Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3c:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3C (pt 1/3)
Character Range: 63154–65900

3C  Interpretation
 (1) In this Part, unless the contrary intention appears:
account‑based data has the meaning given by section 3CAA.
carrier means:
 (a) a carrier within the meaning of the Telecommunications Act 1997; or
 (b) a carriage service provider within the meaning of that Act.
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
constable assisting, in relation to a warrant, means:
 (a) a person who is a constable and who is assisting in executing the warrant; or
 (b) a person who is not a constable and who has been authorised by the relevant executing officer to assist in executing the warrant.
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.
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 Part.
electronic service has the same meaning as in the Online Safety Act 2021.
emergency situation, in relation to the execution of a warrant in relation to premises, means a situation that the executing officer or a constable assisting believes, on reasonable grounds, involves a serious and imminent threat to a person's life, health or safety that requires the executing officer and constables assisting to leave the premises.
evidential material means a thing relevant to an indictable offence or a thing relevant to a summary offence, including such a thing in electronic form.
executing officer, in relation to a warrant, means:
 (a) the constable named in the warrant by the issuing officer as being responsible for executing the warrant; or
 (b) if that constable does not intend to be present at the execution of the warrant—another constable whose name has been written in the warrant by the constable so named; or
 (c) another constable whose name has been written in the warrant by the constable 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