Document ID: chunk:federal_register_of_legislation:C2025C00132:section:23wa:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 23WA (pt 1/7)
Character Range: 1079969–1082776

23WA  Definitions
 (1) In this Part:
Aboriginal legal assistance organisation has the same meaning as in Part IC.
accredited laboratory means:
 (a) a forensic laboratory accredited by the National Association of Testing Authorities, Australia; or
 (b) a forensic laboratory that is of a kind prescribed by the regulations for the purposes of this paragraph.
adult means a person of or above 18 years of age.
AFP function means a function of the Australian Federal Police set out in section 8 of the Australian Federal Police Act 1979.
appropriately qualified, in relation to carrying out a forensic procedure, means:
 (a) having suitable professional qualifications or experience to carry out the forensic procedure; or
 (b) qualified under the regulations to carry out the forensic procedure.
authorised applicant for an order for the carrying out of a forensic procedure means:
 (a) if the procedure will be carried out on a suspect—the constable in charge of a police station or the investigating constable in relation to a relevant offence; or
 (b) if the procedure will be carried out on an offender—the constable in charge of a police station, the investigating constable in relation to a relevant offence or the Director of Public Prosecutions.
authorising provision, in relation to a request by a foreign country or international tribunal, means whichever of the following provisions that refers to the request:
 (a) section 28B of the Mutual Assistance in Criminal Matters Act 1987;
 (b) section 76A of the International Criminal Court Act 2002;
 (c) section 32B of the International War Crimes Tribunals Act 1995.
child means a person who is at least 10 years of age but under 18 years of age.
Commissioner means the Commissioner of the Australian Federal Police and includes a constable or AFP appointee (within the meaning of the Australian Federal Police Act 1979) to whom the Commissioner has delegated the functions and powers conferred or imposed on the Commissioner under this Act.
Note: See section 23YQ for the Commissioner's power to delegate.
Commonwealth DNA database system is defined in section 23YDAC.
corresponding law is defined in section 23YUA.
crime within the jurisdiction of the ICC has the same meaning as in the International Criminal Court Act 2002.
destroy is defined in subsection (5).
exercise a function includes perform a duty.
foreign law enforcement agency means:
 (a) a police force (however described) of a foreign country; or
 (b) any other authority or person responsible for the enforcement of the laws of the foreign country; or
 (c) any other authority or person responsible to the ICC for investigating or prosecuting a crime within the jurisdiction of the ICC; or
 (d) any other authority or person responsible to a War Crimes Tribunal for investigating or