Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ time before or during the hearing, the judge or magistrate, or other person presiding or competent to preside over the proceedings, may, if satisfied that it is in the interest of the security or defence of the Commonwealth:

      (a) order that some or all of the members of the public be excluded during the whole or a part of the hearing; or

      (b) order that no report of the whole or a specified part of, or relating to, the application or proceedings be published; or

      (c) make such order and give such directions as he or she thinks necessary for ensuring that no person, without the approval of the court, has access (whether before, during or after the hearing) to any affidavit, exhibit, information or other document used in the application or the proceedings that is on the file in the court or in the records of the court.

      (3) A person commits an offence if the person contravenes an order made or direction given under this section.

      Penalty: Imprisonment for 5 years.

      Division 94

      Forfeiture

      94.1 Forfeiture of articles etc.

      A sketch, article, record or document which is made, obtained, recorded, retained, forged, possessed or otherwise dealt with in contravention of this Part is forfeited to the Commonwealth.

      Part 5.3

      Terrorism

      Division 100

      Preliminary

      100.1 Definitions

      (1) In this Part:

      AFP member means:

      (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or

      (b) a special member of the Australian Federal Police (within the meaning of that Act).

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

      confirmed control order means an order made under section 104.16.

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

      continued preventative detention order means an order made under section 105.12.

      control order means an interim control order or a confirmed control order.

      corresponding State preventative detention law means a law of a State or Territory that is, or particular provisions of a law of a State or Territory that are, declared by the regulations to correspond to Division 105 of this Act.

      express amendment of the provisions of this Part or Chapter 2 means the direct amendment of the provisions (whether by the insertion, omission, repeal, substitution or relocation of words or matter).

      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.

      funds means:

      (a) property and assets of every kind, whether tangible or intangible, movable or immovable, however acquired; and

      (b) legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such property or assets, including, but not limited to, bank credits, travellers cheques, bank cheques, money orders, shares, securities, bonds, debt instruments, drafts and letters of credit.

      identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V of the Crimes Act 1914.

      initial preventative detention order means an order made under section 105.8.

      interim control order means an order made under section 104.4, 104.7 or 104.9.

      issuing authority:

      (a) for initial preventative detention orders — means a senior AFP member; and

      (b) for continued preventative detention orders — means a person appointed under section 105.2.

      issuing court means:

      (a) the Federal Court of Australia; or

      (b) the Family Court of Australia; or

      (c) the Federal Magistrates Court.

      Judge means a Judge of a court created by the Parliament.

      lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.

      listed terrorist organisation means an organisation that is specified by the regulations for the purposes of paragraph (b) of the definition of terrorist organisation in section 102.1.

      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 or hat; and

      (b) an examination of those items.

      organisation means a body corporate or an unincorporated body, whether or not the body:

      (a) is based outside Australia; or

      (b) consists of persons who are not Australian citizens; or

      (c) is part of a larger organisation.

      police officer means:

      (a) an AFP member; or

      (b) a member (however described) of a police force of a State or Territory.

      prescribed authority has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979.

      preventative detention order means an order under section 105.8 or 105.12.

      prohibited contact order means an order made under section 105.15 or 105.16.

      referring State has the meaning given by section 100.2.

      seizable item means anything that:

      (a) would present a danger to a person; or

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