Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 80

80 .         Terms used

                In this Part, unless the contrary intention appears —

        appeal , against a decision, includes to seek a review of the decision;

        assumed name , of an operative, has the meaning given in section 83(2)(a)(i);

        corresponding law means a law of another jurisdiction that corresponds to this Part, and includes a prescribed law of another jurisdiction;

        corresponding witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 82;

        court includes —

            (a)         a tribunal or other body established or continued under a written law and having a power to obtain evidence or information;

            (b)         a Royal Commission established under the Royal Commissions Act 1968 ;

            (c)         a commission, board, committee or other body established by the Governor or by the Government of the State to inquire into any matter;

        court name , for an operative in relation to a proceeding, means a name (other than the operative’s real name) or code used to identify the operative in the proceeding;

        court proceeding means any criminal, civil or other proceeding before, or inquiry, reference or examination by, a court, and includes an arbitration;

        false representation does not include a representation made under an authority under Part 2 or 3;

        investigation means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction;

        operative means a person who is or was —

            (a)         a participant in an authorised operation under Part 2; or

            (b)         authorised to acquire and use an assumed identity under Part 3; or

            (c)         a law enforcement officer otherwise using an assumed identity for the purposes of a law enforcement operation;

        parliamentary committee means a committee or other body established by either or both Houses of Parliament to inquire into any matter;

        parliamentary proceeding means any proceeding before, or inquiry, reference or examination by, a parliamentary committee;

        party , to a proceeding, means —

            (a)         for a criminal proceeding, the prosecutor and each accused person; or

            (b)         for a civil proceeding, each person who is a party to the proceeding; or

            (c)         for any other proceeding, each person who may appear or give evidence in the proceeding;

        proceeding means a court proceeding or a parliamentary proceeding;

        professional misconduct means —

            (a)         an offence against the discipline of the Police Force under the Police Act 1892 ; or

            (b)         misconduct or a breach of discipline (however described) under a law of another jurisdiction that corresponds to the Police Act 1892 ; or

            (c)         misconduct or a breach of discipline (however described) under a law of the Commonwealth that governs the conduct of members of staff of the Australian Crime Commission;

            (d)         a breach of discipline as defined in the Public Sector Management Act 1994 section 3(1),

        as the case requires, but does not include conduct that is the subject of an informal inquiry only;

        witness identity protection certificate means a certificate given under section 82.

        [Section 80 amended: No. 9 of 2022 s. 424.]