Definitions
6 Definitions
In this Act:
AFP Minister has the meaning given by section 100.1 of the Criminal Code.
applicant for a warrant means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant.
appropriate authorising officer:
of a law enforcement agency—has the meaning given by subsection 6A(4); or
in relation to a law enforcement officer belonging to or seconded to a law enforcement agency—means an appropriate authorising officer of the law enforcement agency.
See also subsection (4) of this section (persons who belong or are seconded to the Australian Crime Commission or the National Anti‑Corruption Commission).
carrier means:
a carrier within the meaning of the Telecommunications Act 1997; or
a carriage service provider within the meaning of that Act.
chief officer has the meaning given by subsection 6A(2).
communication in transit means a communication (within the meaning of the Telecommunications Act 1997) passing over a telecommunications network (within the meaning of that Act).
community safety detention order has the same meaning as in Division 395 of the Criminal Code.
community safety supervision order has the same meaning as in Division 395 of the Criminal Code.
computer means all or part of:
one or more computers; or
one or more computer systems; or
one or more computer networks; or
any combination of the above.
computer access warrant means a warrant issued under section 27C or subsection 35A(4) or (5).
confirmed control order has the same meaning as in Part 5.3 of the Criminal Code.
control order has the same meaning as in Part 5.3 of the Criminal Code.
criminal network of individuals has the meaning given by section 7A.
data includes:
information in any form; and
any program (or part of a program).
data disruption intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
data disruption warrant means a warrant issued under section 27KC or subsection 35B(2) or (3).
data held in a computer includes:
data held in any removable data storage device for the time being held in a computer; and
data held in a data storage device on a computer network of which the computer forms a part.
data storage device means a thing (for example, a disk or file server) containing (whether temporarily or permanently), or designed to contain (whether temporarily or permanently), data for use by a computer.
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, an electronic device for storing or processing information, but does not include an optical surveillance device.
detained in custody in a prison has the meaning given by section 100.1 of the Criminal Code.
device includes instrument, apparatus and equipment.
digital currency has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
disciplinary proceeding:
means a proceeding of a disciplinary nature under a law of the Commonwealth or of a State or Territory; and
includes action taken under Subdivision D of Division 3 of Part V of the Australian Federal Police Act 1979.
disrupting data held in a computer means adding, copying, deleting or altering data held in the computer.
This expression is used in the provisions of this Act that relate to:
data disruption warrants; or
emergency authorisations for disruption of data held in a computer.
electronically linked group of individuals means a group of 2 or more individuals, where each individual in the group does, or is likely to do, either or both of the following things:
use the same electronic service as at least one other individual in the group;
communicate with at least one other individual in the group by electronic communication.
electronic communication means a communication of information:
whether in the form of text; or
whether in the form of data; or
whether in the form of speech, music or other sounds; or
whether in the form of visual images (animated or otherwise); or
whether in any other form; or
whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
electronic service has the same meaning as in Part 15 of the Telecommunications Act 1997.
eligible Judge means an eligible Judge within the meaning of section 12.
emergency authorisation means an emergency authorisation given under Part 3.
emergency authorisation for access to data held in a computer means an emergency authorisation given in response to an application under subsection 28(1A), 29(1A) or 30(1A).
emergency authorisation for disruption of data held in a computer means an emergency authorisation given in response to an application under subsection 28(1C).
engage in a hostile activity has the same meaning as in Part 5.3 of the Criminal Code.
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.
executive level has the meaning given by subsection 6A(8).
extended supervision order has the meaning given by section 105A.2 of the Criminal Code.
federal law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(6).
foreign country, when used in the expression hostile activity in a foreign country, has the same meaning as in the Criminal Code.
general computer access intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
IGIS official means:
the Inspector‑General of Intelligence and Security; or
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.
Immigration Minister means the Minister administering the Migration Act 1958.
Independent Commission Against Corruption means the Independent Commission Against Corruption constituted by the Independent Commission Against Corruption Act 1988 of New South Wales.
inspecting officer means a person appointed by the Ombudsman under section 54 to be an inspecting officer.
install includes attach.
integrity authority means:
an integrity testing controlled operations authority under Part IAB of the Crimes Act 1914 authorising a controlled operation under that Part; or
an integrity testing authority under Part IABA of the Crimes Act 1914 authorising an integrity testing operation under that Part.
integrity operation means:
a controlled operation authorised by an integrity testing controlled operation authority granted under Part IAB of the Crimes Act 1914; or
an integrity testing operation authorised by an integrity testing authority granted under Part IABA of the Crimes Act 1914.
intercepting a communication passing over a telecommunications system has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
interim control order has the same meaning as in Part 5.3 of the Criminal Code.
interim supervision order has the meaning given by section 105A.2 of the Criminal Code.
international assistance application means:
an application for a surveillance device warrant; or
an application for a computer access warrant;
made under an international assistance authorisation.
international assistance authorisation means:
an authorisation under subsection 15CA(1) or 15CC(1) of the Mutual Assistance in Criminal Matters Act 1987; or
an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or
an authorisation under subsection 32A(1) of the International War Crimes Tribunals Act 1995.
International Criminal Court has the same meaning as ICC in the International Criminal Court Act 2002.
investigative proceeding has the same meaning as in the Mutual Assistance in Criminal Matters Act 1987.
law enforcement agency has the meaning given by subsection 6A(1).
law enforcement officer has the meaning given by subsection 6A(3).
listening device means any device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear.
maintain, in relation to a surveillance device, includes:
adjust, relocate, repair or service the device; and
replace a faulty device.
member of the staff, in relation to the Independent Commission Against Corruption of South Australia, means a person who is engaged under subsection 12(1) of the Independent Commission Against Corruption Act 2012 (SA).
National Anti‑Corruption Commission officer means a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022).
network activity warrant means a warrant issued under section 27KM.
network activity warrant intercept information has the same meaning as in the Telecommunications (Interception and Access) Act 1979.
nominated ART member means a person in respect of whom a nomination under section 13 is in force.
offence has a meaning affected by subsection (5).
Ombudsman means the person holding office as the Commonwealth Ombudsman under the Ombudsman Act 1976.
Ombudsman official means:
the Ombudsman; or
a Deputy Commonwealth Ombudsman; or
a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976.
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.
Part 5.3 information has the meaning given by subsection 50A(6).
Part 5.3 object means:
in relation to a control order—any of the following:
the protection of the public from a terrorist act;
the prevention of the provision of support for, or the facilitation of, a terrorist act;
the prevention of the provision of support for, or the facilitation of, the engagement in a hostile activity in a foreign country; or
in relation to an extended supervision order or interim supervision order in relation to a person—the protection of the community from the unacceptable risk of the person committing a serious Part 5.3 or 5.3A offence.
Part 5.3 supervisory order means:
a control order; or
an extended supervision order or an interim supervision order.
In Part 5.3 of the Criminal Code, a control order means an interim control order or a confirmed control order (see subsection 100.1(1) of the Criminal Code).
Part 5.3 warrant means a surveillance device warrant or computer access warrant:
issued to determine whether to apply for a post‑sentence order; or
issued in relation to a Part 5.3 supervisory order that is or was in force.
Part 9.10 information has the meaning given by subsection 50A(6).
Part 9.10 object means the protection of the community from serious harm by addressing the unacceptable risk of a serious offender committing a serious violent or sexual offence.
Part 9.10 order means a community safety detention order or a community safety supervision order.
Part 9.10 warrant means a surveillance device warrant or computer access warrant:
issued to determine whether to apply for a Part 9.10 order; or
issued in relation to a community safety supervision order that is or was in force.
post‑sentence detention law means any of the following laws:
Part 3 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
Parts 5 and 6 of the Serious Offenders Act 2018 (Vic.);
Part 3 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
any other law, or part of a law, of a State or Territory prescribed by the regulations.
post‑sentence order means a continuing detention order, an interim detention order, an extended supervision order, or an interim supervision order, under Division 105A of the Criminal Code.
post‑sentence supervision law means any of the following laws:
Part 2 of the Terrorism (High Risk Offenders) Act 2017 (NSW);
Parts 3 and 4 of the Serious Offenders Act 2018 (Vic.);
Part 2 of the Criminal Law (High Risk Offenders) Act 2015 (SA);
any other law, or part of a law, of a State or Territory prescribed by the regulations.
premises includes:
land; and
a building or vehicle; and
a part of a building or vehicle; and
any place, whether built on or not;
whether within or beyond Australia.
preventative detention order law means:
Division 105 of the Criminal Code; or
Part 2A of the Terrorism (Police Powers) Act 2002 (NSW); or
Part 2A of the Terrorism (Community Protection) Act 2003 (Vic.); or
the Terrorism (Preventative Detention) Act 2005 (Qld); or
the Terrorism (Preventative Detention) Act 2006 (WA); or
the Terrorism (Preventative Detention) Act 2005 (SA); or
the Terrorism (Preventative Detention) Act 2005 (Tas.); or
Part 2 of the Terrorism (Extraordinary Temporary Powers) Act 2006 (ACT); or
Part 2B of the Terrorism (Emergency Powers) Act 2003 (NT).
prosecution, in relation to a criminal offence, includes all stages in the prosecution of that offence, including a committal hearing.
protected information has the meaning given in section 44.
protected network activity warrant information has the meaning given by section 44A.
public officer means a person employed by, or holding an office established by or under a law of, the Commonwealth, a State or a Territory or a person employed by a public authority of the Commonwealth, a State or a Territory.
record includes:
an audio, visual or audio‑visual record; and
a record in digital form; and
a documentary record prepared from a record referred to in paragraph (a) or (b).
recovery order means:
an order under section 67U of the Family Law Act 1975; or
an order for a warrant for the apprehension or detention of a child under subregulation 15(1) or 25(4) of the Family Law (Child Abduction Convention) Regulations 1986.
relevant offence means:
an offence against the law of the Commonwealth that is punishable by a maximum term of imprisonment of 3 years or more or for life; or
an offence against a law of a State that has a federal aspect and that is punishable by a maximum term of imprisonment of 3 years or more or for life; or
an offence against section 15 of the repealed Financial Transaction Reports Act 1988; or
an offence against section 53, former section 59 or section 139, 140 or 141 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; or
an offence against section 100, 100A, 100B, 101, 101A or 101AA of the Fisheries Management Act 1991; or
an offence against section 46A, 46C, 46D, 49A or 51A of the Torres Strait Fisheries Act 1984; or
if a surveillance device warrant, a computer access warrant, or a tracking device authorisation, is issued or given (or is sought) for the purposes of an integrity operation in relation to a suspected offence against the law of the Commonwealth, or of a State or Territory, that is punishable by a maximum term of imprisonment of 12 months or more or for life—that offence; or
an offence that is prescribed by the regulations.
relevant proceeding means:
the prosecution of a relevant offence; or
a proceeding for the confiscation, forfeiture or restraint of property, or for the imposition of a pecuniary penalty, in connection with a relevant offence, and any related proceeding; or
a proceeding for the protection of a child or intellectually impaired person; or
a proceeding concerning the validity of a warrant, an emergency authorisation or a tracking device authorisation; or
a disciplinary proceeding against a public officer; or
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; or
a proceeding under subsection 13(2) of the Mutual Assistance in Criminal Matters Act 1987 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, being an offence punishable by a maximum term of imprisonment of 3 years or more, by imprisonment for life or by the death penalty; or
the authorisation, under section 13A of the Mutual Assistance in Criminal Matters Act 1987, of material to be made available to a foreign country for use in the investigation into, or proceedings in relation to, an offence against the laws of that country; or
proceedings for an order under section 67X of the Family Law Act 1975; or
a proceeding for the taking of evidence under section 43 of the Extradition Act 1988, in so far as the proceeding relates to a relevant offence; or
a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or
a proceeding of the International Criminal Court; or
a proceeding by way of a bail application that relates to a prosecution for a relevant offence; or
a proceeding for review of a decision to refuse such a bail application; or
a proceeding for review of a decision to grant such a bail application; or
a proceeding under, or related to a matter arising under, Division 105A of the Criminal Code (post‑sentence orders) or Division 395 of the Criminal Code (community safety orders); or
a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or
a proceeding under, or a proceeding relating to a matter arising under, Division 104 of the Criminal Code (Control orders); or
a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that preventative detention order law); or
a proceeding under, or a proceeding relating to a matter arising under, a post‑sentence detention law or a post‑sentence supervision law.
remote application for a warrant means an application referred to in section 15, 23, 27B, 27KB or 27KL.
report of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.
retrieval warrant means a warrant issued under Division 3 of Part 2.
serious offender has the same meaning as in Division 395 of the Criminal Code.
serious Part 5.3 or 5.3A offence has the meaning given by section 105A.2 of the Criminal Code.
serious violent or sexual offence has the same meaning as in Division 395 of the Criminal Code.
State offence that has a federal aspect has the meaning given by section 7.
State or Territory law enforcement officer means a law enforcement officer mentioned in column 3 of the table in subsection 6A(7).
succeeding community safety supervision order has the meaning given by section 6F.
succeeding Part 5.3 supervisory order has the meaning given by section 6D.
superior Court Judge means:
a Judge of the Federal Court of Australia; or
a Judge of the Federal Circuit and Family Court of Australia (Division 1).
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 referred to in paragraph (a); or
a device of a kind prescribed by the regulations.
surveillance device warrant means a warrant issued under Division 2 of Part 2 or under subsection 35(4) or (5).
sworn includes affirmed.
target agency means any of the following:
the Australian Federal Police;
the Australian Crime Commission;
the Immigration and Border Protection Department;
any other Commonwealth agency (within the meaning of the National Anti‑Corruption Commission Act 2022).
telecommunications facility means a facility within the meaning of the Telecommunications Act 1997.
terrorist act has the same meaning as in the Crimes Act 1914.
terrorist offender has the meaning given by section 105A.2 of the Criminal Code.
tracking device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.
tracking device authorisation means a permission given under section 39 by an appropriate authorising officer for a law enforcement officer to use or retrieve a tracking device without a warrant.
unsworn application for a warrant means an application referred to in subsections 14(6) and (7), 22(4) and (5), 27A(9) and (10), 27A(11) and (12), 27A(13), (13A) and (14), 27KA(4) and (5) or 27KK(5) and (6).
use of a surveillance device includes use of the device to record a conversation or other activity.
vehicle includes aircraft and vessel.
War Crimes Tribunal has the same meaning as Tribunal in the International War Crimes Tribunals Act 1995.
warrant means:
a surveillance device warrant; or
a retrieval warrant; or
a computer access warrant; or
a data disruption warrant; or
a network activity warrant.
In this Act, a reference to the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation is, subject to subsection (3), a reference to:
the person named in the warrant or authorisation as such a person; or
if there is no such person named—the person nominated as such a person by the chief officer of the agency concerned;
whether or not that person is physically present for any step in the execution of the warrant or authorisation.
If the chief officer of a law enforcement agency becomes satisfied that a law enforcement officer of the agency who is, under subsection (2) or under a previous operation of this subsection, the law enforcement officer primarily responsible for executing a warrant, emergency authorisation or tracking device authorisation, ceases, for any reason, to have responsibility for executing the warrant or authorisation:
the chief officer may, by instrument in writing, nominate another person as the law enforcement officer primarily responsible for executing the warrant or authorisation; and
with effect from the execution of the instrument or such later time as is specified in the instrument, that other person becomes the law enforcement officer primarily responsible for executing the warrant or authorisation.
In this Act:
a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the Australian Crime Commission, is a reference to any person who is covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002; and
a reference to a person who belongs or is seconded to the Australian Crime Commission is to be similarly construed; and
a reference to a person who belongs or is seconded to a law enforcement agency, in the case of the National Anti‑Corruption Commission, is a reference to a National Anti‑Corruption Commission officer; and
a reference to a person who belongs or is seconded to the National Anti‑Corruption Commission is to be similarly construed.
To avoid doubt, a reference in this Act to an offence in relation to:
an international assistance authorisation that is an authorisation under subsection 79A(1) of the International Criminal Court Act 2002; or
an international assistance application that is related to such an authorisation;
is a reference to a crime within the jurisdiction of the ICC (within the meaning of that Act).
This Act’s bill:Explanatory memorandum
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