4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > acquire an assumed identity, means acquire evidence of the identity and includes taking steps towards acquiring evidence of the identity. > > > > Australian Crime Commission means the Australian Crime Commission established by the [Australian Crime Commission Act 2002](http://www.legislation.gov.au/) of the Commonwealth. > > > > authorised civilian means a person (other than a law enforcement officer) who is authorised under an authority to acquire or use an assumed identity. > > > > authorised officer means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity. > > > > authorised person means— > > > > > (a) an authorised civilian, or > > > > > (b) an authorised officer. > > > > authority means an authority granted under section 6 to acquire and use an assumed identity, including the authority as varied under section 9. > > > > chief officer of a law enforcement agency means the person for the time being holding office or acting as— > > > > > (a) in relation to the NSW Police Force, the Commissioner of Police, or > > > > > (b) in relation to the Independent Commission Against Corruption, the Chief Commissioner of that Commission, or > > > > > (c) in relation to the New South Wales Crime Commission, the Commissioner for that Commission, or > > > > > (d) in relation to the Law Enforcement Conduct Commission, the Chief Commissioner of that Commission, or > > > > > (e) in relation to Corrective Services NSW, the Commissioner of Corrective Services, or > > > > > (f) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission, or > > > > > (g) in relation to an agency prescribed by the regulations as a law enforcement agency for the purposes of this Act, the officer prescribed by the regulations as the chief executive officer of the agency. > > > > chief officer of an issuing agency means the chief officer (however described) of the agency. > > > > conduct includes any act or omission. > > > > corresponding authority means— > > > > > (a) an authority under a corresponding law to acquire or use an assumed identity in this jurisdiction, or > > > > > (b) an authority under a corresponding law to request the production of evidence of an assumed identity in this jurisdiction. > > > > corresponding law means a law of another jurisdiction that corresponds to this Act or a provision of this Act (as the case may be), and includes a law of another jurisdiction that is declared by the regulations to correspond to this Act or a provision of this Act. > > > > criminal activity means conduct that involves the commission of an offence by one or more persons. > > > > doing a thing includes failing to do the thing. > > > > evidence of identity means a document or other thing (such as a driver licence, birth certificate, credit card or identity card) that evidences or indicates, or can be used to evidence or indicate, a person’s identity or any aspect of a person’s identity. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority or duty. > > > > government issuing agency, in relation to an authority, means an entity that— > > > > > (a) is named in the authority, and > > > > > (b) issues evidence of identity as part of performing any function of the Government of the State. > > > > Note— > > > > Government issuing agencies may include entities such as Transport for NSW and the NSW Police Force. > > > > issuing agency means— > > > > > (a) a government issuing agency, or > > > > > (b) a non-government issuing agency. > > > > jurisdiction means the Commonwealth or a State or Territory of the Commonwealth. > > > > law enforcement agency means the following— > > > > > (a) the NSW Police Force, > > > > > (b) the Independent Commission Against Corruption, > > > > > (c) the New South Wales Crime Commission, > > > > > (d) the Law Enforcement Conduct Commission, > > > > > (e) Corrective Services NSW, > > > > > (f) the Australian Crime Commission, > > > > > (g) such of the following agencies as may be prescribed by the regulations as law enforcement agencies for the purposes of this Act— > > > > > > > (i) the Australian Federal Police, > > > > > > > (ii) the Australian Security Intelligence Organisation, > > > > > > > (iii) the Australian Secret Intelligence Service, > > > > > > > (iv) the Department of Home Affairs, > > > > > > > (v) the Australian Taxation Office. > > > > law enforcement officer means the following— > > > > > (a) in relation to the NSW Police Force, a member of the NSW Police Force, > > > > > (b) in relation to the Independent Commission Against Corruption, an officer of the Commission (within the meaning of the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035)), > > > > > (c) in relation to the New South Wales Crime Commission, an officer of the Commission (within the meaning of the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066)), > > > > > (d) in relation to the Law Enforcement Conduct Commission, an officer of the Commission (within the meaning of the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061)), > > > > > (e) in relation to Corrective Services NSW, a correctional officer (within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093)), > > > > > (f) in relation to the Australian Crime Commission, a member of the staff of the Australian Crime Commission (within the meaning of the [Australian Crime Commission Act 2002](http://www.legislation.gov.au/) of the Commonwealth), > > > > > (g) in relation to an agency prescribed by the regulations as a law enforcement agency for the purposes of this Act, such members, officers or employees or class of members, officers or employees as may be prescribed by the regulations as law enforcement officers for the purposes of this Act in relation to that agency, > > > > and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction. > > However, (despite the above) the term does not include the chief officer of a law enforcement agency. > > > > non-government issuing agency, in relation to an authority, means an entity, other than a government issuing agency, that— > > > > > (a) is named in the authority, and > > > > > (b) issues evidence of identity. > > > > Note— > > > > Non-government issuing agencies may include entities such as banking institutions and registered clubs. > > > > officer of an agency includes a person employed or engaged in the agency. > > > > participating jurisdiction means a jurisdiction in which a corresponding law is in force. > > > > Registrar means the Registrar of Births, Deaths and Marriages. > > > > supervisor of an authorised civilian means the law enforcement officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian. > > > > this jurisdiction means New South Wales. > > > > use an assumed identity includes representing (whether expressly or impliedly, or by saying or doing something) the identity to be real when it is not. > > > > witness protection program means a witness protection program established and maintained under the [Witness Protection Act 1995](/view/html/inforce/current/act-1995-087). > > > > 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) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2011 No 41, Sch 5.15; 2012 No 66, Sch 5.7; 2016 No 61, Sch 6.29 \[1\]–\[3\]; 2016 No 65, Sch 3.6 \[1\]; 2020 No 30, Sch 4.33; 2024 No 82, Sch 2.9.