New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) (NEW SOUTH WALES) ACT 1987 - SECT 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 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback