CRIMES (CONTROLLED OPERATIONS) ACT 2008 - NOTES
CRIMES (CONTROLLED OPERATIONS) ACT 2008 - NOTES
Dictionary
(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• chief police officer
• function
• integrity commission
• integrity commissioner
• Legislative Assembly
• ombudsman
• territory law
• the Territory.
"Australian Crime Commission" means the Australian Crime Commission established by the Australian Crime Commission Act 2002
(Cwlth).
"authorised operation "means a controlled operation for which an authority is in force.
"authority "means an authority in force under part 2 (Authorisation of controlled operations).
"chief officer" means––
(a) in relation to the Australian Federal Police––the chief police officer; and
(b) in relation to the Australian Crime Commission––means the chief executive officer of the Australian Crime Commission; and
(c) in relation to the integrity commission––the integrity commissioner.
"civilian participant", in an authorised operation, means a participant in the operation who is not a law enforcement officer.
"conduct" includes an act or omission.
"controlled conduct" means conduct for which a person would, apart from section 18 (Protection from criminal responsibility for controlled conduct during authorised operation) or section 25 (Mutual recognition of corresponding authority), be criminally responsible.
"controlled operation" means an operation that—
(a) is conducted, or intended to be conducted, for the purpose of obtaining evidence that may—
(i) lead to the prosecution of a person for a relevant offence; or
(ii) be used in an investigation under the Integrity Commission Act 2018
; and
(b) involves, or may involve, controlled conduct.
"corresponding authorised operation" means any operation in the nature of a controlled operation that is authorised by or under the provisions of a corresponding law.
"corresponding authority" means an authority authorising a controlled operation (within the meaning of a corresponding law) that is in force under a corresponding law.
"corresponding law" means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by regulation to correspond to this Act.
"corresponding participant" means a person who is authorised by a corresponding authority to participate in a corresponding authorised operation.
"corrupt conduct"—see the Integrity Commission Act 2018
, dictionary.
"criminal activity" means conduct that involves the commission of an offence by 1 or more people.
"illicit goods" means goods the possession of which is a contravention of the law of the ACT.
"investigator"—see the Integrity Commission Act 2018
, dictionary.
"jurisdiction" means a State or Territory of the Commonwealth.
"law enforcement agency" means—
(a) the Australian Federal Police; or
(b) the Australian Crime Commission; or
(c) the integrity commission.
"law enforcement officer"—
(a) means—
(i) for the Australian Federal Police—a police officer; or
(ii) for the Australian Crime Commission—a member of staff of the Australian Crime Commission; or
(iii) for the integrity commission—an investigator; and
(b) includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service, and a police officer (however described), of another jurisdiction.
"law enforcement participant", in an authorised operation, means a participant in the operation who is a law enforcement officer.
"participant", in an authorised operation, means a person who is authorised under this Act to engage in controlled conduct for the purposes of the operation.
"participating jurisdiction" means a jurisdiction in which a corresponding law is in force.
"principal law enforcement officer", for an authorised operation, means the law enforcement officer who is responsible for the conduct of the operation.
"relevant offence" means—
(a) an offence against an ACT law punishable by imprisonment of 3 years or more; or
(b) an offence against an ACT law that is prescribed by regulation.
"standard amendment application"—see section 13.
"standard amendment of authority"—see section 13.
"standard application"—see section 9.
"standard authority"—see section 11.
"suspect" means a person reasonably suspected of—
(a) having committed or being likely to have committed, or of committing or being likely to commit, a relevant offence; or
(b) having engaged in or being likely to have engaged in, or of engaging in or being likely to engage in, corrupt conduct.
"urgent amendment application"—see section 13.
"urgent amendment of authority"—see section 13.
"urgent application"—see section 9.
"urgent authority"—see section 11.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
A = Act |
NI = Notifiable instrument |
AF = Approved form |
o = order |
am = amended |
om = omitted/repealed |
amdt = amendment |
ord = ordinance |
AR = Assembly resolution |
orig = original |
ch = chapter |
par = paragraph/subparagraph |
CN = Commencement notice |
pres = present |
def = definition |
prev = previous |
DI = Disallowable instrument |
(prev...) = previously |
dict = dictionary |
pt = part |
disallowed = disallowed by the Legislative |
r = rule/subrule |
Assembly |
reloc = relocated |
div = division |
renum = renumbered |
exp = expires/expired |
R[X] = Republication No |
Gaz = gazette |
RI = reissue |
hdg = heading |
s = section/subsection |
IA = Interpretation Act 1967 |
sch = schedule |
ins = inserted/added |
sdiv = subdivision |
LA = Legislation Act 2001 |
SL = Subordinate law |
LR = legislation register |
sub = substituted |
underlining = whole or part not commenced |
|
mod = modified/modification |
or to be expired |