has been, is being, is about to be or is likely to be committed.

executing officer
, in relation to a delayed notification search warrant, means:


(a) the eligible officer of the authorised agency who is named in the warrant by the eligible issuing officer as being responsible for executing the warrant; or


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


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

inspecting officer
means a person appointed under subsection 3ZZGA(1) .

nominated AAT member
means a person in relation to whom a nomination is in force under section 3ZZAF .

person assisting
, in relation to a delayed notification search warrant, means:


(a) a person who is an eligible officer of the authorised agency and who is assisting in the execution of the warrant; or


(b) another person who has been authorised by the executing officer to assist in executing the warrant.

premises
includes a place and a conveyance.

relevant eligible agency
, in relation to a thing seized under this Part, is the eligible agency whose chief officer authorised the application for the delayed notification search warrant under which the thing was seized.

staff member
of an authorised agency or eligible agency means a person referred to in paragraph (a) of the definition of law enforcement officer in subsection 3(1) .

State or Territory agency
: see section 3ZZGF .

State or Territory inspecting authority
: see section 3ZZGF .

State or Territory law enforcement agency
means:


(a) the police force or police service of a State or Territory; or


(b) the New South Wales Crime Commission constituted by the Crime Commission Act 2012 (NSW); or


(c) the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 (NSW); or


(d) the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016 (NSW); or


(e) the Independent Broad-based Anti-corruption Commission established by the Independent Broad-based Anti-corruption Commission Act 2011 (Vic.); or


(f) the Crime and Corruption Commission established by the Crime and Corruption Act 2001 (Qld); or


(g) the Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 (WA); or


(h) the Independent Commissioner Against Corruption established by the Independent Commissioner Against Corruption Act 2012 (SA); or


(i) the Integrity Commission established by the Integrity Commission Act 2009 (Tas.).

thing
includes a thing in electronic form.

warrant premises
means premises in relation to which a delayed notification search warrant is in force, but does not include any adjoining premises that are also authorised to be entered under the warrant.

warrant premises occupier ' s notice
: see section 3ZZDA .




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