Crimes Act 1914

Complete Act https://www.legislation.gov.au/Details/C2023C00279

Division 2Search warrants

3H  Details of warrant to be given to occupier etc.

             (1)  If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or a constable assisting must make available to that person a copy of the warrant.

             (2)  If a warrant in relation to a person is being executed, the executing officer or a constable assisting must make available to that person a copy of the warrant.

             (3)  If a person is searched under a warrant in relation to premises, the executing officer or a constable assisting must show the person a copy of the warrant.

             (4)  The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.

             (5)  The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.

 

Division 3APowers in relation to terrorist acts and terrorism offences

Subdivision ADefinitions

3UA  Definitions

                   In this Division:

Commonwealth place means a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970.


Commonwealth Places (Application of Laws) Act 1970.
Commonwealth place
means a place (not being the seat of government) with respect to which the Parliament, by virtue of section 52 of the Constitution, has, subject to the Constitution, exclusive power to make laws for the peace, order, and good government of the Commonwealth.



Commonwealth of Australia Constitution

Chapter I
The Parliament

1 Legislative power.

The legislative power of the Commonwealth shall be vested in a Federal Parliament, which shall consist of the Queen, a Senate, and a House of Representatives, and which is herein-after called “The Parliament,” or “The Parliament of the Commonwealth.”


52 Exclusive powers of the Parliament.

The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to—

(i) The seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes :

(ii) Matters relating to any department of the public service the control of which is by this Constitution transferred to the Executive Government of the Commonwealth :

(iii) Other matters declared by this Constitution to be within the exclusive power of the Parliament.


Western Australia Interpretation Act 1984
5.Terms used in written laws
Her Majesty, His Majesty, Queen, King, or Crown means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign;


Public Governance, Performance and Accountability Act 2013

https://www.legislation.gov.au/Details/C2017C00269

11  Types of Commonwealth entities

There are 2 types of Commonwealth entities:

(a)  a corporate Commonwealth entity, which is a Commonwealth entity that is a body corporate; and

(b)  a non‑corporate Commonwealth entity, which is a Commonwealth entity that is not a body corporate.

Note: Corporate Commonwealth entities are legally separate from the Commonwealth, whereas  non‑corporate Commonwealth entities are part of the Commonwealth.


Fixed-Meaning Canon.

Words must be given the meaning they had when the text was adopted.
Antonin Scalia and Bryan A. Garner

That is, at the time the Commonwealth of Australia Constitution was enacted, “Commonwealth” and “Commonwealth entity” or “Parliament of the Commonwealth” meant the non-corporate Commonwealth of the People under a Monarch, and a “Commonwealth” entity/Government/agent was one pursuant to our Constitution, not the Corporations Act 2001 or other Acts that regulate corporations. The “Queen” means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign. The “Queen” can not be a legal instrument with no heirs and successors (ie Australia Act 1986 “Queen”)

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