Part IAA
-
Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)
History
Part IAA heading substituted by No 116 of 2014, s 3 and Sch 1 item 39, effective 1 December 2014. Part IAA (heading) formerly read:
Part IAA
-
Search, information gathering, arrest and related powers
Part IAA (heading) substituted by No 144 of 2005, s 3 and Sch 5 item 1, effective 15 December 2005. No 144 of 2005, s 4 contains the following review provisions:
4 Review of anti-terrorism laws
(1)
The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a)
the amendments made by Schedules 1, 3, 4 and 5; and
(b)
certain State laws.
(2)
If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Part IAA (heading) formerly read:
Part IAA
-
Search warrants and powers of arrest
Part IAA (heading) substituted by No 41 of 2003, s 3 and Sch 3 item 3, effective 3 June 2003. For saving provision, see note under s 23C(7). The heading formerly read:
Part 1AA
-
Search warrants and powers of arrest
Division 4A
-
Determining a person's age
History
Div 4A inserted by No 37 of 2001, s 3 and Sch 1
item 1, effective 4 June 2001.
Subdivision A
-
Preliminary
History
Subdiv A inserted by No 37 of 2001, s 3 and Sch 1 item 1, effective 4 June 2001.
SECTION 3ZQA
Definitions
(1)
In this Division:
age determination information
means a record, or information, relating to a person that is obtained by carrying out a prescribed procedure.
History
Definition of
"
age determination information
"
amended by No 74 of 2013, s 3 and Sch 3 item 1, by substituting
"
a record, or information,
"
for
"
a photograph (including an X-ray photograph) or any other record or information
"
, effective 29 June 2013.
appropriately qualified
, in relation to the carrying out of a prescribed procedure, means:
(a)
having suitable professional qualifications or experience to carry out the prescribed procedure; or
(b)
qualified under the regulations to carry out the prescribed procedure.
Commonwealth offence
means:
(a)
an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the
Defence Force Discipline Act 1982
; or
(b)
a State offence that has a federal aspect.
History
Definition of ``Commonwealth offence'' substituted by No 64 of 2004, s 3 and Sch 3 item 9, effective 22 December 2004. The definition formerly read:
Commonwealth offence
means:
(a)
an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the
Defence Force Discipline Act 1982
; or
(b)
a State offence that has a federal aspect.
Definition of ``Commonwealth offence'' substituted by No 64 of 2004, s 3 and Sch 3 item 9, effective 22 December 2004. The definition formerly read:
Commonwealth offence
means an offence against a law of the Commonwealth, other than an offence that is a service offence for the purposes of the
Defence Force Discipline Act 1982
.
investigating official
means:
(a)
a member or special member of the Australian Federal Police; or
(b)
a member of the police force of a State or Territory; or
(c)
a person who holds an office the functions of which include the investigation of Commonwealth offences and who is empowered by a law of the Commonwealth because of the holding of that office to make arrests in respect of such offences.
prescribed procedure
means a procedure specified by regulations made for the purposes of subsection (2) to be a prescribed procedure for determining a person
'
s age.
(2)
The regulations may specify a particular procedure to be a prescribed procedure for determining a person
'
s age.
History
S 3ZQA(2) amended by No 74 of 2013, s 3 and Sch 3 item 2, by omitting
"
, which may include the taking of an X-ray of a part of a person
'
s body,
"
, effective 29 June 2013.
(3)
a procedure prescribed for the purposes of subsection (2):
(a)
may involve the operation of particular equipment that is specified for the purpose; and
(b)
must require that equipment to be operated by an appropriately qualified person.
(4)
Before the Governor-General makes a regulation for the purposes of subsection (2), the Minister must consult with the Minister responsible for the administration of the
Therapeutic Goods Act 1989
.
History
S 3ZQA inserted by No 37 of 2001, s 3 and Sch 1 item 1, effective 4 June 2001.