Cap. 651 Art. 2Interpretation.    Cap. 586.  Cap. 516.  Cap. 164.  S.L. 595.14.

In this Act, unless the context otherwise requires:

"Act" means the Electronic Monitoring Act;

"breach" and "suspected breach" mean any act that contravenes or may contravene the conditions that may be prescribed in the electronic monitoring order, including but not limited to:

(a) restrictions of access or a prohibition for the person concerned to enter any premises identified in the order; and

(b) restrictions on the movement of the person concerned, including movement at prescribed times of the day:

Provided that failure on the part of the person concerned to respond or contact the responsible authority shall also constitute a "breach" or "suspected breach"; "Commissioner" means the Information and Data

Protection Commissioner established under article 11 of the

Data Protection Act;

"contracting party" means any public entity, private entity, or both, which the responsible authority considers is capable of performing the function entrusted to it by way of delegation from the responsible authority;

"Court" means the Court of Magistrates in its jurisdiction as a Court of Criminal Judicature or Court of Criminal Inquiry, the Criminal Court and the Court of Criminal Appeal;

"electronic monitoring equipment" means any equipment, worn or otherwise, by means of which the movements of a person concerned are monitored for the purposes of the Act;

"electronic monitoring order" means the order issued by the Court, Parole Board or Correctional Services Agency prescribing the monitoring of the movements of a person concerned by means of a secure electronic device, as established in Schedule I;

"electronic monitoring system" means the system whereby the movements of persons required to wear or carry electronic monitoring equipment for the purposes of the Act are tracked on a twenty-four (24) hour basis from a control room;

"issuing authority" means the authority which is responsible for issuing an electronic monitoring order;

"Minister" means the Minister responsible for home affairs;

"Parole Board" means the Board established under article 8 of the Restorative Justice Act;

"person concerned" means a person who has been issued with an electronic monitoring order under articles 4, 5, 6 or 7;

"Police" means the Malta Police Force as established under article 3 of the Police Act;

"responsible authority" means the Local Enforcement

System Agency established by article 3 of the Local Enforcement System (Establishment as an Agency) Order:

Provided that the responsible authority may delegate some or all of its functions to a contracting party, or enter into a partnership with a contracting party to perform some or all of its functions;

"tampers" means any act that interferes with or is capable of interfering with the proper functioning of the electronic monitoring equipment or which disrupts, or is capable of disrupting, the transmission of the monitoring tracking signal of the electronic monitoring equipment.