National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-3A - SEARCH WARRANTS  

Division 2 - Extra application of Crimes Act search warrant provisions  

Subdivision B - Modifications  

SECTION 272G   MINOR MODIFICATIONS  

272G(1)    
For the purposes of subsection 272B(1) , the applied provisions apply with the modifications set out in this section.

272G(2)    
To avoid doubt, those modifications have no effect other than for the purposes mentioned in subsection (1).

272G(3)    
In subsection 3C(1) of the Crimes Act 1914 , insert the following definitions:

ASIC
means the Australian Securities and Investments Commission.

ASIC senior staff member
means a senior staff member (within the meaning of the Australian Securities and Investments Commission Act 2001 ).

ASIC staff member
means a staff member (within the meaning of the Australian Securities and Investments Commission Act 2001 ).

responsible agency
, in relation to data or a thing, means:


(a) if the data, or a device containing the data, or the thing, is in the control of the Australian Federal Police - the Australian Federal Police; or


(b) if the data, or a device containing the data, or the thing, is in the control of ASIC - ASIC.

responsible Commissioner
, in relation to data or a thing, means:


(a) if the data, or a device containing the data, or the thing, is in the control of the Australian Federal Police - the Commissioner of the Australian Federal Police; or


(b) if the data, or a device containing the data, or the thing, is in the control of ASIC - the Chairperson of ASIC.


272G(4)    
In section 3E of the Crimes Act 1914 :


(a) omit the note to subsection (1) of that section; and


(b) omit the words " is a member or special member of the Australian Federal Police and " in subsection (4) of that section.

272G(5)    
In subsections 3L(1B) and 3LAA(3) and sections 3ZQX and 3ZQZB of the Crimes Act 1914 :


(a) treat the references to the Commissioner as being references to the responsible Commissioner; and


(b) treat the references to the Australian Federal Police as being references to the responsible agency.


 

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