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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28A Definitions

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 28A

Definitions

28A Definitions

In this Part:


"court staff" includes a judge's associate, a police officer or other officer providing Court security, a Court reporter and any other person ordinarily used by the Court for the conduct of proceedings.


"criminal intelligence application" means an application under Division 3 for a declaration that particular information is criminal intelligence.


"criminal intelligence monitor" means the criminal intelligence monitor designated under Division 2.


"declared criminal intelligence" means information declared by the Court under Division 3 to be criminal intelligence.


"external agency" means any of the following:

(a) the New South Wales Crime Commission,
(b) the Independent Commission Against Corruption,
(c) the Australian Federal Police,
(d) the Australian Crime Commission,
(e) a police force or service of another State or Territory,
(f) the Commissioner of Corrective Services, Department of Attorney General and Justice, or an officer of another State or Territory with functions substantially corresponding to the functions of the Commissioner,
(g) another entity established under a law of another jurisdiction, including a jurisdiction outside Australia, declared by the regulations to be an external agency for the purposes of this Part.

"identifying information" , about an informant, means any of the following information:
(a) name, including any aliases,
(b) date of birth,
(c) current location,
(d) where the informant resides,
(e) a position held by the informant in an organisation.

"informant" means any of the following:
(a) anyone who has given, to the NSW Police Force or to an external agency, information that the Commissioner reasonably believes is criminal intelligence, and who is not a police officer or an officer of an external agency,
(b) a police officer, or officer of an external agency, who has obtained information through the use of an assumed identity.

"informant affidavit" means an affidavit under section 28H or 28Q.


"officer" , of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.


"relevant agency" , in relation to information that is declared criminal intelligence or that is the subject of a criminal intelligence application, means:
(a) if the Commissioner obtained the information from an external agency--that agency, or
(b) otherwise--the NSW Police Force.

"substantive application" means an application under this Act other than a criminal intelligence application.