Document ID: chunk:federal_register_of_legislation:C2023C00229:section:3:p8
Version: federal_register_of_legislation:C2023C00229
Segment Type: section
Provision Reference: s 3 (pt 8/10)
Character Range: 27751–30515

2 offences are:
 (a) substantially the same acts or omissions; or
 (b) acts or omissions in a single series.
relevant investigation, in relation to a search warrant issued under Division 2 of Part VIIA, means the investigation to which the evidential material authorised to be searched and seized under the warrant relates.
relevant proceeding, in relation to a search warrant issued under Division 2 of Part VIIA, means the proceeding to which the evidential material authorised to be searched and seized under the warrant relates.
responsible enforcement agency head means the head of the enforcement agency whose authorised officer is responsible for executing a POCA search warrant.
search warrant means a warrant issued under section 38C.
seizable item means anything that would present a danger to a person or that could be used to assist a person to escape from lawful custody.
serious offence means an offence the maximum penalty for which is:
 (a) death; or
 (b) imprisonment for a period exceeding 12 months; or
 (c) a fine exceeding 300 penalty units.
Note 1: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
Note 2: Paragraph (c)—see also subsection (1A) of this section.
State includes:
 (a) the Australian Capital Territory; and
 (b) the Northern Territory.
State Minister means:
 (a) in relation to a State other than the Australian Capital Territory or the Northern Territory—a Minister of the Crown of that State; or
 (b) in relation to the Australian Capital Territory or the Northern Territory—a Minister of that Territory.
State prisoner means a person who is being held in custody pending trial for or sentence for, or under a sentence of imprisonment for, an offence against a law of a State, but does not include a person who is at large after having escaped from lawful custody.
stored communication has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
stored communications warrant information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
strip 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 all of his or her clothes; and
 (b) an examination of the person's body (but not of the person's body cavities) and of those clothes.
tainted property means:
 (a) proceeds of a foreign serious offence; or
 (b) an instrument of a foreign serious offence.
tape recording means audio recording, video recording or recording by other electronic means.
telecommunications data (except when used in Part IIIB) has the same meaning as in Schedule 1 to the Telecommunications (Interception and Access) Act 1979.
telecommunications system has the same meaning as in