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Confiscation of Criminal Assets Act 2003
195Definitions for pt 13
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195 Definitions for pt 13
at includes in or on.
data includes—
(a) information in any form; and
(b) any program (or part of a program).
data storage device means a thing containing, or designed to contain,
data for use by a computer.
executing police officer, of a search warrant, means—
(a) the police officer (the first police officer) named in the warrant
as the police officer responsible for executing the warrant; or
(b) if the first police officer does not intend to be present at the
execution of the warrant—another police officer whose name
has been written in the warrant by the first police officer; or
(c) another police officer whose name has been written in the
warrant by the police officer 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.
Preliminary Division 13.1
issuing officer, for a search warrant, means—
(a) a judge, the registrar or a deputy registrar of the Supreme Court;
or
(b) a magistrate; or
(c) the registrar or a deputy registrar of the Magistrates Court if
authorised by the Chief Magistrate to issue search warrants
under this part.
occupier, of premises, includes—
(a) a person believed, on reasonable grounds, to be an occupier of
the premises; and
(b) a person apparently in charge of the premises.
ordinary search means a search of a person or of articles in a person’s
possession, which may include—
(a) requiring the person to remove the person’s overcoat, coat or
jacket and any gloves, shoes or hat; and
(b) an examination of those items.
person assisting, in relation to a search warrant, means a person who
has been authorised by an executing police officer to assist in
executing the warrant.
premises includes the following:
(a) land (whether vacant or occupied);
(b) any structure, building, vehicle or place (whether built or not);
(c) any part of a structure, building, vehicle or place.
search warrant means a warrant issued under section 199 (Issuing
search warrants) that is in force.
target material means—
(a) property (including tainted property and property under the
effective control of a person) in relation to which action has been
or could be taken under this Act; or
(b) benefits derived by a person from the commission of a relevant
(c) evidence in relation to property or benefits mentioned in
paragraph (a) or (b); or
(d) evidence in relation to a relevant offence.
vehicle includes an aircraft or vessel.