CTHRepealedAct
Customs Administration Act 1985
3Interpretation
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#### 3 Interpretation
In this Act, unless the contrary intention appears:
> alcohol blood test means a test of a person’s blood to determine the amount of alcohol (if any) in the person’s blood.
> alcohol breath test means a test of a person’s breath to determine the amount of alcohol (if any) in the person’s blood.
> alcohol screening test means a test of a person’s breath to determine whether alcohol is present in the person’s breath.
> appoint includes re‑appoint.
> authorised officer, in relation to a particular provision of this Act, means an officer of Customs authorised under section 3B to exercise the powers or perform the functions of an authorised officer under that provision.
> body sample means any of the following:
(a) any human biological fluid;
(b) any human biological tissue (whether alive or otherwise);
(c) any human breath.
> CEO means the Chief Executive Officer of Customs.
> CEO’s Orders means orders under section 4B.
> corrupt conduct: see engages in corrupt conduct.
> Customs vessel means a vessel used, or for use, for the purposes of the Australian Customs and Border Protection Service.
> Customs worker means:
(a) an officer of Customs; or
(b) a person who is:
(i) an employee of an Agency (within the meaning of the Public Service Act 1999); or
(ii) an officer or employee of a State or Territory; or
(iii) an officer or employee of an authority of the Commonwealth, a State or a Territory;
and whose services are made available to the Australian Customs and Border Protection Service; or
(c) a person who is:
(i) engaged as a consultant or contractor to perform services for the Australian Customs and Border Protection Service; and
(ii) specified in a determination made by the CEO under section 3C; or
(d) a person who is:
(i) engaged or employed by a person to whom paragraph (c) or this paragraph applies; and
(ii) specified in a determination made by the CEO under section 3C.
> engages in corrupt conduct: a Customs worker engages in corrupt conduct if the Customs worker, while a Customs worker, engages in:
(a) conduct that:
(i) involves; or
(ii) is engaged in for the purpose (or for purposes including the purpose) of;
the Customs worker abusing his or her position as a Customs worker; or
(b) conduct that:
(i) perverts; or
(ii) is engaged in for the purpose (or for purposes including the purpose) of perverting;
the course of justice; or
(c) conduct that, having regard to the duties and powers of the Customs worker as a Customs worker:
(i) involves; or
(ii) is engaged in for the purpose (or for purposes including the purpose) of;
corruption of any other kind.
> law of customs means:
(a) this Act; or
(b) any other Act of which the CEO has the general administration; or
(c) if the CEO has the general administration of a particular provision or provisions only of an Act—that provision or those provisions; or
(d) if the CEO has the general administration of an Act, or of a particular provision or provisions of an Act, only in so far as that Act, or that provision or those provisions, relates or relate to a particular matter or matters—that Act, or that provision or those provisions, in so far as that Act, or that provision or those provisions, relates or relate to that matter or those matters; or
(e) any instrument (including rules, regulations, by‑laws or determinations) under this Act, under an Act to which paragraph (b) applies, under a provision to which paragraph (c) applies or under an Act or provision referred to in paragraph (d) in so far as it relates to a matter so referred to.
> officer of Customs has the same meaning as in the Customs Act 1901.
> prohibited drug means:
(a) a narcotic substance (within the meaning of the Customs Act 1901); or
(b) any drug specified in a legislative instrument under section 16H.
> prohibited drug test means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample.
> serious misconduct, by a Customs worker, means:
(a) corruption, a serious abuse of power, or a serious dereliction of duty, by the Customs worker; or
(b) any other seriously reprehensible act or behaviour by the Customs worker, whether or not acting, or purporting to act, in the course of his or her duties as such a Customs worker.