CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 3 Definitions

CRIMES (CONTROLLED OPERATIONS) ACT 2004 - SECT 3

In this Act—

S. 3 def. of Australian Crime Commission repealed by No. 39/2008 s. 3(2).

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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;

S. 3 def. of chief officer substituted by No. 39/2008 s. 3(1)(a), amended by No. 82/2012 s. 86(1)(a).

"chief officer" means—

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

        (b)     in relation to the IBAC—the Commissioner;

"civilian participant" in an authorised operation means a participant in the operation who is not a law enforcement officer;

S. 3 def. of Commiss-ioner inserted by No. 82/2012 s. 86(4).

"Commissioner" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;

"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 ;

S. 3 def. of Director inserted by No. 63/2004 s. 20(a) (as amended by No. 39/2008 s. 6(1)), amended by No. 34/2008 s. 143(Sch. 2 item 5.1(a)), repealed by No. 82/2012 s. 86(2).

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"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;

S. 3 def. of IBAC inserted by No. 82/2012 s. 86(4).

"IBAC" means the Independent Broad-based Anti-corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011 ;

"illicit goods" means goods the possession of which is a contravention of the law of this jurisdiction;

S. 3 def. of Inspector inserted by No. 82/2012 s. 86(4).

"Inspector" has the same meaning as it has in the Victorian Inspectorate Act 2011 ;

"jurisdiction" means a State or Territory of the Commonwealth;

S. 3 def. of

law enforcement agency substituted by No. 39/2008 s. 3(1)(b), amended by No. 82/2012 s. 86(1)(b).

"law enforcement agency" means the following agencies—

        (a)     Victoria Police;

        (b)     the IBAC;

S. 3 def. of

law enforcement officer substituted by No. 39/2008 s. 3(1)(c), amended by Nos 82/2012 s. 86(1)(c), 37/2014 s. 10(Sch. item 38.1(b)).

"law enforcement officer" means—

        (a)     in relation to Victoria Police—

              (i)     a police officer; 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 IBAC—an IBAC Officer who holds a position, or is a member of a class, that is prescribed for the purposes of this definition;

"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;

S. 3 def. of member repealed by No. 37/2014 s. 10(Sch. item 38.1(c)).

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S. 3 def. of Office of Police Integrity inserted by No. 63/2004 s. 20(a) (as amended by No. 39/2008 s. 6(1)), amended by No. 34/2008 s. 143(Sch. 2 item 5.1(b)), repealed by No. 82/2012 s. 86(2).

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"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;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 38.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3 def. of prescribed member of staff of the Office of Police Integrity inserted by No. 63/2004 s. 20(a) (as amended by No. 39/2008 s. 6(1)), repealed by No. 82/2012 s. 86(2).

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S. 3 def. of IBAC Officer inserted by No. 82/2012 s. 86(4).

s. 3

"prescribed IBAC Officer" means a sworn IBAC Officer within the meaning of section 3(1) of the Independent Broad-based Anti-corruption Commission Act 2011 who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;

"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;

S. 3 def. of relevant Ombudsman repealed by No. 63/2004 s. 20(f).

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S. 3 def. of Special Investigations Monitor inserted by No. 63/2004 s. 20(a) (as amended by No. 39/2008 s. 6(1)), repealed by No. 82/2012 s. 86(2).

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"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);

S. 3 def. of Victoria Police amended by No. 82/2012 s. 86(3), substituted by No. 37/2014 s. 10(Sch. item 38.1(d)).

"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;

S. 3 def. of Victorian Inspectorate inserted by No. 82/2012 s. 86(4).

"Victorian Inspectorate" has the same meaning as it has in the Victorian Inspectorate Act 2011 .