Commonwealth Numbered Acts

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 No. 85, 1987 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"ancillary offence" has the same meaning as in section 7 of the Proceeds of
Crime Act;

"approved form" means a form approved by the Attorney-General in writing for
the purposes of the provision in which the expression occurs;

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

"Australian forfeiture order" means:

   (a)  a forfeiture order within the meaning of the Proceeds of Crime Act;

   (b)  an interstate forfeiture order within the meaning of the Proceeds of
        Crime Act; or

   (c)  an order, made under Australian law, that:

        (i)    orders the forfeiture of property in respect of an offence
               against Australian law; and

        (ii)   is, in accordance with the regulations, to be taken to be an
               Australian forfeiture order for the purposes of this Act;

"Australian law" means the laws of the Commonwealth, the States and the
Territories;

"Australian pecuniary penalty order" means:

   (a)  a pecuniary penalty order within the meaning of the Proceeds of Crime
        Act;

   (b)  an interstate pecuniary penalty order within the meaning of the
        Proceeds of Crime Act; or

   (c)  an order, made under Australian law, that:

        (i)    imposes a pecuniary penalty on a person in respect of an
               offence against Australian law; and

        (ii)   is, in accordance with the regulations, to be taken to be an
               Australian pecuniary penalty order for the purposes of this
               Act;

"Australian restraining order" means:

   (a)  a restraining order within the meaning of the Proceeds of Crime Act
        (other than a restraining order made by virtue of section 59 of that
        Act);

   (b)  an interstate restraining order within the meaning of the Proceeds of
        Crime Act; or

   (c)  an order, made under Australian law, that:

        (i)    restrains a particular person, or all persons, from dealing
               with property; and

        (ii)   is, in accordance with the regulations, to be taken to be an
               Australian restraining order for the purposes of this Act;

"committal proceeding", in relation to a foreign offence, includes:

   (a)  any proceeding to determine whether a person should be tried for the
        offence (whether or not a particular person is specified at the
        commencement of that proceeding as the person in relation to whom the
        determination is to be made); and

   (b)  a proceeding that is, in accordance with the regulations, to be taken
        to be a committal proceeding for the purposes of this Act;

"criminal investigation" means an investigation into an offence (whether the
offence is believed to have been committed, to be being committed or to be
likely to be committed);

"criminal matter" includes:

   (a)  a criminal matter relating to revenue (including taxation and customs
        duties);

   (b)  a criminal matter relating to foreign exchange control;

   (c)  a matter relating to the forfeiture or confiscation of property in
        respect of an offence;

   (d)  a matter relating to the imposition or recovery of a pecuniary penalty
        in repect of an offence; and

   (e)  a matter relating to the restraining of dealings in property, or the
        freezing of assets, that may be forfeited or confiscated, or that may
        be needed to satisfy a pecuniary penalty imposed, in respect of an
        offence; whether arising under Australian law or a law of a foreign
        country;

"criminal proceeding", in relation to an offence, means a trial of a person
for the offence or a committal proceeding in respect of the offence;

"DPP" means the Director of Public Prosecutions;

"facsimile copy" means a copy obtained by facsimile transmission;

"federal prisoner" means a person who is being held in custody pending trial
for or sentence for, or is under a sentence of imprisonment for, an offence
against a law of the Commonwealth or of a Territory, but does not include a
person who is at large after having escaped from lawful custody;

"financial institution" has the same meaning as in the Proceeds of Crime Act;

"foreign forfeiture order" means an order, made under the law of a foreign
country, for the forfeiture of property in respect of an offence against the
law of that country;

"foreign pecuniary penalty order" means an order, made under the law of a
foreign country, imposing a pecuniary penalty in respect of an offence against
the law of that country, but does not include an order for the payment of a
sum of money by way of compensation, restitution or damages to an injured
person;

"foreign prisoner" means a person who is being held in custody pending trial
for or sentence for, or is under a sentence of imprisonment for, an offence
against a law of a foreign country, but does not include a person who is at
large after having escaped from lawful custody;

"foreign restraining order" means an order, made under the law of a foreign
country, restraining a particular person, or all persons, from dealing with
property, being an order made in respect of an offence against the law of that
country;

"foreign offence" means an offence against a law of a foreign country;

"foreign serious offence" means a serious offence against a law of a foreign
country;

"Governor", in relation to the Northern Territory, means the Administrator of
the Northern Territory;

"Magistrate" means:

   (a)  a Magistrate of a Territory; or

   (b)  a Magistrate of a State in respect of whom an arrangement under
        section 39 is in force;

"money laundering offence", in relation to the proceeds of a serious
narcotics offence, means an offence involving:

   (a)  the engaging, directly or indirectly, in a transaction that involves
        money, or other property, that is, within the meaning of the Proceeds
        of Crime Act, proceeds of the serious narcotics offence; or

   (b)  the receiving, possessing, concealing, disposing of or bringing into a
        country of money, or other property, that is, within the meaning of
        the Proceeds of Crime Act, proceeds of the serious narcotics offence;

"mutual assistance treaty" means a treaty relating in whole or in part to the
provision of assistance in criminal matters;

"offence" includes an offence against a law relating to taxation, customs
duties or other revenue matters or relating to foreign exchange control;

"offence under the ordinary criminal law of Australia" means an offence
against Australian law other than an offence under the military law of
Australia;

"police officer" means a member or special member of the Australian Federal
Police or a member of the police force of a State or Territory;

"premises" includes:

   (a)  a structure, building, aircraft, vehicle or vessel;

   (b)  a place (whether enclosed or built upon or not); and

   (c)  a part of premises (including premises of a kind referred to in
        paragraph (a) or (b));

"prison" includes a gaol, lock-up or other place of detention;

"proceeds" has the same meaning as in the Proceeds of Crime Act;

"Proceeds of Crime Act" means the Proceeds of Crime Act 1987;

"property" has the same meaning as in the Proceeds of Crime Act;

"property-tracking document" has the same meaning as in the Proceeds of  Crime
Act ;

"serious narcotics offence" has the same meaning as in section 7 of the
Proceeds of Crime Act;

"serious offence" means an offence the maximum penalty for which is death, or
imprisonment for not less than 12 months;

"State" includes the Northern Territory;

"State Minister", in relation to a State or the Northern Territory, means a
Minister of the Crown of the State or a Minister of the Northern Territory, as
the case may be;

"State prisoner" means a person who is being held in custody pending trial for
a sentence for, or under a sentence of imprisonment for, an offence against a
law of a State, but does not include a person who is at large after having
escaped from lawful custody;

"tainted property" has the same meaning as in the Proceeds of Crime Act;

"Territory" does not include the Northern Territory;

"treaty" includes a convention, protocol, agreement or arrangement;

"trial", in relation to a foreign offence, includes any proceeding to
determine whether a person should be convicted of the offence.

(2) For the purposes of this Act:

   (a)  a colony, territory or protectorate of a foreign country;

   (b)  a territory for the international relations of which a foreign country
        is responsible; and

   (c)  a ship or aircraft of, or registered in, a foreign country; shall,
        unless the contrary intention appears, be deemed to be part of that
        foreign country.

(3) Subsection (2) does not apply to a colony, territory or protectorate that
is itself a foreign country to which this Act applies.

(4) A reference in this Act to a law of a foreign country includes a reference
to a law of a part of, or a law in force in a part of, the foreign country.

(5) A reference in this Act to an Australian criminal offence is a reference
to an offence against a law of the Commonwealth or of a Territory.

(6) Without prejudice to its effect by virtue of subsection (5), this Act has
effect as if a reference in this Act to an Australian criminal offence
included a reference to an offence against a law of a State.