Document ID: chunk:federal_register_of_legislation:C2025C00034:section:338:p5
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 338 (pt 5/16)
Character Range: 559177–562005

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
 (c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act, other than when those directors only do so:
 (i) in the proper performance of the functions attaching to the person's professional capacity; or
 (ii) in their business relationship with the person.
DPP means the Director of Public Prosecutions.
effective control has a meaning affected by section 337.
encumbrance, in relation to property, includes any *interest, mortgage, charge, right, claim or demand in respect of the property.
enforcement agency means:
 (a) an agency mentioned in paragraphs (a) to (d) of the definition of *authorised officer; or
 (b) an agency specified in the regulations to be a law enforcement, revenue or regulatory agency for the purposes of this Act.
entitled, in relation to an *input tax credit, includes notionally entitled to the input tax credit.
equitable sharing program has the meaning given by subsection 296(4).
evidential material means evidence relating to:
 (a) property in respect of which action has been or could be taken under this Act; or
 (b) *benefits derived from the commission of an *indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern; or
 (c) *literary proceeds.
examination means an examination under Part 3‑1.
examination notice means a notice given under section 183.
examination order means an order made under section 180, 180A, 180B, 180C, 180D, 180E, 181, 181A or 181B that is in force.
exclusion order means an order made under subsection 73(1).
executing officer, in relation to a warrant, means:
 (a) the *authorised officer named in the warrant by the magistrate as being responsible for executing the warrant; or
 (b) if that authorised officer does not intend to be present at the execution of the warrant—another authorised officer whose name has been written in the warrant by the first authorised officer; or
 (c) another authorised officer whose name has been written in the warrant by the officer last named in the warrant.
executive officer, in relation to a *financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a *director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation.
express amendment has the meaning given by subsection 14C(11).
extension order means an order made under section 93.
Federation Reform Fund means the Federation Reform Fund established by section 5 of the Federation Reform