Crimes Act. Australia

      3 Interpretation

      (1) In this Act, unless the contrary intention appears:

      Aboriginal person means a person of the Aboriginal race of Australia.

      ACC means the Australian Crime Commission.

      associated offence means:

      (a) in relation to an offence against section 233B of the Customs Act 1901 — an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

      (b) in relation to an offence against section 10, 11, 12, 13 or 14 of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 — an ancillary offence (within the meaning of the Criminal Code) that relates to the offence; or

      (c) in relation to an offence against a law of a State or Territory — an offence:

      (i) under a provision of a law of that State or Territory that corresponds to a provision of Part 2.4 of the Criminal Code; and

      (ii) that relates to the offence.

      Australian law enforcement officer means a law enforcement officer other than a member of a police force, or other law enforcement agency, of a foreign country.

      bail authority means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.

      child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

      child abuse material has the same meaning as in Part 10.6 of the Criminal Code.

      child pornography material has the same meaning as in Part 10.6 of the Criminal Code.

      Commissioner means the Commissioner of the Australian Federal Police.

      Commonwealth child sex offence means:

      (a) an offence against any of the following provisions of the Criminal Code:

      (i) Division 272 (Child sex offences outside Australia);

      (ii) Division 273 (Offences involving child pornography material or child abuse material outside Australia);

      (iii) Subdivisions B and C of Division 471 (which create offences relating to use of postal or similar services in connection with child pornography material, child abuse material and sexual activity involving children);

      (iv) Subdivisions D and F of Division 474 (which create offences relating to use of telecommunications in connection with child pornography material, child abuse material and sexual activity involving children); or

      (b) an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence described in paragraph (a) of this definition; or

      (c) an offence against a provision described in paragraph (a) of this definition that is taken to have been committed because of section 11.2, 11.2A or 11.3 of the Criminal Code.

      Note: Part IE also applies as if offences against certain other provisions in force before the commencement of that Part were Commonwealth child sex offences: see Schedule 2 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010.

      Commonwealth offence, except in Part IC, means an offence against a law of the Commonwealth.

      Commonwealth officer means a person holding office under, or employed by, the Commonwealth, and includes:

      (a) a person appointed or engaged under the Public Service Act 1999;

      (aa) a person permanently or temporarily employed in the Public Service of a Territory or in, or in connection with, the Defence Force, or in the Service of a public authority under the Commonwealth;

      (b) the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979); and

      (c) for the purposes of section 70, a person who, although not holding office under, or employed by, the Commonwealth, a Territory or a public authority under the Commonwealth, performs services for or on behalf of the Commonwealth, a Territory or a public authority under the Commonwealth; and

      (d) for the purposes of section 70:

      (i) a person who is an employee of the Australian Postal Corporation;

      (ii) a person who performs services for or on behalf of the Australian Postal Corporation; and

      (iii) an employee of a person who performs services for or on behalf of the Australian Postal Corporation.

      constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

      controlled substance means:

      (a) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code; or

      (b) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code; or

      (c) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code.

      conveyance includes an aircraft, vehicle or vessel.

      criminal detention has the meaning given by section 45A.

      data includes:

      (a) information in any form; and

      (b) any program (or part of a program).

      data storage device means a thing containing, or designed to contain, data for use by a computer.

      de facto partner has the meaning given by the Acts Interpretation Act 1901.

      Defence Department means the Department of State that deals with defence and that is administered by the Minister administering section 1 of the Defence Act 1903.

      dentist means a dental practitioner within the meaning of the Health Insurance Act 1973.

      Deputy Commissioner means a Deputy Commissioner of the Australian Federal Police.

      federal aspect, in relation to an offence against a law of a State or of the Australian Capital Territory, has the meaning given by subsection 3AA(1).

      Note: This subsection defines State to include the Northern Territory.

      federal court means the High Court or a court created by the Parliament, other than a court of a Territory.