Crimes Act. Australia

      3C Interpretation

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

      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 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.

      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.

      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.

      warrant means a warrant under this Part.

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

      (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.