Definitions for div 1
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.
This Act’s bill:Explanatory memorandum
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