LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46 Interpretation

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46

46 Interpretation

(1) In this Part--


"adjoining occupier's notice" means a notice referred to in section 67B.


"digital evidence access order" means an order issued under Division 4A.


"eligible applicant" means--

(a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant--a person authorised under section 46C to apply for the covert search warrant, or

(b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant--a police officer authorised under section 46D to apply for the criminal organisation search warrant, or

(c) for a search warrant issued under Part 11, Division 1 for suspected drug premises or a digital evidence access order in connection with the search warrant--a police officer authorised under section 140 to apply for the search warrant, or

(c1) for a digital evidence access order in connection with a search warrant under the Criminal Assets Recovery Act 1990 , section 38 or 45--an authorised officer under the Criminal Assets Recovery Act 1990 , or

(d) for a digital evidence access order in connection with a search warrant under the Crime Commission Act 2012 , section 17(2)--an executive officer under that Act, or

(d1) for a digital evidence access order in connection with a search warrant under the Independent Commission Against Corruption Act 1988 , section 40(1)--an officer of the Commission under that Act, or

(d2) for a digital evidence access order in connection with a search warrant under the Law Enforcement Conduct Commission Act 2016 , section 79--an authorised person within the meaning of that section, or

(e) for any other search warrant or a digital evidence access order in connection with the search warrant--any police officer.

"eligible issuing officer" means--

(a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant--an eligible Judge, or

(b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant--an eligible Judge, or

(c) for a search warrant under the Crime Commission Act 2012 , section 17(2) or a digital evidence access order in connection with the search warrant--an authorised officer, or

(d) for any other search warrant or a digital evidence access order in connection with the search warrant--an authorised officer, or

(e) for a notice to produce issued under Division 3--an authorised officer.

"eligible Judge" --see section 46B.


"executing officer" means--

(a) for a covert search warrant or a digital evidence access order in connection with a covert search warrant--

(i) any police officer, or

(ii) any member of staff of the Law Enforcement Conduct Commission if the applicant for the warrant was authorised under section 46C(1)(b) to make the application, or

(iii) a member of staff of the New South Wales Crime Commission if the applicant for the warrant was authorised under section 46C(1)(c) to make the application, or

(b) for a search warrant under the Crime Commission Act 2012 , section 17(2) or a digital evidence access order in connection with the search warrant--an officer of the Commission under that Act, or

(c) for any other warrant or a digital evidence access order in connection with the warrant--any police officer.

"indictable offence" includes any act or omission which if done, or omitted to be done, in New South Wales would constitute an offence punishable on indictment.


"occupier's notice" means an occupier's notice referred to in section 67.


"organised criminal activity" --see section 46AA.


"searchable offence" --see section 46A.


"subject premises" , in relation to a warrant or an application for a warrant, means premises the subject of the warrant or the application (as the case may be).


"telephone crime scene warrant" means a crime scene warrant that is a telephone warrant.


"telephone warrant" means a warrant applied for by telephone as provided by section 61.

(2) A reference in this Part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or is to be, committed (as the case requires).

(3) For the purposes of this Part, a thing is connected with a particular offence if it is--

(a) a thing with respect to which the offence has been committed, or

(b) a thing that will provide evidence of the commission of the offence, or

(c) a thing that was used, or is intended to be used, in or in connection with the commission of the offence.

(4) Nothing in this Part applies to or in respect of, or affects the exercise of any power under, a covert search warrant issued under the Terrorism (Police Powers) Act 2002 .