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). 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; * * * * * (d) in relation to the Department of Environment and Primary Secretary to that department; (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; s. 3 S. 3(1) def. of inserted by No. 13/2012 s. 13(1)(e). Commissioner has the same meaning as it has in section 3(1) of the Independent Anti-corruption Commission Act 2011; S. 3(1) def. of 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; Industries— based
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 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 Commission established under the Independent Broad-based Anti-corruption Commission Act 2011; s. 3 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). law enforcement agency means the following agencies— (a) Victoria Police; (b) the Australian Crime Commission; * * * * * (d) the Department of Environment and Primary Industries;
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— s. 3 (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 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). * * * * * 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). 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 s. 3 (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
(a) in the case of a device to determine the location of a person, without the express or implied consent of that person; or (b) in the case of a device to determine the location of an object, without the express or implied consent of a person in lawful possession or having lawful control of that object. In the case of a natural person, level 7 imprisonment (2 years maximum) or a level 7 fine (240 penalty units maximum) or both; In the case of a body corporate, 1200 penalty units. Note to s. 8(1) inserted by No. 13/2013 s. 42(1). Note Section 32A applies to an offence against this subsection. (2) Subsection (1) does not apply to— S. 8(2)(a) amended by No. 26/2004 s. 7(b). (a) the installation, use or maintenance of a tracking device in accordance with a warrant, emergency authorisation, corresponding warrant or corresponding emergency authorisation; or S. 8(2)(aa) inserted by No. 91/2009 s. 219(Sch. 3 item 4). (aa) the installation, use or maintenance of a tracking device in accordance with a detention order or supervision order or an interim order under the Serious Sex Offenders (Detention and Supervision) Act 2009; or S. 8(2)(ab) inserted by No. 15/2013 s. 8. (ab) the installation, use or maintenance of a tracking device in accordance with a parole order under the Corrections Act 1986; or
(5) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (6) In this section— body corporate has the same meaning as in section 32; officer in relation to a body corporate, has the same meaning as in section 32. 33 Search warrant s. 33 S. 33(1) amended by Nos 26/2004 s. 15(c), 25/2009 s 35(1), 37/2014 s. 10(Sch. item 163.3). (1) A police officer may apply to a magistrate for the issue of a search warrant in relation to particular premises or a particular vehicle located in a public place if the police officer suspects on reasonable grounds that there is, or may be within the next 72 hours, on the premises or on or in the vehicle a particular thing that may be evidence of an offence against this Act. S. 33(2) amended by Nos 26/2004 s. 15(c), 25/2009 s. 35(2)(a), 37/2014 s. 10(Sch. item 163.3). (2) If a magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on the premises or on or in the vehicle located in a public place a particular thing that may be evidence of an offence against this Act, the magistrate may issue a search warrant authorising a police officer named in the warrant and any assistants the police officer considers necessary— S. 33(2)(a) amended by No. 25/2009 s. 35(2)(b). (a) to enter, by force if necessary, the premises or vehicle or part of the premises or vehicle named or described in the warrant; and S. 33(2)(b) substituted by No. 25/2009 s. 35(2)(c). (b) to search the premises or vehicle or any person found on the premises or on or in the vehicle for any thing named or described in the warrant; and
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.