FISHERIES ACT 1995 - SECT 131A Definitions

FISHERIES ACT 1995 - SECT 131A

In this Part—

"authorised operation" means a controlled operation for which an authority is in force;

"authority" means an authority in force under this Part, and includes any variation of such an authority;

"conduct" includes any act or omission;

"controlled conduct" means conduct which, but for section 131L, would constitute a relevant offence;

"controlled operation" means an operation that—

        (a)     is conducted, or intended to be conducted, for the purpose of obtaining evidence that may lead to the prosecution of a person for a relevant offence; and

        (b)     involves, or may involve, controlled conduct;

criminal activi ty means conduct that involves the commission of a relevant offence by one or more persons;

"illicit goods" means goods the possession, taking, receiving, buying, selling, consigning, storing or trafficking of which is a contravention of this Act;

S. 131A def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 65.24).

"law enforcement officer" means—

        (a)     an authorised officer; or

        (b)     a police officer;

"participant "in an authorised operation means a law enforcement officer who is authorised under an authority to engage in controlled conduct for the purposes of the operation;

"principal law enforcement officer" for a controlled operation means the law enforcement officer who is responsible for the conduct of the operation;

"relevant offence" means—

        (a)     an offence against section 36, 37, 40, 42, 44, 67, 68A, 68B, 76, 111, 111A to  111C, 114, 116, 119A or 119B; or

        (aa)     an associated offence in relation to any offence listed in paragraph (a); or

        (b)     an offence against the regulations;

S. 131A def. of Special Investigations Monitor repealed by No. 82/2012 s. 100(2).

    *     *     *     *     *

"suspect "means a person reasonably suspected of having committed or being likely to have committed, or of committing or being likely to be committing, a relevant offence;

S. 131A def. of Victorian Inspectorate inserted by No. 82/2012 s. 100(1), amended by No. 64/2013 s. 11(1).

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

S. 131B inserted by No. 16/2004 s. 49.