Victorian Consolidated Legislation

Police Regulation Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-

agency photograph means a photograph of the face of a person, who has been
found guilty of an offence, that was taken by a law enforcement agency at the
time of an arrest of the person by the agency on suspicion of an offence, or
at the time the person was interviewed by the agency in respect of an offence,
or at the time another investigative procedure into the person was carried out
by the agency in respect of an offence;

Appeals Board means Police Appeals Board established by section 87;



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authorised media organisation means a media organisation authorised under
section 118W;

Director means the Director, Police Integrity under section 102A(2);

ESS Board means the Emergency Services Superannuation Board established under
the Emergency Services Superannuation Act 1986; former member of police
personnel means a person who has been a member of police personnel but is no
longer a member of police personnel;

insolvent under administration means-

   (a)  a person who is an undischarged bankrupt; or

   (b)  a person who has executed a deed of arrangement under Part X of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the terms of the
        deed have not been fully complied with; or

   (c)  a person whose creditors have accepted a composition under Part X of
        the Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if a final payment has
        not been made under that composition; or

   (d)  a person for whom a debt agreement has been made under Part IX of the
        Bankruptcy Act 1966 of the Commonwealth (or the corresponding
        provisions of the law of another jurisdiction) if the debt agreement
        has not ended or has not been terminated; journalism means the
        practice of collecting, preparing for dissemination or disseminating
        any of the following material for the purpose of making it available
        to the public-

   (a)  material having the character of news or current affairs;

   (b)  material consisting of commentary or opinion on or analysis of news or
        current affairs; law enforcement agency means-

   (a)  the force, or a member of an equivalent body in another State of the
        Commonwealth or the Northern Territory; or

   (b)  the Director; or

   (c)  the Australian Federal Police within the meaning of the
        Australian Federal Police Act 1979 of the Commonwealth; or

   (d)  the Australian Crime Commission within the meaning of the
        Australian Crime Commission Act 2002 of the Commonwealth; or

   (e)  the Chief Examiner and Examiners appointed under Part 3 of the
        Major Crime (Investigative Powers) Act 2004; or

   (f)  the Special Investigations Monitor; or

   (g)  the Police Integrity Commission constituted by the
        Police Integrity Commission Act 1996 of New South Wales; or

   (h)  the Independent Commission Against Corruption constituted by the
        Independent Commission Against Corruption Act 1988 of New South Wales;
        or

   (i)  the New South Wales Crime Commission constituted by the
        New South Wales Crime Commission Act 1985 of New South Wales; or

   (j)  the Crime and Misconduct Commission established under the Crime and
        Misconduct Act 2001 of Queensland; or

   (k)  the Corruption and Crime Commission established under the
        Corruption and Crime Commission Act 2003 of Western Australia; or

   (l)  the Australian Commission for Law Enforcement Integrity established
        under the Law Enforcement Integrity Commissioner Act 2006 of the
        Commonwealth; legal practitioner means an Australian lawyer within the
        meaning of the Legal Profession Act 2004;



media organisation means a person or body that engages in journalism;

member of police personnel means a person who is-

   (a)  the Chief Commissioner; or

   (b)  a Deputy Commissioner or Assistant Commissioner; or

   (c)  another member of the force; or

   (d)  an executive or employee employed under Part 3 of the
        Public Administration Act 2004 in the office of the Chief
        Commissioner; or

   (e)  a police reservist appointed under Part VI; or

   (f)  a protective services officer appointed under Part VIA; or

   (g)  a police recruit appointed under section 8A; member of staff of the
        Office of Police Integrity means-

   (a)  an employee in the Office of Police Integrity; or

   (b)  a person who is seconded to the Office of Police Integrity;

the force means officers and other members of the police force of Victoria
whether employed upon land or upon water;

member of the force shall apply to every person (whether male or female)
employed in the force; Office of Police Integrity means the Office of Police
Integrity established by section 102A(1);

Ombudsman means the Ombudsman appointed under section 3 of the
Ombudsman Act 1973;

Part means Part of this Act;





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police gaol has the same meaning as in the Corrections Act 1986;



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prison has the same meaning as in the Corrections Act 1986 but includes a
youth justice centre established under section 478 of the
Children, Youth and Families Act 2005;

Scheme means the Emergency Services Superannuation Scheme established under
the Emergency Services Superannuation Act 1986; Special Investigations Monitor
means the Special Investigations Monitor appointed under section 5 of the
Major Crime (Special Investigations Monitor) Act 2004;

spouse means in relation to a person-

   (a)  that person's husband, wife, widower or widow; or

   (b)  a person of the opposite sex who, though not legally married to the
        first mentioned person, in the opinion of the ESS Board lives or lived
        with the first mentioned person as at the relevant date (being, in the
        case of a deceased person, the date of death) on a bona fide domestic
        basis as the husband or wife of the first mentioned person.

(2) In this Act (other than in sections 59 and 62)-

   (a)  words importing the feminine gender include the masculine gender; and

   (b)  words importing the masculine gender include the feminine gender.

(3) Without limiting the generality of subsection (2), in this Act (other than
in sections 59 and 62) a reference to "his widow" is to be construed as a
reference to "his or her spouse" where the member of the force or pensioner is
deceased and other parts of speech and grammatical forms of "widow" are to be
construed as having a corresponding meaning.

(4) In this Act a reference to a person who has been found guilty of an
offence is a reference to a person-

   (a)  against whom a court has made a formal finding that he or she is
        guilty of the offence; or





   (b)  against whom a finding has been made under-

   (i)  section 17(1)(b) of the Crimes (Mental Impairment and Unfitness to be
        Tried) Act 1997 that he or she was not guilty of the offence because
        of mental impairment; or

   (ii) section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be
        Tried) Act 1997 that he or she committed the offence- or against whom
        a similar finding has been made under equivalent provisions of the
        laws of a jurisdiction other than Victoria- where-

   (c)  if there has been any appeal against the finding in the period within
        which the finding may be appealed against, the appeal is concluded and
        the finding has not been overturned on the appeal; or

   (d)  the finding has not been appealed against in the period within which
        the finding may be appealed against.

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