New South Wales Consolidated Acts

POLICE INTEGRITY COMMISSION ACT 1996 - SECT 4

4 Definitions

(1) In this Act:
"administrative officer" means any member of the NSW Police Force other than a police officer.
"administrative officer complaint" means a complaint made under section 75A.
"agency" means the NSW Police Force or any other authority of the State.
"approved former police officer" means a person designated as such under section 10 (7).
"Assistant Commissioner" means an Assistant Commissioner for the Police Integrity Commission.
"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"Commission" or "PIC" means the Police Integrity Commission constituted by this Act.
"Commissioner" or "PIC Commissioner" means the Commissioner for the Police Integrity Commission.
"corrupt conduct" of an administrative officer-see section 5A.
"criminal offence", in relation to any conduct, means a criminal offence under the law of the State or under any other law relevant to the conduct in question.
"disciplinary offence" includes any misconduct, irregularity, neglect of duty, breach of discipline or other matter that constitutes or may constitute grounds for disciplinary action under any law.
"disciplinary proceedings" means proceedings for a disciplinary offence.
"exercise" a function includes perform a duty.
"facsimile" means facsimile transmission, the Internet or other means of electronic transmission.
"former administrative officer" means any person who is not an administrative officer but who has been an administrative officer at any time previously (whether before or after the commencement of Schedule 1 [1] to the Police Integrity Commission Amendment Act 2006 ).
"former officer of the Commission" means any person who is not an officer of the Commission but who has been an officer of the Commission at any time previously (whether before or after the commencement of Schedule 1 [1] to the Police Integrity Commission Amendment Act 2006 ).
"former police officer" means a person who is not a police officer but who has been:

(a) a member of the Police Force of New South Wales at any time before the commencement of the Police Act 1990 other than a public servant, or

(b) a police officer at any time after the commencement of that Act.

"function" includes a power, authority or duty.
"hearing" means a hearing under this Act.
"ICAC Commissioner" means the Commissioner for the Independent Commission Against Corruption.
"Independent Commission Against Corruption" or "ICAC" means the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 .
"Inspector" means the Inspector of the Police Integrity Commission, appointed under this Act.
"investigate" includes examine.
"investigation" means an investigation under this Act and (without limitation) includes a preliminary investigation referred to in section 24.
"Joint Committee" -see section 94.
"Judge" means a Judge of a court of the State.
"officer of the Police Royal Commission" means any Australian legal practitioner appointed by the Crown to assist the Police Royal Commissioner or any other person employed, seconded or otherwise engaged to assist the Police Royal Commission.
"officer of the Commission" means the Commissioner, an Assistant Commissioner or another member of the staff of the Commission.
"officer of the Inspector" means the Inspector or a member of the staff of the Inspector.
"officer of the Ombudsman" includes an acting Ombudsman, Deputy Ombudsman or Assistant Ombudsman.
"police complaint" means a complaint to which Part 8A of the Police Act 1990 applies.
"police misconduct" -see section 5.
"police officer" means a member of the NSW Police Force holding a position which is designated under the Police Act 1990 as a position to be held by a police officer.
"Police Royal Commission" means a Royal Commission to which the Royal Commission (Police Service) Act 1994 applies.
"Police Royal Commissioner" means a Royal Commissioner referred to in the Royal Commission (Police Service) Act 1994 .
"premises" includes any structure, building, aircraft, vehicle, vessel or place (whether built on or not), or any part thereof.
"Presiding Officer" -see subsection (3).
"public authority" has the same meaning as in the Independent Commission Against Corruption Act 1988 .
"public official" has the same meaning as in the Independent Commission Against Corruption Act 1988 , and includes a former public official.
"seconded police officer" means a person referred to in section 10 (4) (b).
"search warrant" means a search warrant issued under this Act.
"special legal qualifications" -see subsection (2).
"staff of the Commission" -see section 10.
"task force" includes a body of persons that is similar to a task force, however the body is described.

(2) Special legal qualifications (cf ICAC Act Sch 1 cl 1)
A reference in this Act to a person who has special legal qualifications is a reference to a person who:

(a) is or is qualified to be appointed as 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) is a former judge of any court of the State or elsewhere in Australia or a former Justice of the High Court.

(3) Presiding Officers (cf ICAC Act s 79)
A reference in this Act to a Presiding Officer is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly, and:

(a) if there is a vacancy in the office of President, the reference to the President is a reference to the Clerk of the Legislative Council, or

(b) if there is a vacancy in the office of Speaker, the reference to the Speaker is a reference to the Clerk of the Legislative Assembly.

(4) Notes Notes in the text of this Act do not form part of the Act.