In this Part:

consultant means a person engaged under section 27A.

contravention, in relation to a law, includes an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence against that law.

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. evidential material means a document or other thing that may afford evidence relating to:

(a) a contravention of this Act; or

(b) a contravention of Part 20 of the Telecommunications Act 1997; or

(c) a contravention of Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(d) a contravention of section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Part.

executing officer, for a search warrant, means:

(a) the inspector named in the warrant as being responsible for executing the warrant; or

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

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

inspector means a person appointed as an inspector under section 154B.

occupier, in relation to premises, includes a person present at the premises who apparently represents the occupier.

officer assisting, for a search warrant, means:

(a) an inspector who is assisting in executing the warrant; or

(b) a person authorised under section 154K in relation to the warrant.

premises means:

(a) an area of land or any other place (whether or not it is enclosed or built on); or

(b) a building or other structure; or

(c) a vehicle, vessel or aircraft; or

(d) a part of any such premises.

search warrant means a warrant issued by a magistrate under section 154X or signed by a magistrate under section 154Y.

thing includes a thing in electronic or magnetic form.

Part XID, including s 154A, inserted by Trade Practices Legislation Amendment Act (No 1) 2006 (Act 131 of 2006)

Various definitions added by Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Act 59 of 2009)

Schedule 1

7 Section 154A

Insert:

contravention, in relation to a law, includes an offence against section 11.1, 11.4 or 11.5 of the Criminal Code that relates to an offence against that law.

8 Section 154A

Insert:

data includes:

(a) information in any form; or

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

9 Section 154A

Insert:

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.

10 Section 154A

Insert:

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

11 Section 154A (definition of evidential material)

Repeal the definition, substitute:

evidential material means a document or other thing that may afford evidence relating to:

(a) a contravention of this Act; or

(b) a contravention of Part 20 of the Telecommunications Act 1997; or

(c) a contravention of Part 9 of the Telecommunications (Consumer Protection and Service Standards) Act 1999; or

(d) a contravention of section 137.1, 137.2 or 149.1 of the Criminal Code that relates to this Part.

12 Section 154A (definition of executing officer)

Repeal the definition, substitute:

executing officer, for a search warrant, means:

(a) the inspector named in the warrant as being responsible for executing the warrant; or

(b) if that inspector does not intend to be present at the execution of the warrant—another inspector whose name has been written in the warrant by the inspector so named; or

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

Ian Wylie, 'When too much power is barely enough – section 155 of the Trade Practices Act 1974 and noblesse oblige' (2009) 16 Competition and Consumer Law Journal 314