NSWIn ForceAct
Independent Commission Against Corruption Act 1988
3Definitions
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#### 3 Definitions
3 Definitions
> > (1) In this Act—
> >
> > Assistant Commissioner means an Assistant Commissioner of the Commission appointed under section 6A.
> >
> > Assistant Inspector means an Assistant Inspector of the Independent Commission Against Corruption, appointed under this Act.
> >
> > 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).
> >
> > Chief Commissioner means the Chief Commissioner of the Commission appointed under section 5.
> >
> > Chief Executive Officer means the Chief Executive Officer of the Commission appointed under section 104.
> >
> > Commission means the Independent Commission Against Corruption constituted by this Act.
> >
> > Commissioner means the Chief Commissioner or other Commissioner of the Commission appointed under section 5.
> >
> > compulsory examination means a compulsory examination under this Act.
> >
> > conduct includes neglect, failure and inaction.
> >
> > corrupt conduct has the meaning given by Part 3.
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> > Inspector means the Inspector of the Independent Commission Against Corruption, appointed under this Act.
> >
> > investigate includes examine.
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> > investigation means an investigation under this Act, and (without limitation) includes a preliminary investigation referred to in section 20A.
> >
> > Joint Committee means the joint committee called the Committee on the Independent Commission Against Corruption, constituted under this Act.
> >
> > local government authority means a council, a county council or a joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) or any person or body exercising all or any of the functions of such a council, county council or joint organisation.
> >
> > medical practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).
> >
> > member of staff of the Commission means—
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> > > (a) a member of staff appointed by the Chief Commissioner under section 104, or
> >
> > > (b) a person whose services are made use of under section 104A or who performs services for the Commission under that section.
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> > officer of the Commission means—
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> > > (a) a Commissioner, or
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> > > (b) an Assistant Commissioner, or
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> > > (c) a member of staff of the Commission, or
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> > > (d) a person engaged by the Commission under section 104B to provide the Commission with services, information or advice.
> >
> > officer of the Inspector means the Inspector or a member of staff of the Inspector.
> >
> > premises includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not), and any part thereof.
> >
> > psychologist has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a).
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> > public authority includes the following—
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> > > (a) a Public Service agency or any other government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),
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> > > (b) a statutory body representing the Crown,
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> > > (c) (Repealed)
> >
> > > (d) an auditable entity within the meaning of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152),
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> > > (e) a local government authority,
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> > > (f) the NSW Police Force,
> >
> > > (g) a body, or the holder of an office, declared by the regulations to be a body or office within this definition.
> >
> > public inquiry means a public inquiry under this Act.
> >
> > public official means an individual having public official functions or acting in a public official capacity, and includes any of the following—
> >
> > > (a) the Governor (whether or not acting with the advice of the Executive Council),
> >
> > > (b) a person appointed to an office by the Governor,
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> > > (c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,
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> > > (d) a member of the Legislative Council or of the Legislative Assembly,
> >
> > > (e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,
> >
> > > (e1) a person employed under the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041),
> >
> > > (f) a judge or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),
> >
> > > (g) a person employed in a Public Service agency or any other government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),
> >
> > > (h) an individual who constitutes or is a member of a public authority,
> >
> > > (i) a person in the service of the Crown or of a public authority,
> >
> > > (j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of public authority is kept, of attending meetings or carrying out the business of any body constituted by an Act,
> >
> > > (k) a member of the NSW Police Force,
> >
> > > (k1) an accreditation authority or a registered certifier within the meaning of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063),
> >
> > > (k2) an auditor within the meaning of the [Water Industry Competition Act 2006](/view/html/inforce/current/act-2006-104),
> >
> > > (l) the holder of an office declared by the regulations to be an office within this definition,
> >
> > > (m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.
> >
> > search warrant means a search warrant issued under this Act.
> >
> > task force includes a body of persons that is similar to a task force, however the body is described.
> >
> > 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.
>
> > (2) 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.
>
> > (3) Notes included in this Act do not form part of this Act.
>
> **s 3:** Am 1995 No 11, Sch 1; 1996 No 29, Sch 3 (1) (2); 1997 No 152, Sch 4.17; 2001 No 121, Sch 2.125 \[1\]; 2002 No 103, Sch 4.47 \[1\]; 2004 No 114, Sch 2.9 \[1\] \[2\]; 2005 No 10, Sch 1 \[2\]–\[4\]; 2006 No 2, Sch 5.5 \[1\] \[2\]; 2006 No 120, Sch 3.12 \[1\]; 2011 No 62, Sch 3.14 \[1\]; 2013 No 41, Sch 3.3; 2013 No 72, Sch 2 \[1\]; 2014 No 33, Sch 3.14 \[1\] \[2\]; 2016 No 65, Sch 1 \[1\]–\[3\]; 2017 No 65, Sch 2.13 \[1\] \[2\]; 2018 No 63, Sch 3.7; 2018 No 70, Sch 4.54; 2021 No 26, Sch 2.6; 2022 No 14, Sch 4\[1\]; 2025 No 61, Sch 2.51\[1\].