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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) (NEW SOUTH WALES) ACT 1987 - SECT 3

Definitions

3 Definitions

(1) In this Act:

"agency" means:
(a) the Australian Federal Police,
(b) the Australian Crime Commission,
(c) the Police Force,
(d) the New South Wales Crime Commission,
(e) the Independent Commission Against Corruption,
(e1) the Law Enforcement Conduct Commission, or
(f) any authority of another State or a Territory in relation to which a declaration under section 34 of the Commonwealth Act is in force.

"certifying officer" , in relation to an eligible authority, means:
(a) in the case of the Police Force:
(i) the Commissioner of Police, or
(ii) a Deputy Commissioner of Police, or
(iii) an officer whose rank is equivalent to that of Assistant Commissioner of the Australian Federal Police, or
(iv) an officer who is authorised to be a certifying officer of the Police Force under section 5AC (4) of the Commonwealth Act, or
(b) in the case of the New South Wales Crime Commission:
(i) an executive officer of that Commission, or
(ii) a member of the staff of that Commission who is authorised to be a certifying officer of the Commission under section 5AC (5) of the Commonwealth Act, or
(c) in the case of the Independent Commission Against Corruption:
(i) the Chief Commissioner or any other Commissioner of that Commission, or
(ii) an Assistant Commissioner of that Commission, or
(iii) an officer who is authorised to be a certifying officer of that Commission under section 5AC (9A) of the Commonwealth Act, or
(d) in the case of the Law Enforcement Conduct Commission:
(i) the Chief Commissioner of that Commission, or
(ii) the Commissioner for Integrity of that Commission, or
(iii) an officer who is authorised to be a certifying officer of that Commission under section 5AC (8) of the Commonwealth Act.

"chief officer" , in relation to an eligible authority, means:
(a) in the case of the Police Force--the Commissioner of Police, or
(b) in the case of the New South Wales Crime Commission--the Commissioner of that Commission, or
(c) in the case of the Independent Commission Against Corruption--the Chief Commissioner of that Commission, or
(d) in the case of the Law Enforcement Conduct Commission--the Chief Commissioner of that Commission.

"eligible authority" means:
(a) the Police Force, or
(b) the New South Wales Crime Commission, or
(c) the Independent Commission Against Corruption, or
(d) the Law Enforcement Conduct Commission, or
(f) the Inspector of the Independent Commission Against Corruption.

"inspecting officer" means the Inspector, or an Assistant Inspector, of the Law Enforcement Conduct Commission.

"in the possession of" , in relation to a document, record or copy, includes in the custody of or under the control of.

"officer" , in relation to an eligible authority, means:
(a) in the case of the Police Force--an officer of the Police Force, or
(b) in the case of the New South Wales Crime Commission--an executive officer, or a member of the staff, of that Commission, or
(c) in the case of the Independent Commission Against Corruption--an officer (as defined by the Independent Commission Against Corruption Act 1988 ) of that Commission, or
(d) in the case of the Law Enforcement Conduct Commission--an officer of the Commission (as defined in the Law Enforcement Conduct Commission Act 2016 ).

"Part 2-5 warrant" means a warrant issued or to be issued under Part 2-5 of the Commonwealth Act.

"permitted purpose" , in relation to an eligible authority, means:
(a) in any case:
(i) an investigation by the authority 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 authority, or
(iii) a relevant proceeding in relation to the authority, or
(iv) the exercise by the chief officer of the authority of the powers conferred by section 68 of the Commonwealth Act, or
(v) an inspection of the authority's records that is made under section 10, or
(vi) a report on such an inspection, or
(vii) the keeping of records by the authority under sections 4 and 5, or
(b) in the case of the Police Force:
(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the State of New South Wales, 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
(ii) a report on such an investigation or inquiry, or
(iii) 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
(iv) a review (whether by way of appeal or otherwise) of such a decision, or
(v) the tendering to the Governor of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State, or
(vi) deliberations of the Executive Council in connection with advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of an officer of this State, or
(c) in the case of the Independent Commission Against Corruption:
(i) an investigation under the Independent Commission Against Corruption Act 1988 into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur, or
(ii) a report on such an investigation, or
(d) in the case of the Inspector of the Independent Commission Against Corruption:
(i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act 1988 ) on the part of the Independent Commission Against Corruption or officers of that Commission, or
(ii) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act 1988 ) by the Independent Commission Against Corruption or officers of that Commission, or
(e) in the case of the Law Enforcement Conduct Commission:
(i) an investigation under section 51 (1) (a), (b) or (c) of the Law Enforcement Conduct Commission Act 2016 , or
(ii) a report on an investigation covered by subparagraph (i), or
(iii) the tendering to the Governor of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of Police, or
(iv) deliberations of the Executive Council in connection with advice to the Governor to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of Police.

"premises" includes:
(a) any land,
(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,
(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, or
(c) in relation to a warrant under section 11A of the Commonwealth Act:
(i) the whole or a part of a copy of a telegram made under the warrant, 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 virtue of the warrant.

"restricted record" means a record, other than a copy, that was obtained by means of an interception, whether or not in contravention of section 7 (1) of the Commonwealth Act, of a communication passing over a telecommunications system.

"the Commonwealth Act" means the Telecommunications (Interception and Access) Act 1979 of the Commonwealth.

"the Police Force" means the New South Wales Police Force.

"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.
(4) Notes included in this Act do not form part of this Act.



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