Document ID: chunk:federal_register_of_legislation:C2025C00034:section:338:p4
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 338 (pt 4/16)
Character Range: 556694–559413

corresponds to this Act.
criminal proceeding, in relation to a *foreign serious offence, has the same meaning as in the *Mutual Assistance Act.
Customs officer means an officer of Customs within the meaning of the Customs Act 1901.
data includes:
 (a) information in any form; or
 (b) any program (or part of a program).
data held in a computer includes:
 (a) *data held in any removable *data storage device for the time being held in a computer; or
 (b) data held in a data storage device on a computer network of which the computer forms a part.
data storage device means a thing containing, or designed to contain, *data for use by a computer.
deal: dealing with a person's property includes:
 (a) if a debt is owed to that person—making a payment to any person in reduction of the amount of the debt; and
 (b) removing the property from *Australia; and
 (c) receiving or making a gift of the property; and
 (d) if the property is covered by a *restraining order—engaging in a transaction that has the direct or indirect effect of reducing the value of the person's interest in the property.
de facto partner has the meaning given by the Acts Interpretation Act 1901.
dependant: each of the following is a dependant of a person:
 (a) the person's spouse or *de facto partner;
 (b) the person's *child, or member of the person's household, who depends on the person for support.
derived has the meaning given by section 336.
digital asset means:
 (a) a digital representation of value or rights (including rights to property), the ownership of which is evidenced cryptographically and that is held and transferred electronically by:
 (i) a type of distributed ledger technology; or
 (ii) another distributed cryptographically verifiable data structure; or
 (b) a right or thing prescribed by the regulations;
but does not include any right or thing that, under the regulations, is taken not to be a digital asset for the purposes of this Act.
digital currency has the meaning given by the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006.
digital currency exchange means a registrable digital currency exchange service (within the meaning of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006).
director, in relation to a *financial institution or a corporation, means:
 (a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory—a constituent member of the body corporate; and
 (b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and