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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 3
Definitions
3 Definitions
(1) In this Act--
"Assistant Commissioner" means an Assistant Commissioner of the Commission
appointed under section 6A.
"Assistant Inspector" means an Assistant Inspector of the Independent
Commission Against Corruption, appointed under this Act.
"authorised officer" has the same meaning as it has in the Law Enforcement
(Powers and Responsibilities) Act 2002 .
"Chief Commissioner" means the Chief Commissioner of the Commission appointed
under section 5.
"Chief Executive Officer" means the Chief Executive Officer of the Commission
appointed under section 104.
"Commission" means the Independent Commission Against Corruption constituted
by this Act.
"Commissioner" means the Chief Commissioner or other Commissioner of the
Commission appointed under section 5.
"compulsory examination" means a compulsory examination under this Act.
"conduct" includes neglect, failure and inaction.
"corrupt conduct" has the meaning given by Part 3.
"Inspector" means the Inspector of the Independent Commission Against
Corruption, appointed under this Act.
"investigate" includes examine.
"investigation" means an investigation under this Act, and (without
limitation) includes a preliminary investigation referred to in section 20A.
"Joint Committee" means the joint committee called the Committee on the
Independent Commission Against Corruption, constituted under this Act.
"local government authority" means a council, a county council or a joint
organisation within the meaning of the Local Government Act 1993 or any
person or body exercising all or any of the functions of such a council,
county council or joint organisation.
"medical practitioner" has the same meaning as in the Health Practitioner
Regulation National Law (NSW) .
"member of staff of the Commission" means-- (a) a member of staff appointed by
the Chief Commissioner under section 104, or
(b) a person whose services are
made use of under section 104A or who performs services for the Commission
under that section.
"officer of the Commission" means-- (a) a Commissioner, or
(b) an
Assistant Commissioner, or
(c) a member of staff of the Commission, or
(d) a
person engaged by the Commission under section 104B to provide the Commission
with services, information or advice.
"officer of the Inspector" means the Inspector or a member of staff of the
Inspector.
"premises" includes any structure, building, aircraft, vehicle, vessel and
place (whether built on or not), and any part thereof.
"psychologist" has the same meaning as in the Health Practitioner Regulation
National Law (NSW) .
"public authority" includes the following-- (a) a Public Service agency or any
other government sector agency within the meaning of the Government Sector
Employment Act 2013 ,
(b) a statutory body representing the Crown,
(d) an
auditable entity within the meaning of the Government Sector Audit Act 1983 ,
(e) a local government authority,
(f) the NSW Police Force,
(g) a body, or
the holder of an office, declared by the regulations to be a body or office
within this definition.
"public inquiry" means a public inquiry under this Act.
"public official" means an individual having public official functions or
acting in a public official capacity, and includes any of the following-- (a)
the Governor (whether or not acting with the advice of the Executive Council),
(b) a person appointed to an office by the Governor,
(c) a Minister of the
Crown, a member of the Executive Council or a Parliamentary Secretary,
(d) a
member of the Legislative Council or of the Legislative Assembly,
(e) a
person employed by the President of the Legislative Council or the Speaker of
the Legislative Assembly or both,
(e1) a person employed under the
Members of Parliament Staff Act 2013 ,
(f) a judge, a magistrate or the
holder of any other judicial office (whether exercising judicial, ministerial
or other functions),
(g) a person employed in a Public Service agency or any
other government sector agency within the meaning of the
Government Sector Employment Act 2013 ,
(h) an individual who constitutes or
is a member of a public authority,
(i) a person in the service of the Crown
or of a public authority,
(j) an individual entitled to be reimbursed
expenses, from a fund of which an account mentioned in paragraph (d) of the
definition of
"public authority" is kept, of attending meetings or carrying out the business
of any body constituted by an Act,
(k) a member of the NSW Police Force,
(k1) an accreditation authority or a registered certifier within the meaning
of the Building and Development Certifiers Act 2018 ,
(k2) an auditor within
the meaning of the Water Industry Competition Act 2006 ,
(l) the holder of
an office declared by the regulations to be an office within this definition,
(m) an employee of or any person otherwise engaged by or acting for or on
behalf of, or in the place of, or as deputy or delegate of, a public authority
or any person or body described in any of the foregoing paragraphs.
"search warrant" means a search warrant issued under this Act.
"task force" includes a body of persons that is similar to a task force,
however the body is described. Note--: The Interpretation Act 1987 contains
definitions and other provisions that affect the interpretation and
application of this Act.
(2) 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.
(3) Notes included in this Act do not form
part of this Act.
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