Victorian Current Acts Victorian Current ActsIn this Act—
"acquire" an assumed identity, means acquire evidence of the identity and includes taking steps towards acquiring evidence of the identity;
"agency" means—
(a) an issuing agency; or
(b) a law enforcement agency;
S. 3 def. of alternative protection arrangements inserted by No. 34/2016 s. 27.
"alternative protection arrangements" has the same meaning as it has in the Witness Protection Act 1991 ;
"Australian Crime Commission" means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;
"authorised civilian" means a person (other than a law enforcement officer) who is authorised under an authority to acquire or use an assumed identity;
"authorised officer" means a law enforcement officer who is authorised under an authority to acquire or use an assumed identity;
"authorised person" means—
(a) an authorised civilian; or
(b) an authorised officer;
"authority" means an authority granted under section 5 to acquire and use an assumed identity, including the authority as varied under section 8;
S. 3 def. of chief officer amended by Nos 63/2004 s. 17(b), 82/2012 s. 82(3).
"chief officer"—
(a) of a law enforcement agency, means—
(i) in relation to Victoria Police—the Chief Commissioner of Police;
(ii) in relation to the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;
(iii) in relation to the IBAC—the Commissioner;
(b) of an issuing agency—means the chief executive officer (however described) of the agency;
S. 3 def. of
Commis-
sioner inserted by No. 82/2012 s. 82(2).
"Commissioner" has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011 ;
"conduct" includes any act or omission;
S. 3 def. of corres-ponding authorised civilian inserted by No. 87/2005 s. 4.
"corresponding authorised civilian" means a person (other than a corresponding authorised officer) who is authorised, under a corresponding authority issued to a corresponding authorised officer, to acquire or use an assumed identity;
S. 3 def. of corres-ponding authorised officer inserted by No. 87/2005 s. 4.
"corresponding authorised officer" means an officer of a corresponding participating agency who is authorised under a corresponding authority to acquire or use an assumed identity;
"corresponding authority" means—
(a) an authority under a corresponding law to acquire or use an assumed identity in this jurisdiction; or
(b) an authority under a corresponding law to request the production of evidence of an assumed identity;
S. 3 def. of corres-ponding chief officer inserted by No. 87/2005 s. 4.
"corresponding chief officer" of a corresponding participating agency, means the person who is the chief officer (within the meaning of the corresponding law) of the corresponding participating agency;
"corresponding law "means a law of another jurisdiction that is declared by the regulations to correspond to this Act;
S. 3 def. of corres-ponding participating agency inserted by No. 87/2005 s. 4.
"corresponding participating agency" means a body in a participating jurisdiction officers of which, under the corresponding law of that jurisdiction, may be granted a corresponding authority, other than a body that is declared by the regulations not to be a corresponding participating agency for that jurisdiction;
S. 3 def. of corres-ponding supervisor inserted by No. 87/2005 s. 4.
"corresponding supervisor" of a corresponding authorised civilian, means a person who supervises or is to supervise the acquisition or use of an assumed identity by the corresponding authorised civilian;
"criminal activity" means conduct that involves the commission of an offence by one or more persons;
S. 3 def. of Director inserted by No. 63/2004 s. 17(a), amended by No. 34/2008 s. 143(Sch. 2 item 4.1(a)), repealed by No. 82/2012 s. 82(1).
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"doing "a thing, includes failing to do the thing;
"evidence" of identity, means a document or other thing that evidences or indicates, or can be used to evidence or indicate, a person's identity or any aspect of a person's identity;
"government issuing agency", in relation to an authority, means any of the following named in the authority that issues evidence of identity—
(a) a person or body (whether incorporated or not) that performs any function of the government of this jurisdiction; or
(b) a person or body (whether incorporated or not) prescribed by the regulations for the purposes of this definition;
S. 3 def. of IBAC inserted by No. 82/2012 s. 82(2).
"IBAC" means the Independent Broad-based Anti‑corruption Commission established under the Independent Broad-based Anti‑corruption Commission Act 2011 ;
"issuing agency" means—
(a) a government issuing agency; or
(b) a non-government issuing agency;
"jurisdiction" means the Commonwealth or a State or Territory of the Commonwealth;
S. 3 def. of
law enforcement agency amended by Nos 63/2004 s. 17(c), 82/2012
s. 82(4).
"law enforcement agency" means the following agencies—
(a) Victoria Police;
(b) the Australian Crime Commission;
(c) the IBAC;
S. 3 def. of law enforcement officer substituted by No. 63/2004 s. 17(d), amended by Nos 82/2012 s. 82(5), 37/2014 s. 10(Sch. item 37.1(b)).
law enforcement officer means—
(a) in relation to Victoria Police—
(i) a police officer; or
(ii) a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(b) in relation to the Australian Crime Commission—
(i) a member of staff of the Australian Crime Commission; or
(ii) a person who is seconded to the Australian Crime Commission, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(c) in relation to the IBAC—a prescribed IBAC Officer;
S. 3 def. of member repealed by No. 37/2014 s. 10(Sch. item 37.1(c)).
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"non-government issuing agency", in relation to an authority, means a person, body or entity (other than a government issuing agency) named in the authority that issues evidence of identity;
S. 3 def. of Office of Police Integrity inserted by No. 63/2004 s. 17(a), amended by No. 34/2008 s. 143(Sch. 2 item 4.1(b)), repealed by No. 82/2012 s. 82(1).
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"officer" of an agency, includes a person employed or engaged in the agency;
"participating jurisdiction" means a jurisdiction in which a corresponding law is in force;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 37.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of prescribed IBAC Officer inserted by No. 82/2012 s. 82(2).
"prescribed IBAC Officer" means a sworn IBAC Officer within the meaning of section 3(1) of the Independent Broad-based Anti‑corruption Commission Act 2011 who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;
S. 3 def. of prescribed member of staff of the Office of Police Integrity inserted by No. 63/2004 s. 17(a), repealed by No. 82/2012 s. 82(1).
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"supervisor" of an authorised civilian—means the law enforcement officer who supervises or is to supervise the acquisition or use of an assumed identity by the authorised civilian;
"this jurisdiction" means Victoria;
"use" an assumed identity, includes representing (whether expressly or impliedly, or by saying or doing something) the identity to be real when it is not;
S. 3 def. of Victoria Police amended by No. 83/2012 s. 35(a), substituted by No. 37/2014 s. 10(Sch. item 37.1(d)).
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 37.1(a)).
Victoria Police employee has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of Victorian witness protection program inserted by No. 83/2012 s. 35(b).
"Victorian witness protection program" has the same meaning as it has in the Witness Protection Act 1991 .