New South Wales Consolidated Acts

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.
"eligible applicant", for a search warrant, means:

(a) any police officer, or

(b) if it is a covert search warrant-any person authorised to apply for such a warrant under section 46C, or

(c) if it is a criminal organisation search warrant-a police officer authorised to apply for such a warrant under section 46D.

"eligible issuing officer" means:

(a) for a warrant other than a covert search warrant or a criminal organisation search warrant-an authorised officer, or

(b) for a covert search warrant or a criminal organisation search warrant-an eligible Judge, or

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

"eligible Judge" -see section 46B.
"executing officer" means:

(a) for a warrant other than a covert search warrant-any police officer, or

(b) for a covert search warrant:

(i) any police officer, or

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

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

"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 .