Proceeds of Crime Act 2002

CHAPTER 6 - INTERPRETING THIS ACT  

PART 6-2 - DICTIONARY  

SECTION 338  

338   Dictionary  

In this Act, unless the contrary intention appears:

abscond
has the meaning given by section 334 .

account
means any facility or arrangement through which a *financial institution accepts deposits or allows withdrawals and includes:

(a) a facility or arrangement for:

(i) a *fixed term deposit; or

(ii) a safety deposit box; and

(b) a credit card account; and

(c) a loan account (other than a credit card account); and

(d) an account held in the form of units in:

(i) a cash management trust; or

(ii) a trust of a kind prescribed by the regulations; and

(e) a closed account.

To avoid doubt, it is immaterial whether:

(f) an account has a nil balance; or

(g) any transactions have been allowed in relation to an account.

adoption Act
has the meaning given by subsection 14C(11) .

advantage
includes financial advantage.

Note:

See also the definition of financial advantage .

affairs
of a person includes, but is not limited to:

(a) the nature and location of property of the person or property in which the person has an interest; and

(b) any activities of the person that are, or may be, relevant to whether or not the person has engaged in unlawful activity of a kind relevant to the making of an order under this Act.

AFP member
means a member, or special member, (within the meaning of the Australian Federal Police Act 1979 ) of the Australian Federal Police.

agent
includes, if the agent is a corporation, the * officers and agents of the corporation.

amendment reference
has the meaning given by subsection 14C(4) .

appropriate officer
means the * DPP or a person included in a class of persons declared by the regulations to be within this definition.

approved examiner
has the meaning given by subsection 183(4) .

associated GST entity
means an entity (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 ) that has entered into an arrangement with the *Official Trustee under section 153-50 of that Act.

AUSTRAC
means the Australian Transaction Reports and Analysis Centre continued in existence by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 .

Australia
, when used in a geographical sense, includes the external Territories.

authorised officer
means:

(a) any of the following, if authorised by the Commissioner of the Australian Federal Police:

(i) an *AFP member;

(ii) an AFP employee within the meaning of the Australian Federal Police Act 1979 ;

(iii) an employee of an authority of a State or Territory, or an authority of the Commonwealth, within the meaning of the Australian Federal Police Act 1979 , while he or she is assisting the Australian Federal Police in the performance of its functions under an agreement under section 69D of that Act; or

(aa) any of the following:

(i) the National Anti-Corruption Commissioner (within the meaning of the National Anti-Corruption Commission Act 2022 );

(ii) a National Anti-Corruption Deputy Commissioner (within the meaning of that Act);

(iii) another staff member of the NACC (within the meaning of that Act) who is authorised in writing by the National Anti-Corruption Commissioner for the purposes of this paragraph; or

(b) any of the following:

(i) the Chief Executive Officer of the Australian Crime Commission;

(ii) an examiner (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission;

(iii) a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ) who is authorised by the Chief Executive Officer of the Australian Crime Commission; or

(c) a person who is an APS employee in the *Immigration and Border Protection Department and who is authorised by the *Comptroller-General of Customs; or

(d) a member, or staff member, (within the meaning of the Australian Securities and Investments Commission Act 2001 ) of the Australian Securities and Investments Commission who is authorised by the Chairperson of the Australian Securities and Investments Commission; or

(e) a member, officer or employee of any other agency specified in the regulations who is authorised by the head of that agency.

authorised State/Territory officer
has the meaning given in subclause 1(2) of Schedule 1 .

bankruptcy court
means a court having jurisdiction in bankruptcy under the Bankruptcy Act 1966 .

bankruptcy property
of a person means property that:

(a) is vested in another person under subsection 58(1) of the Bankruptcy Act 1966 but immediately before being so vested was:

(i) property of the person; or

(ii) subject to the * effective control of the person; or

(b) is vested in another person under subsection 249(1) of the Bankruptcy Act 1966 but immediately before being so vested was:

(i) property of the person ' s estate; or

(ii) subject to the effective control of the executors of the person ' s estate.

benefit
includes service or advantage.

Note:

See also the definition of advantage .

books
includes any account, deed, paper, writing or document and any record of information however compiled, recorded or stored, whether in writing, on microfilm, by electronic process or otherwise.

charged
: a person is charged with an offence if an information is laid against the person for the offence whether or not:

(a) a summons to require the attendance of the person to answer the information has been issued; or

(b) a warrant for the arrest of the person has been issued.

child
: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

COAG Reform Fund
(Repealed by No 54 of 2024)

compensation order
means an order made under subsection 77(1) .

Comptroller-General of Customs
means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

Confiscated Assets Account
means the account established under section 295 .

confiscation order
means a * forfeiture order, a * pecuniary penalty order, a * literary proceeds order or an *unexplained wealth order.

controlled property
has the meaning given by section 267 .

Note 1:

Section 267A alters the meaning of this term for the purposes of Division 3 of Part 4-1 .

Note 2:

Section 267AA alters the meaning of this term for the purposes of Division 2 of Part 4-1 .

Note 3:

Section 267AB alters the meaning of this term for the purposes of Division 3 of Part 4-1 and sections 289 and 290 .

conveyance
includes an aircraft, vehicle or vessel.

convicted
has the meaning given by section 331 .

conviction day
has the meaning given by section 333 .

cooperating State
has the meaning given by subsections 14F(1) , (2) and (3) .

corresponding law
means a law of a State or of a * self-governing Territory that is declared by the regulations to be a law that corresponds to this Act.

criminal proceeding
, in relation to a * foreign serious offence, has the same meaning as in the * Mutual Assistance Act.

Customs officer
means an officer of Customs within the meaning of the Customs Act 1901 .

data
includes:

(a) information in any form; or

(b) any program (or part of a program).

data held in a computer
includes:

(a) * data held in any removable * data storage device for the time being held in a computer; or

(b) data held in a data storage device on a computer network of which the computer forms a part.

data storage device
means a thing containing, or designed to contain, * data for use by a computer.

deal
: dealing with a person ' s property includes:

(a) if a debt is owed to that person - making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from * Australia; and

(c) receiving or making a gift of the property; and

(d) if the property is covered by a * restraining order - engaging in a transaction that has the direct or indirect effect of reducing the value of the person ' s interest in the property.

de facto partner
has the meaning given by the Acts Interpretation Act 1901 .

dependant
: each of the following is a dependant of a person:

(a) the person ' s spouse or * de facto partner;

(b) the person ' s * child, or member of the person ' s household, who depends on the person for support.

derived
has the meaning given by section 336 .

director
, in relation to a * financial institution or a corporation, means:

(a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory - a constituent member of the body corporate; and

(b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act, other than when those directors only do so:

(i) in the proper performance of the functions attaching to the person ' s professional capacity; or

(ii) in their business relationship with the person.

discretionary trust
(Repealed by No 4 of 2010)

distributable funds
(Repealed by No 4 of 2010)

DPP
means the Director of Public Prosecutions.

effective control
has a meaning affected by section 337 .

encumbrance
, in relation to property, includes any * interest, mortgage, charge, right, claim or demand in respect of the property.

enforcement agency
means:

(a) an agency mentioned in paragraphs (a) to (d) of the definition of * authorised officer; or

(b) an agency specified in the regulations to be a law enforcement, revenue or regulatory agency for the purposes of this Act.

entitled
, in relation to an *input tax credit, includes notionally entitled to the input tax credit.

equitable sharing program
has the meaning given by subsection 296(4) .

evidential material
means evidence relating to:

(a) property in respect of which action has been or could be taken under this Act; or

(b) * benefits derived from the commission of an * indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern; or

(c) * literary proceeds.

examination
means an examination under Part 3-1 .

examination notice
means a notice given under section 183 .

examination order
means an order made under section 180 , 180A , 180B , 180C , 180D , 180E , 181 , 181A or 181B that is in force.

exclusion order
means an order made under subsection 73(1) .

executing officer
, in relation to a warrant, means:

(a) the * authorised officer named in the warrant by the magistrate as being responsible for executing the warrant; or

(b) if that authorised officer does not intend to be present at the execution of the warrant - another authorised officer whose name has been written in the warrant by the first authorised officer; or

(c) another authorised officer whose name has been written in the warrant by the officer last named in the warrant.

executive officer
, in relation to a * financial institution or a corporation, means any person, by whatever name called and whether or not he or she is a * director of the institution or corporation, who is concerned, or takes part, in the management of the institution or corporation.

extension order
means an order made under section 93 .

express amendment
has the meaning given by subsection 14C(11) .

Federation Reform Fund
means the Federation Reform Fund established by section 5 of the Federation Reform Fund Act 2008 .

financial advantage
includes the avoidance, deferral or reduction of a debt, loss or liability.

financial institution
means:

(a) a body corporate that is an ADI for the purposes of the Banking Act 1959 ; or

(b) the Reserve Bank of Australia; or

(c) a society registered or incorporated as a co-operative housing society or similar society under a law of a State or Territory; or

(d) a person who carries on State banking within the meaning of paragraph 51(xiii) of the Constitution; or

(e) a body corporate that is a financial corporation within the meaning of paragraph 51(xx) of the Constitution; or

(f) a body corporate that, if it had been incorporated in * Australia, would be a financial corporation within the meaning of paragraph 51(xx) of the Constitution; or

(g) a trading corporation (within the meaning of paragraph 51(xx) of the Constitution) that carries on a business of operating a casino; or

(h) a trading corporation (within the meaning of paragraph 51(xx) of the Constitution) that is a * totalisator agency board.

fixed term deposit
means an interest bearing deposit lodged for a fixed period.

foreign deferred prosecution agreement
means an agreement that:

(a) is between a person and a competent authority of a foreign country; and

(b) provides for the indefinite deferral of the prosecution of the person for an offence against a law of the foreign country, so long as the conditions set out in the agreement are met.

foreign forfeiture order
has the same meaning as in the * Mutual Assistance Act.

foreign indictable offence
has the meaning given by section 337A .

foreign pecuniary penalty order
has the same meaning as in the * Mutual Assistance Act.

foreign restraining order
has the same meaning as in the * Mutual Assistance Act.

foreign serious offence
has the same meaning as in the * Mutual Assistance Act.

forfeiture order
means an order made under Division 1 of Part 2-2 that is in force.

freezing order
means an order under section 15B , with any variations under section 15Q .

frisk search
means:

(a) a search of a person conducted by quickly running the hands over the person ' s outer garments; and

(b) an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

GST
has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 .

Immigration and Border Protection Department
means the Department administered by the Minister administering Part XII of the Customs Act 1901 .

improvements
to property or *wealth includes additions to, altering, repairing, restoring, structuring, restructuring, or any other change to the whole or part of the property or *wealth (whether or not it results in an increase in value of the property or wealth).

indictable offence
means an offence against a law of the Commonwealth, or a * non-governing Territory, that may be dealt with as an indictable offence (even if it may also be dealt with as a summary offence in some circumstances).

indictable offence of Commonwealth concern
means an offence against a law of a State or a * self-governing Territory:

(a) that may be dealt on indictment (even if it may also be dealt with as a summary offence in some circumstances); and

(b) the * proceeds of which were (or were attempted to have been) dealt with in contravention of a law of the Commonwealth on:

(i) importation of goods into, or exportation of goods from, * Australia; or

(ii) a communication using a postal, telegraphic or telephonic service within the meaning of paragraph 51(v) of the Constitution; or

(iii) a transaction in the course of banking (other than State banking that does not extend beyond the limits of the State concerned).

information gathering
:

(a) in relation to the *amendment reference of a State - has the meaning given by section 14E ; and

(b) otherwise - has its ordinary meaning.

input tax credit
has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999) .

instrument
has the meaning given by sections 329 and 330 .

interest
, in relation to property or a thing, means:

(a) a legal or equitable estate or interest in the property or thing; or

(b) a right, power or privilege in connection with the property or thing;

whether present or future and whether vested or contingent.

Note:

For references to an interest in property of a person who has died, see subsection 325(2) .

International Criminal Court
has the same meaning as in the Criminal Code .

International War Crimes Tribunal
means a Tribunal (within the meaning of the International War Crimes Tribunals Act 1995) .

interstate forfeiture order
means an order that is made under a * corresponding law and is of a kind declared by the regulations to be within this definition.

interstate indictable offence
means an offence against a law of a State or a * self-governing Territory, being an offence in relation to which an * interstate forfeiture order or an * interstate pecuniary penalty order may be made under a * corresponding law of that State or Territory.

interstate pecuniary penalty order
means an order that is made under a * corresponding law and is of a kind declared by the regulations to be within this definition.

interstate restraining order
means an order that is made under a * corresponding law and is of a kind declared by the regulations to be within this definition.

lawfully acquired
has a meaning affected by section 336A .

lawyer
means a duly qualified legal practitioner.

legal aid commission
means an authority established by or under a law of a State or a * self-governing Territory for the purpose of providing legal assistance.

legal professional privilege
includes privilege under Division 1 of Part 3.10 of the Evidence Act 1995 .

liability to pay GST
includes notional liability to pay GST.

literary proceeds
has the meaning given by section 153 .

literary proceeds amount
has the meaning given by subsection 158(1) .

literary proceeds order
means an order made under section 152 that is in force.

main machinery and transitional provisions
has the meaning given by paragraph 14B(5)(a) .

main unexplained wealth provisions
has the meaning given by subsection 14B(3) .

monitoring order
means an order made under section 219 that is in force.

Mutual Assistance Act
means the Mutual Assistance in Criminal Matters Act 1987 .

Mutual Assistance Department
means the Department administered by the Minister who administers the Mutual Assistance Act.

narcotic substance
means:

(a) a narcotic substance within the meaning of the Customs Act 1901 ; or

(b) a substance specified in the regulations for the purposes of this definition.

national cooperative scheme on unexplained wealth
has the meaning given by subsection 297A(1) .

national unexplained wealth provisions
has the meaning given by subsection 14B(2) .

NCSUW agreement
has the meaning given by subsection 297A(2) .

non-governing Territory
means a Territory that is not a * self-governing Territory.

non-participating State
means a State that is not a *participating State.

officer
, in relation to a * financial institution or a corporation, means a * director, secretary, * executive officer or employee.

Official Trustee
means the Official Trustee in Bankruptcy.

ordinary search
means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

(b) an examination of those items.

parent
: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

participating jurisdiction information gathering provisions
has the meaning given by subsection 14B(4) .

participating State
has the meaning given by subsections 14C(1) , (7) , (8) , (9) and (10) .

pecuniary penalty order
means an order made under section 116 that is in force.

penalty amount
has the meaning given by subsection 121(1) .

person assisting
, in relation to a * search warrant, means:

(a) a person who is an * authorised officer and who is assisting in executing the warrant; or

(b) a person who is not an authorised officer and who has been authorised by the relevant * executing officer to assist in executing the warrant.

person ' s property
: a person ' s property includes property in respect of which the person has the beneficial interest.

petition
means a petition under the Bankruptcy Act 1966 .

police officer
means:

(a) an * AFP member; or

(b) a member of the police force of a State or Territory.

post-amended version 1 of this Act
has the meaning given by subsection 14C(5) .

post-amended version 2 of this Act
has the meaning given by subsection 14C(6) .

pre-amended version of this Act
has the meaning given by subsection 14C(11) .

preliminary unexplained wealth order
, in relation to a person, means an order under section 179B requiring the person to appear before a court.

premises
includes:

(a) any land; and

(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and

(c) any part of such a structure, building, aircraft, vehicle, vessel or place.

principal order
means any of the following orders:

(a) a *restraining order;

(b) a *forfeiture order;

(c) a *pecuniary penalty order;

(d) a *literary proceeds order;

(e) an *unexplained wealth order.

proceeds
has the meaning given by sections 329 and 330 .

proceeds jurisdiction
has the meaning given by section 335 .

proceeds of confiscated assets
has the meaning given by subsection 296(3) .

proceeds of crime authority
means:

(a) the Commissioner of the Australian Federal Police; or

(b) the *DPP.

Note 1:

Section 69C of the Australian Federal Police Act 1979 provides for the delegation of the functions, powers and duties of the Commissioner of the Australian Federal Police under this Act.

Note 2:

Section 31 of the Director of Public Prosecutions Act 1983 provides for the delegation of the functions of the DPP.

Note 3:

If an application for a principal order, or a principal order, has already been made, the proceeds of crime authority responsible for the application or the order is referred to as the responsible authority (see the definition in this section).

production order
means an order made under subsection 202(1) , or subclause 1(1) of Schedule 1 , that is in force.

professional confidential relationship privilege
means privilege under Division 1A of Part 3.10 of the Evidence Act 1995 (NSW) or a similar law of a State or Territory.

property
means real or personal property of every description, whether situated in * Australia or elsewhere and whether tangible or intangible, and includes an * interest in any such real or personal property.

property-tracking document
has the meaning given in subsection 202(5) .

quashed
has the meaning given by section 332 .

referral Act
has the meaning given by subsection 14C(11) .

registrable property
means property title to which is passed by registration on a register kept pursuant to a provision of any law of the Commonwealth or of a State or Territory.

registration authority
of a charge on a particular kind of personal property within the meaning of the Personal Property Securities Act 2009 includes the registration of data in relation to that kind of property for the purposes of paragraph 148(c) of that Act.

Note:

The Personal Property Securities Act 2009 provides for the registration of such data if regulations are made for the purposes of paragraph 148(c) of that Act.

related offence
: an offence is a related offence in relation to another offence if the physical elements of the 2 offences are:

(a) substantially the same acts or omissions; or

(b) acts or omissions in a single series.

relevant law 1
has the meaning given by subsection 14C(11) .

relevant law 2
has the meaning given by subsection 14C(11) .

relevant offence
of a *participating State means an offence of a kind that is specified by the *referral Act or *adoption Act of the State.

responsible authority
, in relation to an application for a *principal order, or a principal order, or to an application, proceedings, function, order, power or duty related to, or arising out of, such an application or order, means:

(a) in the case of an application for a principal order:

(i) the *proceeds of crime authority that made the application; or

(ii) if responsibility for the application has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section; or

(b) in the case of a principal order:

(i) the proceeds of crime authority that made the application for the order; or

(ii) if responsibility for that application, or the order, has been transferred under section 315B - the proceeds of crime authority to which responsibility has been transferred (or has been latest transferred) under that section.

Note 1:

The proceeds of crime authority is the Commissioner of the Australian Federal Police, or the DPP (see the definition of proceeds of crime authority in this section). Either authority may start and conduct proceedings under this Act.

Note 2:

Section 315B provides that responsibility for an application for a principal order, or for a principal order, may be transferred between the 2 proceeds of crime authorities.

responsible custodian
has the meaning given by subsection 254(2) .

restraining order
means an order under section 17 , 18 , 19 , 20 or 20A that is in force.

[ CCH Note: The amendment by No 3 of 2010, s 3 and Sch 1 item 36, substituting " 20 or 20A " for " or 20 " did not include a comma before " 20 " .]

search warrant
means a warrant issued under section 225 that is in force.

self-governing Territory
means:

(a) the Australian Capital Territory; or

(b) the Northern Territory.

(c) (Repealed by No 59 of 2015)

senior Departmental officer
means an SES employee or acting SES employee in the Department.

serious offence
means:

(a) an * indictable offence punishable by imprisonment for 3 or more years, involving:

(i) unlawful conduct relating to a * narcotic substance; or

(ia) unlawful conduct constituted by or relating to a breach of Part 9.1 of the Criminal Code (serious drug offences); or

(ii) unlawful conduct constituted by or relating to a breach of section 81 of the Proceeds of Crime Act 1987 or Part 10.2 of the Criminal Code (money-laundering); or

(iii) unlawful conduct by a person that causes, or is intended to cause, a * benefit to the value of at least $ 10,000 for that person or another person; or

(iv) unlawful conduct by a person that causes, or is intended to cause, a loss to the Commonwealth or another person of at least $ 10,000; or

(aa) unlawful conduct by a person that consists of an indictable offence (the 3 year offence ) punishable by imprisonment for 3 or more years and one or more other indictable offences that, taken together with the 3 year offence, constitute a series of offences:

(i) that are founded on the same facts or are of a similar character; and

(ii) that cause, or are intended to cause, a benefit to the value of at least $10,000 for that person or another person, or a loss to the Commonwealth or another person of at least $10,000; or

(b) an offence against any of the following provisions of the Migration Act 1958 :

(i) section 233A (offence of people smuggling);

(ii) section 233B (people smuggling involving danger of death or serious harm etc.);

(iii) section 233C (people smuggling at least 5 people);

(iv) section 233D (supporting the offence of people smuggling);

(v) subsection 233E(1) or (2) (concealing non-citizens etc.);

(vi) section 234A (false documents etc. relating to at least 5 non-citizens);

(c) an offence against any of the following provisions of the Financial Transaction Reports Act 1988 involving a transaction of at least $ 50,000 in value:

(i) section 15 (reports about transfers of currency into or out of Australia); or

(ii) section 29 (false or misleading information); or

(d) an offence against section 24 (opening accounts etc. in false names) of the Financial Transaction Reports Act 1988 if transactions on the relevant account total at least $ 50,000 in value during any 6 month period; or

(e) an offence against section 31 (conducting transactions to avoid reporting requirements) of the Financial Transaction Reports Act 1988 if transactions in breach of that section by the person committing the offence total at least $ 50,000 in value during any 6 month period; or

(ea) an offence against any of the following sections of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 involving a transaction of at least $ 50,000 in value:

(i) section 53 (reports about movements of monetary instruments into or out of Australia);

(ii) former section 59 (reports about movements of bearer negotiable instruments into or out of Australia);

(iii) section 136 (false or misleading information);

(iv) section 137 (false or misleading documents); or

(eb) an offence against any of the following sections of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 :

(i) section 139 (providing a designated service using a false customer name or customer anonymity);

(ii) section 140 (receiving a designated service using a false customer name or customer anonymity);

(iii) section 141 (non-disclosure of other name by which customer is commonly known);

if:

(iv) the customer concerned had an account in relation to the provision of the designated service concerned; and

(v) transactions on the account total at least $ 50,000 in value during any 6 month period beginning after the commencement of Part 12 of that Act; or

(ec) an offence against either of the following sections of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 :

(i) section 142 (conducting transactions so as to avoid reporting requirements relating to threshold transactions);

(ii) section 143 (conducting transfers so as to avoid reporting requirements relating to cross-border movements of physical currency);

if transactions in breach of that section by the person committing the offence total at least $ 50,000 in value during any 6 month period; or

(ed) an offence against either of the following sections of the Trade Practices Act 1974 :

(i) section 44ZZRF (making a contract etc. containing a cartel provision);

(ii) section 44ZZRG (giving effect to a cartel provision); or

(f) a * terrorism offence; or

(g) an offence against section 11.1 , 11.2 , 11.2A , 11.4 or 11.5 of the Criminal Code or former section 5 , 7 , 7A or 86 of the Crimes Act 1914 (extensions of criminal responsibility) in relation to an offence referred to in this definition; or

(ga) an offence against section 195 , 196 or 197A that relates to an *examination of a person who is the subject of an *examination order under section 180 , if the person committing the offence:

(i) is covered by paragraph 180(1)(a) or (b) ; or

(ii) is or was a party to proceedings relating to the *restraining order mentioned in section 180 ; or

(gb) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 180A , if the person committing the offence:

(i) is covered by paragraph 180A(1)(a) ; or

(ii) is or was a party to proceedings relating to the relevant application mentioned in section 180A ; or

(gc) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 180B , if the person committing the offence:

(i) is covered by paragraph 180B(1)(a) ; or

(ii) is or was a party to proceedings relating to the relevant application mentioned in section 180B ; or

(gd) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 180C , if the person committing the offence:

(i) is covered by paragraph 180C(1)(a) ; or

(ii) is or was a party to proceedings relating to the application mentioned in section 180C ; or

(ge) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 180D , if the person committing the offence:

(i) is covered by paragraph 180D(1)(a) ; or

(ii) is or was a party to proceedings relating to the *confiscation order mentioned in section 180D ; or

(gf) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 180E , if the person committing the offence:

(i) is covered by paragraph 180E(1)(a) ; or

(ii) is or was a party to proceedings relating to the revocation mentioned in section 180E ; or

(gg) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 181 , if the person committing the offence:

(i) is covered by paragraph 181(1)(a) or (b) ; or

(ii) is or was a party to proceedings relating to the relevant application mentioned in section 181 ; or

(gh) an offence against section 195 , 196 or 197A that relates to an *examination of a person who is the subject of an *examination order under section 181A , if the person committing the offence:

(i) is covered by paragraph 181A(1)(a) , (b) or (c) ; or

(ii) is or was a party to proceedings relating to the application mentioned in section 181A ; or

(gi) an offence against section 195 , 196 or 197A that relates to an examination of a person who is the subject of an examination order under section 181B , if the person committing the offence:

(i) is covered by paragraph 181B(1)(a) or (b) ; or

(ii) is or was a party to proceedings relating to the application mentioned in section 181B ; or

(h) an indictable offence specified in the regulations.

special confiscation law
has the meaning given by subsection 14L(2) .

State indictable offence
means an offence against a law of a State or a * self-governing Territory that may be dealt with on indictment (even if it may also be dealt with as a summary offence in some circumstances).

State offence that has a federal aspect
has the same meaning as in the Crimes Act 1914 .

Note:

Section 3AA of the Crimes Act 1914 sets out when a State offence has a federal aspect.

stored value card
means a portable device that is capable of storing monetary value in a form other than physical currency, or as otherwise prescribed by the regulations.

strip search
means a search of a person or of articles in the possession of a person that may include:

(a) requiring the person to remove all of his or her garments; and

(b) an examination of the person ' s body (but not of the person ' s body cavities) and of those garments.

sufficient consideration
: an acquisition or disposal of property is for sufficient consideration if it is for a consideration that is sufficient and that reflects the value of the property, having regard solely to commercial considerations.

suspect
(Repealed by No 5 of 2011)

suspect
means:

(a) in relation to a *restraining order (other than a restraining order made under section 20A ) or a *confiscation order (other than an *unexplained wealth order) - the person who:

(i) has been convicted of; or

(ii) has been *charged with, or is proposed to be charged with; or

(iii) if the order is a restraining order - is suspected of having committed; or

(iv) if the order is a confiscation order - committed;

the offence or offences to which the order relates; or

(b) in relation to a restraining order made under section 20A or an unexplained wealth order - the person whose *total wealth is suspected of exceeding the value of *wealth that was *lawfully acquired.

suspended funds
(Repealed by No 4 of 2010)

tainted property
means:

(a) * proceeds of an * indictable offence, a *foreign indictable offence or an *indictable offence of Commonwealth concern; or

(b) an * instrument of an indictable offence.

Territory offence
means an offence against a law of a *self-governing Territory.

terrorism offence
has the same meaning as in the Crimes Act 1914 .

text reference 1
has the meaning given by subsection 14C(2) .

text reference 2
has the meaning given by subsection 14C(3) .

thing relevant to unexplained wealth proceedings
means a thing (including a thing in electronic form) as to which there are reasonable grounds for suspecting that it may be relevant for the purposes of initiating or conducting proceedings under section 20A or Part 2-6 .

totalisator agency board
means a board or authority established by or under a law of a State or Territory for purposes that include the purpose of operating a betting service.

total wealth
, of a person, has the meaning given by subsection 179G(2) .

unexplained wealth
:

(a) in relation to the *amendment reference of a State - has the meaning given by section 14D ; and

(b) otherwise - has its ordinary meaning.

unexplained wealth amount
, of a person, has the meaning given by subsection 179E(2) .

unexplained wealth legislation
of a State or *self-governing Territory means a law of the State or Territory that is prescribed by the regulations.

unexplained wealth machinery and transitional provisions
has the meaning given by subsection 14B(5) .

unexplained wealth order
means an order made under subsection 179E(1) that is in force.

unlawful activity
means an act or omission that constitutes:

(a) an offence against a law of the Commonwealth; or

(b) an offence against a law of a State or Territory; or

(c) an offence against a law of a foreign country.

wealth
, of a person, has the meaning given by subsection 179G(1) .

working day
means a day that is not a Saturday, Sunday, public holiday or bank holiday in the place concerned.