Document ID: chunk:federal_register_of_legislation:C2021C00363:clause:1_34a:p1
Version: federal_register_of_legislation:C2021C00363
Segment Type: clause
Provision Reference: sch 1 cl 34A (pt 1/5)
Character Range: 10070–12885

34A  Definitions
  In this Division:
adult questioning matter means a matter that relates to the protection of, and of the people of, the Commonwealth and the several States and Territories from any of the following:
 (a) espionage;
 (b) politically motivated violence;
 (c) acts of foreign interference;
whether directed from, or committed within, Australia or not.
adult questioning warrant means a warrant issued under section 34BA (including such a warrant as varied under section 34BG).
against: a confiscation proceeding is against a person if:
 (a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or
 (b) for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law.
charged: a person is charged with an offence if a process for prosecuting the person for the offence commences.
communication device means:
 (a) a device that a person may use to communicate information to another person; or
 (b) a surveillance device (within the meaning of Division 2).
complaints agency means an Ombudsman, agency or body:
 (a) that is appointed or established by a law of a State or Territory; and
 (b) that is permitted or required to investigate complaints about the police force or police service of the State or Territory;
other than an agency or body prescribed by the regulations for the purposes of this definition.
confiscation proceeding means a proceeding under:
 (a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or
 (b) a corresponding law within the meaning of either of those Acts;
but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law.
criminal proceeding means:
 (a) a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or
 (b) a confiscation proceeding.
dangerous item means:
 (a) a weapon; or
 (b) any other thing that is or could be used in a dangerous or threatening way.
derivative material means any evidence, information, record or other thing obtained directly or indirectly from questioning material.
disclose, for questioning material or derivative material, includes:
 (a) to make available; and
 (b) to disclose copies, contents or descriptions of that material.
extra permitted questioning period has the meaning given by subsection 34DK(3).
immediate appearance requirement: a questioning warrant includes an immediate appearance requirement if it requires the subject of the warrant to appear before a prescribed authority for questioning under the warrant immediately after the subject is given notice of the requirement in accordance with section 34BH.
imminent:
 (a) a charge against a person is imminent if:
 (i) the person is under arrest for