Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 3

Definitions

3. Definitions

In this Act-

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authorised operation means a controlled operation for which an authority is in
force; authority means an authority in force under Part 2, and includes any
variation of such an authority; chief officer means-

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

   (b)  in relation to the Office of Police Integrity-the Director; civilian
        participant in an authorised operation means a participant in the
        operation who is not a law enforcement officer; conduct includes any
        act or omission; controlled conduct-see section 7; controlled
        operation-see section 6; corresponding authorised operation means any
        operation in the nature of a cross-border controlled operation that is
        authorised by or under the provisions of a corresponding law;

corresponding authority means an authority authorising a cross-border
controlled operation (within the meaning of a corresponding law) that is in
force under the corresponding law; corresponding law means a law of another
jurisdiction that is declared by the regulations to correspond to this Act;
corresponding participant means a person who is authorised by a corresponding
authority to participate in a corresponding authorised operation; criminal
activity means conduct that involves the commission of an offence by one or
more persons; cross-border controlled operation-see section 9; Director means
the Director, Police Integrity under section 7 of the
Police Integrity Act 2008;

formal application-see section 12(2)(a); formal authority-see section
18(1)(a); formal variation application-see section 21(3)(a); formal variation
of authority-see section 23(1)(a); function includes a power, authority or
duty; illicit goods means goods the possession of which is a contravention of
the law of this jurisdiction; jurisdiction means a State or Territory of the
Commonwealth; law enforcement agency means the following agencies-

   (a)  Victoria Police;

   (b)  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 Office of Police Integrity-a prescribed member of
        staff of the Office of Police Integrity; law enforcement participant
        in an authorised operation means a participant in the operation who is
        a law enforcement officer; local major controlled operation-see
        section 10; local minor controlled operation-see section 11; member of
        Victoria Police, means a member of the force within the meaning of the
        Police Regulation Act 1958; Office of Police Integrity means the
        Office of Police Integrity within the meaning of the
        Police Integrity Act 2008;



participant in an authorised operation means a person who is authorised under
this Act to engage in controlled conduct for the purposes of the operation;
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 or member of the police force or police
        service (however described) of another jurisdiction, who is seconded
        to the Office of Police Integrity; principal law enforcement officer
        for an authorised operation means the law enforcement officer who is
        responsible for the conduct of the operation; relevant offence means-

   (a)  an offence against the law of this jurisdiction punishable by a
        maximum term of imprisonment of 3 years or more; or

   (b)  an offence against the law of this jurisdiction that is prescribed by
        the regulations;

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Special Investigations Monitor means the Special Investigations Monitor
appointed under the Major Crime (Special Investigations Monitor) Act 2004;

suspect means a person reasonably suspected of having committed or being
likely to have committed, or of committing or being likely to be committing,
an offence; this jurisdiction means Victoria; urgent application-see section
12(2)(b); urgent authority-see section 18(1)(b); urgent variation
application-see section 21(3)(b); urgent variation of authority-see section
23(1)(b); Victoria Police means the force within the meaning of the
Police Regulation Act 1958.