CUSTOMS ADMINISTRATION ACT 1985 (REPEALED)

SECTION 3  

3   INTERPRETATION  
In this Act, unless the contrary intention appears:

alcohol blood test
means a test of a person ' s blood to determine the amount of alcohol (if any) in the person ' s blood.

alcohol breath test
means a test of a person ' s breath to determine the amount of alcohol (if any) in the person ' s blood.

alcohol screening test
means a test of a person ' s breath to determine whether alcohol is present in the person ' s breath.

appoint
includes re-appoint;

authorised officer
, in relation to a particular provision of this Act, means an officer of Customs authorised under section 3B to exercise the powers or perform the functions of an authorised officer under that provision.

body sample
means any of the following:

(a) any human biological fluid;

(b) any human biological tissue (whether alive or otherwise);

(c) any human breath.

CEO
means the Chief Executive Officer of Customs;

CEO ' s Orders
means orders under section 4B .

Commissioner
(Repealed by No 139 of 2013)

Comptroller-General
(Omitted by No 85 of 1995)

corrupt conduct
: see engages in corrupt conduct .

Customs vessel
means a vessel used, or for use, for the purposes of the Australian Customs and Border Protection Service.

Customs worker
means:

(a) an officer of Customs; or

(b) a person who is:

(i) an employee of an Agency (within the meaning of the Public Service Act 1999 ); or

(ii) an officer or employee of a State or Territory; or

(iii) an officer or employee of an authority of the Commonwealth, a State or a Territory;

and whose services are made available to the Australian Customs and Border Protection Service; or

(c) a person who is:

(i) engaged as a consultant or contractor to perform services for the Australian Customs and Border Protection Service; and

(ii) specified in a determination made by the CEO under section 3C ; or

(d) a person who is:

(i) engaged or employed by a person to whom paragraph (c) or this paragraph applies; and

(ii) specified in a determination made by the CEO under section 3C .

engages in corrupt conduct
: a Customs worker engages in corrupt conduct if the Customs worker, while a Customs worker, engages in:

(a) conduct that:

(i) involves; or

(ii) is engaged in for the purpose (or for purposes including the purpose) of;

the Customs worker abusing his or her position as a Customs worker; or

(b) conduct that:

(i) perverts; or

(ii) is engaged in for the purpose (or for purposes including the purpose) of perverting;

the course of justice; or

(c) conduct that, having regard to the duties and powers of the Customs worker as a Customs worker:

(i) involves; or

(ii) is engaged in for the purpose (or for purposes including the purpose) of;

corruption of any other kind.

law of customs
means:

(a) this Act; or

(b) any other Act of which the CEO has the general administration; or

(c) if the CEO has the general administration of a particular provision or provisions only of an Act - that provision or those provisions; or

(d) if the CEO has the general administration of an Act, or of a particular provision or provisions of an Act, only in so far as that Act, or that provision or those provisions, relates or relate to a particular matter or matters - that Act, or that provision or those provisions, in so far as that Act, or that provision or those provisions, relates or relate to that matter or those matters; or

(e) any instrument (including rules, regulations, by-laws or determinations) under this Act, under an Act to which paragraph (b) applies, under a provision to which paragraph (c) applies or under an Act or provision referred to in paragraph (d) in so far as it relates to a matter so referred to.

law of customs or excise
(Omitted by No 25 of 2001)

officer of Customs
has the same meaning as in the Customs Act 1901 .

prohibited drug
means:

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

(b) any drug specified in a legislative instrument under section 16H .

prohibited drug test
means a test of a body sample of a person to determine the presence (if any) of a prohibited drug in the sample.

serious misconduct
, by a Customs worker, means:

(a) corruption, a serious abuse of power, or a serious dereliction of duty, by the Customs worker; or

(b) any other seriously reprehensible act or behaviour by the Customs worker, whether or not acting, or purporting to act, in the course of his or her duties as such a Customs worker.