Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p3
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 5514–8130

under this Part, 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 or warrants for arrest, as the case may be;

'offence' means:

    (a) an offence against a law of the Commonwealth (other than the Defence Force Discipline Act 1982); or

     (b) an offence against a law of a Territory other than the Australian Capital Territory;

'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 and hat; and

  (b) an examination of those items;

'police station' includes:

  (a) a police station of a State or Territory; and

  (b) a building occupied by the Australian Federal Police;

'premises' includes a place and a conveyance;

'recently used conveyance', in relation to a search of a person, means a conveyance that the person had operated or occupied at any time within 24 hours before the search commenced;

'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;

'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 garments; and

     (b) an examination of the person's body (but not of the person's body cavities) and of those garments;

'warrant' means a warrant under this Part;

'warrant premises' means premises in relation to which a warrant is in force.

"(2) A person referred to in paragraph (b) of the definition of 'constable assisting' in subsection (1) must not take part in searching or arresting a person.

Application of Part

"3D.(1) This Part is not intended to limit or exclude the operation of another law of the Commonwealth relating to:

  (a) the search of persons or premises; or

  (b) arrest and related matters; or

  (c) the stopping, detaining or searching of conveyances; or

  (d) the seizure of things.

"(2) To avoid any doubt, it is declared that even though another law of the Commonwealth provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Part may be used despite the existence of the power under the other law.

"(3) This Part does not apply to offences against the laws of the Australian Capital Territory.

"(4) This Part is not intended to limit or exclude the operation of a law of another Territory relating to:

  (a) the search of persons