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Police Administration Act 1978
116Interpretation
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116 Interpretation
(1) For this Part:
(a) anything with respect to which an offence has been committed
or is believed on reasonable grounds to have been committed;
(b) anything with respect to which there are reasonable grounds
for believing that it will offer evidence of the commission of any
such offence; or
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(c) anything with respect to which there are reasonable grounds
for believing that it is intended to be used for the purposes of
committing any such offence,
shall be taken to be a thing connected with or relating to an offence,
and includes anything that has been unlawfully obtained in
connection with or relating to an offence.
(2) In this Part:
aircraft includes any machine that can derive support in the
atmosphere from the reactions of the air.
ammunition, see the Firearms Act 1997.
at, a place, includes in or on the place.
explosive includes the following:
(a) a substance or compound that is, itself, or in combination with
another substance or compound, by the application of a
suitable stimulus to a small portion of its mass, capable of:
(i) being converted almost instantaneously into another
substance, largely or entirely gaseous; and
(ii) creating an explosion;
(b) a device made or adapted to enable it to be used in
combination with a substance or compound mentioned in
paragraph (a) to create an explosion;
(c) anything prescribed by regulation to be an explosive.
offence means an offence against a law of the Territory or an Act
of the Commonwealth.
place includes:
(a) vacant land;
(b) premises; and
(c) an aircraft, ship, train or vehicle.
premises includes:
(a) a building or structure;
(b) a part of a building or structure; and
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(c) land on which a building or structure is situated.
restricted weapon means:
(a) a firearm; or
(b) a controlled weapon, an offensive weapon or a prohibited
weapon, each as defined in section 3 of the Weapons Control
ship means a vessel or boat of any description, and includes a
floating structure and a hovercraft or similar craft, but does not
include a ship under the control of the Australian Defence Force or
the defence force of a foreign country.
vehicle means any vehicle propelled by internal combustion,
steam, gas, oil, electricity or any other power and used or intended
for use or adapted or capable of being adapted for use on roads,
whether or not it is in a fit state for such use, and includes any
trailer or caravan intended or adapted or capable of being adapted
for use as an attachment to such a vehicle, any chassis or body,
with or without wheels, appearing to form or to have formed part of
such a vehicle, trailer or caravan and anything attached to such a
vehicle, trailer or caravan.
(7) In this Part, a reference to an information, unless the contrary
intention appears, includes a complaint, and informant includes a
complainant.
(8) For this Part, a person is deemed to have made an application to a
court, judge or justice of the peace by telephone if the person's
application, any submissions concerning the application, and any
information required by the court, judge or justice of the peace in
connection with the application are given to the judge or justice
either wholly or in part, by means of telephone, telex, radio or
similar facilities.
(9) For the purposes of this Part, a person shall not be taken to have
been charged with an offence unless:
(a) subject to paragraph (b), particulars of the charge have been
entered in a Police Station charge book; or
(b) where it is not practicable to comply with the requirements of
paragraph (a), a person is held in custody following his arrest
and has been advised by a member that he will be charged
with an offence.
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