(1)  In this Act, unless the contrary intention appears –

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 of the Commonwealth;

business day means a day other than a Saturday, a Sunday or a statutory holiday under the Statutory Holidays Act 2000 ;

chief officer means the person for the time being holding office as –

(a) in relation to the Police Service, the Commissioner of Police; or

(b) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission;

computer means any electronic device for storing or processing information;

corresponding emergency authorisation means an authorisation given under the provisions of a corresponding law that correspond to Part 3 ;

corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the regulations to correspond to this Act;

corresponding warrant means a warrant issued under the provisions of a corresponding law that correspond to Part 2 ;

data surveillance device means any device or program capable of being used to record or monitor the input of information into or the output of information from a computer, but does not include an optical surveillance device;

device includes instrument, apparatus and equipment;

disciplinary proceeding means a proceeding of a disciplinary nature under a law of any jurisdiction or of the Commonwealth;

emergency authorisation means an emergency authorisation given under Part 3 ;

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 surveillance device;

install includes attach;

jurisdiction means a State or Territory of the Commonwealth;

law enforcement agency means –

(a) the Police Service; or

(b) the Australian Crime Commission;

law enforcement officer means –

(a) in relation to the Police Service, a police officer; and

(b) in relation to the Australian Crime Commission, a member of staff of the Australian Crime Commission –

and includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service, and a police officer (however described), of another jurisdiction;

listening device means any device capable of being used to overhear, record, monitor or listen to a conversation or words spoken to or by any person in conversation, but does not include a hearing aid or similar device used by a person with impaired hearing to overcome the impairment and permit that person to hear only sounds ordinarily audible to the human ear;

maintain , in relation to a surveillance device, includes –

(a) adjust, relocate, repair or service the device; and

(b) replace a faulty device;

optical surveillance device means any device capable of being used to 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 that impairment;

participating jurisdiction means a jurisdiction in which a corresponding law is in force;

premises includes –

(a) land and a structure, building, caravan, vehicle or vessel, whether temporary or not and whether under construction or not; and

(b) a place, whether enclosed or built on or not and whether on, within, over or under land or water; and

(c) a part of premises, including premises referred to in paragraph (a) or (b) ;

protected information has the meaning given in section 32 ;

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;

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 referred to in paragraph (a) or (b) ;

relevant offence means –

(a) an offence against the law of this jurisdiction punishable by a maximum term of imprisonment of 3 years or more; or

(b) an offence against the law of this jurisdiction that is prescribed by the regulations;

relevant proceeding means –

(a) the prosecution of a relevant offence; or

(b) a bail application, or a review of a decision to grant or refuse a bail application, in relation to a relevant offence; or

(c) a proceeding with a view to the committal of a person to stand for trial for a relevant offence; or

(d) an application for the exercise of a power in relation to a relevant offence –

(i) to a court or judicial officer; or

(ii) by a law enforcement officer to anyone under this Act; or

(e) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence; or

(f) a proceeding for the protection of a child or a person with a disability within the meaning of the Guardianship and Administration Act 1995 ; or

(g) a proceeding concerning the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or

(h) a disciplinary proceeding against a public officer; or

(i) a coronial inquest or inquiry if, in the opinion of the coroner, the event that is the subject of the inquest or inquiry may have resulted from the commission of a relevant offence; or

(j) a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth in relation to a criminal matter that concerns an offence against the laws of the foreign country that made the request resulting in the proceeding, being an offence punishable by a maximum term of imprisonment of 3 years or more; or

(k) a proceeding for the taking of evidence under section 43 of the Extradition Act 1988 of the Commonwealth, in so far as the proceeding relates to a relevant offence; or

(l) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction, in so far as the proceeding relates to a relevant offence; or

(m) a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995 of the Commonwealth; or

(n) a proceeding of the International Criminal Court;

remote application , for a warrant, means an application referred to in section 10 or 18 ;

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 Division 3 of Part 2 ;

senior officer means a person for the time being holding office as –

(a) in relation to the Police Service, a police officer of or above the rank of inspector; or

(b) in relation to the Australian Crime Commission, the Chief Executive Officer of the Australian Crime Commission or an examiner within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth;

surveillance device means –

(a) a data surveillance device, a listening device, an optical surveillance device or a tracking device; or

(b) a device that is a combination of any 2 or more of the devices referred to in paragraph (a) ; or

(c) a device of a kind prescribed by the regulations;

surveillance device warrant means a warrant issued under Division 2 of Part 2 or under section 27(3) ;

this jurisdiction means Tasmania;

tracking device means any electronic device capable of being used to determine or monitor the geographical location of a person or an object;

unsworn application , for a warrant, means an application referred to in section 9(4) or section 17(4) ;

use , of a surveillance device, includes use of the device to monitor or record a conversation or other activity;

vehicle includes aircraft and vessel;

warrant means surveillance device warrant or retrieval warrant.

(2)  For the purposes of this Act, an investigation into a relevant offence is taken to be conducted in this jurisdiction (whether or not it is also conducted in another jurisdiction) if a law enforcement officer participates in the investigation.

Note: Subsection (2) is intended to cover the situation where an officer of this jurisdiction is conducting or participating in an investigation wholly in another jurisdiction for the purposes of an offence of this jurisdiction (e.g. Tasmanian officer is investigating a conspiracy to import drugs into Tasmania from Victoria, and all the evidence of the offence is in Victoria).

(3)  A note included in this Act does not form part of the Act.