Northern Territory Numbered Acts Northern Territory Numbered ActsIn this Act:
"applicant", for a warrant, means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant;
"Australian Crime Commission" means the Australian Crime Commission established by the Australian Crime Commission Act 2002 (Cth);
"authorised person" means a person holding an appointment under section 74;
"business day" means a day other than a Saturday, Sunday or public holiday;
"chief officer" means:
(a) for the Territory Police Force – the Commissioner of Police; or
(b) for the Australian Crime Commission – the Chief Executive Officer of the Australian Crime Commission;
"Commonwealth Ombudsman" means the person occupying or holding office as the Commonwealth Ombudsman under the Ombudsman Act 1976 (Cth);
"computer" means any electronic device for storing or processing information;
"connection device" means a device that is not a surveillance device or part of a surveillance device but is ancillary to the installation, use, maintenance or retrieval of a surveillance device;
"corresponding emergency authorisation" means an authorisation in the nature of an emergency authorisation given under a corresponding law for a relevant offence under the law;
"corresponding law"" "means a law of another jurisdiction that:
(a) provides for the authorisation of the use of surveillance devices; and
(b) is declared by regulation to be a corresponding law;
"corresponding protected information", see section 51(3) ;
"corresponding warrant" means a warrant in the nature of a surveillance device warrant or retrieval warrant issued under a corresponding law for a relevant offence under the law;
"data surveillance device" means a device capable of being used to monitor or record the information being put on to or retrieved from a computer, but does not include an optical surveillance device;
"device" includes apparatus, equipment, instrument and machine;
"emergency authorisation" means an emergency authorisation given under section 35;
"emergency authorisation (serious drugs offence)" means an emergency authorisation given on an application made under section 33(2) ;
"emergency authorisation (serious violence)" means an emergency authorisation given on an application made under section 33(1) ;
"enhancement equipment", in relation to a surveillance device, means equipment capable of enhancing a signal, image or other information obtained by the use of the device;
"install" includes attach;
"jurisdiction" means a State or another Territory of the Commonwealth;
"law enforcement agency" means the following agencies:
(a) the Territory Police Force;
(b) the Australian Crime Commission;
"law enforcement officer" means:
(a) for the Territory Police Force:
(i) a police officer; or
(ii) a person who is seconded to the Police Force, including, for example, a member of the police force or police service or a police officer (however described) of another jurisdiction; or
(b) for the Australian Crime Commission:
(i) a member of staff of the Australian Crime Commission; or
(ii) a person who is seconded to the Commission, including, for example, a member of the police force or police service or a police officer (however described) of another jurisdiction;
"listening device" means a device capable of being used to listen to, monitor or record a conversation or words spoken to or by a person in a conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit the person to hear only sounds ordinarily audible to the human ear;
"listen to" includes hear;
"local protected information", see section 51(2) ;
"maintain", in relation to a surveillance device, includes:
(a) adjust, relocate, repair or service the device; and
(b) if the device is faulty, replace it;
"offence" means an offence against the law of the Territory, the Commonwealth or another jurisdiction;
"on", a place or thing, includes at and in the place or thing;
"optical surveillance device" means a device capable of being used to monitor, record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome the impairment and permit the person to see only sights ordinarily visible to the human eye;
"participating jurisdiction" means a jurisdiction in which a corresponding law is in force;
"party" means:
(a) for a private conversation – a person by or to whom words are spoken in the course of the conversation; or
(b) for a private activity – a person who takes part in the activity;
"place" includes vacant land, premises and a vehicle;
"possess", for a surveillance device, includes having the source under control in any place, whether or not another person has the custody of the device.
"premises" includes the following, regardless of whether in or outside this jurisdiction:
(a) a building or structure;
(b) a part of a building or structure;
(c) land on which a building or structure is situated;
"private activity" means an activity carried on in circumstances that may reasonably be taken to indicate the parties to the activity desire it to be observed only by themselves, but does not include an activity carried on in circumstances in which the parties to the activity ought reasonably to expect the activity may be observed by someone else;
"private conversation" means a conversation carried on in circumstances that may reasonably be taken to indicate the parties to the conversation desire it to be listened to only by themselves, but does not include a conversation carried on in circumstances in which the parties to the conversation ought reasonably to expect the conversation may be overheard by someone else;
"protected information", see section 51(1);
"public officer" means a person employed by, or holding an office established by or under a law of, this jurisdiction or a person employed by a public authority of this jurisdiction, and includes a law enforcement officer;
"reasonably believes" means believes on grounds that are reasonable in the circumstances;
"record" includes:
(a) an audio, visual or audio visual record; and
(b) a record in digital form; and
(c) a documentary record prepared from a record mentioned in paragraph (a) or (b);
"relevant offence" means:
(a) an offence against a law of this jurisdiction punishable by imprisonment for a term of 3 years or more or for life; or
(b) an offence against a law of this jurisdiction prescribed by regulation;
"relevant proceeding" means:
(a) the prosecution of an offence; or
(b) a bail application or review of a decision to grant or refuse a bail application; or
(c) a proceeding for the committal of a person to stand trial for an offence; or
(d) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in relation to an offence, or a proceeding related or ancillary to such a proceeding; or
(e) a proceeding for the protection of a child or intellectually impaired person; or
(f) a proceeding concerning the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or
(g) a disciplinary proceeding against a public officer; or
(h) a coronial inquest or inquiry if, in the opinion of the coroner, the event the subject of the inquest or inquiry may have resulted from the commission of an offence; or
(i) a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 (Cth) in relation to a criminal matter concerning an offence against the laws of the foreign country making the request resulting in the proceeding; or
(j) a proceeding for the taking of evidence under section 43 of the Extradition Act 1988 (Cth); or
(k) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction; or
(l) a proceeding under Part 4, Division 1, of the International War Crimes Tribunals Act 1995 (Cth);
(m) a proceeding of the International Criminal Court;
"remote application" for a warrant, means an application mentioned in section 20 or 28;
"report", of a conversation or activity, includes a report of the substance, meaning or purport of the conversation or activity;
"retrieval warrant" means a warrant issued under Part 4, Division 3;
"senior officer" means:
(a) for the Territory Police Force:
(i) the Commissioner of Police; or
(ii) a Deputy Commissioner of Police; or
(iii) an Assistant Commissioner of Police; or
(b) for the Australian Crime Commission – the Chief Executive Officer or an examiner as defined in the Australian Crime Commission Act 2002 (Cth);
"serious drug offence" means an offence involving the possession, use, manufacture, production or supply of a dangerous drug as defined in the Misuse of Drugs Act ;
"surveillance device" means:
(a) a data surveillance device, listening device, optical surveillance device or tracking device; or
(b) a device that is a combination of any 2 or more of the devices mentioned in paragraph (a); or
(c) a device of a kind prescribed by regulation;
"surveillance device warrant" means a warrant issued under Part 4, Division 2;
"this jurisdiction" means the Territory;
"tracking device" means an electronic device that may be used to determine the geographical location of a person or thing;
"unsworn application" for a warrant, means an application mentioned in section 19(4) or 27(4);
"use", of a surveillance device, includes use of the device to record a conversation or other activity;
"vehicle" means anything used for carrying any person or anything by land, water or air;
"warrant" means surveillance device warrant or retrieval warrant.