Document ID: chunk:federal_register_of_legislation:F2018L01121:reg:5:p1
Version: federal_register_of_legislation:F2018L01121
Segment Type: reg
Provision Reference: reg 5 (pt 1/3)
Character Range: 6833–9603

5  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AFP appointee;
(b) blood test;
(c) body sample;
(d) breath test;
(e) prohibited drug test;
(f) protective service functions.
  In this instrument:
Act means the Australian Federal Police Act 1979.
AFP means Australian Federal Police.
AFP records means the records of the Australian Federal Police.
analyst means a person at an authorised laboratory who performs the quantification of a body sample taken by an authorised person in conducting a test.
approved breath analysis instrument means an instrument that is approved for the purposes of conducting a breath test:
 (a) for a breath test conducted in a State or the Australian Capital Territory—under the law of the State or Territory in which the breath test is conducted; or
 (b) for a breath test conducted in an external Territory, the Jervis Bay Territory or a foreign country—under a law of a State or the Australian Capital Territory.
Note: A State includes the Northern Territory—see the definition of State in subsection 4(1) of the Act.
authorised laboratory means:
 (a) a facility accredited by the National Association of Testing Authorities, Australia; or
 (b) a facility covered by a determination in force under section 40.
authorised person means:
 (a) in relation to giving directions under sections 40M and 40N of the Act—a person authorised under section 31 of this instrument to give such directions; or
 (b) in relation to conducting tests and operating equipment mentioned in paragraph 40P(1)(b) of the Act—a person authorised under section 32 of this instrument to conduct such tests and operate such equipment.
claimable property means property, including liquid property, that has lawfully come into the possession of an AFP employee, a special member or a special protective service officer and:
 (a) includes property that:
 (i) has been seized or found; or
 (ii) is held for evidentiary use in legal proceedings; and
 (b) does not include:
 (i) property that is owned or is held, under any rights to lawful possession (other than those referred to in paragraph (a)), by the AFP; or
 (ii) property that the Commissioner has directed under section 74 be disposed of (disposal of other property that has been found); or
 (iii) property that the Commissioner has directed under section 76 be disposed of (immediate disposal of property on the grounds of public health and safety or offensive nature).
cost to AFP for use of AFP appointee's time, in relation to making an AFP appointee available to render a service, means:
 (a) if the AFP appointee is made available for a minimum of 4 hours and renders the service for 4 hours or less—the amount of remuneration payable