Victorian Consolidated Legislation

Telecommunications (Interception) (State Provisions) Act 1988 - SECT 3

Definitions

3. Definitions



(1) In this Act-

agency means-

   (a)  the Australian Federal Police; or

   (b)  the Australian Crime Commission; or

   (c)  the Police Force of Victoria; or

   (d)  the Police Force of another State or a Territory of the Commonwealth
        in relation to which a declaration under section 34 of the
        Commonwealth Act is in force;

   (e)  the Office of Police Integrity;

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communication includes conversation and a message, and any part of a
conversation or message, whether-

   (a)  in the form of-

   (i)  speech, music or other sounds; or

   (ii) data; or

   (iii) text; or

   (iv) visual images, whether or not animated; or

   (v)  signals; or

   (b)  in any other form or in any combination of forms; Director means the
        Director, Police Integrity under section 7 of the
        Police Integrity Act 2008;

inspecting officer means the Special Investigations Monitor or an employee in
the office of the Special Investigations Monitor;

in the possession of, in relation to a document, record or copy, includes in
the custody of or under the control of; member of staff of the Office of
Police Integrity has the same meaning as it has in the
Police Integrity Act 2008;







Minister means the Minister administering the Police Regulation Act 1958;
Office of Police Integrity means the Office of Police Integrity within the
meaning of the Police Integrity Act 2008;





Part VI warrant means a warrant issued or to be issued under Part VI of the
Commonwealth Act; permitted purpose means-

   (a)  in relation to the Police Force-

   (i)  an investigation by the Police Force of a prescribed offence within
        the meaning of the Commonwealth Act; or

   (ii) the making by an authority, body or person of a decision whether or
        not to begin a relevant proceeding in relation to the Police Force; or

   (iii) a relevant proceeding in relation to the Police Force; or

   (iv) the exercise by the Chief Commissioner of Police of the powers
        conferred by section 68 of the Commonwealth Act; or

   (v)  the keeping of records by the Police Force under sections 5, 6 and 9;
        or

   (vi) an inspection of the records of the Police Force made under section
        11; or

   (vii) a report on such an inspection; or

   (viii) an investigation of, or an inquiry into, alleged misbehaviour, or
        alleged improper conduct, of an officer of the State of Victoria,
        being an investigation or inquiry under a law of this State or by a
        person in the person's capacity as an officer of this State; or

   (ix) a report on such an investigation or inquiry; or

   (x)  the making by a person of a decision in relation to the appointment,
        re-appointment, term of appointment, retirement or termination of
        appointment of an officer or member of staff of the Police Force; or

   (xi) a review (whether by way of appeal or otherwise) of a decision
        referred to in subparagraph (x); or



   (xii) the tendering to the Governor in Council of advice to terminate,
        because of misbehaviour or improper conduct, the appointment of an
        officer of this State; or

   (xiii) deliberations of the Governor in Council in connection with advice
        to terminate, because of misbehaviour or improper conduct, the
        appointment of an officer of this State;

   (b)  in relation to the Office of Police Integrity-

   (i)  an investigation by the Director under the Police Integrity Act 2008
        into the conduct of a member of the force; or

   (ii) an investigation by the Director under the Police Integrity Act 2008
        or under the Whistleblowers Protection Act 2001 into serious
        misconduct; or

   (iii) a report on an investigation under subparagraph (i) or (ii); or

   (iv) an investigation by the Office of Police Integrity of a prescribed
        offence within the meaning of the Commonwealth Act; or

   (v)  the making by an authority, body or person of a decision whether or
        not to begin a relevant proceeding in relation to the Office of Police
        Integrity; or

   (vi) a relevant proceeding in relation to the Office of Police Integrity;
        or

   (vii) the exercise by the Director of the powers conferred by section 68 of
        the Commonwealth Act; or

   (viii) the keeping of records by the Office of Police Integrity under
        sections 9A, 9B and 9E; or

   (ix) an inspection of the records of the Office of Police Integrity made
        under section 14; or

   (x)  a report on such an inspection;

premises includes-

   (a)  any land; and

   (b)  any structure, building, aircraft, vehicle, vessel or place (whether
        built on or not); and

   (c)  any part of such a structure, building, aircraft, vehicle, vessel or
        place;

record means-

   (a)  in relation to information-a record or copy, whether in writing or
        otherwise, of the whole or a part of the information; or

   (b)  in relation to an interception, whether or not in contravention of
        section 7(1) of the Commonwealth Act, of a communication-

   (i)  a record or copy, whether in writing or otherwise, of the whole or a
        part of the communication, being a record or copy made by means of the
        interception; or

   (ii) a record or copy, whether in writing or otherwise, of the whole or a
        part of a record or copy that is, by virtue of any other application
        or applications of this definition, a record obtained by the
        interception;

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restricted record means a record obtained by an interception, whether or not
in contravention of section 7(1) of the Commonwealth Act, of a communication
passing over a telecommunications system; Special Investigations Monitor means
the Special Investigations Monitor appointed under the
Major Crime (Special Investigations Monitor) Act 2004;

the Commonwealth Act means the Telecommunications (Interception) Act 1979 of
the Commonwealth as amended and in force for the time being;

the Police Force means the Police Force of Victoria;

warrant means a warrant issued under the Commonwealth Act.

(2) Expressions used in this Act which are not elsewhere defined in this
section, have the same meanings as in the Commonwealth Act.

(3) In this Act-

   (a)  a reference to a function includes a reference to a power, authority
        and duty; and

   (b)  a reference to the exercise of a function includes, where the function
        is a duty, a reference to the performance of the duty.





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