"data surveillance device" means any device or program capable of being used
to record or monitor the input of information into or output of information
from a computer, but does not include an optical surveillance device.
"device" includes instrument, apparatus and equipment.
"disciplinary proceeding" means a proceeding of a disciplinary nature under a
law of any jurisdiction or of the Commonwealth.
"emergency authorisation" means an emergency authorisation given under
Division 4 of Part 3.
"enhancement equipment" , in relation to a surveillance device, means
equipment capable of enhancing a signal, image or other information obtained
by use of the surveillance device.
(e) in
relation to an agency prescribed for the purposes of paragraph (e) of the
definition of
"law enforcement agency" --any person prescribed by the regulations as a
law enforcement officer in respect of that agency for the purposes of this
definition,
and includes a person who is seconded to a law enforcement agency,
including (but not limited to) a member of the police force or police service
or a police officer (however described) of another jurisdiction.
"listening device" means any device capable of being used to overhear, record,
monitor or listen to a conversation or words spoken to or by any person in
conversation, but does not include a hearing aid or similar device used by a
person with impaired hearing to overcome the impairment and permit that person
to hear only sounds ordinarily audible to the human ear.
"optical surveillance device" means any device capable of being used to record
visually or observe an activity, but does not include spectacles, contact
lenses or a similar device used by a person with impaired sight to overcome
that impairment.
(a) to an activity--means a person who takes part in the activity,
and
(b) to a private conversation--means a person by or to whom words are
spoken in the due course of the conversation or a person who, with the
consent, express or implied, of any of the persons by or to whom words are
spoken in the course of the conversation, records, monitors or listens to
those words.
"principal party" , in relation to a private conversation, means a person by
or to whom words are spoken in the course of the conversation.
"private conversation" means any words spoken by one person to another person
or to other persons in circumstances that may reasonably be taken to indicate
that any of those persons desires the words to be listened to only--
(a) by
themselves, or
(b) by themselves and by some other person who has the
consent, express or implied, of all of those persons to do so,
but does not
include a conversation made in any circumstances in which the parties to it
ought reasonably to expect that it might be overheard by someone else.
"protected information" has the meaning given to it by section 39.
(b) a proceeding for the confiscation, forfeiture or
restraint of property or for the imposition of a pecuniary penalty in
connection with a relevant offence,
(c) a proceeding for the protection of a
child or intellectually impaired person,
(f) a coronial inquest or inquiry if, in the opinion of the
coroner, the event that is the subject of the inquest or inquiry may have
resulted from the commission of a relevant offence,
(g) a proceeding under
section 13 of the Mutual Assistance in Criminal Matters Act 1987 of the
Commonwealth in relation to a criminal matter that concerns an offence against
the laws of the foreign country that made the request resulting in the
proceeding, being an offence that may be prosecuted on indictment,
(k) a
proceeding of the International Criminal Court,
(l) a compulsory examination
or public inquiry before the Independent Commission Against Corruption or an
inquiry before the Inspector of the Independent Commission Against Corruption,
(m) a public or private examination before an examining Commissioner (within
the meaning of the Law Enforcement Conduct Commission Act 2016 ) or an
inquiry before the Inspector of the Law Enforcement Conduct Commission,
(n) a
hearing before the New South Wales Crime Commission,
(v) a proceeding before the
Civil and Administrative Tribunal in respect of an application for
administrative review under section 75(1)(a) or (f) of the Firearms Act 1996
.
"remote application" for a warrant means an application referred to in
section 18 or 26.
"report" of a conversation or activity includes a report of the substance,
meaning or purport of the conversation or activity.
"retrieval warrant" means a warrant issued under Division 3 of Part 3.
"senior officer" means the following--
(a) in relation to the NSW Police
Force--
(i) the Commissioner of Police, or
(ii) any Deputy Commissioner of
Police, or
(iii) any Assistant Commissioner of Police, or
(iv) any
Superintendent of Police,
(b) in relation to the New South Wales Crime
Commission--the Commissioner for the New South Wales Crime Commission,
(c) in
relation to the Independent Commission Against Corruption--the Chief
Commissioner or any other Commissioner of the Independent Commission Against
Corruption,
(d) in relation to the Law Enforcement Conduct Commission--the
Chief Commissioner of the Law Enforcement Conduct Commission,
(e) in relation
to any other agency prescribed by the regulations for the purposes of the
definition of
"law enforcement agency" --any officer prescribed by the regulations for the
purposes of this definition for that agency.
"serious narcotics offence" means an offence under Division 2 of Part 2 of the
Drug Misuse and Trafficking Act 1985 but does not include an offence that is
declared by the regulations not to be a serious narcotics offence for the
purposes of this Act.
Note : Subsection (2) is
intended to cover the situation where an officer of this jurisdiction is
conducting or participating in an investigation wholly in another jurisdiction
for the purposes of an offence against a law of this jurisdiction (eg a NSW
officer is investigating a conspiracy to import drugs into NSW from Victoria,
and all the evidence of the offence is in Victoria).
(3) A thing is not
precluded from being a listening device within the meaning of this Act merely
because it is also capable of--
(a) recording or transmitting visual images
(for example a video camera), or