AUSTRALIAN CAPITAL TERRITORY
Crimes (Amendment) Ordinance 1984
No. 32 of 1984
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 27 June 1984.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
GARETH EVANS
Attorney-General
An Ordinance to amend the Crimes Act, 1900 of the State of New South Wales in its application to the Territory
Short title
1. This Ordinance may be cited as the Crimes (Amendment) Ordinance 1984.1
The Crimes Act
2. In this Ordinance, “the Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application to the Territory.
Heading
3. After the heading to Part X of the Crimes Act the following heading is inserted:
Division 1—Apprehension, detention, search and seizure”.
4. After section 358 of the Crimes Act the following Division is inserted in Part X:
Division 2—Criminal investigation (extra-territorial offences)
Interpretation
“358A. (1) In this Division, unless the contrary intention appears—
‘appropriate authority’, in relation to a State or another Territory, means an authority exercising in relation to the police force of that State or Territory functions corresponding to those of the Commissioner of Police of the Australian Federal Police in relation to the Australian Federal Police;
‘corresponding law’ means a law of a State or of another Territory declared by proclamation to be a corresponding law;
‘night’ means the period commencing at 7 o’clock in each evening and ending at 7 o’clock in the following morning;
‘offence to which this Act applies’ means an indictable offence against the law of a reciprocating State (being an offence arising from an act, omission or state of affairs which, if done or occuring in the Territory would attract criminal liability under the law of the Territory);
‘owner’ in relation to an object, includes a person entitled to possession of the object;
‘premises’ means a building, structure or place (whether built upon or not and whether enclosed or unenclosed) and includes an aircraft, vessel or vehicle;
‘reciprocating State’ means a State or another Territory—
(a)in which a corresponding law is in force; and
(b)in relation to which arrangements are in force under section 358E;
‘search warrant’ means a warrant under this Division authorizing a search of premises;
‘telephone’ includes any telecommunication device.
“(2) For the purpose of this Division—
(a)anything obtained by the commision of an offence, used for the purpose of committing an offecne, or in respect of which an offence has been committed;
(b)anything that may afford evidence of the commission of an offence; or
(c)anything intended to be used for the purpose of committing an offence,
is an object relevant to the investigation of the offence.
“(3) The Governor-General may, by proclamation, declare a law of a State or of another Territory to be a corresponding law and may, by subsequent proclamation, vary or revoke any such declaration.
Issue of search warrants
“358B. (1)…