sec.322Definitions for ch 13

### sec.322 Definitions for ch 13 In this chapter— computer means any electronic device for storing or processing information. corresponding emergency authorisation means an authorisation in the nature of an emergency authorisation given under the provisions of a corresponding law whether or not the emergency authorisation is of a kind that may be issued under this chapter. corresponding warrant means a warrant in the nature of a surveillance device warrant or retrieval warrant issued under the provisions of a corresponding law in relation to a relevant offence under a corresponding law. s 322 def corresponding warrant amd 2016 No. 62 s 493 s ch 1 pt 1 data surveillance device means any device or program capable of being used to record or monitor the input of information into or the output of information from a computer, but does not include an optical surveillance device. device includes instrument, apparatus and equipment. disciplinary proceeding means a proceeding of a disciplinary nature under a law of any jurisdiction or of the Commonwealth. emergency authorisation ... s 322 def emergency authorisation om 2017 No. 30 s 5 (1) enhancement equipment , in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the surveillance device. inspection entity , for a law enforcement agency other than the ACC, means— for the police service—the public interest monitor; or for the CCC—the parliamentary commissioner. For inspection requirements for the ACC, see the Surveillance Devices Act 2004 (Cwlth) , section 55 . s 322 def inspection entity amd 2005 No. 45 s 44 (1) – (2) ; 2014 No. 21 s 94 (2) sch 2 install includes attach. maintain , in relation to a surveillance device, includes— adjust, relocate, repair or service the device; and replace a faulty device. optical surveillance device means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment. place does not include a vehicle. s 322 def place ins 2017 No. 30 s 5 (2) premises — includes a place; and for parts 2 , 3 and 5 —includes premises or a place outside this jurisdiction; and does not include a vehicle. s 322 def premises sub 2017 No. 30 s 5 (1) – (2) protected information , for part 5 , division 1 , see section 351 . public officer means a person employed by, or holding an office established by or under a law of, this jurisdiction or a person employed by a public authority of this jurisdiction, and includes a law enforcement officer. record includes— an audio, visual or audiovisual record; and a record in digital form; and a documentary record prepared from a record mentioned in paragraph (a) or (b) . relevant offence means— generally, see section 323 ; or for part 5 , division 1 , see section 351 . relevant proceeding , for part 5 , division 1 , see section 351 . remote application for a warrant, means an application under section 800 in relation to a warrant. report of a conversation or activity, includes a report of the substance, meaning or purport of the conversation or activity. retrieval warrant ... s 322 def retrieval warrant om 2017 No. 30 s 5 (1) senior officer means— for the police service—a police officer of at least the rank of inspector; or for the CCC—an authorised commission officer; or for the ACC—a member of staff of the ACC who is an SES employee within the meaning of the Public Service Act 1999 (Cwlth) . s 322 def senior officer amd 2005 No. 45 s 44 (3) ; 2014 No. 21 s 94 (2) sch 2 surveillance device means— a data surveillance device, a listening device, an optical surveillance device or a tracking device; or a device that is a combination of any 2 or more of the devices mentioned in paragraph (a) . surveillance device warrant ... s 322 def surveillance device warrant om 2017 No. 30 s 5 (1) three year imprisonment offence ... s 322 def three year imprisonment offence om 2026 No. 4 s 27 tracking device means any electronic device capable of being used to find or monitor the geographical location of a person, vehicle or object. s 322 def tracking device amd 2017 No. 30 s 5 (3) use of a surveillance device includes use of the device to record a conversation or other activity. warrant means surveillance device warrant or retrieval warrant. s 322 ins 2005 No. 45 s 12 - (a) for the police service—the public interest monitor; or - (b) for the CCC—the parliamentary commissioner. - (a) adjust, relocate, repair or service the device; and - (b) replace a faulty device. - (a) includes a place; and - (b) for parts 2 , 3 and 5 —includes premises or a place outside this jurisdiction; and - (c) does not include a vehicle. - (a) an audio, visual or audiovisual record; and - (b) a record in digital form; and - (c) a documentary record prepared from a record mentioned in paragraph (a) or (b) . - (a) generally, see section 323 ; or - (b) for part 5 , division 1 , see section 351 . - (a) for the police service—a police officer of at least the rank of inspector; or - (b) for the CCC—an authorised commission officer; or - (c) for the ACC—a member of staff of the ACC who is an SES employee within the meaning of the Public Service Act 1999 (Cwlth) . - (a) a data surveillance device, a listening device, an optical surveillance device or a tracking device; or - (b) a device that is a combination of any 2 or more of the devices mentioned in paragraph (a) .