46Interpretation

#### 46 Interpretation 46 Interpretation > > (1) In this Part— > > > > adjoining occupier’s notice means a notice referred to in section 67B. > > > > digital evidence access order means an order issued under Division 4A. > > > > eligible applicant means— > > > > > (a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant—a person authorised under section 46C to apply for the covert search warrant, or > > > > > (b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant—a police officer authorised under section 46D to apply for the criminal organisation search warrant, or > > > > > (c) for a search warrant issued under Part 11, Division 1 for suspected drug premises or a digital evidence access order in connection with the search warrant—a police officer authorised under section 140 to apply for the search warrant, or > > > > > (c1) for a digital evidence access order in connection with a search warrant under the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023), section 38 or 45—an authorised officer under the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023), or > > > > > (d) for a digital evidence access order in connection with a search warrant under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), section 17(2)—an executive officer under that Act, or > > > > > (d1) for a digital evidence access order in connection with a search warrant under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035), section 40(1)—an officer of the Commission under that Act, or > > > > > (d2) for a digital evidence access order in connection with a search warrant under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 79—an authorised person within the meaning of that section, or > > > > > (e) for any other search warrant or a digital evidence access order in connection with the search warrant—any police officer. > > > > eligible issuing officer means— > > > > > (a) for a covert search warrant or a digital evidence access order in connection with the covert search warrant—an eligible Judge, or > > > > > (b) for a criminal organisation search warrant or a digital evidence access order in connection with the criminal organisation search warrant—an eligible Judge, or > > > > > (c) for a search warrant under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), section 17(2) or a digital evidence access order in connection with the search warrant—an authorised officer, or > > > > > (d) for any other search warrant or a digital evidence access order in connection with the search warrant—an authorised officer, or > > > > > (e) for a notice to produce issued under Division 3—an authorised officer. > > > > executing officer means— > > > > > (a) for a covert search warrant or a digital evidence access order in connection with a covert search warrant— > > > > > > > (i) any police officer, or > > > > > > > (ii) any member of staff of the Law Enforcement Conduct Commission if the applicant for the warrant was authorised under section 46C(1)(b) to make the application, or > > > > > > > (iii) a member of staff of the New South Wales Crime Commission if the applicant for the warrant was authorised under section 46C(1)(c) to make the application, or > > > > > (b) for a search warrant under the [Crime Commission Act 2012](/view/html/inforce/current/act-2012-066), section 17(2) or a digital evidence access order in connection with the search warrant—an officer of the Commission under that Act, or > > > > > (c) for any other warrant or a digital evidence access order in connection with the warrant—any police officer. > > > > indictable offence includes any act or omission which if done, or omitted to be done, in New South Wales would constitute an offence punishable on indictment. > > > > occupier’s notice means an occupier’s notice referred to in section 67. > > > > organised criminal activity—see section 46AA. > > > > searchable offence—see section 46A. > > > > subject premises, in relation to a warrant or an application for a warrant, means premises the subject of the warrant or the application (as the case may be). > > > > telephone crime scene warrant means a crime scene warrant that is a telephone warrant. > > > > telephone warrant means a warrant applied for by telephone as provided by section 61. > > > (2) A reference in this Part to an offence includes a reference to an offence that there are reasonable grounds for believing has been, is being, or is to be, committed (as the case requires). > > > (3) For the purposes of this Part, a thing is connected with a particular offence if it is— > > > > > (a) a thing with respect to which the offence has been committed, or > > > > > (b) a thing that will provide evidence of the commission of the offence, or > > > > > (c) a thing that was used, or is intended to be used, in or in connection with the commission of the offence. > > > (4) Nothing in this Part applies to or in respect of, or affects the exercise of any power under, a covert search warrant issued under the [Terrorism (Police Powers) Act 2002](/view/html/inforce/current/act-2002-115). > > **s 46:** Am 2005 No 103, Sch 5 \[2\]; 2009 No 8, Sch 1 \[3\] \[4\]; 2009 No 23, Sch 2 \[2\]–\[4\]; 2009 No 77, Sch 2.12 \[1\]; 2016 No 61, Sch 6.32 \[1\]; 2022 No 47, Sch 1\[2\]; 2023 No 13, sec 3(1); 2024 No 3, Sch 7\[1\] \[2\]; 2025 No 61, Sch 2.58\[3\].