Crimes Act. Australia

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СКАЧАТЬ 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.

      3CA Nature of functions of magistrate

      (1) A function of making an order conferred on a magistrate by section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB is conferred on the magistrate in a personal capacity and not as a court or a member of a court.

      (2) Without limiting the generality of subsection (1), an order made by a magistrate under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has effect only by virtue of this Act and is not to be taken by implication to be made by a court.

      (3) A magistrate performing a function of, or connected with, making an order under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZQZB has the same protection and immunity as if he or she were performing that function as, or as a member of, a court (being the court of which the magistrate is a member).

      (4) The Governor-General may make arrangements with the Governor of a State, the Chief Minister of the Australian Capital Territory, the Administrator of the Northern Territory or the Administrator of Norfolk Island for the performance, by all or any of the persons who from time to time hold office as magistrates in that State or Territory, of the function of making orders under sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZQZB.

      3D Application of Part

      (1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth relating to:

      (a) the search of premises; or

      (b) arrest and related matters; or

      (c) the stopping, detaining or searching of conveyances or persons; or

      (d) the seizure of things; or

      (e) the requesting of information or documents from persons.

      (2) To avoid any doubt, it is declared that even though another law of the Commonwealth provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.

      (4) This Part is not intended to limit or exclude the operation of a law of a Territory relating to:

      (a) the search of premises; or

      (b) arrest and related matters; or

      (c) the stopping, detaining or searching of conveyances or persons; or

      (d) the seizure of things; or

      (e) the requesting of information or documents from persons;

      in relation to offences against a law of that Territory.

      (5) This Part does not apply to the exercise by a constable of powers under the Defence Force Discipline Act 1982.

      (6) The application of this Part in relation to State offences that have a federal aspect is not intended to limit or exclude the concurrent operation of any law of a State or of the Australian Capital Territory.

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

      Note 2: Section 3AA has the effect that an offence against the law of the Australian Capital Territory is a State offence that has a federal aspect.

      Division 2

      Search warrants

      3E When search warrants can be issued

      (1) An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material СКАЧАТЬ