4Interpretation

#### 4 Interpretation 4 Interpretation > > (1) In this Act— > > > > approved form means a form approved by the Commissioner. > > > > Assistant Commissioner means an Assistant Commissioner for the Commission. > > > > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). > > > > Commission means the New South Wales Crime Commission constituted by this Act. > > > > Commissioner means the Commissioner for the New South Wales Crime Commission. > > > > criminal group has the same meaning as in section 93S of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > > current charge—see subsection (1B). > > > > executive officermeans the following— > > > > > (a) the Commissioner, > > > > > (b) an Assistant Commissioner. > > > > function includes a power, authority or duty, and exercise a function includes perform a duty. > > > > government agency means the following— > > > > > (a) a public authority constituted by or under an Act, > > > > > (b) a government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), > > > > > (c) a NSW Government agency, > > > > > (d) a local council or other local authority, > > > > > (e) a State owned corporation, > > > > > (f) any other holder of an office or body prescribed by the regulations for the purposes of this definition. > > > > head of a government agency or investigative agency means— > > > > > (a) the chief executive officer or other principal officer of the agency, or > > > > > (b) a person who is specified by the regulations as the head of a particular agency for the purposes of this definition. > > > > investigation means an investigation or reinvestigation conducted by the Commission under this Act and includes any inquiry into matters connected with, or arising out of, the exercise of the Commission’s functions. > > > > investigative agency means the following— > > > > > (a) the Ombudsman’s Office, > > > > > (b) the Independent Commission Against Corruption, > > > > > (c) the Inspector of the Independent Commission Against Corruption and any staff of the Inspector, > > > > > (d) the Law Enforcement Conduct Commission, > > > > > (e) the Inspector of the Law Enforcement Conduct Commission and any staff of the Inspector, > > > > > (f) any law enforcement agency, > > > > > (g) any person or body prescribed by the regulations for the purposes of this definition. > > > > Joint Committee—see section 70. > > > > law enforcement agency means the following— > > > > > (a) the NSW Police Force, > > > > > (b) a Police Force of another State or a Territory of the Commonwealth, > > > > > (c) the Australian Federal Police, > > > > > (d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of the State, another State or a Territory of the Commonwealth. > > > > Management Committee or Committee means the New South Wales Crime Commission Management Committee constituted by this Act. > > > > medical practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > member of a government agency includes an officer or employee of, or any person otherwise engaged by or acting for or on behalf of, or in place of, or as deputy or delegate of, a government agency. > > > > member of an investigative agency includes an officer or employee of, or any person otherwise engaged by or acting for or on behalf of, an investigative agency. > > > > officer of the Commission—see section 72. > > > > police inquiry means an inquiry carried out under the authority of the Commissioner of Police. > > > > production notice—see sections 28 and 29. > > > > prosecutor means— > > > > > (a) the Director of Public Prosecutions or a delegate of the Director of Public Prosecutions, or > > > > > (b) a police officer, or > > > > > (c) any other person acting in a public official capacity or a private capacity, > > > > who is responsible for the conduct of a prosecution, and includes a reference to an Australian legal practitioner representing a person referred to in paragraphs (a)–(c). > > > > psychologist has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > relevant criminal activity means any circumstances implying, or any allegations, that a relevant offence may have been, or may be being, or may in the future be, committed. > > > > relevant offence—see section 5. > > > > search warrant means a search warrant issued under section 17. > > > > serious crime concern means any circumstances implying, or any allegations, that relevant offences of a particular type or class are being, or are likely to continue to be, committed in an organised, systemic or sustained way so as— > > > > > (a) to have, or be likely to have, a significant impact on the community, or > > > > > (b) to involve, or be likely to involve, substantial proceeds (within the meaning of the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023)) of illegal activity (within the meaning of that Act). > > > > staff—see section 74. > > > > task force—see section 58. > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (1A) For the purposes of this Act, a person who is not physically present at a hearing or a part of a hearing before the Commission is taken to be present at a hearing or a part of a hearing if either— > > > > > (a) the person— > > > > > > > (i) views the hearing or part of the hearing, while it is occurring, by observing it from a concealed position (such as behind a glass partition), or by means of closed circuit television, or by any other means, and > > > > > > > (ii) can hear or otherwise understand anything being said or demonstrated while viewing the hearing or the part of the hearing, or > > > > > (b) the person hears or otherwise understands anything being said or demonstrated during the hearing or part of the hearing, while it is occurring, by means of an electronic system or by any other means, without viewing it. > > > (1B) For the purposes of this Act, a person is the subject of a current charge for an offence if— > > > > > (a) the person has been charged with the offence and the charge has not been withdrawn, and > > > > > (b) any proceedings for the offence or any appeal against a court’s decision on the offence are pending or not concluded, and > > > > > (c) the time for making any appeal or further appeal against a court’s decision on the offence has not expired or the appeal has not been withdrawn, and > > > > > (d) a court has not made an order having the effect of granting a permanent stay of proceedings for the offence or any order so made ceases to have that effect. > > > (2) A reference in this Act to a person who has special legal qualifications is a reference to a person who is— > > > > > (a) qualified to be appointed as (but who is not) a Judge of the Supreme Court of the State or of any other State or Territory, a Judge of the Federal Court of Australia or a Justice of the High Court of Australia, or > > > > > (b) a former Judge or Justice of any court referred to in paragraph (a). > > **s 4:** Am 2013 No 74, Sch 3 \[1\]; 2014 No 82, Sch 1 \[1\] \[2\]; 2015 No 15, Sch 3.15 \[1\]; 2016 No 61, Sch 6.6 \[1\] \[2\]; 2022 No 14, Sch 8.3\[1\].