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INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION ACT 2011 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of aircraft inserted by No. 13/2012 s. 3(1).

"aircraft" means a machine or structure used or intended to be used for navigation of the air;

S. 3(1) def. of approved health professional inserted by No. 13/2012 s. 3(1).

"approved health professional" means—

        (a)     a person registered under the Health Practitioner Regulation National Law—

              (i)     to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student); and

              (ii)     in the registered nurses division of that profession;

        (b)     a person approved under subsection (2) to take a blood sample for the purposes of Division 1 of Part 9;

S. 3(1) def. of arrest warrant inserted by No. 28/2012 s. 3(1), substituted by No. 22/2020 s. 7A(a).

"arrest warrant "means a warrant to arrest a person issued under—

        (a)     section 139(2); or

        (b)     section 141A(2); or

        (c)     section 141B(2); or

        (d)     section 141C(2); or

        (e)     section 153(1);

S. 3(1) def. of assessable disclosure inserted by No. 85/2012 s. 84(1), amended by No. 2/2019 s. 49(2)(a).

"assessable disclosure" has the same meaning as in the Public Interest Disclosures Act 2012 ;

S. 3(1) def. of audio visual link inserted by No. 22/2020 s. 7A(b).

"audio visual link" has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions Act) 1958 ;

S. 3(1) def. of Auditor-General inserted by No. 2/2019 s. 179.

"Auditor-General" means the Auditor-General appointed under section 94A of the Constitution Act 1975 ;

S. 3(1) def. of authorised officer inserted by No. 13/2012 s. 3(1).

"authorised officer" means a sworn IBAC Officer appointed as an authorised officer under section 81;

S. 3(1) def. of Australian legal practitioner repealed by No. 17/2014 s. 160(Sch. 2 item 49).

    *     *     *     *     *

S. 3(1) def. of breach of discipline inserted by No. 13/2012 s. 3(1), substituted by No. 37/2014 s. 10(Sch. item 85.1(b)).

"breach of discipline", in relation to a police officer or protective services officer, has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of category A longarm inserted by No. 13/2012 s. 3(1).

"category A longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of category B longarm inserted by No. 13/2012 s. 3(1).

"category B longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of category C longarm inserted by No. 13/2012 s. 3(1).

"category C longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of category D longarm inserted by No. 13/2012 s. 3(1).

"category D longarm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of certificate of charge inserted by No. 28/2012 s. 3(1).

"certificate of charge" means a certificate issued under section 153(1);

S. 3(1) def. of Chief Commis-sioner of Police inserted by No. 13/2012 s. 3(1), amended by No. 37/2014 s. 10(Sch. item 85.1(c)).

"Chief Commissioner of Police" means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;

"Commissioner" means the person appointed under section 20;

S. 3(1) def. of complaint inserted by No. 28/2012 s. 3(1).

"complaint" means—

        (a)     a complaint under section 51;

        (b)     a police personnel conduct complaint;

S. 3(1) def. of confidentiality notice inserted by No. 28/2012 s. 3(1), amended by No. 2/2019 s. 112(a).

"confidentiality notice" means a notice issued by the IBAC under section 42(1) or (1A);

S. 3(1) def. of corrupt conduct inserted by No. 13/2012 s. 3(1).

corrupt conduct has the meaning given by section 4;

S. 3(1) def. of Council inserted by No. 13/2012 s. 3(1), amended by No. 9/2020 s. 390(Sch. 1 item 56.1(a)).

"Council" has the same meaning as it has in section 3(1) of the Local Government Act 2020 ;

S. 3(1) def. of critical incident inserted by No. 13/2012 s. 3(1).

"critical incident" means an incident involving an IBAC Officer, other than the Commissioner, while the IBAC Officer was performing a function or exercising a power under this Act which—

        (a)     resulted in the death of, or serious injury to, a person; and

        (b)     also involved any one or more of the following—

              (i)     the discharge of a firearm by the IBAC Officer;

              (ii)     the use of force by the IBAC Officer;

              (iii)     the use of a motor vehicle by the IBAC Officer (including as a passenger) in the course of performing the IBAC Officer's duties or exercising the IBAC Officer's powers;

              (iv)     the death of, or serious injury to, the person while the person was in the custody of the IBAC Officer;

S. 3(1) def. of defensive equipment inserted by No. 13/2012 s. 3(1).

"defensive equipment" means one or more of the following—

        (a)     an article designed or adapted to discharge oleoresin capsicum spray;

        (b)     body armour within the meaning of the Control of Weapons Act 1990 ;

        (c)     an extendable baton designed or adapted so that the length of the baton extends by gravity or centrifugal force or by any pressure applied to a button, spring or device in or attached to the handle of the baton;

        (d)     handcuffs or cable ties;

"Deputy Commissioner" means a person appointed under section 23;

S. 3(1) def. of detained person inserted by No. 13/2012 s. 3(1), amended by Nos 70/2013 s. 3(Sch. 1 item 23.1), 30/2016 s. 3(a), 2/2019 s. 112(b), 19/2019 s. 265.

"detained person" means—

        (a)     a person in prison in the legal custody of the Secretary to the Department of Justice in accordance with the Corrections Act 1986 ; or

        (b)     a person in a police gaol in the legal custody of the Chief Commissioner of Police in accordance with the Corrections Act 1986 ; or

        (c)     a person in a remand centre, youth justice centre or youth residential centre in the legal custody of the Secretary to the Department of Justice and Community Safety in accordance with the Children, Youth and Families Act 2005 ; or

        (d)     a patient detained in a designated mental health service within the meaning of the Mental Health Act 2014 ; or

        (e)     a person detained in a residential service, residential treatment facility or SDA enrolled dwelling under Part 8 of the Disability Act 2006 ; or

        (f)     a person detained at a treatment centre under a detention and treatment order made under section 20 of the Severe Substance Dependence Treatment Act 2010 ;

S. 3(1) def. of detrimental action inserted by No. 85/2012 s. 84(1), amended by No. 2/2019 s. 49(2)(b).

"detrimental action" has the same meaning as in the Public Interest Disclosures Act 2012 ;

S. 3(1) def. of disciplinary process or action inserted by No. 28/2012 s. 3(1).

"disciplinary process or action" means in relation to a person's employment as a public sector employee within the meaning of section 4(1) of the Public Administration Act 2004 or police personnel

        (a)     any process undertaken for the purposes of determining what, if any, disciplinary action is warranted in relation to a breach or possible breach of the person's terms and conditions of employment;

        (b)     any action taken following a process specified in paragraph (a) that is permitted under legislation or the person's terms and conditions of employment;

        (c)     any review process or proceeding, including an appeal process or proceeding, in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

        (d)     any administrative or judicial process or proceeding involving a claim for any remedy in relation to a process specified in paragraph (a) or an action specified in paragraph (b);

S. 3(1) def. of domestic partner inserted by No. 28/2012 s. 3(1).

"domestic partner" of a person means—

        (a)     a person who is in a registered relationship with a person; or

Note

A registered relationship is defined in subsection (4).

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

S. 3(1) def. of drug of dependence inserted by No. 13/2012 s. 3(1).

"drug of dependence" has the same meaning as it has in the Drugs, Poisons and Controlled Substances Act 1981 ;

S. 3(1) def. of examination inserted by No. 28/2012 s. 3(1).

"examination" means an examination under Part 6;


S. 3(1) def. of firearm inserted by No. 13/2012 s. 3(1).

"firearm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of general category handgun inserted by No. 13/2012 s. 3(1).

"general category handgun" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

"IBAC "means the Independent Broad-based Anti‑corruption Commission established under section 12;

S. 3(1) def. of IBAC Committee repealed by No. 2/2019 s. 196(1)(a).

    *     *     *     *     *


S. 3(1) def. of IBAC Officer substituted by No. 13/2012 s. 3(2).

"IBAC Officer" means—

        (a)     the Commissioner;

        (b)     a Deputy Commissioner;

        (c)     the Chief Executive Officer appointed under section 33;

        (d)     a person employed under section 35(1);

        (e)     a person employed or engaged by the IBAC under section 35(2);

        (f)     a person engaged as a consultant under section 36;

S. 3(1) def. of Integrity and Oversight Committee inserted by No. 2/2019 s. 196(1)(b).

"Integrity and Oversight Committee" means the Integrity and Oversight Committee established by section 5(a) of the Parliamentary Committees Act 2003 ;

S. 3(1) def. of integrity body inserted by No. 28/2012 s. 3(1), amended by Nos 82/2012 s. 253, 60/2014 s. 140(Sch. 3 item 28), 30/2016 s. 3(b), 16/2016 s. 161(1)(a), 20/2017 s. 128, 9/2020 s. 390(Sch. 1 item 56.1(b)(c)).

"integrity body" means—

        (a)     the Auditor-General appointed under section 94A of the Constitution Act 1975 ;

        (b)     the Information Commissioner appointed under the Freedom of   Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data   Protection Act 2014 ;

        (ba)     the Judicial Commission;

        (c)     the Ombudsman appointed under section 3 of the Ombudsman Act 1973 ;

    *     *     *     *     *

        (e)     the Victorian Inspectorate;

        (f)     the Integrity Commissioner appointed under section 175 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth;

        (g)     the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth;

        (h)     the Independent Commission Against Corruption established under section 4 of the Independent Commission Against Corruption Act 1988 of New South Wales;

              (i)     the Police Integrity Commission established under section 6 of the Police Integrity Commission Act 1996 of New South Wales;

        (j)     the Crime and Corruption Commission established under section 220 of the Crime and Corruption Act 2001 of Queensland;

        (k)     the Integrity Commission established under section 7 of the Integrity Commission Act 2009 of Tasmania;

        (l)     the Corruption and Crime Commission established under section 6 of the Corruption and Crime Commission Act 2003 of Western Australia;

        (m)     the Commonwealth Ombudsman established under section 4 of the Ombudsman Act 1976 of the Commonwealth;

        (n)     an Ombudsman of another State or a Territory established under an Act of that jurisdiction corresponding to the Ombudsman Act 1973 ;

        (na)     the Chief Municipal Inspector appointed under section 182 of the Local Government Act 2020 ;

        (nb)     a Municipal Monitor appointed under section 179 of the Local Government Act   2020 ;

        (nc)     the Racing Integrity Commissioner established under the Racing Act 1958 ;

        (o)     any other prescribed person or body which has an integrity function;

S. 3(1) def. of investigating panel inserted by No. 16/2016 s. 161(1)(c).

"investigating panel" has the same meaning as it has in Part IIIAA of the Constitution Act 1975 ;

S. 3(1) def. of Judicial Commission inserted by No. 16/2016 s. 161(1)(c).

"Judicial Commission "has the same meaning as it has in Part IIIAA of the Constitution Act 1975 ;

S. 3(1) def. of judicial officer inserted by No. 13/2012 s. 3(1), amended by Nos 5/2013 s. 62, 63/2013 s. 86.

"judicial officer" means—

        (a)     a Judge of the Supreme Court;

        (ab)     a reserve Judge of the Supreme Court;

        (b)     an Associate Judge of the Supreme Court;

        (ba)     a reserve Associate Judge of the Supreme Court;

        (c)     a judicial registrar of the Supreme Court;

        (d)     a judge of the County Court;

        (da)     a reserve judge of the County Court;

        (e)     an associate judge of the County Court;

        (ea)     a reserve associate judge of the County Court;

        (f)     a magistrate;

        (fa)     a reserve magistrate;

S. 3(1) def. of law enforcement agency inserted by No. 28/2012 s. 3(1), amended by Nos 67/2013 s. 649(Sch. 9 item 19(1)(a)), 37/2014 s. 10(Sch. item 85.1(d)).

"law enforcement agency" means—

        (a)     Victoria Police;

        (b)     the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        (c)     the Environment Protection Authority established under section 5 of the Environment Protection Act 1970 ;

        (d)     the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 of the Commonwealth;

        (e)     the police force or police service (however described) of another State or a Territory;

        (f)     any other prescribed person or body which has a law enforcement function;

S. 3(1) def. of mandatory notification provision inserted by No. 30/2016 s. 3(c), amended by Nos 16/2016 s. 161(2), 12/2019 s. 21(a).

"mandatory notification provision" means any of the following—

        (a)     section 57;

        (b)     section 66 of the Audit Act 1994 ;

        (c)     section 61 of the Commission for Children and Young People Act 2012 ;

        (d)     section 19A of the Electoral Act 2002 ;

        (e)     section 54C of the Environment Protection Act 1970 ;

        (ea)     section 25 of the Judicial Commission of Victoria Act 2016 ;

        (f)     section 16E of the Ombudsman Act 1973 ;

        (g)     section 73 of the Public Administration Act 2004 ;

        (h)     section 37G of the Racing Act 1958 ;

              (i)     section 613(1) of the Workplace Injury Rehabilitation and Compensation Act 2013 .

S. 3(1) def. of member of Victoria Police personnel inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"member of Victoria Police personnel" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of notification to the IBAC inserted by No. 13/2012 s. 3(1), amended by Nos 82/2012 s. 3(a), 67/2013 s. 649(Sch. 9 item 19(1)(b)(c)), 30/2016 s. 3(d), 16/2016 s. 161(1)(b), 12/2019 s. 21(b).

"notification to the IBAC" means—

        (a)     in relation to corrupt conduct, a notification under section 57(1);

        (b)     in relation to police personnel conduct, a notification under section 57(2), (4) or (6);

    *     *     *     *     *

        (d)     a notification under section 66 of the Audit Act 1994 ;

        (e)     a notification under section 19A of the Electoral Act 2002 ;

        (f)     a notification under section 54C of the Environment Protection Act 1970 ;

        (fa)     a notification under section 25 or 48 of the Judicial Commission of Victoria Act 2016 ;

        (g)     a notification under section 16E of the Ombudsman Act 1973 ;

        (h)     a notification under section 73 of the Public Administration Act 2004 ;

              (i)     a notification under section 37G of the Racing Act 1958 ;

        (j)     a notification under section 613 of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

S. 3(1) def. of Parliamentary Committee inserted by No. 2/2019 s. 179.

"Parliamentary Committee" means the Integrity and Oversight Committee established under section 5(a) of the Parliamentary Committees Act 2003 ;

S. 3(1) def. of person inserted by No. 13/2012 s. 3(1).

"person" includes an unincorporated association, a firm and a partnership;

S. 3(1) def. of person in charge inserted by No. 13/2012 s. 3(1).

"person in charge", for the purposes of Division 1 of Part 3, means the person who is in charge of the place or institution where the person who wishes to make a complaint is a detained person;

S. 3(1) def. of police force inserted by No. 13/2012 s. 3(1), repealed by No. 37/2014 s. 10(Sch. item 85.1(e)).

    *     *     *     *     *

S. 3(1) def. of police gaol inserted by No. 13/2012 s. 3(1).

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

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"police officer" has the same meaning as it has in the Victoria Police Act 2013 ;

Note

Police officers include police reservists (see section 45(v) of the Victoria Police
Act 2013 ) and special constables (see section 193(1) of that Act).

S. 3(1) def. of police personnel inserted by No. 13/2012 s. 3(1), repealed by No. 37/2014 s. 10(Sch. item 85.1(e)).

    *     *     *     *     *

S. 3(1) def. of police personnel conduct inserted by No. 13/2012 s. 3(1).

police personnel conduct has the meaning given by section 5;

S. 3(1) def. of police personnel conduct complaint inserted by No. 13/2012 s. 3(1).

police personnel conduct complaint has the meaning given by section 5;

S. 3(1) def. of police personnel misconduct inserted by No. 13/2012 s. 3(1).

police personnel misconduct has the meaning given by section 5;

S. 3(1) def. of police personnel premises inserted by No. 13/2012 s. 3(1), amended by No. 37/2014 s. 10(Sch. item 85.1(f)).

"police personnel premises" means any premises, or the part of any premises, occupied by Victoria Police or members of Victoria Police personnel for the purposes of use as an office, a police station, a police gaol, a locker room, a command and control centre, an educational and training complex, a forensic laboratory, a storage facility or a special purpose facility, whether or not occupied by any other person or body, but does not include any residential premises;

S. 3(1) def. of police recruit inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"police recruit" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of preliminary inquiry inserted by No. 30/2016 s. 3(e).

"preliminary inquiry" means a preliminary inquiry under section 59A or 59B;

S. 3(1) def. of prescribed inserted by No. 13/2012 s. 3(1).

"prescribed" means prescribed by regulations made under this Act;

S. 3(1) def. of prison inserted by No. 13/2012 s. 3(1).

"prison" has the same meaning as it has in the Corrections Act 1986 ;

S. 3(1) def. of prisoner inserted by No. 13/2012 s. 3(1).

"prisoner" has the same meaning as it has in the Corrections Act 1986 ;

S. 3(1) def. of prison officer inserted by No. 13/2012 s. 3(1).

"prison officer" has the same meaning as it has in the Corrections Act 1986 ;

S. 3(1) def. of privilege inserted by No. 13/2012 s. 3(1), amended by No. 52/2012 s. 17.

"privilege" means—

        (a)     any privilege that a person is entitled to claim in any proceedings before a court or tribunal, other than the privilege provided for in Division 1C of Part 3.10 of the Evidence Act 2008 ; and

        (b)     public interest immunity;

S. 3(1) def. of prosecutorial body inserted by No. 28/2012 s. 3(1), amended by No. 67/2013 s. 649(Sch. 9 item 19(1)(d)).

"prosecutorial body" means—

        (a)     the Director of Public Prosecutions appointed under section 87AB of the Constitution Act 1975 ;

        (b)     the Victorian WorkCover Authority within the meaning of the Workplace Injury Rehabilitation and Compensation Act 2013 ;

        (c)     the Director of Public Prosecutions of the Commonwealth appointed under section 18 of the Director of Public Prosecutions Act 1983 of the Commonwealth;

        (d)     the Director of Public Prosecutions of another State or a Territory;

        (e)     any other prescribed person or body which has a prosecutorial function;

S. 3(1) def. of protected disclosure complaint inserted by No. 85/2012 s. 84(1), repealed by No. 2/2019 s. 49(3).

    *     *     *     *     *

S. 3(1) def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"protective services officer" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of public body inserted by No. 13/2012 s. 3(1).

public body has the meaning given by section 6;

S. 3(1) def. of public interest complaint inserted by No. 2/2019 s. 49(1).

"public interest complaint" means a disclosure that the IBAC has determined under section 26 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

S. 3(1) def. of Public Interest Monitor inserted by No. 13/2012 s. 3(1).

"Public Interest Monitor" has the same meaning as it has in section 4 of the Public Interest Monitor Act 2011 ;

S. 3(1) def. of public officer inserted by No. 13/2012 s. 3(1).

public officer has the meaning given by section 6;


S. 3(1) def. of public sector inserted by No. 13/2012 s. 3(1).

public sector has the meaning given by section 6;


S. 3(1) def. of registered medical practitioner inserted by No. 13/2012 s. 3(1).

"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of referral inserted by No. 28/2012 s. 3(1).

"referral" means a referral under Division 5 of Part 3;

S. 3(1) def. of relevant head of jurisdiction inserted by No. 13/2012 s. 3(1), amended by No. 3/2016 s. 58.

"relevant head of jurisdiction" means—

        (a)     in relation to the Supreme Court, a Judge of the Supreme Court, an Associate Judge of the Supreme Court or a judicial registrar of the Supreme Court—

              (i)     the Chief Justice; or

              (ii)     if the Chief Justice is the person whose conduct is being investigated, the President of the Court of Appeal; or

        (b)     in relation to the County Court, a judge of the County Court or an associate judge of the County Court—

              (i)     the Chief Judge of the County Court; or

              (ii)     if the Chief Judge is the person whose conduct is being investigated—

    (A)     if the Chief Judge is a dual commission holder, the Chief Justice; or

    (B)     otherwise, the next most senior judge of the County Court;

        (c)     in relation to the Magistrates' Court or a magistrate—

              (i)     the Chief Magistrate; or

              (ii)     if the Chief Magistrate is the person whose conduct is being investigated—

    (A)     if the Chief Magistrate is a dual commission holder, the Chief Judge; or

    (B)     otherwise, the most senior Deputy Chief Magistrate;

S. 3(1) def. of relevant offence inserted by No. 13/2012 s. 3(1), amended by No. 30/2016 s. 3(f).

"relevant offence" means—

        (a)     an indictable offence against an Act; or

        (b)     any of the following common law offences committed in Victoria—

              (i)     attempt to pervert the course of justice;

              (ii)     bribery of a public official;

              (iii)     perverting the course of justice;

              (iv)     misconduct in public office;

S. 3(1) def. of relevant principal officer inserted by No. 13/2012 s. 3(1), amended by Nos 37/2014 s. 10(Sch. item 85.1(g)), 25/2015 s. 9.

"relevant principal officer" means—

        (a)     the public sector body Head within the meaning of section 4(1) of the Public Administration Act 2004 , in relation to—

              (i)     the public body of which he or she is the public sector body Head; and

              (ii)     the public officers employed by that public body;

        (b)     the Chief Commissioner of Police, in relation to members of Victoria Police personnel;

        (c)     the Chief Executive Officer of a Council, in relation to members of Council staff employed by that Council;

        (d)     the Chief Executive Officer, within the meaning of the Court Services Victoria Act 2014 , in relation to Court Services Victoria established under that Act and the members of the staff of Court Services Victoria;

S. 3(1) def. of report of the Chief Commission-
er of Police inserted by No. 28/2012 s. 3(1), amended by Nos 85/2012 s. 84(2), 37/2014 s. 10(Sch. item 85.1(h))(as amended by No. 21/2015 s. 3(Sch. 1 item 62.3)).

"report of the Chief Commissioner of Police" means—

        (a)     a report on an investigation completed by the Chief Commissioner of Police under Part 9 or 10 of the Victoria Police Act 2013 ;

        (b)     a report to the IBAC under section 57(3);

S. 3(1) def. of restricted matter inserted by No. 28/2012 s. 3(1), amended by Nos 30/2016 s. 3(g), 2/2019 s. 49(2)(c).

"restricted matter" means—

        (a)     any evidence or information given to, or obtained by, the IBAC;

        (b)     the contents of any document, or a description of any thing, produced to, or obtained by, the IBAC;

        (c)     the contents of any document, or a description of any thing, which the IBAC has made a copy of or seized under Division 3 or Division 4 of Part 4;

        (d)     the existence of, or any information about, a confidentiality notice or a witness summons;

        (e)     the subject matter of an investigation in relation to which a witness summons has been issued;

        (f)     any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document or thing to, the IBAC, to be identified or located;

        (g)     the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document or thing to, the IBAC;

        (h)     the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012 ;

              (i)     the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

S. 3(1) def. of search warrant inserted by No. 13/2012 s. 3(1).

"search warrant" means a warrant issued under section 91;

S. 3(1) def. of senior IBAC Officer inserted by No. 13/2012 s. 3(1).

"senior IBAC Officer" means a sworn IBAC Officer who is the holder of a prescribed office or position or is the holder of an office or position of a prescribed class of offices or positions;

            S. 3(1) def. of serious injury inserted by No. 13/2012 s. 3(1).

"serious injury" includes an injury that—

        (a)     is life threatening; or

        (b)     is likely to result in permanent impairment; or

        (c)     is likely to require long-term rehabilitation; or

        (d)     is, in the opinion of the IBAC, of such nature, or occurred in such circumstances, that the infliction of it is likely to bring the IBAC into disrepute or diminish public confidence in it;

S. 3(1) def. of spouse inserted by No. 28/2012 s. 3(1).

"spouse" of a person means a person to whom the person is married;

S. 3(1) def. of sworn IBAC Officer inserted by No. 13/2012 s. 3(1).

"sworn IBAC Officer" means an IBAC Officer who has taken an oath or made an affirmation under this Act;

S. 3(1) def. of vehicle inserted by No. 13/2012 s. 3(1).

"vehicle" has the same meaning as it has in the Road Safety Act 1986 ;

S. 3(1) def. of vessel inserted by No. 13/2012 s. 3(1), amended by No. 82/2012 s. 3(b).

"vessel" has the same meaning as it has in the Marine Safety Act 2010 ;

S. 3(1) def. of Victoria Police inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"Victoria Police" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 85.1(a)).

"Victoria Police employee" has the same meaning as it has in the Victoria Police Act 2013 ;

S. 3(1) def of Victorian Inspectorate inserted by No. 13/2012 s. 3(1).

"Victorian Inspectorate" has the same meaning as it has in section 3 of the Victorian Inspectorate Act 2011 ;

S. 3(1) def. of Victorian Inspectorate Officer inserted by No. 28/2012 s. 3(1).

"Victorian Inspectorate Officer" has the same meaning as it has in section 3 of the Victorian Inspectorate Act 2011 ;

S. 3(1) def. of witness summons inserted by No. 28/2012 s. 3(1), amended by No. 30/2016 s. 3(h).

"witness summons" means a witness summons issued under section 59E(1) or 120(1).

S. 3(2) inserted by No. 13/2012 s. 3(3).    

    (2)     For the purposes of paragraph (b) of the definition of approved health professional , the Director within the meaning of the Victorian Institute of Forensic Medicine Act 1985 , in writing, may approve a person to take blood samples for the purposes of Division 1 of Part 9 if the Director is of the opinion that the person has the appropriate qualifications, training and experience to take those samples.

S. 3(3) inserted by No. 13/2012 s. 3(3).

    (3)     A reference in this Act to the investigative functions of the IBAC—

S. 3(3)(a) amended by No. 28/2012 s. 3(2)(a).

        (a)     in respect of corrupt conduct, is a reference to the functions specified in section 15(2)(a), (3)(a) and (3)(c);

S. 3(3)(b) amended by No. 28/2012 s. 3(2)(b).

        (b)     in respect of police personnel conduct, is a reference to the functions specified in section 15(2)(b), (2)(c), (3)(b) and (3)(c).

S. 3(4) inserted by No. 28/2012 s. 3(3).

    (4)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     "registered relationship "has the same meaning as it has in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

S. 4 inserted by No. 13/2012 s. 4 (as amended by No. 82/2012 s. 148(1)), amended by No. 28/2012 s. 4.



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