3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *AFP member* inserted by No. 32/2018 s. 4(1). ***AFP member*** has the same meaning as in Part 5.3 of the Criminal Code of the Commonwealth; S. 3(1) def. of *Assistant Commis-sioner* substituted by No. 30/2006 s. 4(1)(a). ***Assistant Commissioner*** means an Assistant Commissioner of Police for Victoria; S. 3(1) def. of *authorised police officer* inserted by No. 32/2018 s. 4(1). ***authorised police officer*** means a police officer appointed by the Chief Commissioner under subsection (2); S. 3(1) def. of *Chief Commis-sioner* substituted by No. 30/2006 s. 4(1)(b). ***Chief Commissioner*** means the Chief Commissioner of Police for Victoria; S. 3(1) def. of *child* inserted by No. 32/2018 s. 4(1). ***child*** means a person under 18 years of age; S. 3(1) def. of *Commission for Children and Young People* inserted by No. 32/2018 s. 4(1). ***Commission for Children and Young People*** means the Commission established by section 6 of the **Commission for Children and Young People Act 2012**; S. 3(1) def. of *Common-wealth control order* inserted by No. 32/2018 s. 4(1). ***Commonwealth control order*** has the same meaning as ***control order*** has in Part 5.3 of the Criminal Code of the Commonwealth; S. 3(1) def. of *correspond-ing preventative detention law* inserted by No. 32/2018 s. 4(1), amended by No. 47/2021 s. 20. ***corresponding preventative detention law*** means— (a) Division 105 of the Criminal Code of the Commonwealth; or (b) a law of another State or of a Territory, or particular provisions of a law of another State or of a Territory, that— (i) corresponds or correspond to Part 2AA or Part 2A; or (ii) is or are prescribed; S. 3(1) def. of *counter-terrorism information* repealed by No. 32/2018 s. 64(b). S. 3(1) def. of *counter-terrorism intelligence* inserted by No. 32/2018 s. 64(a). ***counter-terrorism intelligence*** means any information, document or other thing relating to a terrorist act or suspected terrorist act in Victoria or elsewhere, the disclosure of which could reasonably be expected to— (a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or (b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or (c) endanger a person's life or physical safety; or (d) threaten significant damage to infrastructure or other property; or (e) prejudice national security; S. 3(1) def. of *counter-terrorism intelligence protection order* inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(1). ***counter-terrorism intelligence protection order*** has the meaning given in section 25(1B); S. 3(1) def. of *declared essential service* repealed by No. 76/2014 s. 8(2)(a). S. 3(1) def. of *Deputy Commis-sioner* substituted by No. 30/2006 s. 4(1)(c). ***Deputy Commissioner*** means a Deputy Commissioner of Police for Victoria; S. 3(1) def. of *essential service* substituted by No. 76/2014 s. 8(2)(b). ***essential service*** has the same meaning as it has in section 74B of the **Emergency Management Act 2013**; S. 3(1) def. of *family member* inserted by No. 32/2018 s. 4(1). ***family member*** of a person means— (a) the person's spouse, de facto spouse or same‑sex partner; or (b) a parent, step‑parent or grandparent of the person; or (c) a child, step‑child or grandchild of the person; or (d) a brother, sister, step‑brother or step‑sister of the person; or (e) a guardian or carer of the person; S. 3(1) def. of *IBAC* inserted by No. 32/2018 s. 4(1). ***IBAC*** has the same meaning as in the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 3(1) def. of *IBAC Com-missioner* inserted by No. 32/2018 s. 4(1). ***IBAC Commissioner*** means the ***Commissioner*** within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; S. 3(1) def. of *identification material* inserted by No. 32/2018 s. 4(1). ***identification material***, in relation to a person, means— (a) samples taken from a part of the person's body from which a DNA profile may be derived; or (b) prints of the person's hands, fingers, feet or toes; or (c) recordings of the person's voice, or (d) samples of the person's handwriting; or (e) photographs (including video recordings other than video recordings made in the ordinary course of operation of a security camera fitted at, or in the immediate vicinity of, a place where the person is being detained under Part 2AA or a preventative detention order) of the person; S. 3(1) def. of *Integrity Oversight Victoria* inserted by No. 31/2024 s. 113(Sch. 1 item 39.1(a)). ***Integrity Oversight Victoria*** has the same meaning as in the **Integrity Oversight Victoria Act 2011**; S. 3(1) def. of *interim preventative detention order* inserted by No. 32/2018 s. 4(1). ***interim preventative detention order*** means an interim preventative detention order made by the Supreme Court under section 13E; S. 3(1) def. of *lawyer* inserted by No. 32/2018 s. 4(1). ***lawyer*** means an Australian lawyer; S. 3(1) def. of *legal advice* inserted by No. 32/2018 s. 4(1). ***legal advice*** has the same meaning as in the **Legal Aid Act 1978**; S. 3(1) def. of *maximum police detention period* inserted by No. 32/2018 s. 4(1). ***maximum police detention period*** means— (a) for an adult—a period of 4 days; (b) for a child—a period of 36 hours; See also sections 13AH and 13G. S. 3(1) def. of *member of the force* repealed by No. 37/2014 s. 10(Sch. item 167.2(b)). ** * * * ** S. 3(1) def. of *member of Victoria Police personnel* inserted by No. 32/2018 s. 72. ***member of Victoria Police personnel*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *nominated senior police officer* inserted by No. 32/2018 s. 4(1). ***nominated senior police officer*** means a police officer appointed under section 13AZZJ; S. 3(1) def. of *operator* repealed by No. 76/2014 s. 8(2)(a). S. 3(1) def. of *periodic review* inserted by No. 32/2018 s. 4(1). ***periodic review*** means a review under section 13AZZN; S. 3(1) def. of *police detention decision* inserted by No. 32/2018 s. 4(1). ***police detention decision***—see section 13AC; S. 3(1) def. of *police gaol* inserted by No. 32/2018 s. 4(1). ***police gaol*** has the same meaning as in the **Corrections Act 1986**; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 167.2(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***premises*** includes— (a) land; and (b) a building or vehicle; and (c) a part of a building or vehicle; and (d) any place, whether built on or not; S. 3(1) def. of *prescribed authority* inserted by No. 32/2018 s. 4(1). ***prescribed authority*** has the same meaning as in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 of the Commonwealth; S. 3(1) def. of *preventative detention order* inserted by No. 32/2018 s. 4(1). ***preventative detention order*** means an order made under section 13E, as varied under section 13N or 13O, and includes an interim preventative detention order; S. 3(1) def. of *prison* inserted by No. 32/2018 s. 4(1). ***prison*** has the same meaning as in the **Corrections Act 1986**; S. 3(1) def. of *prohibited contact order* inserted by No. 32/2018 s. 4(1). ***prohibited contact order*** means an order made under section 13L or 13M, as varied under section 13N or 13O; S. 3(1) def. of *protected counter-terrorism intelligence* inserted by No. 32/2018 s. 64(a). ***protected counter-terrorism intelligence*** means counter-terrorism intelligence that is the subject of a counter-terrorism intelligence protection order; S. 3(1) def. of *protection application* inserted by No. 32/2018 s. 64(a). ***protection application*** means an application under section 25 for a counter-terrorism intelligence protection order; S. 3(1) def. of *protective services officer* inserted by No. 32/2018 s. 45. ***protective services officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *Public Interest Monitor* inserted by No. 32/2018 s. 4(1). ***Public Interest Monitor*** means— (a) the Principal Public Interest Monitor appointed under section 6 of the **Public Interest Monitor Act 2011**; or (b) a Deputy Public Interest Monitor appointed under section 7 of the **Public Interest Monitor Act 2011**; S. 3(1) def. of *questioning limitation condition* inserted by No. 32/2018 s. 4(1). ***questioning limitation condition***—see section 13E(2A)(b); S. 3(1) def. of *questioning prohibition condition* inserted by No. 32/2018 s. 4(1). ***questioning prohibition condition***—see section 13E(2A)(a); S. 3(1) def. of *Secretary* inserted by No. 47/2021 s. 5(3). ***Secretary*** means the Secretary to the Department of Justice and Community Safety; S. 3(1) def. of *seizable item* inserted by No. 32/2018 s. 4(1). ***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; or (c) could be used to contact another person or to operate a device remotely; S. 3(1) def. of *SEO review hearing* inserted by No. 47/2021 s. 5(3). ***SEO review hearing*** means a review hearing that the Magistrates' Court or the Children's Court has directed, under section 22CW(1), is to be held; S. 3(1) def. of *substantive application* inserted by No. 32/2018 s. 64(a), amended by No. 47/2021 s. 5(2). ***substantive application*** means an application for— (a) a preventative detention order; or (b) an extension of a preventative detention order; or (c) a revocation or variation of a preventative detention order; or (d) a prohibited contact order; or (e) a revocation or variation of a prohibited contact order; or (f) a support and engagement order; or (g) the variation, extension or revocation of a support and engagement order; S. 3(1) def. of *substantive application or hearing* inserted by No. 47/2021 s. 5(3). ***substantive application or hearing*** means— (a) a substantive application; or (b) an SEO review hearing; S. 3(1) def. of *support and engagement order* inserted by No. 47/2021 s. 5(3). ***support and engagement order*** has the same meaning as it has in Part 4A; ***terrorist act*** has the meaning given by section 4; S. 3(1) def. of *thing* amended by No. 70/2015 s. 4(1). ***thing*** includes any object, article or material;. S. 3(1) def. of *remote entry* inserted by No. 70/2015 s. 4(2). ***remote entry***, in relation to a covert search warrant under Part 2, means accessing electronic equipment on premises named or described in the warrant from a location other than those premises; S. 3(1) def. of *vehicle* inserted by No. 70/2015 s. 4(2). ***vehicle*** includes a vessel and an aircraft; S. 3(1) def. of *Victoria Legal Aid* inserted by No. 32/2018 s. 4(1). ***Victoria Legal Aid*** means Victoria Legal Aid established under section 3 of the **Legal Aid Act 1978**; S. 3(1) def. of *Victoria Police* inserted by No. 70/2015 s. 4(2), amended by No. 32/2018 s. 4(2). ***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *Victorian Inspectorate* inserted by No. 32/2018 s. 4(1), repealed by No. 31/2024 s. 113(Sch. 1 item 39.1(b)). S. 3(1) def. of *youth justice facility* inserted by No. 32/2018 s. 4(1). ***youth justice facility*** means a service established under section 478 of the **Children, Youth and Families Act 2005**. S. 3(2) inserted by No. 32/2018 s. 4(3). (2) The Chief Commissioner may appoint, in writing, police officers, or a class or classes of police officers, to be authorised police officers for the purpose of making— (a) police detention decisions; and S. 3(2)(b) amended by No. 47/2021 s. 5(4)(a). (b) applications under sections 13C, 13I and 13M; and S. 3(2)(c) inserted by No. 47/2021 s. 5(4)(b). (c) applications under sections 22CK, 22DA, 22DH and 22DR.