Australian Capital Territory Current Acts Australian Capital Territory Current ActsDictionary
(see s 3)
Note 1 The Legislation Act
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACT
• Commonwealth
• coroner
• function
• in relation to
• integrity commission
• integrity commissioner
• judge
• Legislative Assembly
• magistrate
• territory law
• working day.
"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
(Cwlth).
"body-worn camera"—see section 43A.
"chief officer" means—
(a) in relation to the Australian Federal Police—the chief police officer; and
(b) in relation to the Australian Crime Commission—the chief executive officer of the Australian Crime Commission; and
(c) in relation to the integrity commission—the integrity commissioner.
computer means an 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 (Emergency authorisations).
corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by regulation to correspond to this Act.
corresponding warrant means a warrant issued under the provisions of a corresponding law that correspond to part 2 (Warrants).
"corrupt conduct"—see the Integrity Commission Act 2018
, dictionary.
"data surveillance device"—
(a) means a 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
(b) 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 (Emergency authorisations).
"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 Australian Federal Police; or
(b) the Australian Crime Commission; or
(c) the integrity commission.
"law enforcement officer"—
(a) means—
(i) a police officer; or
(ii) a member of staff of the Australian Crime Commission; or
(iii) an investigator under the Integrity Commission Act 2018
; and
(b) 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"—
(a) means a 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
(b) 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"—
(a) means a device capable of being used to record visually or observe an activity; but
(b) 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 the following, whether in or outside the ACT:
(a) land;
(b) a building or vehicle;
(c) a part of a building or vehicle;
(d) any place, whether built on or not.
"protected information", for division 5.1 (Restrictions on use, communication and publication of information)—see section 33.
"public officer"—
(a) means—
(i) a person employed by, or holding an office established under a law of, the Territory; or
(ii) a person employed by a territory authority; and
(b) includes a law enforcement officer.
record includes the following:
(a) an audio, visual or audiovisual record;
(b) a record in digital form;
(c) a documentary record prepared from a record mentioned in paragraph (a) or (b).
"relevant offence" means—
(a) an offence against an ACT law punishable by imprisonment of 3 years or more; or
(b) an offence against an ACT law prescribed by regulation.
"relevant proceeding" means any of the following:
(a) the prosecution of a relevant offence;
(b) a proceeding for the confiscation, forfeiture or restraint of property or for the imposition of a pecuniary penalty in connection with a relevant offence;
(c) a proceeding for the protection of a child or intellectually impaired person;
(d) a proceeding concerning the validity of a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation;
(e) a disciplinary proceeding against a public officer;
(f) an examination before the integrity commission;
(g) 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;
(h) a proceeding under the Mutual Assistance in Criminal Matters Act 1987
(Cwlth), section 13 in relation to a criminal matter that concerns an offence—
(i) against the laws of the foreign country that made the request resulting in the proceeding; and
(ii) punishable by imprisonment of 3 years or more.
(i) a proceeding for the taking of evidence under the Extradition Act 1988
(Cwlth), section 43 to the extent that the proceeding relates to a relevant offence;
(j) a proceeding for the extradition of a person from another jurisdiction to the ACT, to the extent that the proceeding relates to a relevant offence;
(k) a proceeding under the International War Crimes Tribunals Act 1995
(Cwlth), part 4.1;
(l) a proceeding of the International Criminal Court.
remote application for a warrant, means an application mentioned in section 12 or section 20.
"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 2.3 (Retrieval warrants).
"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 mentioned in paragraph (a); or
(c) a device of a kind prescribed by regulation.
"surveillance device warrant" means a warrant issued under division 2.2 (Surveillance device warrants) or under section 29 (3) (Judge may approve emergency use of powers).
tracking device means an electronic device capable of being used to work out or monitor the location of a person or an object or the status of an object.
"unsworn application", for a warrant, means an application under section 11 (4) or section 19 (4).
"use", of a surveillance device, includes use of the device to record a conversation or other activity.
"vehicle "includes aircraft and vessel.
warrant means surveillance device warrant or retrieval warrant.
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001
, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
A = Act |
NI = Notifiable instrument |
|
AF = Approved form |
o = order |
|
am = amended |
om = omitted/repealed |
|
amdt = amendment |
ord = ordinance |
|
AR = Assembly resolution |
orig = original |
|
ch = chapter |
par = paragraph/subparagraph |
|
CN = Commencement notice |
pres = present |
|
def = definition |
prev = previous |
|
DI = Disallowable instrument |
(prev...) = previously |
|
dict = dictionary |
pt = part |
|
disallowed = disallowed by the Legislative |
r = rule/subrule |
|
Assembly |
reloc = relocated |
|
div = division |
renum = renumbered |
|
exp = expires/expired |
R[X] = Republication No |
|
Gaz = gazette |
RI = reissue |
|
hdg = heading |
s = section/subsection |
|
IA = Interpretation Act 1967 |
sch = schedule |
|
ins = inserted/added |
sdiv = subdivision |
|
LA = Legislation Act 2001 |
SL = Subordinate law |
|
LR = legislation register |
sub = substituted |
|
underlining = whole or part not commenced |
|
|
mod = modified/modification |
or to be expired |
Crimes (Surveillance Devices) Act 2010 A2010-23
notified LR 7 July 2010
s 1, s 2 commenced 7 July 2010 (LA s 75 (1))
remainder commenced 7 January 2011 (s 2 and LA s 79)
as amended by
Statute Law Amendment Act 2014
A2014-18 sch 3 pt 3.7
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.7 commenced 10 June 2014 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2014 (No 2)
A2014-49 sch 1 pt 1.6
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
sch 1 pt 1.6 commenced 17 November 2014 (s 2)
Crimes Legislation Amendment Act 2015
A2015-3 pt 7
notified LR 2 March 2015
s 1, s 2 commenced 2 March 2015 (LA s 75 (1))
pt 7 commenced 3 March 2015 (s 2 (1))
Freedom of Information Act 2016
A2016-55 sch 4 pt 4.8 (as am by A2017-14
notified LR 26 August 2016
s 1, s 2 commenced 26 August 2016 (LA s 75 (1))
sch 4 pt 4.8 commenced 1 January 2018 (s 2 as am by A2017-14
Justice and Community Safety Legislation Amendment Act 2017 (No 2)
A2017-14 s 19
notified LR 17 May 2017
s 1, s 2 commenced 17 May 2017 (LA s 75 (1))
s 19 commenced 24 May 2017 (s 2 (1))
Note This Act only amends the Freedom of Information Act 2016
A2016-55.
Crimes Legislation Amendment Act 2018 (No 2)
A2018-40 pt 5
notified LR 7 November 2018
s 1, s 2 commenced 7 November 2018 (LA s 75 (1))
pt 5 commenced 8 November 2018 (s 2)
A2018-52 sch 1 pt 1.8 (as am
by
A2019-18
notified LR 11 December 2018
s 1, s 2 commenced 11 December 2018 (LA s 75 (1))
sch 1 pt 1.8 commenced 1 December 2019 (s 2 (2) (a) as
am by
A2019-18
Integrity Commission Amendment Act 2019
A2019-18 s 4
notified LR 14 June 2019
s 1, s 2 commenced 14 June 2019 (LA s 75 (1))
s 3, s 4 commenced 15 June 2019 (s 2 (1))
Note This Act only amends the Integrity Commission Act 2018
A2018-52.
Crimes Legislation Amendment Act 2021 (No 2)
A2021-18 pt 4
notified LR 11 August 2021
s 1, s 2 commenced 11 August 2021 (LA s 75 (1))
pt 4 commenced 11 February 2022 (s 2 (2) and LA s 79)
Justice and Community Safety Legislation Amendment Act 2021 (No 2)
A2021-33 pt 7
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
pt 7 commenced 17 December 2021 (s 2 (1))
Courts Legislation Amendment Act 2023
A2023-37 sch 1 pt 1.4
notified LR 29 September 2023
s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
sch 1 pt 1.4 commenced 30 September 2023 (s
2)
Commencement
s
2 om LA s 89 (4)
Purposes of
Act
s 6 am A2018-52
amdt 1.55; A2021-18
Relationship to other laws and
matters
s 7 am A2016-55
amdt 4.10; A2021-18
Investigation taken to be conducted in
ACT
s 8 am A2018-52
amdt 1.56
Who may issue
warrants?
s 10 am A2018-40
amdt 1.6
Surveillance device
warrant—application
s 11 am A2018-52
amdts 1.57-1.59
Surveillance device warrant—deciding
the application
s 13 am A2018-52
amdt 1.60
What must a surveillance device warrant
contain?
s 14 am A2018-52
amdt 1.61
Extension and amendment of surveillance
device warrant
s 16 am A2014-18
amdt 3.28, amdt 3.29
Discontinuance of use of surveillance device
under warrant
s 18 am A2018-52
amdt 1.62
What must a retrieval warrant
contain?
s 22 am A2015-3
Application of pt 3—integrity
commission
s 24A ins A2018-52
amdt 1.63
Prohibition on communication or publication
of protected information
s 34 am A2014-49
amdt 1.13; A2018-52
amdt 1.64; pars renum R7 LA
Protection of surveillance device
technologies and methods
s 36 am A2018-52
amdt 1.65
Body-worn
cameras
pt 5A hdg ins A2021-18
Meaning of body-worn
camera
s 43A ins A2021-18
Use of body-worn cameras by police
officers
s 43B ins A2021-18
Body-worn
cameras—guidelines
s 43C ins A2021-18
Delegation
s
44 am A2018-52
amdt 1.66; A2021-33
Dictionary
dict am
A2014-18
amdt 3.30; A2018-52
amdt
1.67
def body-worn camera
ins A2021-18
s
13
def chief officer am A2018-52
amdt
1.68
def corrupt conduct
ins A2018-52
amdt
1.69
def judge ins A2018-40
s 16
om
A2023-37
amdt
1.7
def law enforcement
agency am A2018-52
amdt
1.70
def law enforcement
officer am A2018-52
amdt
1.71
def relevant
proceeding am A2018-52
amdt 1.72; pars renum R7
LA
def unsworn application
sub A2014-18
amdt 3.31
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No and date |
Effective |
Last amendment made by |
Republication for |
|---|---|---|---|
|
R1 |
7 Jan
2011– |
not amended |
new Act |
|
R2 |
10 June
2014– |
A2014-18 |
amendments by A2014-18
R3
17 Nov
2014
17 Nov
2014-
2 Mar 2015
A2014-49
amendments by A2014-49
R4
3 Mar
2015
3 Mar
2015-
31 Dec 2017
A2015-3
amendments by A2015-3
R5
1 Jan
2018
1 Jan
2018–
7 Nov 2018
A2017-14
amendments by A2016-55
as
amended by A2017-14
R6
8 Nov
2018
8 Nov
2018–
30 Nov 2019
A2018-40
amendments by A2018-40
R7
1 Dec
2019
1 Dec
2019–
16 Dec 2021
A2019-18
amendments by A2018-52
as
amended by A2019-18
R8
17 Dec
2021
17 Dec
2021–
10 Feb 2022
A2021-33
amendments by A2021-33
R9
11 Feb
2022
11 Feb
2022–
29 Sept 2023
A2021-33
amendments by A2021-18
©
Australian Capital Territory 2023