Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of ambulance officer inserted by No. 54/2017 s. 3.
"ambulance officer" means an operational staff member within the meaning of the Ambulance Services Act 1986 ;
S. 3(1) def. of applicant inserted by No. 26/2004 s. 5(1)(a).
"applicant" for a warrant, means the law enforcement officer who applies, or on whose behalf an application is made, for the warrant;
"assistance order" means an order made under section 22 ;
S. 3(1) def. of Australian Crime Commission inserted by No. 29/2006 s. 3(Sch. 1 item 36.2).
"Australian Crime Commission" means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;
"authorised police officer" means a person appointed by the Chief Commissioner of Police under subsection (2);
S. 3(1) def. of body-worn camera inserted by No. 54/2017 s. 3.
"body-worn camera" means a camera normally worn on the person that is capable of recording visual images or sound or both, whether or not the camera is being worn when the recording takes place;
"building" includes any structure;
S. 3(1) def. of business day inserted by No. 26/2004 s. 5(1)(a).
"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
S. 3(1) def. of chief law enforcement officer amended by Nos 18/2002
s. 24(1)(a), 52/2003 s. 52(Sch. 1 item 11(1)(a)), 56/2003
s. 8(1)(a), 104/2003 s. 7, 63/2004 s. 9(1)(b), substituted as
def. of chief officer by No. 26/2004 s. 5(1)(b) (as amended by No.
63/2004 s. 13(2)(a)), amended by Nos 13/2012
s. 13(1)(a)
(2)(a), 24/2014 s. 82(2), 27/2016 s. 40(1)(a),
68/2016 s. 171(b), 39/2018 s. 55(1)(b), 50/2021 s. 144(2)(a),
31/2023 s. 68(a).
"chief officer" means—
(a) in relation to Victoria Police—the Chief Commissioner of Police;
(b) in relation to the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;
(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department;
(d) in relation to the Victorian Fisheries Authority—the chief executive officer appointed by the Board of the Victorian Fisheries Authority;
(da) in relation to the IBAC—the Commissioner;
(e) in relation to the Game Management Authority—the Chief Executive Officer appointed by the Chairperson of the Game Management Authority;
(f) in relation to the Environment Protection Authority—the chief executive officer appointed by the Governing Board of the Environment Protection Authority;
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S. 3(1) def. of Commis-sioner inserted by No. 13/2012 s. 13(1)(e).
"Commissioner" has the same meaning as it has in section 3(1) of the
Independent Broad-based Anti-corruption Commission Act 2011 ;
S. 3(1) def. of Common-wealth Ombudsman inserted by No. 26/2004 s. 5(1)(a) (as amended by No. 27/2006 s. 21(1)).
"Commonwealth Ombudsman" means the person holding office as the Commonwealth Ombudsman under the Ombudsman Act 1976 of the Commonwealth;
"computer" means any electronic device for storing or processing information;
S. 3(1) def. of corres-ponding emergency authorisation inserted by No. 26/2004 s. 5(1)(a).
"corresponding emergency authorisation" means an authorisation in the nature of an emergency authorisation given under the provisions of a corresponding law, being an authorisation in relation to a relevant offence within the meaning of that corresponding law;
S. 3(1) def. of corres-ponding law inserted by No. 26/2004 s. 5(1)(a).
"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 the regulations to be a corresponding law;
S. 3(1) def. of corres-ponding warrant inserted by No. 26/2004 s. 5(1)(a).
"corresponding warrant" means a warrant in the nature of a surveillance device warrant or retrieval warrant issued under the provisions of a corresponding law, being a warrant in relation to a relevant offence within the meaning of that corresponding law;
"data surveillance device" means any device 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;
S. 3(1) def. of Director inserted by No. 63/2004 s. 9(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 11(a)), repealed by No. 13/2012 s. 13(2)(b).
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"disciplinary proceedings" means proceedings of a disciplinary nature under an Act of Victoria, the Commonwealth or another State or a Territory of the Commonwealth;
"emergency authorisation" means an emergency authorisation given under Division 3 of Part 4;
"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;
S. 3(1) def. of Environment Protection Authority inserted by No. 39/2018 s. 55(1)(a).
Environment Protection Authority has the same meaning as Authority in section 3(1) of the Environment Protection Act 2017 ;
S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 82(1).
"Game Management Authority" means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014 ;
S. 3(1) def. of IBAC inserted by No. 13/2012 s. 13(1)(e).
"IBAC" means the Independent Broad-based Anti-corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011 ;
"install" includes attach;
S. 3(1) def. of jurisdiction inserted by No. 26/2004 s. 5(1)(a).
"jurisdiction" means a State or Territory of the Commonwealth;
S. 3(1) def. of law enforcement agency inserted by No. 26/2004
s. 5(1)(a) (as amended by No. 63/2004 s. 13(1)(a)),
amended by Nos 13/2012
s. 13(1)(b)
(2)(c), 24/2014 s. 82(3), 27/2016 s. 40(1)(b),
68/2016 s. 171(c), 39/2018 s. 55(1)(c), 50/2021 s. 144(2)(b),
31/2023 s. 68(b).
"law enforcement agency" means the following agencies—
(a) Victoria Police;
(b) the Australian Crime Commission;
(c) the Department of Environment, Land, Water and Planning;
(d) the Victorian Fisheries Authority;
(da) the IBAC;
(e) the Game Management Authority;
(f) the Environment Protection Authority;
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S. 3(1) def. of law enforcement officer amended by Nos 52/2003
s. 52(Sch. 1 item 11(1)(b)), 63/2004 s. 9(1)(c), substituted
by No. 26/2004 s. 5(1)(c) (as amended by No. 63/2004 s. 13(2)(b)),
amended by Nos 13/2012
s. 13(1)(c)
(2)(d), 24/2014 s. 82(4), 37/2014 s. 10(Sch. item
163.1(a)(ii)), 27/2016 s. 40(1)(c), 68/2016 s. 171(d), 39/2018
s. 55(1)(d), 50/2021 s. 144(2)(c), 31/2023 s. 68(c).
"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 Department of Environment, Land, Water and Planning—
(i) an employee of that department appointed as an authorised officer under section 83 of the Conservation, Forests and Lands Act 1987 ; or
(ii) a person who is seconded to that department, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(d) in relation to the Victorian Fisheries Authority—
(i) an authorised officer appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016 ; or
(ii) a person who is seconded to the Victorian Fisheries Authority, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(da) in relation to the IBAC—a prescribed IBAC Officer;
(e) in relation to the Game Management Authority—
(i) an authorised officer appointed by the Game Management Authority under the Game Management Authority Act 2014 ; or
(ii) a person who is seconded to the Game Management Authority, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;
(f) in relation to the Environment Protection Authority—an authorised officer appointed under Part 9.2 of the Environment Protection Act 2017 ;
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S. 3(1) def. of listening device substituted by No. 26/2004 s. 5(1)(d).
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;
S. 3(1) def. of member of the police force substituted as def. of member by No. 26/2004 s. 5(1)(e), repealed by No. 37/2014 s. 10(Sch. item 163.1(a)(iii)).
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S. 3(1) def. of National Crime Authority substituted as Australian Crime Commission by No. 52/2003 s. 52(Sch. 1 item 11(1)(c)), repealed by No. 29/2006 s. 3(Sch. 1 item 36.1).
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"offence" means offence against the law of Victoria, the Commonwealth or another State or a Territory of the Commonwealth;
S. 3(1) def. of Office of Police Integrity inserted by No. 63/2004 s. 9(1)(a), amended by No. 34/2008 s. 143(Sch. 2 item 11(b)), repealed by No. 13/2012 s. 13(2)(b).
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S. 3(1) def. of Office of the Special Investigator inserted by No. 50/2021 s. 144(1), repealed by No. 31/2023 s. 68(d).
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S. 3(1) def. of optical surveillance device substituted by No. 26/2004 s. 5(1)(f).
"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;
S. 3(1) def. of participating jurisdiction inserted by No. 26/2004 s. 5(1)(a).
"participating jurisdiction" means a jurisdiction in which a corresponding law is in force;
"party"—
(a) to a private activity, means a person who takes part in the activity;
(b) to a private conversation, means a person by or to whom words are spoken in the course of the conversation;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 163.1 (a)(i)).
"police officer "has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of premises substituted by No. 26/2004 s. 5(1)(g).
"premises" includes—
(a) land; and
(b) a building or vehicle; and
(c) a part of a building or vehicle; and
(d) any place, whether built on or not—
whether in or outside this jurisdiction;
S. 3(1) def. of prescribed IBAC Officer inserted by No. 13/2012 s. 13(1)(e).
"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(1) def. of prescribed member of staff of the Office of Police Integrity inserted by No. 63/2004 s. 9(1)(a), amended by No. 63/2004 s. 12 (as amended by No. 29/2006 s. 3(Sch. 1 item 21)), repealed by No. 13/2012 s. 13(2)(b).
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"private activity" means an activity carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be observed only by themselves, but does not include—
(a) an activity carried on outside a building; or
(b) an activity carried on in any circumstances in which the parties to it ought reasonably to expect that it may be observed by someone else;
"private conversation" means a conversation carried on in circumstances that may reasonably be taken to indicate that the parties to it desire it to be heard only by themselves, but does not include a conversation made in any circumstances in which the parties to it ought reasonably to expect that it may be overheard by someone else;
S. 3(1) def. of protected information inserted by No. 26/2004 s. 5(1)(a).
protected information has the meaning given in section 30D ;
S. 3(1) def. of Public Interest Monitor inserted by No. 72/2011 s. 30.
"Public Interest Monitor" means a Public Interest Monitor within the meaning of the Public Interest Monitor Act 2011 ;
S. 3(1) def. of public officer inserted by No. 26/2004 s. 5(1)(a).
"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;
S. 3(1) def. of public place inserted by No. 25/2009 s. 34(a).
"public place" has the same meaning as it has in section 3 of the Summary Offences Act 1966 ;
S. 3(1) def. of record amended by No. 26/2004 s. 5(1)(h).
"record" includes—
(a) an audio, visual or audio visual record; and
(b) a record in digital form; or
(c) a documentary record prepared from a record referred to in paragraph (a) or (b);
S. 3(1) def. of relevant application inserted by No. 72/2011 s. 30.
"relevant application" means an application referred to in section 12A;
S. 3(1) def. of relevant offence inserted by No. 26/2004 s. 5(1)(a).
"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 for the purposes of this definition;
S. 3(1) def. of relevant proceeding inserted by No. 26/2004 s. 5(1)(a), amended by No. 77/2008 s. 129(Sch. 2 item 25).
"relevant proceeding" means—
(a) the prosecution of a person for an offence;
(b) a bail application or a review of a decision to grant or refuse a bail application;
(c) a proceeding with a view to the committal of a person to stand for trial for an offence;
(d) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with the commission or alleged commission of an offence, or a proceeding related or ancillary to such a proceeding;
(e) a proceeding for the protection of a child or intellectually impaired person;
(f) a proceeding concerning the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation;
(g) a disciplinary proceeding against a public officer;
(h) a coronial inquest or investigation if, in the opinion of the coroner, the event that is the subject of the inquest or investigation may have resulted from the commission of an offence;
(i) 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;
(j) a proceeding for the taking of evidence under section 43 of the Extradition Act 1988 of the Commonwealth;
(k) a proceeding for the extradition of a person from another jurisdiction to this jurisdiction;
(l) a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995 of the Commonwealth;
(m) a proceeding of the International Criminal Court;
"relevant warrant", in relation to an assistance order, means the warrant in relation to which the order is applied for;
S. 3(1) def. of remote application inserted by No. 26/2004 s. 5(1)(a).
"remote application" for a warrant, means an application referred to in section 16 or 20D;
S. 3(1) def. of report amended by No. 26/2004 s. 5(1)(i).
"report", in relation to a conversation or activity, includes a report of the substance, meaning or purport of the conversation or activity;
S. 3(1) def. of retrieval warrant inserted by No. 26/2004 s. 5(1)(a).
"retrieval warrant" means a warrant issued under Subdivision 3 of Division 1 of Part 4;
S. 3(1) def. of Secretary repealed by No. 56/2003 s. 8(1)(b).
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S. 3(1) def. of senior law enforcement officer amended by Nos 18/2002
s. 24(1)(b), 52/2003 s. 52(Sch. 1 item 11(1)(d)), 56/2003
s. 8(1)(c), 63/2004 s. 9(1)(d), substituted as def. of
senior officer by No. 26/2004 s. 5(1)(j) (as amended by No. 63/2004
s. 13(2)(c)), amended by Nos 13/2012
s. 13(1)(d)
(2)(e), 24/2014 s. 82(5), 27/2016 s. 40(1)(d),
68/2016 s. 171(e), 39/2018 s. 55(1)(e), 50/2021 s. 144(2)(d),
31/2023 s. 68(e).
"senior officer" means—
(a) in relation to Victoria Police—
(i) the Chief Commissioner of Police; or
(ii) a Deputy Commissioner of Police; or
(iii) an Assistant Commissioner of Police; or
(iv) a person appointed under subsection (3);
(b) in relation to the Australian Crime Commission—
(i) the Chief Executive Officer; or
(ii) the Director National Operations; or
(iii) the General Manager National Operations; or
(iv) a member of staff of the Australian Crime Commission who is an SES employee or acting SES employee (within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this definition;
(c) in relation to the Department of Environment, Land, Water and Planning—the Secretary to that department;
(d) in relation to the Victorian Fisheries Authority—the chief executive officer appointed by the Board of the Victorian Fisheries Authority;
(da) in relation to the IBAC—
(i) the Commissioner; or
(ii) a prescribed IBAC Officer who holds a position, or is a member of a class, that is prescribed by the regulations for the purposes of this definition;
(e) in relation to the Game Management Authority—the Chief Executive Officer appointed by the Chairperson of the Game Management Authority;
(f) in relation to the Environment Protection Authority—
(i) the chief executive officer appointed by the Governing Board of the Environment Protection Authority; or
(ii) an authorised officer appointed under Part 9.2 of the Environment Protection Act 2017 ;
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S. 3(1) def. of serious drug offence amended by Nos 61/2001 s. 16(2)(a)–(d), 35/2002 s. 28(Sch. item 6.1(a)(b)), 3/2019 s. 22.
serious drug offence means an offence against any of the following sections of the Drugs, Poisons and Controlled Substances Act 1981 —
(a) section 71 (trafficking in a quantity of a drug or drugs of dependence that is not less than the large commercial quantity applicable to that drug or those drugs);
(ab) section 71AA(1) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs);
(aba) section 71AA(2) (trafficking in a quantity of a drug or drugs of dependence that is not less than the commercial quantity applicable to that drug or those drugs for the benefit of or at the direction of a criminal organisation);
(ac) section 71AB (trafficking in a drug of dependence to a child);
(ad) section 71AC (trafficking in a drug of dependence);
(b) section 71A (possession of substance, etc., for trafficking in a drug of dependence);
(c) section 71B(1) (supply of drug of dependence to a child);
(d) section 72 (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the large commercial quantity applicable to that narcotic plant);
(da) section 72A (cultivation of a narcotic plant in a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant);
(db) section 72B (cultivation of a narcotic plant for a purpose related to trafficking in that narcotic plant);
(e) section 73(1) (possession of a drug of dependence) other than—
(i) an offence committed in relation to a quantity of cannabis or tetrahydrocannabinol that is not more than the small quantity applicable to cannabis or tetrahydrocannabinol under section 70 of that Act and that is not committed for any purpose related to trafficking in cannabis or tetrahydrocannabinol; or
(ii) an offence that is not committed for any purpose related to trafficking in a drug of dependence;
(f) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (ab), (aba), (ac), (ad), (b), (c), (d), (da), (db) or (e);
(g) section 80(1) (aiding and abetting, etc.) in circumstances where the offence aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (a), (ab), (aba), (ac), (ad), (b), (c), (d), (da), (db) or (e)—
or an offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 —
(h) section 71(1) (trafficking in a drug of dependence);
(i) section 72(1) (cultivation of narcotic plants) other than an offence that is not committed for any purpose related to trafficking in a narcotic plant;
(j) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (h) or (i);
(k) section 80(1) (aiding and abetting etc.) in circumstances where the offence that is aided, abetted, counselled, procured, solicited or incited is an offence referred to in paragraph (h) or (i);
S. 3(1) def. of Special Investigations Monitor inserted by No. 26/2004 s. 5(1)(a) (as amended by No. 63/2004 s. 13(1)(d)), repealed by No. 82/2012 s. 138(2).
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S. 3(1) def. of Special Investigator inserted by No. 50/2021 s. 144(1), repealed by No. 31/2023 s. 68(f).
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S. 3(1) def. of surveillance device substituted by No. 26/2004 s. 5(1)(k).
"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;
S. 3(1) def. of surveillance device warrant inserted by No. 26/2004 s. 5(1)(a).
"surveillance device warrant" means a warrant issued under Subdivision 2 of
Division 1 of Part 4 or under section 30(3);
S. 3(1) def. of tablet computer inserted by No. 54/2017 s. 3.
"tablet computer" means a mobile computer that contains a camera and a microphone;
S. 3(1) def. of this jurisdiction inserted by No. 26/2004 s. 5(1)(a).
"this jurisdiction" means Victoria;
"tracking device" means an electronic device the primary purpose of which is to determine the geographical location of a person or an object;
S. 3(1) def. of unsworn application inserted by No. 26/2004 s. 5(1)(a).
"unsworn application" for a warrant, means an application referred to in section 15(5) or 20C(5);
S. 3(1) def. of use inserted by No. 26/2004 s. 5(1)(a).
"use" of a surveillance device includes use of the device to record a conversation or other activity;
S. 3(1) def. of vehicle amended by No. 25/2009 s. 34(b).
"vehicle" includes motor vehicle, aircraft and vessel;
S. 3(1) def. of Victoria Police inserted by No. 26/2004 s. 5(1)(a), repealed by No. 37/2014 s. 10(Sch. item 163.1 (a)(iii)).
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S. 3(1) def. of Victorian Fisheries Authority inserted by No. 68/2016 s. 171(a).
"Victorian Fisheries Authority" means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016 ;
S. 3(1) def. of Victorian Inspectorate inserted by No. 82/2012 s. 138(1).
"Victorian Inspectorate" has the same meaning as it has in the Victorian Inspectorate Act 2011 ;
S. 3(1) def. of warrant substituted by No. 26/2004 s. 5(1)(l).
"warrant" (except in sections 33, 34 and 35) means surveillance device warrant
or retrieval warrant.
S. 3(2) amended by Nos 26/2004 s. 5(2)(a), 37/2014 s. 10(Sch. item 163.1(b)).
(2) The Chief Commissioner of Police may appoint in writing police officers of or above the rank of inspector to be authorised police officers for the purpose of approving applications for warrants and authorising the use of surveillance devices under warrants.
S. 3(3) amended by No. 26/2004 s. 5(2)(b).
(3) Subject to subsection (4), the Chief Commissioner of Police may appoint in writing authorised police officers to be senior officers in relation to Victoria Police.
S. 3(4) amended by No. 26/2004 s. 5(2)(c).
(4) The Chief Commissioner of Police may appoint an authorised police officer below the rank of commander to be a senior officer only if satisfied that the special nature of the officer's responsibilities requires that appointment.
S. 3(5) substituted by No. 56/2003 s. 8(2), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 195), 26/2004 s. 5(2)(d), repealed by No. 27/2016 s. 40(2).
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S. 3(6) inserted by No. 56/2003 s. 8(2), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 195), 26/2004 s. 5(2)(e), repealed by No. 27/2016 s. 40(2).
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S. 3(7) inserted by No. 26/2004 s. 5(3).
(7) For the purposes of this Act, an investigation into an offence against the law of this jurisdiction 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 (7) 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 (eg: a Victorian officer is investigating a conspiracy to import drugs into Victoria from NSW, and all the evidence of the offence is in NSW).
S. 3(8) inserted by No. 26/2004 s. 5(4).
(8) In this Act, a reference to the law enforcement officer primarily responsible for executing a warrant is a reference to the person named in the warrant as such a person, whether or not that person is physically present for any step in the execution of the warrant.