Definitions
107AA Definitions
In this Division, unless the contrary intention appears:
container includes:
a trailer or other like receptacle, whether with or without wheels, that is used for the movement of goods from one place to another; and
any other thing that is or could be used for the carriage of goods, whether or not designed for that purpose.
Container is defined differently in the rest of the Act.
evidential material, in relation to an offence, whether the offence is indictable or summary, means a thing relevant to the offence, including such a thing in electronic form.
executing officer, in relation to a search warrant or to a seizure warrant, means:
an officer named in the warrant by the judicial officer issuing it as being responsible for executing the warrant; or
if that officer does not intend to be present at the execution of the warrant—any officer whose name has been written in the warrant by the officer so named; or
another officer whose name has been written in the warrant by the officer last named in the warrant.
forfeited goods means goods forfeited to the Crown under section 116.
Frisk search means:
a search of a person conducted by quickly running the hands over the person’s outer garments; and
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 magistrate; or
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, and includes a Judge, or acting Judge, of the Local Court of New South Wales or of the Local Court of the Northern Territory.
occupier, in relation to premises that are a conveyance or a container, means the person having charge of the conveyance or container.
offence means any of the following:
an offence against this Act;
an offence against a provision in Division 308 in Schedule 1 to the Taxation Administration Act 1953.
Ordinary search means a search of a person or of articles in the possession of a person that may include:
requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and
an examination of those items.
person assisting, in relation to a search warrant or to a seizure warrant, means:
an officer who is assisting in the execution of the warrant; or
a police officer who is assisting in the execution of the warrant; or
a person whose name has not been written in the warrant and who has been authorised by the CEO to assist in executing the warrant.
premises includes a place, a conveyance or a container.
search warrant means a warrant issued under section 107BA.
seizure notice means a notice of the kind referred to in section 107FC.
seizure warrant means a warrant issued under section 107CA.
warrant premises means premises in relation to which a search warrant or a seizure warrant is in force.
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