CRIMES ACT 1914

Part IAB - Controlled operations  

Division 1 - Preliminary  

SECTION 15GC   15GC   Definitions  


In this Part:

ACC authorising officer
has the meaning given by subsection 15GF(3) .

ACLEI authorising officer
has the meaning given by subsection 15GF(4) .

AFP authorising officer
has the meaning given by subsection 15GF(2) .

appropriate authorising officer
, for a controlled operation authorised under this Part, means the following:


(aa) if the controlled operation is a major controlled operation conducted by the Australian Federal Police - the Commissioner or a Deputy Commissioner;


(a) if the controlled operation is not a major controlled operation conducted by the Australian Federal Police - any AFP authorising officer;


(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer - any ACC authorising officer;


(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer - any ACLEI authorising officer.

authorising agency
, for a controlled operation authorised under this Part, means the following:


(a) if the authority to conduct the controlled operation was granted by an AFP authorising officer - the Australian Federal Police;


(b) if the authority to conduct the controlled operation was granted by an ACC authorising officer - the ACC;


(c) if the authority to conduct the controlled operation was granted by an ACLEI authorising officer - the Australian Commission for Law Enforcement Integrity.

authorising officer
has the meaning given by subsection 15GF(1) .

authority
means an authority (whether formal or urgent) to conduct a controlled operation granted under section 15GI , and includes any such authority as varied.

chief officer
means the following:


(a) in relation to the Australian Federal Police - the Commissioner;


(b) in relation to the police force of a State or Territory - the Commissioner of Police in that police force or the person holding equivalent rank;


(c) in relation to the Immigration and Border Protection Department - the Secretary of that Department;


(d) in relation to the ACC - the Chief Executive Officer of the ACC;


(e) in relation to the Australian Commission for Law Enforcement Integrity - the Integrity Commissioner.

civilian participant
in a controlled operation means a participant in the controlled operation who is not a law enforcement officer.

conduct
has the same meaning as in the Criminal Code .

controlled conduct
means conduct constituting an offence for which a person would, but for section 15HA , be criminally responsible.

controlled operation
has the meaning given by subsection 15GD(1) .

corresponding State controlled operations law
means:


(a) a law of a State or Territory; or


(b) a provision or provisions of a law of a State or Territory;

prescribed by the regulations for the purposes of this definition.

disciplinary or legal action
, in relation to a staff member of a target agency, means any of the following:


(a) action in respect of alleged misconduct of the staff member;


(b) termination of the employment or appointment of the staff member;


(c) a disciplinary proceeding in relation to the staff member, within the meaning of the Law Enforcement Integrity Commissioner Act 2006 , or a report of such a proceeding;


(d) the investigation of an offence suspected to have been committed by the staff member;


(e) a legal proceeding in relation to the staff member, or a report of such a proceeding.

Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.

entrusted person
means:


(a) a participant in a controlled operation; or


(b) any of the following:


(i) the Commissioner or an AFP appointee (within the meaning of the Australian Federal Police Act 1979 );

(ii) a member of the police force of a State or Territory;

(iii) a staff member (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ) of the Immigration and Border Protection Department;

(iv) the Chief Executive Officer of the ACC, a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002 ) or a person appointed under subsection 46B(1) of that Act;

(v) a staff member (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ) of the Australian Commission for Law Enforcement Integrity; or


(c) an officer or staff member of a government agency, or an integrity agency for a State or Territory, with which the Integrity Commissioner is jointly investigating a corruption issue under subsection 26(2) of the Law Enforcement Integrity Commissioner Act 2006 , if a controlled operation relates to the investigation; or


(d) an officer (within the meaning of section 35 of the Ombudsman Act 1976 ); or


(e) a person who has entered into a contract, agreement or arrangement with:


(i) a law enforcement agency; or

(ii) a government agency, or an integrity agency, mentioned in paragraph (c); or

(iii) the Commonwealth Ombudsman;

(other than as a person mentioned in paragraphs (b) to (d)).

exercise
a function includes perform a duty.

formal application
has the meaning given by paragraph 15GH(2)(a) .

formal authority
has the meaning given by paragraph 15GJ(1)(a) .

formal variation application
:


(a) in relation to an application under subsection 15GP(1) - has the meaning given by paragraph 15GP(3)(a) ; and


(b) in relation to an application under subsection 15GU(1) - has the meaning given by paragraph 15GU(3)(a) .

formal variation of authority
:


(a) in relation to a variation made by an appropriate authorising officer - has the meaning given by paragraph 15GR(1)(a) ; and


(b) in relation to a variation made by a nominated Tribunal member - has the meaning given by paragraph 15GW(1)(a) .

function
includes a power, authority or duty.

integrity testing authority
means an authority granted under Part IABA , and includes any such authority as varied.

integrity testing controlled operation authority
means an authority granted under section 15GI on the basis that an integrity testing authority is in effect.

Note:

See subparagraph 15GI(2)(a)(ii) .

law enforcement agency
means any of the following:


(a) the Australian Federal Police;


(b) the police force of a State or Territory;


(c) the Immigration and Border Protection Department;


(d) the ACC;


(e) the Australian Commission for Law Enforcement Integrity.

law enforcement participant
in a controlled operation means a participant in the controlled operation who is a law enforcement officer.

major controlled operation
has the meaning given by subsection 15GD(2) .

nominated Tribunal member
means a person in respect of whom a nomination under subsection 15GG(1) is in force.

participant
in a controlled operation means a person who is authorised under this Part to engage in controlled conduct for the purposes of the controlled operation.

person targeted
, in relation to a controlled operation, means the person about whom, as a result of the controlled operation:


(a) it is intended to obtain evidence; or


(b) evidence is being, or has been, obtained.

principal law enforcement officer
, for a controlled operation authorised under this Part, means the Australian law enforcement officer specified in the authority to conduct the controlled operation as the officer who is responsible for the conduct of the controlled operation.

serious Commonwealth offence
has the meaning given by subsections 15GE(1) and (3) .

serious State offence that has a federal aspect
has the meaning given by subsection 15GE(4) .

staff member
of a target agency has the same meaning in relation to that agency as in the Law Enforcement Integrity Commissioner Act 2006 .

Note:

The target agencies are the ACC, the Australian Federal Police and the Immigration and Border Protection Department. See subsections 10(1), (2) and (2A) of the Law Enforcement Integrity Commissioner Act 2006 .

target agency
means any of the following:


(a) the ACC;


(b) the Australian Federal Police;


(c) the Immigration and Border Protection Department.

urgent application
has the meaning given by paragraph 15GH(2)(b) .

urgent authority
has the meaning given by paragraph 15GJ(1)(b) .

urgent variation application
:


(a) in relation to an application under subsection 15GP(1) - has the meaning given by paragraph 15GP(3)(b) ; and


(b) in relation to an application under subsection 15GU(1) - has the meaning given by paragraph 15GU(3)(b) .

urgent variation of authority
:


(a) in relation to a variation made by an appropriate authorising officer - has the meaning given by paragraph 15GR(1)(b) ; and


(b) in relation to a variation made by a nominated Tribunal member - has the meaning given by paragraph 15GW(1)(b) .




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