Victorian Consolidated Legislation

Crimes (Assumed Identities) Act 2004 - SECT 3

Definitions

3. Definitions

In this Act- acquire an assumed identity, means acquire evidence of the
identity and includes taking steps towards acquiring evidence of the identity;
agency means-

   (a)  an issuing agency; or

   (b)  a law enforcement agency; Australian Crime Commission means Australian
        Crime Commission established by the
        Australian Crime Commission Act 2002 of the Commonwealth; authorised
        civilian means a person (other than a law enforcement officer) who is
        authorised under an authority to acquire or use an assumed identity;
        authorised officer means a law enforcement officer who is authorised
        under an authority to acquire or use an assumed identity; authorised
        person means-

   (a)  an authorised civilian; or

   (b)  an authorised officer; authority means an authority granted under
        section 5 to acquire and use an assumed identity, including the
        authority as varied under section 8; chief officer-

   (a)  of a law enforcement agency, means-

   (i)  in relation to Victoria Police-the Chief Commissioner of Police;

   (ii) in relation to the Australian Crime Commission-the Chief Executive
        Officer of the Australian Crime Commission;

   (iii) in relation to the Office of Police Integrity-the Director;

   (b)  of an issuing agency-means the chief executive officer (however
        described) of the agency; conduct includes any act or omission;
        corresponding authorised civilian means a person (other than a
        corresponding authorised officer) who is authorised, under a
        corresponding authority issued to a corresponding authorised officer,
        to acquire or use an assumed identity; corresponding authorised
        officer means an officer of a corresponding participating agency who
        is authorised under a corresponding authority to acquire or use an
        assumed identity;

corresponding authority means-

   (a)  an authority under a corresponding law to acquire or use an assumed
        identity in this jurisdiction; or

   (b)  an authority under a corresponding law to request the production of
        evidence of an assumed identity; corresponding chief officer of a
        corresponding participating agency, means the person who is the chief
        officer (within the meaning of the corresponding law) of the
        corresponding participating agency; corresponding law means a law of
        another jurisdiction that is declared by the regulations to correspond
        to this Act; corresponding participating agency means a body in a
        participating jurisdiction officers of which, under the corresponding
        law of that jurisdiction, may be granted a corresponding authority,
        other than a body that is declared by the regulations not to be a
        corresponding participating agency for that jurisdiction;
        corresponding supervisor of a corresponding authorised civilian, means
        a person who supervises or is to supervise the acquisition or use of
        an assumed identity by the corresponding authorised civilian; criminal
        activity means conduct that involves the commission of an offence by
        one or more persons; Director means the Director, Police Integrity
        under section 7 of the Police Integrity Act 2008;

doing a thing, includes failing to do the thing; evidence of identity, means a
document or other thing that evidences or indicates, or can be used to
evidence or indicate, a person's identity or any aspect of a person's
identity; government issuing agency, in relation to an authority, means any of
the following named in the authority that issues evidence of identity-

   (a)  a person or body (whether incorporated or not) that performs any
        function of the government of this jurisdiction; or

   (b)  a person or body (whether incorporated or not) prescribed by the
        regulations for the purposes of this definition; issuing agency means-

   (a)  a government issuing agency; or

   (b)  a non-government issuing agency; jurisdiction means the Commonwealth
        or a State or Territory of the Commonwealth; law enforcement agency
        means the following agencies-

   (a)  Victoria Police;

   (b)  the Australian Crime Commission;

   (c)  the Office of Police Integrity; law enforcement officer means-

   (a)  in relation to Victoria Police-

   (i)  a member of Victoria Police; or

   (ii) a person who is seconded to Victoria Police, including (but not
        limited to) a member of the police force or police service (however
        described) of another jurisdiction;

   (b)  in relation to the Australian Crime Commission-

   (i)  a member of staff of the Australian Crime Commission; or

   (ii) a person who is seconded to the Australian Crime Commission, including
        (but not limited to) a member of the police force or police service
        (however described) of another jurisdiction;

   (c)  in relation to the Office of Police Integrity-a prescribed member of
        staff of the Office of Police Integrity; member of Victoria Police,
        means a member of the force within the meaning of the
        Police Regulation Act 1958; non-government issuing agency, in relation
        to an authority, means a person, body or entity (other than a
        government issuing agency) named in the authority that issues evidence
        of identity; Office of Police Integrity means the Office of Police
        Integrity within the meaning of the Police Integrity Act 2008;



officer of an agency, includes a person employed or engaged in the agency;
participating jurisdiction means a jurisdiction in which a corresponding law
is in force; prescribed member of staff of the Office of Police Integrity
means-

   (a)  the Director; or

   (b)  an employee in the Office of Police Integrity who holds a position, or
        is a member of a class, that is prescribed by the regulations for the
        purposes of this definition; or

   (c)  a member of Victoria Police, member of staff of the Australian Crime
        Commission or member of the police force or police service (however
        described) of another jurisdiction, who is seconded to the Office of
        Police Integrity; supervisor of an authorised civilian-means the law
        enforcement officer who supervises or is to supervise the acquisition
        or use of an assumed identity by the authorised civilian; this
        jurisdiction means Victoria; use an assumed identity, includes
        representing (whether expressly or impliedly, or by saying or doing
        something) the identity to be real when it is not; Victoria Police
        means the force within the meaning of the Police Regulation Act 1958.
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