Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p16
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 37634–40328

warrant—any authorised person whose name has been written in the warrant by the authorised person so named; or

    (c) another authorised person whose name has been written in the warrant by the authorised person last named in the warrant;

'forfeited goods' means goods described as forfeited to the Crown under:

    (a) section 228, 228A, 228B, 229, 229A or 230 of this Act; or

    (b) section 26 of the Coal Excise Act 1949; or

    (c) section 7, 10, 11 or 13 of the Commerce (Trade Descriptions) Act 1905; or

    (d) section 73 of the Distillation Act 1901; or

    (e) section 116 of the Excise Act 1901; or

    (f) 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 Commerce (Trade Descriptions) Act 1905; or

    (d) the Distillation Act 1901; or

SCHEDULE 4—continued

    (e) the Excise Act 1901; or

    (f) 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) a person who is an authorised person and who is assisting in the execution of the warrant; or

    (b) a person who is not an authorised person and who has been authorised by the CEO or by a Regional Director for a State or Territory to assist in executing the warrant;

'premises' includes a place, a conveyance or a container;

'search warrant' means a warrant issued under section 198;

'seizure notice' means a notice of the kind referred to in section 205A;

'seizure warrant' means a warrant issued under section 203;

'special forfeited goods' means forfeited goods that are referred to in paragraph 229(1)(b) or (n);

'warrant premises' means premises in relation to which a