3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *access* inserted by No. 44/2022 s. 10. ***access***, in relation to data held in a computer, means— (a) the display of the data by the computer or any other output of the data from the computer; or (b) the copying or moving of the data to any other place in the computer or to a data storage device; or (c) in the case of a program, the execution of the program; S. 3(1) def. of *account* substituted by No. 27/2016 s. 3(1), amended by No. 44/2022 s. 3(1). ***account*** means any facility or arrangement through which a financial institution accepts deposits or allows withdrawals and includes the following— (a) a facility or arrangement for— (i) a fixed term deposit; or (ii) a safety deposit box; (b) a credit card account; (c) a loan account (other than a credit card account); (d) an account held in the form of units in— (i) a cash management trust; or (ii) a trust of a kind prescribed by the regulations; (e) a digital wallet, digital profile or any other facility or arrangement provided by a financial institution for the storing, buying, selling or exchanging of digital assets or claims to digital assets; S. 3(1) def. of *accused* inserted by No. 68/2009 s. 97(Sch. item 23.1). ***accused***, in relation to an offence, means the person who— (a) has been or will be charged with the offence; or (b) has been convicted of the offence— and in respect of whom an application is made under this Act; S. 3(1) def. of *appeal period* amended by No. 68/2009 s. 97(Sch. item 23.2). ***appeal period***, in relation to the conviction of an accused of an offence, means the period ending— (a) if the period provided for the lodging of an appeal against the conviction has ended without such an appeal having been lodged, at the end of that period; or (b) if an appeal against the conviction has been lodged, when the appeal is abandoned or finally determined; ***appropriate officer*** means— (a) in the case of an application to the Magistrates' Court or the Children's Court—the Chief Commissioner of Police; or (b) in the case of an application that is prescribed by the regulations for the purposes of this paragraph or is of a class of applications that is so prescribed—a person so prescribed or a person belonging to a class of persons so prescribed; S. 3(1) def. of *AUSTRAC CEO* inserted by No. 68/2010 s. 4(1). ***AUSTRAC CEO*** means the Chief Executive Officer of the Australian Transaction Reports and Analysis Centre continued in existence by section 209 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; S. 3(1) def. of *automatic forfeiture* amended by Nos 87/2004 s. 5(a), 55/2014 s. 17(a). ***automatic forfeiture*** means— (a) forfeiture under section 35; or (ab) forfeiture under section 36GA; or (b) the making of a pecuniary penalty order on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence; S. 3(1) def. of *automatic forfeiture offence* substituted by No. 63/2003 s. 4(1), amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). S. 3(1) def. of *automatic forfeiture quantity* inserted by No. 63/2003 s. 5(1). ***automatic forfeiture quantity*** has the same meaning as it has in the **Drugs, Poisons and Controlled Substances Act 1981**; S. 3(1) def. of *bank* amended by No. 11/2001 s. 3(Sch. item 13). ***bank*** means— (a) the Reserve Bank of Australia; or (b) an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth; (c) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth; ***building society*** means a society registered or incorporated as a building society, co‑operative housing society or similar society under an Act or the laws of another State or a Territory; S. 3(1) def. of *business day* inserted by No. 68/2010 s. 4(2). ***business day*** means a day other than a Saturday, a Sunday or a public holiday appointed under the **Public Holidays Act 1993**; ***cash dealer*** has the same meaning as in the Financial Transaction Reports Act 1988 of the Commonwealth; S. 3(1) def. of *civil forfeiture* substituted by No. 68/2010 s. 35(2)(a). ***civil forfeiture*** means forfeiture under, or in accordance with, Part 4; S. 3(1) def. of *civil forfeiture exclusion order* inserted by No. 68/2010 s. 35(1). ***civil forfeiture exclusion order*** means— (a) a section 36V exclusion order; or (b) a section 40B exclusion order; S. 3(1) def. of *civil forfeiture offence* amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). S. 3(1) def. of *civil forfeiture order* substituted by No. 68/2010 s. 35(2)(b). ***civil forfeiture order*** means an order for forfeiture made under Division 2 of Part 4; S. 3(1) def. of *civil forfeiture restraining order* inserted by No. 68/2010 s. 35(1). ***civil forfeiture restraining order*** means an order made under section 36M; ***conversion costs*** means costs referred to in section 135; ***corresponding law***, in relation to this Act or a provision of this Act, means a law of the Commonwealth or another State or a Territory that is declared by the regulations to be a law that corresponds to this Act or the provision; ***court*** means Supreme Court or County Court or, subject to section 12, the Magistrates' Court or Children's Court, as the case requires; ***credit union*** means a credit union or credit society carrying on business under an Act or the laws of another State or a Territory; S. 3(1) def. of *data* inserted by No. 44/2022 s. 10. ***data*** includes— (a) information in any form; and (b) any program or part of a program; S. 3(1) def. of *data held in a computer* inserted by No. 44/2022 s. 10. ***data held in a computer*** includes— (a) data entered or copied into the computer; and (b) data held in any removable data storage device for the time being in the computer; and (c) data held in a data storage device on a computer network of which the computer forms part; S. 3(1) def. of *data storage device* inserted by No. 44/2022 s. 10. ***data storage device*** means any thing (for example, a disk, external hard drive or file server) containing or designed to contain data for use by a computer; S. 3(1) def. of *defendant* repealed by No. 68/2009 s. 97(Sch. item 23.3). S. 3(1) def. of *derived property* inserted by No. 42/2007 s. 4(1), amended by No. 68/2009 s. 97(Sch. item 23.4), substituted by No. 68/2010 s. 35(4), amended by No. 79/2014 s. 4(a). ***derived property***— (a) in relation to civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order or in relation to unexplained wealth forfeiture or an unexplained wealth restraining order, has the meaning given in section 7A; and (b) in any other case, has the meaning given in section 7B; S. 3(1) def. of *digital asset* inserted by No. 44/2022 s. 3(3). ***digital asset*** means a digital representation of value, or contractual rights, that may be transferred, stored or traded electronically; S. 3(1) def. of *Director* repealed by No. 68/2010 s. 4(3). ***disposal order*** means an order made under section 78; S. 3(1) def. of *document request* inserted by No. 63/2003 s. 5(1), substituted by No. 68/2010 s. 4(4). ***document request*** means a request for documents made under Division 6 of Part 13; S. 3(1) def. of *domestic partner* inserted by No. 42/2007 s. 4(1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 7.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); ***DPP*** means Director of Public Prosecutions for Victoria; ***encumbrance***, in relation to property, includes any interest, mortgage, charge, right, claim or demand which is or may be had, made or set up in, to, on or in respect of the property; S. 3(1) def. of *examination notice* inserted by No. 44/2022 s. 39. ***examination notice*** means a notice given under section 98A(1); ***examination order*** means an order made under Part 12; S. 3(1) def. of *exclusion order* amended by No. 68/2010 s. 35(3)(a). ***exclusion order*** means an order made under section 21, 22, 50(1) or 52(1), but does not include a civil forfeiture exclusion order; ***facsimile copy*** means a copy obtained by facsimile transmission; S. 3(1) def. of *financial institution* amended by Nos 63/2003 s. 4(a)(b), 79/2006 s. 86, 44/2022 s. 3(2). ***financial institution*** means— (a) a bank; or (b) a building society; or (c) a credit union; or (d) a body corporate that is or, if it had been incorporated in Australia, would be, a financial corporation within the meaning of section 51(xx) of the Constitution of the Commonwealth; or (da) a provider of a registrable digital currency exchange service within the meaning of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; or (e) a casino operator within the meaning of the **Casino Control Act 1991**; or (f) the holder of the wagering licence under Part 3 of Chapter 4 of the **Gambling Regulation Act 2003**; or (g) a prescribed entity or an entity of a prescribed class; ***fixed term deposit*** means an interest bearing deposit lodged for a fixed period; S. 3(1) def. of *forfeiture offence* amended by No. 104/2003 s. 5(2), repealed by No. 87/2004 s. 5(b). ***forfeiture order*** means an order made under Division 1 of Part 3; S. 3(1) def. of *freezing order* inserted by No. 63/2003 s. 5(1). ***freezing order*** means an order made under section 31F; S. 3(1) def. of *gift* amended by Nos 68/2009 s. 97(Sch. item 23.5), 68/2010 s. 35(6), 79/2014 s. 4(b). ***gift***, in relation to property, includes a transfer for a consideration significantly less than the greater of— (a) the prevailing market value of the property; or (b) the consideration paid by the accused or, in relation to civil forfeiture or unexplained wealth forfeiture, the transferor of the property; S. 3(1) def. of *information notice* inserted by No. 63/2003 s. 5(1). ***information notice*** means a notice issued under section 118D or 118E; ***interest***, in relation to property, means— (b) a right, power or privilege over, or in connection with, the property; ***interstate forfeiture order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition; ***interstate offence*** means an offence against the laws of the Commonwealth or another State or a Territory, being an offence in relation to which an interstate forfeiture order or an interstate pecuniary penalty order may be made under a corresponding law of the Commonwealth or that State or Territory; ***interstate pecuniary penalty order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition; ***interstate restraining order*** means an order that is made under a corresponding law and is of a kind declared by the regulations to be within this definition; S. 3(1) def. of *law enforcement agency* amended by Nos 63/2003 s. 4(3), 68/2010 s. 35(3)(b), 37/2014 s. 10(Sch. item 25.1(b)), 79/2014 s. 4(c), 44/2022 s. 55. ***law enforcement agency*** means— (a) the DPP; or (b) Victoria Police; or (ba) any other prescribed authority, person or class of person responsible for the performance of functions or activities under this Act directed to— (i) the management of property seized under this Act or property in respect of which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order is made (other than a trustee); or (ii) the enforcement of this Act; or (iii) the enforcement of orders made under this Act; or (c) any other authority or person responsible for the investigation or prosecution of offences against the laws of— (i) Victoria or any other State; or (ii) the Commonwealth; or (iii) the Australian Capital Territory or the Northern Territory of Australia— that is prescribed for the purposes of this definition; S. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 17.1), amended by No. 17/2014 s. 160(Sch. 2 item 17). ***legal practitioner*** means an Australian legal practitioner; ***monitoring order*** means an order made under section 116; S. 3(1) def. of *occupier* inserted by No. 63/2003 s. 5(1). ***occupier***, in Part 11A, means a person who appears to be an occupier of, or to be in charge of, the premises and to be aged 18 years or more; S. 3(1) def. of *partly discharged* inserted by No. 27/2016 s. 4(2). ***partly discharged***, in respect of a mortgage, means a payment has been made to reduce the liability under that mortgage, whether or not the reduction in liability is recorded on a register kept by a registration authority; ***pecuniary penalty order*** means an order made under Part 8; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 25.1(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *premises* amended by No. 63/2003 s. 4(4). ***premises*** includes vessel, aircraft, vehicle and any place (other than a public place), whether built upon or not; ***proceeds***, in relation to an offence, means any property that is derived or realised, directly or indirectly, by any person from the commission of the offence; ***production order*** means an order made under section 101; ***property*** means real or personal property of every description, whether situated within or outside Victoria and whether tangible or intangible, and includes any interest in any such real or personal property; S. 3(1) def. of *property-tracking document* amended by No. 79/2014 s. 4(d). ***property-tracking document*** means— (a) a document relevant to— (i) identifying, locating or quantifying property in which a person has an interest; or (ii) identifying or locating any document necessary for the transfer of property in which a person has an interest; or (b) a document relevant to— (i) identifying, locating or quantifying tainted property; or (ii) identifying or locating any document necessary for the transfer of tainted property; or (c) a document relevant to— (i) identifying, locating or quantifying property that has not been lawfully acquired; or (ii) identifying or locating any document necessary for the transfer of property that has not been lawfully acquired; S. 3(1) def. of *protected property* inserted by No. 55/2014 s. 17(c). ***protected property*** has the meaning given by section 24(2); ***relevant period*** means the period of 6 months, or any longer period that is fixed by the court before which the person was convicted on an application made by the DPP or an appropriate officer, as the case may be, on notice to that person during that period of 6 months, after— (a) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(a)—the day on which the person was convicted of the offence; (b) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(b)—the day on which the person was found guilty of the offence; (c) if the person is to be taken to have been convicted of the offence by reason of section 4(1)(c)—the day on which the offence was taken into account; ***reportable details***, in relation to a transaction, means the details of the transaction that are referred to in Schedule 4 to the Financial Transaction Reports Act 1988 of the Commonwealth; S. 3(1) def. of *reporting entity* inserted by No. 68/2010 s. 4(1). ***reporting entity*** has the same meaning as in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth; S. 3(1) def. of *restrained property* inserted by No. 42/2007 s. 4(1), amended by Nos 68/2010 s. 35(3)(c), 79/2014 s. 4(e). ***restrained property*** means property, including an interest in property, to which a restraining order, a civil forfeiture restraining order or an unexplained wealth restraining order applies; S. 3(1) def. of *restraining order* amended by No. 55/2014 s. 17(b). ***restraining order*** means an order made under section 18, including a serious drug offence restraining order; S. 3(1) def. of *Schedule 1 offence* inserted by No. 87/2004 s. 5(c). ***Schedule 1 offence*** means an offence referred to in Schedule 1 and, in Parts 11 and 13, includes an interstate offence; S. 3(1) def. of *Schedule 2 offence* inserted by No. 87/2004 s. 5(c). ***Schedule 2 offence*** means an offence referred to in Schedule 2 and— (a) if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances; and (b) in Parts 11 and 13, includes an interstate offence; ***search warrant*** means (except in Division 2 of Part 13) a search warrant issued under Part 11 and in Division 2 of Part 13 means a search warrant issued under that Division; S. 3(1) def. of *Secretary* inserted by No. 63/2003 s. 5(1), amended by Nos 20/2015 s. 7, 26/2024 s. 4(1)(a). ***Secretary*** means the Secretary to the Department of Justice and Community Safety; S. 3(1) def. of *section 36V exclusion order* inserted by No. 68/2010 s. 35(1). ***section 36V exclusion order*** means an order made under section 36V excluding property or an interest in property from a civil forfeiture restraining order; S. 3(1) def. of *section 40B exclusion order* inserted by No. 68/2010 s. 35(1). ***section 40B exclusion order*** means an order made under section 40B excluding property or an interest in property from a civil forfeiture order; S. 3(1) def. of *section 40S exclusion order* inserted by No. 79/2014 s. 4(f). ***section 40S exclusion order*** means an order made under section 40S excluding property or an interest in property from an unexplained wealth restraining order; S. 3(1) def. of *section 40ZD exclusion order* inserted by No. 79/2014 s. 4(f). ***section 40ZD exclusion order*** means an order made under section 40ZD excluding property or an interest in property from an unexplained wealth forfeiture; S. 3(1) def. of *seizure warrant* inserted by No. 63/2003 s. 5(1). ***seizure warrant*** means a warrant issued under section 79A; S. 3(1) def. of *serious criminal activity* inserted by No. 79/2014 s. 4(f). ***serious criminal activity*** has the meaning given in section 7C; S. 3(1) def. of *serious drug offence* inserted by No. 55/2014 s. 17(c), amended by Nos 79/2014 s. 61(1), 3/2019 s. 20(1). ***serious drug offence*** means an offence against any of the following provisions of the **Drugs, Poisons and Controlled Substances Act 1981** committed in the circumstances specified (if any)— (a) section 71 (trafficking in a drug or drugs of dependence—large commercial quantity); (ab) section 71AA(2) (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity); (b) section 72 (cultivation of narcotic plants—large commercial quantity); (c) section 79(1) or 80(3)(a) (conspiracy)—where the conspiracy is to commit an offence specified in paragraph (a), (ab) or (b); (d) section 80(1) (inciting)—where the offence that is incited is an offence specified in paragraph (a), (ab) or (b); (e) section 80(3)(b) (aiding, abetting etc. an offence outside Victoria)—where the offence that is aided, abetted, counselled or procured is an offence that, if committed in Victoria, would be an offence specified in paragraph (a), (ab) or (b); S. 3(1) def. of *serious drug offence restraining order* inserted by No. 55/2014 s. 17(c). ***serious drug offence restraining order*** means a restraining order made under section 18 for the purpose referred to in section 15(1)(c); S. 3(1) def. of *serious drug offender* inserted by No. 55/2014 s. 17(c). ***serious drug offender*** means a person declared under section 89DI of the **Sentencing Act 1991** to be a serious drug offender; S. 3(1) def. of *spouse* inserted by No. 42/2007 s. 4(1). ***spouse*** of a person means a person to whom that person is married; S. 3(1) def. of *sufficient consideration* inserted by No. 42/2007 s. 4(3). ***sufficient consideration***, in relation to property, means consideration that reflects the market value of the property and does not include— (a) consideration arising from the fact of a family relationship between the transferor and transferee; (b) if the transferor is the spouse or domestic partner of the transferee, the making of a deed in favour of the transferee; (c) a promise by the transferee to become the spouse or domestic partner of the transferor; (d) consideration arising from love and affection; (e) transfer by way of gift; S. 3(1) def. of *tainted property* amended by Nos 63/2003 s. 4(5)(a)(b), 104/2003 s. 5(3), 42/2007 s. 4(2), 68/2009 s. 97(Sch. item 23.6), substituted by No. 68/2010 s. 35(5), amended by Nos 55/2014 s. 3, 27/2016 s. 4(1), 38/2017 s. 76. ***tainted property*** means— (a) in the case of civil forfeiture, a civil forfeiture restraining order, a civil forfeiture order or a civil forfeiture exclusion order, property that— (i) was used, or was intended to be used in, or in connection with, the commission of one or more Schedule 2 offences; or (ii) was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or (iii) was derived or realised, or substantially derived or realised, directly or indirectly, from the commission of one or more Schedule 2 offences; or (iiia) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or (iv) is likely to be used, or intended to be used in, or in connection with, the future commission of one or more Schedule 2 offences; or (b) in any other case, property that, in relation to an offence— (i) was used, or was intended by the accused to be used in, or in connection with, the commission of the offence; or (ii) was derived or realised, or substantially derived or realised, directly or indirectly, from property referred to in subparagraph (i); or (iii) was derived or realised, or substantially derived or realised, directly or indirectly, by any person from the commission of the offence; or (iv) is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using property referred to in subparagraph (i), (ii) or (iii); or (c) in a case specified in either paragraph (a) or paragraph (b), property that— (i) in the case of an offence against section 194 of the **Crimes Act 1958**, is proceeds of crime within the meaning of section 193 of that Act; or (ii) in the case of an offence against section 195 of the **Crimes Act 1958**, is referred to in that section; or (iii) in the case of an offence against section 195A of the **Crimes Act 1958**, becomes an instrument of crime within the meaning of section 193 of that Act; S. 3(1) def. of *trustee* amended by No. 44/2001 s. 3(Sch. item 21.1). ***trustee*** means— (a) a trustee company within the meaning of the **Trustee Companies Act 1984**; (b) an official liquidator within the meaning of the Corporations Act; S. 3(1) def. of *unexplained wealth forfeiture* inserted by No. 79/2014 s. 4(f), amended by No. 26/2024 s. 4(1)(b). ***unexplained wealth forfeiture*** means forfeiture under section 40ZA or 40ZAB; S. 3(1) def. of *unexplained wealth forfeiture exclusion order* inserted by No. 79/2014 s. 4(f). ***unexplained wealth forfeiture exclusion order*** means— (a) a section 40S exclusion order; or (b) a section 40ZD exclusion order; S. 3(1) def. of *unexplained wealth order* inserted by No. 26/2024 s. 4(1)(c). ***unexplained wealth order*** means an order made under section 40ZAAB(3)(a) or (b); S. 3(1) def. of *unexplained wealth restraining order* inserted by No. 79/2014 s. 4(f), amended by No. 26/2024 s. 4(1)(d). ***unexplained wealth restraining order*** means an order under section 40I or 40IA; S. 3(1) def. of *unlawful activity* amended by No. 43/1998 s. 7. ***unlawful activity*** means an act or omission that constitutes an offence against a law in force in the Commonwealth, Victoria or another State, a Territory or a foreign country punishable by imprisonment; ***Victoria Legal Aid*** means Victoria Legal Aid established under the **Legal Aid Act 1978**. S. 3(2) inserted by No. 63/2003 s. 5(2), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 38), 20/2015 s. 7, 26/2024 s. 4(2). (2) If under the **Public Administration Act 2004** the name of the Department of Justice and Community Safety is changed, the reference in subsection (1) in the definition of ***Secretary*** to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. S. 3(3) inserted by No. 42/2007 s. 4(4), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 7.2). (3) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as 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 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; and (c) a person is not a domestic partner of another person only because they are co-tenants. S. 3(4) inserted by No. 27/2016 s. 3(2). (4) For the purposes of the definition of ***account*** in subsection (1), it is immaterial whether— (a) an account is closed; or (b) an account has a nil balance; or (c) any transactions have been allowed in relation to an account. S. 3A inserted by No. 68/2010 s. 5.