Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of Adult Parole Board inserted by No. 48/2015 s. 4.
"Adult Parole Board" means the Adult Parole Board established under section 61 of the Corrections Act 1986 ;
S. 3(1) def. of applicable offence substituted by No. 55/2014 s. 60(a).
"applicable offence" means—
(a) an indictable offence that is punishable by at least 5 years imprisonment; or
(b) an offence against a provision specified in an item of the Schedule, being a provision of the Act specified in the heading to that item; or
Note
See also section 10.
(c) an offence against section 321, 321G or 321M of the Crimes Act 1958 in relation to an offence referred to in paragraph (a) or (b);
"appropriate place" means—
(a) in the case of an organisation that is an incorporated body or association—
(i) the entrance to the registered office or principal place of business of that organisation; or
(ii) if the organisation is a registered foreign company within the meaning of the Corporations Act—the address of the local agent of that company;
(b) in the case of an organisation that is an unincorporated body or association—the entrance to premises at which members of that organisation commonly associate for meetings or other activities of that organisation;
Example
An example of premises under paragraph (b) is a clubhouse.
"associate", in relation to—
(a) a body corporate, has the meaning given by section 125;
(b) an individual, includes an individual who is regularly in company with, or in communication with by any means (including by electronic communication) that individual;
"associate with" means—
(a) to be in company with; or
(b) to communicate with by any means (including by electronic communication);
carry on a business , in the case of an organisation that is a company or registered foreign company within the meaning of the Corporations Act, has the same meaning as it does under Division 3 of Part 1.2 of that Act;
S. 3(1) def. of Chief Commis-sioner amended by No. 37/2014 s. 10(Sch. item 40,1(b)).
"Chief Commissioner "means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013 ;
"control order" means an order made under section 43, as varied or renewed from time to time;
S. 3(1) def. of convicted offender inserted by No. 48/2015 s. 4.
"convicted offender"—see section 124D(1)(a);
"corresponding control order" means an order made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition;
"corresponding declaration" means a declaration made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition;
"corresponding order" means a corresponding control order or corresponding declaration;
"Court "means the Supreme Court;
criminal history has the meaning given by section 5;
"criminal intelligence" means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to—
(a) prejudice a criminal investigation, including by revealing intelligence-gathering methodologies, investigative techniques or technologies, or covert practices; or
(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or
(c) endanger a person's life or physical safety;
criminal intelligence protection order has the meaning given by section 70(1);
"criminal purpose" means the purpose of engaging in, organising, facilitating or supporting serious criminal activity;
"declaration" means a declaration made under section 19, as varied or renewed from time to time;
"declared individual" means an individual to whom a declaration applies;
"declared organisation" means an organisation to which a declaration applies;
"declared organisation member" means a member, former member or prospective member of a declared organisation;
S. 3(1) def. of family member inserted by No. 48/2015 s. 4, amended by No. 38/2017 s. 82(1).
family member has the meaning given by section 8 of the Family Violence Protection Act 2008 ;
S. 3(1) def. of gazetted event or gathering inserted by No. 48/2015 s. 4.
"gazetted event or gathering" means an event or gathering specified in an order under section 124C;
S. 3(1) def. of health service inserted by No. 48/2015 s. 4.
"health service" has the same meaning as in the Health Practitioner Regulation National Law (Victoria);
"honorary member", of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation;
"incorporated association" means an association incorporated under the Associations Incorporation Reform Act 2012 ;
"incorporated associations Registrar" means the Registrar within the meaning of the Associations Incorporation Reform Act 2012 ;
S. 3(1) def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 40.1(c)).
"law enforcement officer" means—
(a) a police officer; or
(b) 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;
S. 3(1) def. of lawful association authority inserted by No. 48/2015 s. 4.
"lawful association" authority means an authority granted under section 124B;
"lawyer" means an Australian lawyer within the meaning of the Legal Profession Act 2004 ;
S. 3(1) def. of member amended by No. 55/2014 s. 60(b).
"member", of an organisation, includes—
(a) an individual who is a current member of the organisation because the individual—
(i) has paid a membership fee to be a member of the organisation; or
(ii) has been accepted as a member of the organisation through another process set by the organisation; or
(b) an honorary member of the organisation; or
(c) an individual who identifies himself or herself as belonging to the organisation, including an individual who wears or displays the patches or insignia (if any) of the organisation; or
(d) an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or
(e) an office holder of the organisation;
S. 3(1) def. of member of Victoria Police repealed by No. 37/2014 s. 10(Sch. item 40.1(d)).
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"office holder", of an organisation, has the meaning given by section 6;
organisation has the meaning given by section 7;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 40.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of Post Sentence Authority inserted by No. 57/2017 s. 46(1), substituted by No. 27/2018 s. 356.
"Post Sentence Authority" means the Post Sentence Authority continued in existence under section 290 of the Serious Offenders Act 2018 ;
S. 3(1) def. of prohibitive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.
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"property "means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
prospective member has the meaning given by section 8 ;
"protected criminal intelligence" means criminal intelligence that is the subject of a criminal intelligence protection order;
"Prothonotary" means the Prothonotary of the Supreme Court;
"registered corresponding control order" means a corresponding control order registered under section 101;
"registered corresponding declaration" means a corresponding declaration registered under section 88;
S. 3(1) def. of related organisation substituted by No. 55/2014 s. 60(c).
"related organisation" means an organisation specified in an application in accordance with section 15(1)(ba) on which the Court has made a declaration that applies to an individual;
"related organisation member" means a member, former member or prospective member of a related organisation;
respondent has the meaning given by section 9;
S. 3(1) def. of restrictive declaration inserted by No. 55/2014 s. 60(d), repealed by No. 27/2016 s. 27.
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S. 3(1) def. of senior police officer inserted by No. 48/2015 s. 4.
"senior police officer" means a police officer of or above the rank of senior sergeant;
"serious criminal activity" means conduct that would, if the facts were found proved beyond reasonable doubt at a trial, constitute any one or more applicable offences and includes any such conduct that occurs before the commencement of Part 2;
S. 3(1) def. of unlawful association notice inserted by No. 48/2015 s. 4.
"unlawful association notice" means a notice issued under section 124D or 124E;
S. 3(1) def. of Victoria Police substituted by No. 37/2014 s. 10(Sch. item 40.1(e)).
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 .
(2) A reference to an organisation that is an unincorporated body or association—
(a) in a provision of this Act that creates an offence is to be read as a reference to each of the office holders of the organisation;
(b) in any other provision of this Act is to be read as a reference to one or more members of the organisation in their capacity as members.
S. 4 repealed by No. 55/2014 s. 61.
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