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 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 No. 13/2012 s. 13(1)(b) (2)(c). law enforcement agency means the following agencies— (a) Victoria Police; (b) the Australian Crime Commission; (c) the Department of Primary Industries; (d) the Department of Sustainability and Environment; (da) the IBAC; * * * * *
(a) if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(a), to a communication or publication of protected information; or (b) if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(b), to a communication or publication authorised by a law of the Commonwealth relating to the security of the Commonwealth; or (c) if the activity or conversation was observed, listened to, recorded or monitored in the circumstances referred to in section 9B(2)(c), to a communication or publication authorised by or under the Liquor Control Reform Act 1998 or the licence granted under that Act. S. 9D inserted by No. 70/2006 s. 3. 9D Offences by unincorporated bodies or firms s. 9D If this Part provides that an employer that is an unincorporated body or a firm is guilty of an offence, that reference to the employer must— (a) in the case of an unincorporated body, be read as a reference to each member of the committee of management of the body; and (b) in the case of a firm, be read as a reference to each member of the partnership. _______________ 11 Prohibition on communication or publication of private conversations or activities s. 11
Pt 4 Div. 3 (Heading and ss 25–30) substituted as Pt 4 Div. 3 (Heading and ss 25–30A) by No. 26/2004 s. 10 (as amended by No. 63/2004 s. 14). Division 3—Emergency authorisations S. 25 substituted by No. 26/2004 s. 10 (as amended by No. 63/2004 s. 14). 25 Application of Division s. 25 This Division does not apply to— (a) the following law enforcement agencies— (i) the Department of Primary Industries; (ii) the Department of Sustainability and Environment; or (b) law enforcement officers of the Department of Primary Industries or Department of Sustainability and Environment. S. 26 substituted by No. 26/2004 s. 10. 26 Emergency authorisation—risk of serious personal violence or substantial property damage (1) A law enforcement officer of a law enforcement agency may apply to a senior officer of the agency for an emergency authorisation for the use of a surveillance device if the law enforcement officer on reasonable grounds suspects or believes that— (a) an imminent threat of serious violence to a person or substantial damage to property exists; and (b) the use of a surveillance device is immediately necessary for the purpose of dealing with that threat; and (c) the circumstances are so serious and the matter is of such urgency that the use of a surveillance device is warranted; and
S. 30A inserted by No. 26/2004 s. 10. 30A Admissibility of evidence s. 30A If the exercise of powers under an emergency authorisation is approved under section 30, evidence obtained because of the exercise of those powers is not inadmissible in any proceeding only because the evidence was obtained before the approval. __________________ Pt 4A (Heading and ss 30B, 30C) inserted by No. 26/2004 s. 11. S. 30B inserted by No. 26/2004 s. 11. 30B Corresponding warrants s. 30B A corresponding warrant may be executed in this jurisdiction in accordance with its terms as if it were a surveillance device warrant or retrieval warrant (as the case requires) issued under Division 1 of Part 4. S. 30C inserted by No. 26/2004 s. 11. 30C Corresponding emergency authorisations (1) A corresponding emergency authorisation authorises the use of a surveillance device in accordance with its terms in this jurisdiction, as if it were an emergency authorisation given under Division 3 of Part 4. (2) Subsection (1) does not apply at any time after a judge orders, under a provision of a corresponding law that corresponds to section 30(4), that the use of a surveillance device under the corresponding emergency authorisation cease. _______________
completed an investigation under section 30P, the Victorian Inspectorate must complete the investigation in accordance with that section. (11) If, before the commencement day, the Special Investigations Monitor had not completed its reporting obligations under section 30Q, the Victorian Inspectorate must complete the reporting obligations in accordance with that section. (12) In this section, commencement day means the day on which section 147 of the Integrity and Accountability Legislation Amendment Act 2012 comes into operation. S. 44 inserted by No. 82/2012 s. 141. 44 Transitional provisions—Public Interest Monitor and repeal of Police Integrity Act 2008 s. 44 If, immediately before the repeal of the Police Integrity Act 2008 a law enforcement officer who is a prescribed member of staff of the Office of Police Integrity has made an application referred to in section 12A and the Public Interest Monitor has not, before the repeal of that Act, returned any document given by that officer to the Public Interest Monitor under section 12B or 12C in relation to that application, on and after the repeal of that Act, the Public Interest Monitor must return those documents to the IBAC. ENDNOTES Endnotes General Information Minister's second reading speech—