Document ID: chunk:federal_register_of_legislation:C2004A00789:clause:1_107aa:p1
Version: federal_register_of_legislation:C2004A00789
Segment Type: clause
Provision Reference: sch 1 cl 107AA (pt 1/2)
Character Range: 2563–5148

107AA  Definitions

  In this Division, unless the contrary intention appears:

container includes:
 (a) a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
 (b) any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.

Note: Container is defined differently in the rest of the Act.

evidential material, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.

executing officer, in relation to a search warrant or to a seizure warrant, means:
 (a) an officer named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or
 (b) if that officer does not intend to be present at the execution of the warrant—any officer whose name has been written in the warrant by the officer so named; or
 (c) another officer whose name has been written in the warrant by the officer last named in the warrant.

forfeited goods means goods described as forfeited to the Crown under:
 (a) section 116 of this Act; or
 (b) section 26 of the Coal Excise Act 1949; or
 (c) section 73 of the Distillation Act 1901; or
 (d) section 17 of the Spirits Act 1906.

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 the person.

judicial officer, in relation to a search warrant or to a seizure warrant, means:
 (a) a magistrate; or
 (b) a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants.

magistrate means a magistrate who is remunerated by salary or otherwise.

occupier, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.

offence means an offence against:
 (a) this Act; or
 (b) the Coal Excise Act 1949; or
 (c) the Distillation Act 1901; or
 (d) the Spirits Act 1906.

ordinary search means a search of a person or of articles in the possession of a person that may include:
 (a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and
 (b) an examination of those items.

person assisting, in relation to a search warrant or to a seizure warrant, means:
 (a) an officer who is assisting in the execution of the warrant; or
 (b) a police officer