New South Wales Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) (NEW SOUTH WALES) ACT 1987 - SECT 3

3 Definitions

(1) In this Act:
"agency" means:

(a) the Australian Federal Police,

(b) the Australian Crime Commission,

(c) the Police Force,

(d) the New South Wales Crime Commission,

(e) the Independent Commission Against Corruption,

(e1) the Police Integrity Commission,

(e2) the Police Royal Commission, or

(f) any authority of another State or a Territory in relation to which a declaration under section 34 of the Commonwealth Act is in force.

"certifying officer", in relation to an eligible authority, means:

(a) in the case of the Police Force-the Commissioner of Police or a Deputy Commissioner of Police, or

(b) in the case of the New South Wales Crime Commission:

(i) a member of that Commission, or

(ii) a member of the staff of that Commission who is authorised to be a certifying officer of the Commission under section 5AC (5) of the Commonwealth Act, or

(c) in the case of the Independent Commission Against Corruption-the Commissioner or an Assistant Commissioner of that Commission, or

(d) in the case of the Police Integrity Commission-the Commissioner or an Assistant Commissioner of that Commission, or

(e) in the case of the Police Royal Commission-the Police Royal Commissioner.

"chief officer", in relation to an eligible authority, means:

(a) in the case of the Police Force-the Commissioner of Police, or

(b) in the case of the New South Wales Crime Commission-the Chairperson of that Commission, or

(c) in the case of the Independent Commission Against Corruption-the Commissioner of that Commission, or

(d) in the case of the Police Integrity Commission-the Commissioner of that Commission,

(e) in the case of the Police Royal Commission-the Police Royal Commissioner.

"eligible authority" means:

(a) the Police Force, or

(b) the New South Wales Crime Commission, or

(c) the Independent Commission Against Corruption, or

(d) the Police Integrity Commission, or

(e) the Police Royal Commission, or

(f) the Inspector of the Independent Commission Against Corruption, or

(g) the Inspector of the Police Integrity Commission.

"inspecting officer" means:

(a) the Ombudsman,

(b) the Deputy Ombudsman holding office under the Ombudsman Act 1974 ,

(c) an Assistant Ombudsman holding office under the Ombudsman Act 1974 , or

(d) a special officer or officer of the Ombudsman, other than a member of the Police Force.

"in the possession of", in relation to a document, record or copy, includes in the custody of or under the control of.
"officer", in relation to an eligible authority, means:

(a) in the case of the Police Force-an officer of the Police Force, or

(b) in the case of the New South Wales Crime Commission-a member, or a member of the staff, of that Commission, or

(c) in the case of the Independent Commission Against Corruption-an officer (as defined by the Independent Commission Against Corruption Act 1988 ) of that Commission, or

(d) in the case of the Police Integrity Commission-an officer of the Commission (as defined in the Police Integrity Commission Act 1996 ), or

(e) in the case of the Police Royal Commission-an officer of the Police Royal Commission as defined in the Police Integrity Commission Act 1996 .

"Ombudsman" means the Ombudsman holding office under the Ombudsman Act 1974 .
"Part 2-5 warrant" means a warrant issued or to be issued under Part 2-5 of the Commonwealth Act.
"permitted purpose", in relation to an eligible authority, means:

(a) in any case:

(i) an investigation by the authority of a prescribed offence within the meaning of the Commonwealth Act, or

(ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the authority, or

(iii) a relevant proceeding in relation to the authority, or

(iv) the exercise by the chief officer of the authority of the powers conferred by section 68 of the Commonwealth Act, or

(v) an inspection of the authority’s records that is made under section 10, or

(vi) a report on such an inspection, or

(vii) the keeping of records by the authority under sections 4 and 5, or

(b) in the case of the Police Force:

(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of New South Wales, being an investigation or inquiry under a law of this State or by a person in the person’s capacity as an officer of this State, or

(ii) a report on such an investigation or inquiry, or

(iii) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of the Police Force, or

(iv) a review (whether by way of appeal or otherwise) of such a decision, or

(v) the tendering to the Governor of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State, or

(vi) deliberations of the Executive Council in connection with advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State, or

(c) in the case of the Independent Commission Against Corruption:

(i) an investigation under the Independent Commission Against Corruption Act 1988 into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur, or

(ii) a report on such an investigation, or

(d) in the case of the Inspector of the Independent Commission Against Corruption:

(i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act 1988 ) on the part of the Independent Commission Against Corruption or officers of that Commission, or

(ii) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act 1988 ) by the Independent Commission Against Corruption or officers of that Commission, or

(e) in the case of the Inspector of the Police Integrity Commission-dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Police Integrity Commission Act 1996 ) on the part of the Police Integrity Commission or officers of that Commission, or

(f) in the case of the Police Integrity Commission:

(i) an investigation under the Police Integrity Commission Act 1996 of police misconduct of an officer of the Police Force, or

(ii) a report on such an investigation, or

(iii) the tendering to the Governor of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of Police, or

(iv) deliberations of the Executive Council in connection with advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of Police.

"Police Royal Commission" and "Police Royal Commissioner" have the same meanings as in the Police Integrity Commission Act 1996 .
"premises" includes:

(a) any land,

(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not), and

(c) any part of such a structure, building, aircraft, vehicle, vessel or place.

"record" means:

(a) in relation to information-a record or copy, whether in writing or otherwise, of the whole or a part of the information,

(b) in relation to an interception, whether or not in contravention of section 7 (1) of the Commonwealth Act, of a communication:

(i) a record or copy, whether in writing or otherwise, of the whole or a part of the communication, being a record or copy made by means of the interception, or

(ii) a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception, or

(c) in relation to a warrant under section 11 or 11A of the Commonwealth Act or Part IV of that Act:

(i) the whole or a part of a copy of a telegram made under the warrant, or

(ii) a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by virtue of the warrant.

"restricted record" means:

(a) a record obtained by an interception, whether or not in contravention of section 7 (1) of the Commonwealth Act, of a communication passing over a telecommunications system, or

(b) a record obtained by virtue of a warrant under section 11 or 11A of the Commonwealth Act or Part IV of that Act.

"the Commonwealth Act" means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.
"the Police Force" means the New South Wales Police Force.
"warrant" means a warrant issued under the Commonwealth Act.

(2) Expressions used in this Act which are not elsewhere defined in this section, have the same meanings as in the Commonwealth Act.

(3) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.