(a) the chief
executive officer or other principal officer of the agency, or
(b) a person
who is specified by the regulations as the head of a particular agency for the
purposes of this definition.
"investigation" means an investigation or reinvestigation conducted by the
Commission under this Act and includes any inquiry into matters connected
with, or arising out of, the exercise of the Commission's functions.
"investigative agency" means the following--
(a) the Ombudsman's Office,
(b)
the Independent Commission Against Corruption,
(c) the Inspector of the
Independent Commission Against Corruption and any staff of the Inspector,
(b)
a Police Force of another State or a Territory of the Commonwealth,
(c) the
Australian Federal Police,
(d) any other authority or person responsible for
the enforcement of the laws of the Commonwealth or of the State, another State
or a Territory of the Commonwealth.
"Management Committee" or
"Committee" means the New South Wales Crime CommissionManagement Committee
constituted by this Act.
"member of a government agency" includes an officer or employee of, or any
person otherwise engaged by or acting for or on behalf of, or in place of, or
as deputy or delegate of, a government agency.
"member of an investigative agency" includes an officer or employee of, or any
person otherwise engaged by or acting for or on behalf of, an
investigative agency.
(a) the Director of Public Prosecutions or a delegate of
the Director of Public Prosecutions, or
(b) a police officer, or
(c) any
other person acting in a public official capacity or a private capacity,
who
is responsible for the conduct of a prosecution, and includes a reference to
an Australian legal practitioner representing a person referred to in
paragraphs (a)-(c).
"relevant criminal activity" means any circumstances implying, or any
allegations, that a relevant offence may have been, or may be being, or may in
the future be, committed.
"serious crime concern" means any circumstances implying, or any allegations,
that relevant offences of a particular type or class are being, or are likely
to continue to be, committed in an organised, systemic or sustained way so
as--
(a) to have, or be likely to have, a significant impact on the community,
or
(b) to involve, or be likely to involve, substantial proceeds (within the
meaning of the Criminal Assets Recovery Act 1990 ) of illegal activity
(within the meaning of that Act).
(1A) For the purposes of this Act, a person who is
not physically present at a hearing or a part of a hearing before the
Commission is taken to be present at a hearing or a part of a hearing if
either--
(a) the person--
(i) views the hearing or part of the hearing, while
it is occurring, by observing it from a concealed position (such as behind a
glass partition), or by means of closed circuit television, or by any other
means, and
(ii) can hear or otherwise understand anything being said or
demonstrated while viewing the hearing or the part of the hearing, or
(b) the
person hears or otherwise understands anything being said or demonstrated
during the hearing or part of the hearing, while it is occurring, by means of
an electronic system or by any other means, without viewing it.
(1B) For the
purposes of this Act, a person is the subject of a
"current charge" for an offence if--
(a) the person has been charged with the
offence and the charge has not been withdrawn, and
(b) any proceedings for
the offence or any appeal against a court's decision on the offence are
pending or not concluded, and
(c) the time for making any appeal or further
appeal against a court's decision on the offence has not expired or the appeal
has not been withdrawn, and
(d) a court has not made an order having the
effect of granting a permanent stay of proceedings for the offence or any
order so made ceases to have that effect.
(2) A reference in this Act to a
person who has
"special legal qualifications" is a reference to a person who is--
(a)
qualified to be appointed as (but who is not) a Judge of the Supreme Court of
the State or of any other State or Territory, a Judge of the Federal Court of
Australia or a Justice of the High Court of Australia, or
(b) a former Judge
or Justice of any court referred to in paragraph (a).
