5Definitions

#### 5 Definitions (1) In this Act: > ACC means the Australian Crime Commission. > ACLEI: see Australian Commission for Law Enforcement Integrity. > ACLEI corruption issue has the meaning given by section 8. > AFP means the Australian Federal Police. > against: a confiscation proceeding is against a person if: (a) for a proceeding under the Proceeds of Crime Act 2002—the person is a suspect (within the meaning of that Act) for the proceeding; or (b) for a proceeding under a law of a State or Territory—the person is in a corresponding category for that law. > Agriculture Department means the Department administered by the Minister administering the Primary Industries Levies and Charges Collection Act 1991. > Anti‑Money Laundering Act means the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006. > Assistant Integrity Commissioner means an Assistant Integrity Commissioner appointed under section 185. > assisting officer, in relation to a warrant for a person’s arrest or a search warrant, means: (a) a person who: (i) is an authorised officer or a member or special member of the AFP; and (ii) is assisting in executing the warrant; or (b) a person who: (i) is not an authorised officer; and (ii) is not a member or special member of the AFP; and (ii) has been authorised by the authorised officer who is executing the warrant to assist in executing the warrant. > AUSTRAC has the same meaning as in the Anti‑Money Laundering Act. > Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015. > Australian Commission for Law Enforcement Integrity or ACLEI means the Australian Commission for Law Enforcement Integrity established by section 195. > Australian travel document has the same meaning as in the Australian Passports Act 2005. > authorised officer means: (a) the Integrity Commissioner; or (b) a person authorised under section 140. > charged: a person is charged with an offence if a process for prosecuting the person for the offence commences. > civil penalty proceeding means a proceeding for a civil penalty in relation to a contravention of a law of the Commonwealth or of a State or Territory. > civil penalty provision means a provision of a law of the Commonwealth or of a State or Territory in relation to a contravention of which a civil penalty may be imposed. > Commonwealth government agency means: (a) a Department of the Commonwealth; or (b) a body (whether incorporated or not) established for a public purpose by, or under, a law of the Commonwealth. > confiscation proceeding means a proceeding under: (a) the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002; or (b) a corresponding law within the meaning of either of those Acts; but does not include a criminal prosecution for an offence under either of those Acts or a corresponding law. > constable means: (a) a member or special member of the AFP; or (b) a member of the police force or police service of a State or Territory. > contravene a certificate issued under section 149 has the meaning given by subsection (4). > corrupt conduct: see engages in corrupt conduct. > corruption investigation means: (a) an investigation of a corruption issue under this Act; or (b) an investigation of an ACLEI corruption issue under this Act (including a special investigation). > corruption issue has the meaning given by section 7. > criminal proceeding means: (a) a prosecution for an offence against a law of the Commonwealth or of a State or Territory; or (b) a confiscation proceeding. > data has the same meaning as in Part IAA of the Crimes Act 1914. > data held in a computer has the same meaning as in Part IAA of the Crimes Act 1914. > data storage device has the same meaning as in Part IAA of the Crimes Act 1914. > derivative material means any evidence, information, document or thing obtained directly or indirectly from hearing material. > disciplinary proceeding: (a) means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and (b) includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979. > disclose, for hearing material or derivative material, includes: (a) to make available; and (b) to disclose copies, contents or descriptions of that material. > eligible seizable item means anything that: (a) would present a danger to a person; or (b) could be used to assist a person to escape from lawful custody. > employee of a government agency has a meaning affected by subsection (5). > engage in conduct means: (a) do an act; or (b) omit to do an act. > engages in corrupt conduct has the meaning given by section 6. > evidential material means: (a) in relation to an investigation warrant—a thing that may be relevant to: (i) a corruption investigation; or (ii) a public inquiry; or (b) in relation to an offence warrant—a thing relevant to an offence against a law of the Commonwealth. > Federal Court means the Federal Court of Australia. > former NCA means the National Crime Authority established under section 7 of the former NCA Act. > former NCA Act means the National Crime Authority Act 1984 (as in force at any time before the commencement of Schedule 1 to the Australian Crime Commission Establishment Act 2002). > frisk search has the same meaning as in Part IAA of the Crimes Act 1914. > government agency means: (a) a Department of the Commonwealth or of a State or Territory; or (b) a body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth or of a State or Territory. > head of a government agency means: (a) if the agency is the AFP—the Commissioner (within the meaning of the Australian Federal Police Act 1979); or (b) if the agency is the ACC—the CEO of the ACC (within the meaning of the Australian Crime Commission Act 2002); or (ba) if the agency is the Immigration and Border Protection Department—the Secretary of that Department; or (bb) if the agency is AUSTRAC—the AUSTRAC CEO (within the meaning of the Anti‑Money Laundering Act); or (bd) if the agency is the Agriculture Department—the Secretary of the Agriculture Department; (c) if the agency is a Commonwealth government agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency—the person holding the office in the agency that is prescribed by the regulations for the purposes of this definition; or (d) if the agency is another Commonwealth government agency: (i) in the case of a Department of the Commonwealth—the Secretary of the Department; or (ii) in the case of a body established for a public purpose—the person holding, or performing the duties of, the principal office in respect of the body; or (e) if the agency is a State or Territory government agency—the person holding, or performing the duties of, the principal office in respect of the agency. > hearing material has the meaning given by subsection 8A(1). > IGIS official means: (a) the Inspector‑General of Intelligence and Security; or (b) any other person covered by subsection 32(1) of the Inspector‑General of Intelligence and Security Act 1986. > Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015. > imminent: (a) a charge against a person is imminent if: (i) the person is a protected suspect; or (ii) the person is under arrest for an offence, but has not been charged with the offence; or (iii) a person with authority to commence a process for prosecuting the person for an offence has decided to commence, but not yet commenced, the process; or (b) a confiscation proceeding against a person is imminent if a person with authority to commence the proceeding has decided to commence, but has not yet commenced, the proceeding. > Note: Subparagraph (a)(iii) applies, for example, if a person with authority to lay the charge has decided to lay, but not yet laid, the charge. > in contempt of ACLEI has the meaning given by section 96A. > integrity agency for a State or Territory means an agency that: (a) is established by the law of the State or Territory for purposes that include the purpose of investigating corruption in the police force of the State or Territory; and (b) is prescribed for the purposes of this definition. > Integrity Commissioner means the Integrity Commissioner appointed under section 175. > Inter‑Governmental Committee means the Inter‑Governmental Committee established by section 8 of the Australian Crime Commission Act 2002. > investigation warrant means a warrant to search for a thing that may be relevant to: (a) a corruption investigation; or (b) a public inquiry. > issuing officer means: (a) for an investigation warrant: (i) a Judge of the Federal Court of Australia sitting in Chambers; or (ia) a Judge of the Federal Circuit and Family Court of Australia (Division 2) sitting in Chambers; or (ii) a Judge of a court of a State or Territory; or (b) for an offence warrant—a magistrate. > law enforcement agency means: (a) the AFP; or (b) the ACC; or (ba) the Immigration and Border Protection Department; or (bb) AUSTRAC; or (bd) the Agriculture Department; or (c) the former NCA; or (d) any other Commonwealth government agency that: (i) has a law enforcement function; and (ii) is prescribed by the regulations for the purposes of this paragraph. > law enforcement function means any of the following functions: (a) investigating whether: (i) an offence has been committed against a law of the Commonwealth; or (ii) there has been a contravention of a law of the Commonwealth in relation to which civil penalty proceedings may be brought; (b) preparing the material necessary to prosecute a person for an offence against a law of the Commonwealth; (c) preparing the material necessary to bring civil penalty proceedings against a person for a contravention of a law of the Commonwealth; (d) collecting, maintaining, correlating, analysing, accessing or distributing information for the purpose of assisting the enforcement of laws of the Commonwealth; (e) assisting in carrying out a function referred to in paragraphs (a) to (d). > law enforcement secrecy provision means: (a) Part 11 of the Anti‑Money Laundering Act; or (b) sections 45 and 45B of the Surveillance Devices Act 2004; or (c) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979 and clause 152 of Schedule 1 to that Act; or (d) anything done under a provision referred to in paragraphs (a) to (c). > legal aid officer means: (a) a member, or member of staff, of an authority established by or under a law of a State or Territory for purposes that include providing legal assistance; or (b) a person to whom the Attorney‑General has delegated his or her powers and functions under section 103. > legal practitioner means a barrister, a solicitor, a barrister and solicitor or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory. > magistrate means a magistrate who is remunerated by salary or otherwise, and includes a Judge, or acting Judge, of the Local Court of the Northern Territory. > manage an investigation of a corruption issue by a law enforcement agency has the meaning given by section 61. > nominated contact of a law enforcement agency for an investigation of a corruption issue means: (a) a staff member of the agency nominated under section 60 as the nominated contact for the investigation; or (b) if a staff member is not nominated—the head of the agency. > occupier of premises means the person apparently in charge of the premises. > offence warrant means a warrant to search for a thing relevant to an offence against a law of the Commonwealth. > official matter means any of the following (whether past, present or contingent): (a) a corruption investigation; (b) a hearing held by the Integrity Commissioner or a special investigator in relation to a corruption investigation; (c) court proceedings. > ordinary search means a search of a person or of articles in the possession of a person that may include: (a) requiring the person to remove his or her overcoat, coat or jacket or any gloves, shoes or hat; and (b) an examination of those items. > oversee an investigation of a corruption issue by a law enforcement agency has the meaning given by section 62. > post‑charge: (a) a use or disclosure of hearing material or derivative material is a post‑charge use or disclosure if the use or disclosure happens at a time when: (i) the witness has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (b) material is post‑charge hearing material if the material becomes hearing material at a time when: (i) the witness has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (c) a hearing is a post‑charge hearing if the hearing commences at a time when: (i) the witness has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent; or (d) a summons is a post‑charge summons if the summons is issued to a person at a time when: (i) the person has been charged with a related offence and that charge is still to be resolved; or (ii) such a charge is imminent. > post‑confiscation application: (a) a use or disclosure of hearing material or derivative material is a post‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (b) material is post‑confiscation application hearing material if the material becomes hearing material at a time when: (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (c) a hearing is a post‑confiscation application hearing if the hearing commences at a time when: (i) a related confiscation proceeding has commenced against the witness and that proceeding is still to be resolved; or (ii) such a proceeding is imminent; or (d) a summons is a post‑confiscation application summons if the summons is issued to a person at a time when: (i) a related confiscation proceeding has commenced against the person and that proceeding is still to be resolved; or (ii) such a proceeding is imminent. > pre‑charge: (a) a use or disclosure of hearing material or derivative material is a pre‑charge use or disclosure if the use or disclosure happens at a time when: (i) the witness has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (b) material is pre‑charge hearing material if the material becomes hearing material at a time when: (i) the witness has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved; or (c) a hearing is a pre‑charge hearing if the hearing commences at a time when: (i) the witness has not been charged with a related offence, and such a charge is not imminent; or (ii) all such charges have been resolved. > pre‑confiscation application: (a) a use or disclosure of hearing material or derivative material is a pre‑confiscation application use or disclosure if the use or disclosure happens at a time when: (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (b) material is pre‑confiscation application hearing material if the material becomes hearing material at a time when: (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved; or (c) a hearing is a pre‑confiscation application hearing if the hearing commences at a time when: (i) a related confiscation proceeding has not commenced against the witness, and such a proceeding is not imminent; or (ii) all such proceedings have been resolved. > premises includes a place, vehicle, vessel and aircraft. > proceeds of crime authority means: (a) a proceeds of crime authority within the meaning of the Proceeds of Crime Act 2002; or (b) an authority of a State or Territory responsible for conducting a confiscation proceeding under a corresponding law (within the meaning of the Proceeds of Crime Act 2002). > prosecuting authority means an individual, or authority, authorised by or under a law of the Commonwealth or of a State or Territory to prosecute an offence. > prosecutor, of a witness, means an individual: (a) who is a prosecuting authority or is employed or engaged by a prosecuting authority; and (b) who: (i) makes, or is involved in the making of, a decision whether to prosecute the witness for a related offence; or (ii) is one of the individuals engaging in such a prosecution of the witness. > protected suspect means: (a) a protected suspect (within the meaning of Part IC of the Crimes Act 1914); or (b) a person who would be covered by paragraph (a) if the definition of Commonwealth offence in section 23B of that Act included any offence against a law of a State or Territory. > public inquiry means a public inquiry conducted by the Integrity Commissioner under Part 8. > refer, in relation to an allegation or information, has the meaning given by subsections (2) and (3). > related confiscation proceeding means: (a) for hearing material, derivative material or a witness—a confiscation proceeding if the subject matter of the relevant hearing relates to the subject matter of the proceeding; or (b) for a summons—a confiscation proceeding if the subject matter of the summons relates to the subject matter of the proceeding. > related offence means: (a) for hearing material, derivative material or a witness—an offence if the subject matter of the relevant hearing relates to the subject matter of the offence; or (b) for a summons—an offence if the subject matter of the summons relates to the subject matter of the offence. > resolved has the meaning given by section 8B. > responsible Minister for a Commonwealth government agency means: (a) if the agency is established or continued in existence by an Act—the Minister administering that Act; or (b) in any other case—the Minister having general responsibility for the activities of the agency. > search warrant means an investigation warrant, or an offence warrant, that is issued under section 109: (a) to search premises; or (b) to carry out an ordinary search, or frisk search, of a person. > secondee: (a) in relation to a law enforcement agency—has the meaning given by subsection 10(5); and (b) in relation to ACLEI—has the meaning given by subsection 11(2). > secrecy provision means: (a) a provision of a law of the Commonwealth that purports to prohibit; or (b) anything done, under a provision of a law of the Commonwealth, to prohibit; the communication, divulging or publication of information, the production of, or the publication of the contents of, a document, or the production of a thing. > section 149 certified information means: (a) information about a matter specified in a certificate in force under section 149; or (b) information contained in a document specified in a certificate in force under section 149. > sensitive information means information the disclosure of which: (a) could prejudice: (i) the security, defence or international relations of Australia; or (ii) relations between the Commonwealth Government and the Government of a State or between the Government of a State and the Government of another State; or (b) would involve disclosing: (i) deliberations or decisions of the Cabinet, or of a Committee of the Cabinet, of the Commonwealth or of a State; or (ii) deliberations or advice of the Federal Executive Council or the Executive Council of a State or the Northern Territory; or (iii) deliberations or decisions of the Australian Capital Territory Executive or of a committee of that Executive; or (c) could reveal, or enable a person to ascertain, the existence or identity of a confidential source of information in relation to: (i) the enforcement of the criminal law of the Commonwealth, a State or Territory or a foreign country; or (ii) a corruption investigation; or (iii) a public inquiry under this Act; or (d) could endanger a person’s life or physical safety; or (e) could prejudice the protection of public safety; or (f) could prejudice the fair trial of a person or the impartial adjudication of a matter; or (g) could prejudice the proper enforcement of the law (including through corruption investigations); or (h) would involve disclosing information whose disclosure is prohibited (absolutely or subject to qualifications) by or under another law of the Commonwealth; or (i) would involve unreasonably disclosing a person’s personal affairs; or (j) would involve unreasonably disclosing confidential commercial information. > serious corruption means corrupt conduct engaged in by a staff member of a law enforcement agency that could result in the staff member being charged with an offence punishable, on conviction, by a term of imprisonment for 12 months or more. > significant corruption issue means: (a) a corruption issue relating to serious corruption or systemic corruption, unless the corruption issue relates to a law enforcement agency for which an agreement under subsection 17(1) is in force; or (b) a corruption issue that: (i) relates to a law enforcement agency; and (ii) is of a kind agreed under subsection 17(1) to be a significant corruption issue in relation to staff members of the agency; or (c) a corruption issue of a kind that is prescribed by the regulations for the purposes of this paragraph. > special investigation means a special investigation of an ACLEI corruption issue conducted under Division 4 of Part 12. > special investigator means a person conducting a special investigation. > staff member: (a) in relation to a law enforcement agency—has the meaning given by subsections 10(1) to (5); and (b) in relation to ACLEI—has the meaning given by subsection 11(1). > State or Territory government agency means: (a) a Department of a State or Territory; or (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory. > strip search has the same meaning as in Part IAA of the Crimes Act 1914. > systemic corruption means instances of corrupt conduct (which may or may not constitute serious corruption) that reveal a pattern of corrupt conduct in a law enforcement agency or in law enforcement agencies. > taxation secrecy provision means a secrecy provision that is a provision of a taxation law within the meaning of the Taxation Administration Act 1953. > thing relevant to an indictable offence has the same meaning as in the Crimes Act 1914. > use, for hearing material or derivative material, includes use of copies, contents or descriptions of that material. > witness, for a hearing under Part 9, hearing material or derivative material, has the meaning given by subsection 8A(3). (2) A reference in this Act to a person referring an allegation includes a reference to the person making the allegation. (3) A reference in this Act to a person referring information includes a reference to the person giving information. (4) For the purposes of this Act, a disclosure contravenes a certificate issued under section 149 if the disclosure would be contrary to the public interest according to the terms of the certificate. (5) A reference in this Act to a person being an employee of a government agency includes a reference to a person being a member of a police force of a State or Territory.