South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act—
"ancillary offence" means an offence constituted by—
(a)
aiding, abetting, counselling or procuring the commission of an offence; or
(b)
being, by act or omission, in any way directly or indirectly knowingly
concerned in, or party to, the commission of an offence; or
(c)
receiving or assisting a person who is, to the offender's knowledge, guilty of
an offence, in order to enable the person to escape punishment or to dispose
of the proceeds of that offence; or
(d)
attempting or conspiring to commit an offence; or
(e)
inciting, urging, aiding or encouraging, or printing or publishing any writing
that incites, urges, aids or encourages, the commission of an offence or the
carrying on of any operations for or by the commission of an offence;
"the Authority" means the Police Complaints Authority;
"class 1 offence" means—
(a) a
murder or an offence of a kind equivalent to murder; or
(b) a
kidnapping, or an offence of a kind equivalent to kidnapping; or
(c) an
offence constituted by—
(i)
aiding, abetting, counselling or procuring the commission
of; or
(ii)
being, by act or omission, directly or indirectly,
knowingly concerned in, or party to, the commission of; or
(iii)
conspiring to commit,
an offence of a kind described in paragraph (a) or (b);
"class 2 offence" means—
(a) an
offence punishable by imprisonment for life or for a period, or maximum
period, of at least seven years, where the particular conduct constituting the
offence involved, involves, or would involve, as the case requires—
(i)
loss of a person's life or serious risk of loss of a
person's life; or
(ii)
serious personal injury or serious risk of serious
personal injury; or
(iii)
serious damage to property in circumstances endangering
the safety of a person; or
(iv)
trafficking in prescribed substances; or
(v)
serious fraud; or
(vi)
serious loss to the revenue of the State; or
(b) an
offence constituted by—
(i)
aiding, abetting, counselling or procuring the commission
of; or
(ii)
being, by act or omission, directly or indirectly
knowingly concerned in, or party to, the commission of; or
(iii)
conspiring to commit,
an offence of a kind described in paragraph (a);
"the Commissioner" means the Commissioner of Police in this State;
"the Commonwealth Act" means the Telecommunications (Interception)
Act 1979 of the Commonwealth;
"the Deputy Commissioner" means the Deputy Commissioner of Police in this
State;
"in the possession of", in relation to a record, includes in the custody of or
under the control of;
"lawfully obtained information" means information obtained (whether before or
after the commencement of section 6E of the Commonwealth Act)—
(a) by
intercepting, otherwise than in contravention of section 7(1) of the
Commonwealth Act, a communication passing over a telecommunications system; or
(b) by
virtue of a warrant issued under section 11 or 11A of the Commonwealth Act or
Part IV of that Act;
"officer of the State" means an employee of the Crown or the holder of public
or judicial office;
"original warrant" means a warrant issued otherwise than on a
renewal application;
"police force" means the police force of this State;
"premises" includes—
(a) any
land; and
(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;
"prescribed offence" means—
(a) a
serious offence;
(b) an
offence against section 7(1) or 63 of the Commonwealth Act;
(c) an
offence against sections 86, 87, 88, 94 or 94A of the Telecommunications
Act 1975 of the Commonwealth committed before the commencement of section
90 of the Telecommunications and Postal Services (Transitional Provisions and
Consequential Amendments) Act 1989 of the Commonwealth;
(ca) an
offence against a provision of Part VIIB of the Crimes Act 1914 of the
Commonwealth;
(d) any
other offence punishable by imprisonment for life or for a period, or maximum
period, of at least three years;
(e) an
ancillary offence in relation to an offence of a kind described in
paragraph (a), (b), (c) or (d);
"prescribed substance" means a substance that is a narcotic drug or
psychotropic substance for the purposes of the Crimes (Traffic in Narcotic
Drugs and Psychotropic Substances) Act 1990 of the Commonwealth;
"relevant proceeding" means—
(a) a
proceeding by way of a prosecution for a prescribed offence that is an offence
against the law of the State;
(b) a
proceeding under the law of the State for the confiscation or forfeiture of
property, or for the imposition of a pecuniary penalty, in connection with the
commission of a prescribed offence;
(c) a
proceeding for the taking of evidence pursuant to section 33A of the
Extradition (Commonwealth Countries) Act 1966 of the Commonwealth or
section 27A of the Extradition (Foreign States) Act 1966 of the
Commonwealth, to the extent that the proceeding relates to a
prescribed offence that is an offence against the law of the State;
(d) a
proceeding for the extradition of a person from New Zealand to Australia, or
from a State or Territory of the Commonwealth to this State, to the extent
that the proceeding relates to a prescribed offence that is an offence against
the law of the State;
(e) a
police disciplinary proceeding against a member of the police force;
(f) any
other proceeding (not being by way of prosecution for an offence), to the
extent that it relates to alleged misbehaviour or alleged improper conduct of
an officer of the State;
"relevant statistics", in relation to applications of a particular kind,
means—
(a) how
many applications of that kind were made; and
(b) how
many applications of that kind were withdrawn or refused; and
(c) how
many warrants were issued on applications of that kind;
"renewal application" means an application by the police force for a warrant
in respect of a telecommunications service, being an application made while a
warrant issued in respect of that service is still in force;
"restricted record" means a record obtained by means of an interception,
whether or not in contravention of section 7(1) of the Commonwealth Act, of a
communication passing over a telecommunications system;
"serious offence" means an offence that is or has been a class 1 offence or a
class 2 offence;
"warrant" means a warrant issued or to be issued to the police force under
Part VI of the Commonwealth Act.
(2) A reference to an
Act of the Commonwealth is a reference to that Act as amended from time to
time.
(3) Expressions not
defined in subsection (1) but defined in the Commonwealth Act have, in
this Act, the same meaning as in the Commonwealth Act.
Note—
For definition of divisional penalties (and divisional expiation fees) see
Appendix.