CRIMES ACT 1914

Part IABA - Integrity testing  

Division 1 - Introduction  

SECTION 15JC   15JC   Integrity testing - definitions  


In this Part:

appropriate authorising officer
, for an integrity testing operation, has the meaning given by the table in subsection 15JE(1) .

authorising officer
means any of the appropriate authorising officers.

Note:

These officers are listed in the table in subsection 15JE(1) .

civilian participant
, in an integrity testing operation, means a participant in the operation who is not a law enforcement participant (as defined in this section).

corruption issue
has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .

Note:

See section 7 of the Law Enforcement Integrity Commissioner Act 2006 .

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.

engage in conduct
means:


(a) do an act; or


(b) omit to perform an act.

integrity testing agency
means any of the following:


(a) the ACC;


(b) the Australian Commission for Law Enforcement Integrity;


(c) the Australian Federal Police;


(d) the Immigration and Border Protection Department.

integrity testing authority
means an authority granted under section 15JG to conduct an integrity testing operation.

integrity testing operation
: see section 15JD .

law enforcement participant
, in an integrity testing operation, means a participant in the operation who is:


(a) a law enforcement officer; or


(b) an employee or officer of an integrity agency for a State or Territory, within the meaning of the Law Enforcement Integrity Commissioner Act 2006 .

Note:

Staff members of integrity testing agencies (as defined in this section) are law enforcement officers. Law enforcement officers also include members of State and Territory police forces, and police forces of foreign countries (see section 3 ).

participant
, in an integrity testing operation authorised by an integrity testing authority, means a person who is authorised under this Part to participate in the operation.

responsible staff member
, for an integrity testing operation authorised by an integrity testing authority, means the staff member of an integrity testing agency identified in the authority as the staff member responsible for the conduct of the operation.

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

Note:

See subsections 10(1), (2) and (2A), and section 11, 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.

Definition of " target agency " amended by No 41 of 2015, s 3 and Sch 5 item 42, by substituting para (c), effective 1 July 2015. For transitional provisions, see note under the definition of " officer of Customs " . Para (c) formerly read:


(c) Customs.




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