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INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 3

Definitions

3 Definitions

(1) In this Act--

"Assistant Commissioner" means an Assistant Commissioner of the Commission appointed under section 6A.

"Assistant Inspector" means an Assistant Inspector of the Independent Commission Against Corruption, appointed under this Act.

"authorised officer" has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002 .

"Chief Commissioner" means the Chief Commissioner of the Commission appointed under section 5.

"Chief Executive Officer" means the Chief Executive Officer of the Commission appointed under section 104.

"Commission" means the Independent Commission Against Corruption constituted by this Act.

"Commissioner" means the Chief Commissioner or other Commissioner of the Commission appointed under section 5.

"compulsory examination" means a compulsory examination under this Act.

"conduct" includes neglect, failure and inaction.

"corrupt conduct" has the meaning given by Part 3.

"Inspector" means the Inspector of the Independent Commission Against Corruption, appointed under this Act.

"investigate" includes examine.

"investigation" means an investigation under this Act, and (without limitation) includes a preliminary investigation referred to in section 20A.

"Joint Committee" means the joint committee called the Committee on the Independent Commission Against Corruption, constituted under this Act.

"local government authority" means a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 or any person or body exercising all or any of the functions of such a council, county council or joint organisation.

"member of staff of the Commission" means--
(a) a member of staff appointed by the Chief Commissioner under section 104, or
(b) a person whose services are made use of under section 104A or who performs services for the Commission under that section.

"officer of the Commission" means--
(a) a Commissioner, or
(b) an Assistant Commissioner, or
(c) a member of staff of the Commission, or
(d) a person engaged by the Commission under section 104B to provide the Commission with services, information or advice.

"officer of the Inspector" means the Inspector or a member of staff of the Inspector.

"premises" includes any structure, building, aircraft, vehicle, vessel and place (whether built on or not), and any part thereof.

"public authority" includes the following--
(a) a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013 ,
(b) a statutory body representing the Crown,
(d) a person or body in relation to whom or to whose functions an account is kept of administration or working expenses, where the account--
(i) is part of the accounts prepared under the Public Finance and Audit Act 1983 , or
(ii) is required by or under any Act to be audited by the Auditor-General, or
(iii) is an account with respect to which the Auditor-General has powers under any law, or
(iv) is an account with respect to which the Auditor-General may exercise powers under a law relating to the audit of accounts if requested to do so by a Minister of the Crown,
(e) a local government authority,
(f) the NSW Police Force,
(g) a body, or the holder of an office, declared by the regulations to be a body or office within this definition.

"public inquiry" means a public inquiry under this Act.

"public official" means an individual having public official functions or acting in a public official capacity, and includes any of the following--
(a) the Governor (whether or not acting with the advice of the Executive Council),
(b) a person appointed to an office by the Governor,
(c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,
(d) a member of the Legislative Council or of the Legislative Assembly,
(e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,
(e1) a person employed under the Members of Parliament Staff Act 2013 ,
(f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),
(g) a person employed in a Public Service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013 ,
(h) an individual who constitutes or is a member of a public authority,
(i) a person in the service of the Crown or of a public authority,
(j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of
"public authority" is kept, of attending meetings or carrying out the business of any body constituted by an Act,
(k) a member of the NSW Police Force,
(k1) an accreditation authority or a registered certifier within the meaning of the Building and Development Certifiers Act 2018 ,
(l) the holder of an office declared by the regulations to be an office within this definition,
(m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.

"search warrant" means a search warrant issued under this Act.

"task force" includes a body of persons that is similar to a task force, however the body is described.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act--
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) Notes included in this Act do not form part of this Act.



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