Crimes Act. Australia
criminal detention has the meaning given by section 45A.
federal judicial proceeding has the meaning given by section 31.
Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.
Foreign Affairs Minister means the Minister administering the Diplomatic Privileges and Immunities Act 1967.
have in possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.
illicit goods means goods the possession of which is a contravention of a law of the Commonwealth, a State or a Territory.
Integrity Commissioner has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.
judicial proceeding has the meaning given by section 31 (other than in section 3L).
judicial tribunal has the meaning given by section 31.
law enforcement officer means any of the following:
(a) 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);
(b) a member of the police force of a State or Territory;
(ba) a staff member of ACLEI;
(c) a member of the staff of the ACC;
(d) an officer of Customs;
(e) a member of a police force, or other law enforcement agency, of a foreign country.
medical practitioner has the same meaning as in the Health Insurance Act 1973.
member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002.
narcotic goods has the same meaning as in the Customs Act 1901.
nurse means a registered nurse within the meaning of the Health Insurance Act 1973.
Official Trustee means the Official Trustee in Bankruptcy.
parent: without limiting who is a parent of a person for the purposes of this Act, someone (the adult) is the parent of a person if:
(a) the adult is legally entitled to, and has, custody of the person; or
(b) the adult is legally responsible for the day-to-day care, welfare and development of the person and has the person in his or her care.
property includes money and every thing, animate or inanimate, capable of being the subject of ownership.
public authority under the Commonwealth means any authority or body constituted by or under a law of the Commonwealth or of a Territory.
quarter means a period of 3 months ending on 31 January, 30 April, 31 July or 31 October.
Queen’s dominions includes a British protectorate and a British protected State.
relative has a meaning affected by subsection (3).
senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979.
staff member of ACLEI has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.
State includes the Northern Territory.
State offence means an offence against a law of a State or the Australian Capital Territory.
Territory does not include the Northern Territory.
terrorism offence means:
(a) an offence against Subdivision A of Division 72 of the Criminal Code; or
(b) an offence against Part 5.3 of the Criminal Code.
terrorist act has the same meaning as in subsection 100.1(1) of the Criminal Code.
thing relevant to an indictable offence means:
(a) either of the following:
(i) anything with respect to which an indictable offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is an indictable offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
thing relevant to a summary offence means:
(a) either of the following:
(i) anything with respect to which a summary offence against any law of the Commonwealth or of a Territory has been committed or is suspected, on reasonable grounds, to have been committed;
(ii) anything with respect to which a State offence that has a federal aspect, and that is a summary or simple offence against the law of that State, has been committed or is suspected, on reasonable grounds, to have been committed; or
(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or
(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence.
Torres Strait Islander means a descendent of an indigenous inhabitant of the Torres Strait Islands.
(2) In this Act, a reference to a fine includes a reference:
(a) to a pecuniary penalty other than a pecuniary penalty imposed:
(i) under Division 3 of Part XIII of the Customs Act 1901; or
(ii) by a pecuniary penalty order, a literary proceeds order or an unexplained wealth order made under the Proceeds of Crime Act 2002; or
(iia) by a pecuniary penalty order made under the Proceeds of Crime Act 1987; or
(iii) by a superannuation order made under the Australian Federal Police Act 1979; or
(iv) by a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or
(b) to costs or other amounts ordered to be paid by offenders.
(3) For the purposes of this Act, the relatives of a person are taken to include the following (without limitation):
(a) a de facto partner of the person;
(b) someone who is the child of the person, or of whom the person is the child, because of the definition of child in this section;
(c) anyone else who would be a relative of the person if someone mentioned in paragraph (a) or (b) is taken to be a relative of the person.
3AA State offences that have a federal aspect
Object
(1A) The object of this section is to identify State offences that have a federal aspect because:
(a) they potentially fall within Commonwealth legislative power because of the elements of the State offence; or
(b) they potentially fall