sec.351Definitions for div 1

### sec.351 Definitions for div 1 In this division— protected information means— any information obtained from the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or any information relating to— an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or an application for approval of powers exercised under an emergency authorisation; or an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation. relevant offence means an offence against a law of this jurisdiction that is— a three year imprisonment offence; or an offence included in schedule 3 . relevant proceeding means any of the following— the prosecution of a relevant offence; a bail application, or a review of a decision to grant or refuse bail, in relation to a relevant offence; a proceeding with a view to the committal of a person for trial for a relevant offence; an application for the exercise of a power in relation to a relevant offence— to a court or judicial officer; or by a law enforcement officer to anyone under this chapter; a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence; a proceeding under the Confiscation Act or a corresponding law as defined under that Act for— the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or a serious drug offender confiscation order; or a special forfeiture order; a proceeding for the protection of a child or a person with an impairment of the mind; a proceeding about the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; a disciplinary proceeding against a public officer; a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence; a proceeding under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 13 , in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding for which the maximum penalty is at least 3 years imprisonment or imprisonment for life; a proceeding for the taking of evidence under the Extradition Act 1988 (Cwlth) , section 43 , in so far as the proceeding relates to a relevant offence; a proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence; a proceeding under the International War Crimes Tribunals Act 1995 (Cwlth) , part 4 , division 1 ; a proceeding of the International Criminal Court. s 351 def relevant proceeding amd 2008 No. 55 s 150 sch ; 2013 No. 21 s 70 s 351 ins 2005 No. 45 s 12 - (a) any information obtained from the use of a surveillance device under a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or - (b) any information relating to— (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or (ii) an application for approval of powers exercised under an emergency authorisation; or (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation. - (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or - (ii) an application for approval of powers exercised under an emergency authorisation; or - (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation. - (i) an application for, issue of, variation of, existence of or expiry or revocation of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or - (ii) an application for approval of powers exercised under an emergency authorisation; or - (iii) an application under a corresponding law for approval of powers exercised under a corresponding emergency authorisation. - (a) a three year imprisonment offence; or - (b) an offence included in schedule 3 . - (a) the prosecution of a relevant offence; - (b) a bail application, or a review of a decision to grant or refuse bail, in relation to a relevant offence; - (c) a proceeding with a view to the committal of a person for trial for a relevant offence; - (d) an application for the exercise of a power in relation to a relevant offence— (i) to a court or judicial officer; or (ii) by a law enforcement officer to anyone under this chapter; - (i) to a court or judicial officer; or - (ii) by a law enforcement officer to anyone under this chapter; - (e) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence; - (f) a proceeding under the Confiscation Act or a corresponding law as defined under that Act for— (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or (ii) a serious drug offender confiscation order; or (iii) a special forfeiture order; - (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or - (ii) a serious drug offender confiscation order; or - (iii) a special forfeiture order; - (g) a proceeding for the protection of a child or a person with an impairment of the mind; - (h) a proceeding about the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; - (i) a disciplinary proceeding against a public officer; - (j) a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence; - (k) a proceeding under the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) , section 13 , in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding for which the maximum penalty is at least 3 years imprisonment or imprisonment for life; - (l) a proceeding for the taking of evidence under the Extradition Act 1988 (Cwlth) , section 43 , in so far as the proceeding relates to a relevant offence; - (m) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence; - (n) a proceeding under the International War Crimes Tribunals Act 1995 (Cwlth) , part 4 , division 1 ; - (o) a proceeding of the International Criminal Court. - (i) to a court or judicial officer; or - (ii) by a law enforcement officer to anyone under this chapter; - (i) the confiscation, forfeiture or restraint of property or for a pecuniary penalty order, an unexplained wealth order or a proceeds assessment order in connection with a serious crime related activity as defined under that Act; or - (ii) a serious drug offender confiscation order; or - (iii) a special forfeiture order;