Crimes Act. Australia
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Название: Crimes Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392086412

isbn:

СКАЧАТЬ an offence of attempting to commit the primary offence.

      Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.

      conduct has the same meaning as in the Criminal Code.

      constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

      electronic communication means a communication of information:

      (a) whether in the form of text; or

      (b) whether in the form of data; or

      (c) whether in the form of speech, music or other sounds; or

      (d) whether in the form of visual images (animated or otherwise); or

      (e) whether in any other form; or

      (f) whether in any combination of forms;

      by means of guided and/or unguided electromagnetic energy.

      engage in conduct has the same meaning as in the Criminal Code.

      State includes the Australian Capital Territory and the Northern Territory.

      State offence means an offence against a law of a State.

      Note: Subsection 3(1) defines State to include the Northern Territory.

      3A Operation of Act

      This Act applies throughout the whole of the Commonwealth and the Territories and also applies beyond the Commonwealth and the Territories.

      3B Arrangements with States, Australian Capital Territory, Northern Territory and Norfolk Island

      (1) The Governor-General may make arrangements with the Governor of a State, the Government of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for:

      (a) officers of the State or Territory to exercise powers and perform functions; and

      (b) facilities and procedures of the State or Territory to be made available;

      in relation to the carrying out or enforcement under this Act of orders made under this Act or another Act.

      (2) In section 20AB:

      (a) a reference to a participating State is a reference to a State in relation to which an arrangement is in force under subsection (1) of this section; and

      (b) a reference to a participating Territory:

      (i) is a reference to a Territory other than the Australian Capital Territory, the Northern Territory or Norfolk Island; and

      (ii) if an arrangement is in force under subsection (1) of this section in relation to the Australian Capital Territory — includes a reference to the Australian Capital Territory; and

      (iii) if an arrangement is in force under subsection (1) of this section in relation to the Northern Territory — includes a reference to the Northern Territory; and

      (iv) if an arrangement is in force under subsection (1) of this section in relation to Norfolk Island — includes a reference to Norfolk Island.

      (3) In this section:

      order includes a sentence.

      State does not include the Australian Capital Territory or the Northern Territory.

      3BA Application of the Criminal Code

      Chapter 2 of the Criminal Code applies to all offences against this Act.

      Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

      Part IAA Search, information gathering, arrest and related powers

      Division 1

      Preliminary

      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) СКАЧАТЬ