Crimes ACT 1914

CRIMES ACT 1914

CRIMES ACT 1914 SECT 3C

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.

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 3ZW, 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 other than the Australian Capital Territory.

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.

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.