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Act No. 89 of 1987 as made
An Act to amend the Telecommunications (Interception) Act 1979, and for other purposes
Administered by: Attorney-General's
Date of Assent 05 Jun 1987
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015
 

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Repeal of section 3

4. Insertion of heading

5. Interpretation

6. Insertion of new sections:

5A. Communicating etc. certain information

5B. Exempt proceedings

5C. Information or question relevant to inspection by Ombudsman

7. Interception of a communication

8. Insertion of new sections:

6A. Investigation of an offence

6B. Involvement in an offence

6C. Issue of warrant to agency or eligible authority

6D. Judges

6E. Lawfully obtained information

6F. Offences

6G. Officer of the Commonwealth, of a State or of a Territory

6H. Person to whom application relates

6J. Proceeding by way of a prosecution for an offence

6K. Proceeding for confiscation or forfeiture or for pecuniary
penalty

6L. Relevant proceedings

6M. Terminating the appointment of an officer

9. Telecommunications not to be intercepted

10. Repeal of sections 7A, 7B, 7BA and 7C

11. How warrants etc. to be dealt with

12. Repeal of section 16

13. Amendment of heading

14. Repeal of sections 18, 19 and 20 and substitution of new sections:

20A. Issue of warrant in relation to class 1 offence

20B. Issue of warrant in relation to class 2 offence

15. Warrants under this Part

16. Repeal of sections 22, 23 and 24 and substitution of new section:

23. Revocation of warrant

17. How warrants etc. to be dealt with

18. Repeal of sections 25A, 26, 27, 28 and 29

19. Emergency request

20. Repeal of section 31

21. Addition of new Parts:

PART VI - WARRANTS AUTHORISING THE AUSTRALIAN
FEDERAL POLICE TO INTERCEPT TELECOMMUNICATIONS

Division 1 - Telecommunications Interception Division of the Australian
Federal Police

32. Constitution

33. Function

Division 2 - Declaration of State Law Enforcement Authorities as Agencies

34. Declaration of an eligible authority of a State as an agency

35. Preconditions for declaration

36. Disallowance of declaration

37. Revocation of declaration

38. Effect of revocation

Division 3 - Applications for Warrants

39. Agency may apply for warrant

40. Form of application

41. Contents of application

42. Affidavit to accompany written application

43. Information to be given on telephone application

44. Giving further information to Judge

Division 4 - Warrants

45. Issue of warrant in relation to class 1 offence

46. Issue of warrant in relation to class 2 offence

47. Limit on authority conferred by warrant under section 45 or 46

48. Issue of warrant for entry on premises

49. Form and content of warrant

50. Issue of warrant on telephone application

51. Action by agency after warrant issued on telephone application

52. Judge may revoke warrant where section 51 contravened

53. Australian Federal Police to be informed of issue of warrants to
other agencies

54. When certain warrants come into force

55. Who may exercise authority conferred by warrant

56. Revocation of warrant by Commissioner or Deputy Commissioner

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of
Police

57. Revocation of warrant by chief officer of other agency

58. Discontinuance of interceptions under certain warrants

59. When revocation of certain warrants takes effect

60. Managing Director to be informed of issue or revocation of
warrant

61. Evidentiary certificates

PART VII - DEALING WITH INTERCEPTED INFORMATION

62. Application of Part

63. No dealing except as permitted

64. Dealing in connection with Organization's functions

65. Communicating information obtained by Organization

66. Interceptor may communicate to agency to which warrant was
issued

67. Dealing for permitted purpose in relation to agency

68. Chief officer may communicate information obtained by agency

69. State authority may ask not to receive information under section
68

70. Communicating information obtained by interception under Part V

71. Dealing with information where interception suspected to be
unlawful

72. Making record for purpose of permitted communication

73. Further dealing by recipient under section 67 or 71

74. Giving information in evidence in exempt proceeding

75. Giving information in evidence where defect in connection with
warrant

76. Giving information in evidence where interception otherwise
unlawful

77. Intercepted material inadmissible except as provided

78. Where evidence otherwise inadmissible

79. Certain restricted records to be destroyed

PART VIII - KEEPING AND INSPECTION OF INTERCEPTION
RECORDS OF COMMONWEALTH AGENCIES

80. Commonwealth agencies to keep documents connected with issue of
warrants

81. Other records to be kept by Commonwealth agencies in connection
with interceptions

82. Functions of Ombudsman

83. Inspections

84. Reports

85. Ombudsman may report on other breaches of this Act

86. Ombudsman's general powers

87. Power to obtain relevant information

88. Ombudsman to be given information and access notwithstanding
other laws

89. Dealing with information for the purposes of inspection and
report

90. Ombudsman not to be sued

91. Delegation by Ombudsman

92. Application of Ombudsman Act

PART IX - REPORTS ABOUT INTERCEPTIONS UNDER
PARTS IV, V AND VI

Division 1 - Reports to the Minister

93. Annual report to Minister about interceptions under Part V

94. Commonwealth agencies to report to Minister about applications
and warrants under Parts IV and VI

95. Minister may seek further information from Commonwealth agency

96. State authority to report to Minister in some cases

97. Report by Managing Director about acts done in connection with
certain warrants under Part IV or VI

98. Report by Commissioner of Police about acts done in connection
with Part VI warrant

Division 2 - Reports by the Minister

99. Annual report by Minister about warrants under Parts IV and VI

100. Report to set out how many applications made and warrants issued

101. Report to contain particulars about duration of warrants

102. Report to contain information about effectiveness of warrants

103. Report to contain other prescribed matters

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Division 3 - Provisions about Annual Reports

104. Annual reports

PART X - OFFENCES

105. Contravention of section 7 or 63

106. Obstruction

107. Offences relating to inspections under Part VIII

PART XI - REGULATIONS

108. Regulations

22. Further amendments

23. Consequential amendments of other Acts

SCHEDULE 1

FURTHER AMENDMENTS OF PRINCIPAL ACT

SCHEDULE 2

CONSEQUENTIAL AMENDMENTS OF OTHER ACTS

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - LONG TITLE

An Act to amend the Telecommunications (Interception)
Act 1979, and for other purposes

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 1
Short title etc.

(Assented to 5 June 1987)
1. (1) This Act may be cited as the Telecommunications (Interception) Amendment Act 1987.

(2) The Telecommunications (Interception) Act 1979*1* is in this Act referred to as the Principal Act.

(Minister's second reading speech made in - House of Representatives on 30 April 1987 Senate on 4 June 1987) *1*No. 114, 1979, as amended. For previous amendments, see No. 181, 1979; Nos. 114 and 116, 1983; Nos. 6 and 116, 1984; Nos. 8 and 63, 1985; and No. 102, 1986.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 2
Commencement

2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on a day to be fixed by Proclamation.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 3
Repeal of section 3

3. Section 3 of the Principal Act is repealed.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 4
Insertion of heading

4. After section 4 of the Principal Act the following heading is inserted:

"PART IA - INTERPRETATION".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 5
Interpretation

5. (1) Section 5 of the Principal Act is amended:

(a) by omitting from subsection (1) the definitions of "Managing Director of the Commission" and "warrant"; and
(b) by omitting subsection (3).

(2) Section 5 of the Principal Act is amended by inserting in subsection (1) the following definitions in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):

"'affidavit' includes affirmation;
'agency' means:

(a) except in Part VII:

(i) a Commonwealth agency; or
(ii) an eligible authority of a State in relation to which a
declaration under section 34 is in force; and
(b) in Part VII:

(i) a Commonwealth agency; or
(ii) an eligible authority of a State;
'ancillary offence' means an offence constituted by:

(a) aiding, abetting, counselling or procuring the commission of
an offence;
(b) being, by act or omission, in any way, directly or indirectly,
knowingly concerned in, or party to, the commission of an offence;
(c) receiving or assisting a person who is, to the offender's
knowledge, guilty of an offence, in order to enable the person to escape punishment or to dispose of the proceeds of the last-mentioned offence;
(d) attempting or conspiring to commit an offence; or
(e) inciting, urging, aiding or encouraging, or printing or
publishing any writing that incites, urges, aids or encourages, the commission of an offence or the carrying on of any operations for or by the commission of an offence;
'Australian Capital Territory' includes the Jervis Bay Territory;
'authority', in relation to a State, includes:

(a) a Minister of that State;
(b) an officer of that State;
(c) an authority or body established for a public purpose by or
under a law of that State; and

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(d) without limiting the generality of paragraph (c), the Police
Force of that State;
'Authority' means the National Crime Authority;
'Authority Act' means the National Crime Authority Act 1984;
'certifying officer', in relation to an agency, or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police - the
Commissioner of Police or a Deputy Commissioner of Police;
(b) in the case of the Authority - a member of the Authority;
(c) in the case of the Police Force of a State - the Commissioner
of that Police Force or an officer of that Police Force of the rank that is equivalent to the rank of a Deputy Commissioner of Police; or
(d) in the case of the Drug Crime Commission - a member of
the Drug Crime Commission;
'chief officer', in relation to an agency, or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police - the
Commissioner of Police;
(b) in the case of the Authority - the Chairman of the Authority;
(c) in the case of the Police Force of a State - the Commissioner
of that Police Force; or
(d) in the case of the Drug Crime Commission - the Chairperson
of the Drug Crime Commission;
'class 1 offence' means:

(a) a murder, or an offence of a kind equivalent to murder;
(b) a kidnapping, or an offence of a kind equivalent to
kidnapping;
(c) a narcotics offence; or
(d) an offence constituted by:

(i) aiding, abetting, counselling or procuring the
commission of;
(ii) being, by act or omission, in any way, directly or
indirectly, knowingly concerned in, or party to, the commission of; or
(iii) conspiring to commit;
an offence of a kind referred to in paragraph (a), (b) or (c); and, except for the purposes of an application for a warrant by an agency other than the Authority, includes an offence in relation to which the Authority is conducting a special investigation within the meaning of the Authority Act;
'class 2 offence' means:

(a) an offence punishable by imprisonment for life or for a
period, or maximum period, of at least 7 years, where the particular conduct constituting the offence involved, involves, or would involve, as the case requires:

(i) loss of a person's life or serious risk of loss of a
person's life;
(ii) serious personal injury or serious risk of serious
personal injury;
(iii) serious damage to property in circumstances
endangering the safety of a person;
(iv) trafficking in narcotic drugs;
(v) serious fraud; or
(vi) serious loss to the revenue of the Commonwealth or
of a State; or
(b) an offence constituted by:

(i) aiding, abetting, counselling or procuring the
commission of;
(ii) being, by act or omission, in any way, directly or
indirectly, knowingly concerned in, or party to, the commission of; or
(iii) conspiring to commit;
an offence that is a class 2 offence by virtue of paragraph
(a);
'Commissioner', in relation to the Police Force of a State, means the Commissioner of Police (however designated) of that State;
'Commonwealth agency' means:

(a) the Australian Federal Police; or
(b) the Authority;
'communicate', in relation to information, includes divulge;
'conduct' includes any act or omission;
'Deputy Commissioner of Police' means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979;
'Drug Crime Commission' means the State Drug Crime Commission of New South Wales;
'Drug Crime Commission Act' means the State Drug Crime Commission Act 1985 of New South Wales;
'eligible authority', in relation to a State, means:

(a) in any case - the Police Force of that State; or
(b) in the case of New South Wales - the Drug Crime
Commission;
'Governor', in relation to a State, means, in the case of the Northern Territory, the Administrator of the Northern Territory;

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'inspecting officer' means:

(a) the Ombudsman;
(b) a Deputy Commonwealth Ombudsman; or
(c) a member of the staff referred to in subsection 31 (1) of the
Ombudsman Act 1976;
'in the possession of', in relation to a document, record or copy, includes in the custody of or under the control of;
'law of the Commonwealth' includes a law of the Australian Capital Territory;
'Managing Director' means the Managing Director of the Commission;
'member of a police force' means:

(a) a member of the Australian Federal Police; or
(b) an officer of the Police Force of a State or Territory;
'member of the Authority' includes the Chairman of the Authority;
'member of the Drug Crime Commission' means a person who is, or is acting in the office of, the Chairperson, or a member, of the Drug Crime Commission;
'member of the staff of the Authority' has the same meaning as it has in the Authority Act;
'member of the staff of the Drug Crime Commission' means a person who is, for the purposes of the Drug Crime Commission Act, a member of the staff of the Commission;
'Minister', in relation to a State, means:

(a) except where paragraph (b) applies - a Minister of the Crown
of that State; or
(b) in the case of the Northern Territory - a person holding
Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978;
'oath' includes affirmation;
'offence' means an offence against a law of the Commonwealth or of a State;
'officer', in relation to an agency, or an eligible authority of a State, means:

(a) in the case of the Australian Federal Police - a member of
the Australian Federal Police;
(b) in the case of the Authority - a member of the Authority or
a member of the staff of the Authority;
(c) in the case of the Police Force of a State - an officer of that
Police Force; or
(d) in the case of the Drug Crime Commission - a member of
the Drug Crime Commission or a member of the staff of the Drug Crime Commission;
'Ombudsman' means the Commonwealth Ombudsman;
'original warrant' means a warrant other than a renewal of a warrant;
'Part VI warrant' means a warrant issued or to be issued under Part VI;
'permitted purpose', in relation to an agency, or an eligible authority of a State, means a purpose connected with:

(a) in any case:

(i) an investigation by the agency or eligible authority of
a prescribed offence;
(ii) the making by an authority, body or person of a
decision whether or not to begin a relevant proceeding in relation to the agency or eligible authority;
(iii) a relevant proceeding in relation to the agency or
eligible authority; or
(iv) the exercise by the chief officer of the agency or
eligible authority of the powers conferred by section 68;
(b) in the case of the Australian Federal Police:

(i) an investigation of, or an inquiry into, alleged
misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, being an investigation or inquiry under a law of the Commonwealth or by a person in the person's capacity as an officer of the Commonwealth;
(ii) a report on such an investigation or inquiry;
(iii) the tendering to the Governor-General of advice to
terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or
(iv) deliberations of the Executive Council in connection
with advice to the Governor-General to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth;
(c) in the case of the Police Force of a State:

(i) an investigation of, or an inquiry into, alleged
misbehaviour, or alleged improper conduct, of an officer of that State, being an investigation or inquiry under a law of that State or by a person in the person's capacity as an officer of that State;
(ii) a report on such an investigation or inquiry;
(iii) the tendering to the Governor of that State of advice
to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or
(iv) deliberations of the Executive Council of that State
in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or

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(d) in the case of an eligible authority of a State:

(i) an inspection of the authority's records that is made
under a requirement of the law of that State, being a requirement of the kind referred to in paragraph 35 (1) (h); or
(ii) a report on such an inspection;
'police disciplinary proceeding' means a disciplinary proceeding, before a tribunal or body that is responsible for disciplining members of the Australian Federal Police or officers of a Police Force of a State, against a member of the Australian Federal Police, or an officer of that Police Force, as the case may be, not being a proceeding by way of a prosecution for an offence;
'Premier', in relation to a State, means, in the case of the Northern Territory, the Chief Minister of the Northern Territory;
'premises' includes:

(a) any land;
(b) any structure, building, aircraft, vehicle, vessel or place
(whether built on or not); and
(c) any part of such a structure, building, aircraft, vehicle, vessel
or place;
'prescribed investigation', in relation to an agency:

(a) in the case of the Authority - has the same meaning as in
the Authority Act;
(b) in the case of the Drug Crime Commission - means an
investigation that the Drug Crime Commission is conducting in the performance of its functions under the Drug Crime Commission Act;
'prescribed offence' means:

(a) a serious offence;
(b) an offence against subsection 7 (1) or section 63;
(c) an offence against section 86, 87, 88, 94 or 94A of the
Telecommunications Act 1975;
(d) any other offence punishable by imprisonment for life or for
a period, or maximum period, of at least 3 years; or
(e) an ancillary offence relating to an offence of a kind referred
to in paragraph (a), (b), (c) or (d) of this definition;
'proceeding' means:

(a) a proceeding or proposed proceeding in a federal court or in
a court of a State or Territory;
(b) a proceeding or proposed proceeding, or a hearing or proposed
hearing, before a tribunal in Australia, or before any other body, authority or person in Australia having power to hear or examine evidence; or
(c) an examination or proposed examination by or before such
a tribunal, body, authority or person;
'record' means:

(a) in relation to information - a record or copy, whether in
writing or otherwise, of the whole or a part of the information;
(b) in relation to an interception, whether or not in contravention
of subsection 7 (1), of a communication:

(i) a record or copy, whether in writing or otherwise, of
the whole or a part of the communication, being a record or copy made by means of the interception; or
(ii) a record or copy, whether in writing or otherwise, of
the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception; or
(c) in relation to a warrant under section 11 or 11A or Part IV:

(i) the whole or a part of a copy of a telegram made
under the warrant; or
(ii) a record or copy, whether in writing or otherwise, of
the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by virtue of the warrant;
'relevant offence', in relation to an agency, means:

(a) in the case of the Australian Federal Police - a prescribed
offence that is an offence against a law of the Commonwealth;
(b) in the case of the Authority - a prescribed offence to which
a prescribed investigation relates;
(c) in the case of the Police Force of a State - a prescribed
offence that is an offence against a law of that State; or
(d) in the case of the Drug Crime Commission - a prescribed
offence that is an offence against a law of New South Wales and to which a prescribed investigation relates;
'relevant statistics', in relation to applications of a particular kind, means all of the following:

(a) how many applications of that kind were made;
(b) how many applications of that kind were withdrawn or
refused; and
(c) how many warrants were issued on applications of that kind;
'renewal', in relation to a warrant issued to an agency in respect of a telecommunications service, means a warrant:

(a) that is issued to the agency in respect of that service; and

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(b) the application for which was made while:

(i) the first-mentioned warrant; or
(ii) a warrant that is, by virtue of any other application
or applications of this definition, a renewal of the first-mentioned warrant;
was still in force;
'renewal application' means an application by an agency for a warrant in respect of a telecommunications service, being an application made while a warrant issued to the agency in respect of that service is still in force;
'restricted record' means:

(a) a record obtained by an interception, whether or not in
contravention of subsection 7 (1), of a communication passing over a telecommunications system; or
(b) a record obtained by virtue of a warrant under section 11 or
11A or Part IV;
'section 11A information' means information obtained (whether before or after the commencement of this definition) by virtue of a warrant issued under section 11A;
'serious offence', means an offence that is or has been a class 1 offence or a class 2 offence;
'State' includes the Northern Territory;
'telegram' includes a material record, held by or on behalf of the Commission, of a message transmitted, or intended for transmission, as a telegram;
'telephone application' means an application made by telephone for a Part VI warrant;
'Territory' does not include the Northern Territory;
'warrant' means:

(a) except in Part VI - a warrant issued under this Act (whether
before or after the commencement of this definition); or
(b) in Part VI - a Part VI warrant.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 6

6. (1) After section 5 of the Principal Act the following sections are inserted:

Communicating etc. certain information
"5A. For the purposes of this Act, a person who gives to another person, makes use of, makes a record of, or produces in evidence in a proceeding, a record (in this section called the 'relevant record') obtained:

(a) by an interception, whether or not in contravention of subsection 7(1), of a communication; or
(b) by virtue of a warrant under section 11 or 11A or Part IV;
shall be taken to communicate to the other person, make use of, make a record of, or give in evidence in that proceeding, as the case may be, so much of the information obtained by the interception, or by virtue of the warrant, as the case may be, as can be derived from the relevant record.

Exempt proceedings
"5B. A reference in this Act to an exempt proceeding is a reference to:

(a) a proceeding by way of a prosecution for a prescribed offence;
(b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence;
(c) a proceeding for the taking of evidence pursuant to section 33A of the Extradition (Commonwealth Countries) Act 1966 or section 27A of the Extradition (Foreign States) Act 1966, in so far as the proceeding relates to a prescribed offence;
(d) a proceeding for the extradition of a person from New Zealand to Australia, or from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence;
(e) a police disciplinary proceeding; or
(f) any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth or of a State.

Information or question relevant to inspection by Ombudsman
"5C. (1) For the purposes of this Act, information or a question is relevant to an inspection under Part VIII of an agency's records if the information or question is about:

(a) in any case:

(i) the location;
(ii) the making, compilation or keeping; or
(iii) the accuracy or completeness;
of any of those records;
(b) in any case - any matter to which any of those records relates; or
(c) if the Ombudsman suspects on reasonable grounds that an officer of the agency has contravened this Act - any matter relating to the suspected contravention.

"(2) Nothing in subsection (1) limits the generality of a reference in this Act to information, or to a question, that is relevant to an inspection of an agency's records.".

(2) Section 5A of the Principal Act as amended by this section is for the avoidance of doubt and shall not affect by implication the interpretation of the Principal Act as in force before the commencement of this section.

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TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 7
Interception of a communication

7. Section 6 of the Principal Act is amended:

(a) by omitting from subsection (1) "subsection (2)" and substituting "this section"; and
(b) by adding at the end of the following subsections:

"(3) Where:

(a) a communication is intercepted by a member of the Australian
Federal Police under a warrant issued under section 45 or 46 to an agency other than the Australian Federal Police; and
(b) while the communication is being so intercepted, an officer
of the agency:

(i) being the person who applied for the warrant on the
agency's behalf; or
(ii) in relation to whom an authorisation under subsection
66 (2) by the chief officer of the agency is in force in relation to the warrant;
listens to or records the communication as a result of action taken, by a member of the Australian Federal Police who is entitled to exercise the authority conferred by the warrant, for the purpose of enabling such officers to listen to or record communications intercepted under the warrant;
subsection (4) has effect.

"(4) For the purposes of this Act:

(a) the listening or recording first referred to in paragraph (3) (b)
does not constitute the interception of the communication;
(b) information obtained by that listening or recording shall be
deemed to have been obtained by the interception referred to in paragraph (3) (a); and
(c) a record or copy, whether in writing or otherwise, of the
whole or a part of the communication, being a record or copy made by means of that listening or recording, shall be deemed to have been made by means of that interception.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 8

8. After section 6 of the Principal Act the following sections are inserted in Part IA:

Investigation of an offence
"6A. (1) A reference in this Act to the investigation by an agency, or by an eligible authority of a State, of an offence is a reference to:

(a) in the case of the Australian Federal Police - an investigation of that offence, in the course of the performance by the Australian Federal Police of its functions, by members of the Australian Federal Police;
(b) in the case of a Police Force of a State - an investigation of that offence, in the course of the performance by that Police Force of its functions, by officers of that Police Force; or
(c) in the case of the Authority or the Drug Crime Commission - a prescribed investigation, in so far as it relates to that offence.

"(2) A reference in this Act to an investigation, in relation to an offence, is, in the case of an offence that is suspected on reasonable grounds of being likely to be committed, a reference to the investigation of the likely commission of that offence.

Involvement in an offence
"6B. For the purposes of this Act, a person shall be taken to be involved in an offence if, and only if, the person:

(a) has committed, or is committing, the offence; or
(b) is suspected on reasonable grounds of having committed, of committing, or of being likely to commit, the offence.

Issue of warrant to agency or eligible authority
"6C. For the purposes of this Act, a warrant issued on an application by an agency or an officer of an agency, or on an application by an eligible authority of a State, shall be taken to be issued to that agency or eligible authority, as the case may be.

Judges
"6D. (1) In this Act:

'eligible Judge' means a Judge in relation to whom a consent under subsection (2) and a declaration under subsection (3) are in force; 'Judge'
means a person who is a Judge of a court created by the Parliament.

"(2) A Judge may by writing consent to be nominated by the Minister under subsection (3).

"(3) The Minister may by writing declare Judges in relation to whom consents are in force under subsection (2) to be eligible Judges for the purposes of this Act.

"(4) A person who is or has been an eligible Judge is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, by the person in good faith in the performance or exercise, or the purported performance or exercise, of a function or power conferred by this Act on an eligible Judge.

Lawfully obtained information
"6E. (1) Subject to subsection (2), a reference in this Act to lawfully obtained information is a reference to information obtained (whether before or after the commencement of this section):

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(a) by intercepting, otherwise than in contravention of subsection 7 (1), a communication passing over a telecommunications system; or
(b) by virtue of a warrant issued under section 11 or 11A or Part IV.

"(2) A reference in this Act to lawfully obtained information that was originally obtained by an agency, or by an eligible authority of a State, is a reference to information obtained (whether before or after the commencement of this section):

(a) in any case - by intercepting a communication under a warrant issued to the agency or authority; or
(b) in the case of the Australian Federal Police - by virtue of a warrant issued under Part IV.

Offences
"6F. Except so far as the contrary intention appears, a reference in this Act to an offence, or to an offence of a particular kind, is a reference to an offence, or to an offence of that kind, as the case may be, that:

(a) has been committed or is being committed; or
(b) is suspected on reasonable grounds of having been committed, of being committed or of being likely to be committed.

Officer of the Commonwealth, of a State or of a Territory
"6G. (1) A reference in this Act to an officer, in relation to the Commonwealth, includes a reference to:

(a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the Commonwealth;
(b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the Commonwealth, or is an officer or employee of such an authority or body; and
(c) an officer of the Australian Capital Territory;
but does not include a reference to an officer of the Northern Territory or of an external Territory.

"(2) A reference in this Act to an officer, in relation to a State or Territory, includes a reference to:

(a) a person holding, or acting in, an office (including a judicial office) or appointment, or employed, under a law of the State or Territory; and
(b) a person who is, or is a member of, an authority or body established for a public purpose by or under a law of the State or Territory, or is an officer or employee of such an authority or body.

"(3) Subsection (2) does not apply in relation to a reference to an officer of the Police Force of a State.

Person to whom application relates
"6H. For the purposes of this Act, an application by an agency to a Judge for a warrant in respect of a telecommunications service relates to a particular person if, and only if, information has been, or is proposed to be, given to the Judge under Part VI, in connection with the application, in order to satisfy the Judge, in relation to the person, of the matters referred to in paragraphs 45 (c) and (d) or 46 (1) (c) and (d).

Proceeding by way of a prosecution for an offence
"6J. A reference in this Act to a proceeding by way of a prosecution for an offence includes a reference to a proceeding with a view to the committal of a person for trial for the offence.

Proceeding for confiscation or forfeiture or for pecuniary penalty
"6K. A reference in this Act to a proceeding, or to a proceeding under a law of the Commonwealth, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence includes a reference to:

(a) a proceeding for the condemnation or recovery of a ship or aircraft, or of goods, seized under section 203 of the Customs Act 1901 in connection with the commission of a narcotics offence; and
(b) a proceeding by way of an application for an order under subsection 243B (1) of the Customs Act 1901.

Relevant proceedings
"6L. (1) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is, in the case of the Australian Federal Police or a Police Force of a State, a reference to:

(a) a proceeding by way of a prosecution for a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be;
(b) a proceeding under a law of the Commonwealth, or of that State, as the case may be, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence;
(c) a proceeding for the taking of evidence as mentioned in paragraph 5B (c), in so far as the proceeding relates to:

(i) a prescribed offence; or
(ii) a prescribed offence that is an offence against a law of that
State;
as the case may be;
(d) a proceeding for the extradition of a person as mentioned in paragraph 5B (d), in so far as the proceeding relates to a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be;

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(e) a police disciplinary proceeding that is a proceeding against a member of the Australian Federal Police, or of that Police Force, as the case may be; or
(f) any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, or of that State, as the case may be.

"(2) A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is:

(a) in the case of the Authority - a reference to a proceeding by way of a prosecution for a prescribed offence to which a prescribed investigation relates or related; or
(b) in the case of the Drug Crime Commission - a reference to a proceeding by way of a prosecution for a prescribed offence:

(i) that is an offence against the law of New South Wales; and
(ii) to which a prescribed investigation relates or related.

Terminating the appointment of an officer
"6M. A reference in this Act to terminating, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth or a State includes a reference to removing the officer from office on the ground of misbehaviour or improper conduct.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 9
Telecommunications not to be intercepted

9. Section 7 of the Principal Act is amended:

(a) by omitting from subsection (1) "Penalty: $5,000 or imprisonment for 2 years.";
(b) by omitting from subparagraph (2) (a) (ii) "a provision of the Telecommunications Act 1975 or of any regulation or by-law in force under that Act" and substituting "section 86, 87, 88, 94 or 94A of the Telecommunications Act 1975";
(c) by omitting from paragraph (2) (b) "in pursuance of" and substituting "under"; and
(d) by omitting subsections (4) to (8), inclusive.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 10
Repeal of sections 7A, 7B, 7BA and 7C

10. Sections 7A, 7B, 7BA and 7C are repealed.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 11
How warrants etc. to be dealt with

11. Section 15 of the Principal Act is amended:

(a) by omitting from paragraphs (1) (a) and (2) (a) and subsections (4) and (5) "of the Commission" (wherever occurring);
(b) by inserting in paragraph (1) (a) "and" after "be;";
(c) by omitting from paragraph (1) (b) "Security; and" and substituting "Security.";
(d) by omitting paragraph (1) (c);
(e) by inserting after subsection (1) the following subsection:

"(1A) The Director-General of Security shall, on receiving under
paragraph (1) (b) a warrant or an instrument of revocation, cause a copy of the warrant or instrument, certified in writing by the Director-General, or a Deputy Director-General of Security, to be a true copy of the warrant or instrument, to be forwarded as soon as practicable to the Managing Director.";
(f) by inserting in paragraph (2) (a) "and" after "be;";
(g) by omitting from paragraph (2) (b) "Director of the Commission; and" and substituting "Director.";
(h) by omitting paragraph (2) (c);
(j) by inserting after subsection (2) the following subsection:

"(2A) The Managing Director shall, on receiving under paragraph
(2) (b) a warrant or an instrument of revocation, cause a copy of the warrant or instrument, certified in writing by the Managing Director, or the Secretary of the Commission, to be a true copy of the warrant or instrument, to be forwarded as soon as practicable to the Director-General of Security.";
(k) by omitting from paragraph (4) (b) "him" and substituting "the Director-General or a Deputy Director-General of Security"; and
(m) by omitting subsections (6) and (7) and substituting the following subsections:

"(6) The Director-General of Security shall cause to be kept in
the Organization's records:

(a) each warrant issued under section 10;
(b) a copy of each warrant issued by the Director-General under
section 11;
(c) each warrant, and each instrument of revocation, received
under this section by the Director-General from the Attorney- General;
(d) each copy of a warrant, or of an instrument of revocation,
received under this section by the Director-General from the Managing Director; and
(e) each request, and each document, returned to the Director-General by the Attorney-General.

"(7) The Managing Director shall cause to be kept in the
Commission's records:

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(a) each warrant, and each instrument of revocation, received
under this section by the Managing Director from the Attorney-General; and
(b) each warrant, each copy of a warrant, and each copy of an
instrument of revocation, received under this section by the Managing Director from the Director-General of Security.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 12
Repeal of section 16

12. Section 16 of the Principal Act is repealed.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 13
Amendment of heading

13. The heading to Part IV of the Principal Act is amended by omitting "TELECOMMUNICATIONS AND".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 14

14. Sections 18, 19 and 20 of the Principal Act are repealed and the following sections are substituted:

Issue of warrant in relation to class 1 offence
"20A. Where a member of the Australian Federal Police applies to an eligible Judge for the issue of a warrant under this Part in relation to a person, and the Judge is satisfied, by information on oath, that:

(a) information that would be likely to be obtained by access under a warrant to telegrams (in this section called 'relevant telegrams') lodged by or on behalf of, or addressed to or intended to be received by, that person would be likely to assist in connection with the investigation by the Australian Federal Police of a class 1 offence, or class 1 offences, in which that person is involved; and
(b) having regard to:

(i) the extent to which methods of investigating the offence or
offences that do not involve access to telegrams have been used by, or are available to, the Australian Federal Police;
(ii) how much of the information referred to in paragraph (a)
would be likely to be obtained by such methods; and
(iii) how much the use of such methods would be likely to
prejudice the investigation by the Australian Federal Police of the offence or offences, whether because of a delay in obtaining some or all of that information or for any other reason;
some or all of that information cannot appropriately be obtained by such methods;
the Judge may, in his or her discretion, issue a warrant authorising the Commission:

(c) to inspect, and make copies of, relevant telegrams lodged at a specified telegraph office, or addressed to, or intended to be received at, a specified place; and
(d) to furnish such copies to the Commissioner of Police.

Issue of warrant in relation to class 2 offence
"20B. (1) Where a member of the Australian Federal Police applies to an eligible Judge for the issue of a warrant under this Part in relation to a person, and the Judge is satisfied, by information on oath, that:

(a) information that would be likely to be obtained by access under a warrant to telegrams (in this section called 'relevant telegrams') lodged by or on behalf of, or addressed to or intended to be received by, that person would be likely to assist in connection with the investigation by the Australian Federal Police of a class 2 offence, or class 2 offences, in which that person is involved; and
(b) having regard to the matters referred to in subsection (2), and to no other matters, the Judge should issue a warrant under this section in relation to that person;
the Judge may issue a warrant authorising the Commission:

(c) to inspect, and make copies of, relevant telegrams lodged at a specified telegraph office, or addressed to, or intended to be received at, a specified place; and
(d) to furnish such copies to the Commissioner of Police.

"(2) The matters to which the Judge shall have regard are:

(a) how much the privacy of any person or persons would be likely to be interfered with by access, under a warrant, to relevant telegrams;
(b) the gravity of the conduct constituting the offence or offences being investigated;
(c) how much the information referred to in paragraph (1) (a) would be likely to assist in connection with the investigation by the Australian Federal Police of the offence or offences;
(d) to what extent methods of investigating the offence or offences that do not involve access to telegrams have been used by, or are available to, the Australian Federal Police;
(e) how much the use of such methods would be likely to assist in connection with the investigation by the agency of the offence or offences; and
(f) how much the use of such methods would be likely to prejudice the investigation by the Australian Federal Police of the offence or offences, whether because of delay or for any other reason.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 15
Warrants under this Part

15. Section 21 of the Principal Act is amended:
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(a) by omitting subsection (1);
(b) by omitting from subsections (2) and (3) "subsection (1)" and substituting "section 20A or 20B";
(c) by omitting from paragraph (3) (b) "applicant considers it necessary that the warrant should be issued" and substituting "application is based";
(d) by omitting subsection (4) and (5) and substituting the following subsections:

"(4) A warrant issued by a Judge under section 20A or 20B:

(a) shall be in accordance with the prescribed form;
(b) shall be signed by the Judge; and
(c) shall specify, as the period for which it is to be in force, a
period of up to 90 days.

"(4A) A Judge shall not vary a warrant issued under this Part
by extending the period for which it is to be in force.

"(5) Neither of subsections (4) and (4A) prevents the issue of a
further warrant in relation to a person in relation to whom a warrant has, or warrants have, previously been issued.";
(e) by omitting from subsections (6) and (7) "section" (wherever occurring) and substituting "Part";
(f) by omitting from subsection (6) "Managing Director of the Commission" (wherever occurring) and substituting "Managing Director"; and
(g) by omitting from subsection (7) "in pursuance of" and substituting "under".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 16

16. (1) Sections 22, 23 and 24 of the Principal Act are repealed and the following section is substituted:

Revocation of warrant
"23. Where, before a warrant issued under this Part expires, the Commissioner of Police or a Deputy Commissioner of Police is satisfied that the grounds on which the warrant was issued have ceased to exist, he or she shall forthwith take such steps as are necessary to ensure that the inspection of telegrams under the warrant is discontinued and shall, by writing signed by him or her, revoke the warrant.".

(2) Notwithstanding subsection (1), sections 22 and 23 of the Principal Act continue to have effect in relation to a warrant under section 20 or 21 of the Principal Act.

(3) Nothing in Part VII of the Principal Act as amended by this Act affects an obligation arising under section 24 of the Principal Act.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 17
How warrants etc. to be dealt with

17. (1) Section 25 of the Principal Act is amended:

(a) by omitting subsections (1) and (3);
(b) by omitting from subsection (2) "section 21" and substituting "this Part"; and
(c) by omitting from paragraphs (2) (a) and (b) "of the Commission".

(2) Notwithstanding subsection (1), section 25 of the Principal Act continues to have effect in relation to a warrant under section 20 or 21 of the Principal Act.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 18
Repeal of sections 25A, 26, 27, 28 and 29

18. (1) Sections 25A, 26, 27, 28 and 29 of the Principal Act are repealed.

(2) A certificate issued under subsection 25A (1) of the Principal Act and in force immediately before the commencement of this section has effect after that commencement as if it were a certificate duly issued under subsection 61 (1) of the Principal Act as in force after that commencement.

(3) A document purporting to be a certificate issued under subsection 25A (1) of the Principal Act shall, after the commencement of this section, be deemed, for the purposes of subsection 61 (2) of the Principal Act as in force after that commencement, to be a document purporting to be a certificate issued under subsection 61 (1) of the Principal Act as so in force.

(4) Subsection 61 (1) of the Principal Act as amended by this Act applies in relation to a warrant under section 20 of the Principal Act and so applies as if in that subsection:

(a) the reference to a warrant under Part VI of the Principal Act as so amended included a reference to a warrant under that section; and
(b) the reference to acts or things done included a reference to acts or things done before the commencement of this section.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 19
Emergency request

19. Section 30 of the Principal Act is amended:

(a) by omitting from paragraph (3) (b) "of the Commission"; and
(b) by adding at the end the following subsection:

"(4) As soon as practicable after making to an officer of the
Commission a request under, or purporting to be under, subsection (1) or (2), a member of a police force shall give, or cause another member of a police force to give, to the Managing Director a written confirmation of the request that sets out the information given by the first-mentioned member to that officer in connection with the request.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 20
Repeal of section 31

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20. Section 31 of the Principal Act is repealed.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 21

21. The Principal Act is amended by adding at the end the following Parts:

"PART VI - WARRANTS AUTHORISING THE AUSTRALIAN
FEDERAL POLICE TO INTERCEPT TELECOMMUNICATIONS
"Division 1 - Telecommunications Interception Division of the Australian
Federal Police
Constitution
"32. The Commissioner of Police shall constitute, within the Australian Federal Police, a Division to be known as the Telecommunications Interception Division.

Function
"33. The function of the Telecommunications Interception Division is to execute warrants.

"Division 2 - Declaration of State Law Enforcement Authorities as
Agencies
Declaration of an eligible authority of a State as an agency
"34. (1) Subject to section 35, the Minister may, at the request of the Premier of a State, declare an eligible authority of that State to be an agency for the purposes of this Act.

"(2) Section 5 of the Evidence Act 1905 applies to a declaration under this section as that section applies to an order made by the Minister.

Preconditions for declaration
"35. (1) The Minister shall not make a declaration under section 34 in relation to an eligible authority of a State unless he or she is satisfied that the law (in this subsection called the 'relevant law') of that State makes satisfactory provision:

(a) imposing on the chief officer of the eligible authority requirements corresponding to the requirements that subsections 80 (2) and 81 (2) and (3) impose on the Chairman of the Authority;
(b) requiring the chief officer of the eligible authority to give to a specified Minister (in this subsection called the 'responsible Minister') of that State a copy of each warrant issued to the eligible authority, and of each instrument under section 52 or 57 revoking such a warrant, as soon as practicable after the issue or revocation of the warrant;
(c) requiring the chief officer of the eligible authority to give to the responsible Minister, within 3 months after a warrant issued to the eligible authority ceases to be in force, a written report about:

(i) the use made by the eligible authority of information obtained
by interceptions under the warrant; and
(ii) the communication of such information to persons other than officers of the eligible authority;
(d) requiring the chief officer of the eligible authority to give to the responsible Minister as soon as practicable, and in any event within 2 months, after each 30 June, a written report that sets out such information as:

(i) Division 2 of Part IX requires to be set out in the Minister's report
under that Division relating to the year ending on that 30 June; and
(ii) can be derived from the eligible authority's records;
(e) requiring the responsible Minister to give to the Minister, as soon as practicable after:

(i) a copy of a warrant issued to the eligible authority;
(ii) a copy of an instrument revoking such a warrant; or
(iii) a report of a kind referred to in paragraph (c) or (d);
is given to the responsible Minister, a copy of the warrant, instrument or report, as the case may be;
(f) requiring the chief officer of the eligible authority to cause a restricted record (whether made before or after the commencement of this section) that is in the possession of the eligible authority to be kept, except when it is being otherwise dealt with in accordance with this Act and the relevant law, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it;
(g) requiring the chief officer of the eligible authority to cause a restricted record of a kind referred to in paragraph (f) to be destroyed forthwith where the chief officer is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the eligible authority, other than a purpose connected with an inspection of the kind referred to in paragraph (j) or with a report on such an inspection;
(h) requiring regular inspections of the eligible authority's records, for the purpose of ascertaining the extent of compliance by the officers of the eligible authority with the requirements referred to in paragraphs (a), (f) and (g) of this subsection, to be made by an authority of that State that is independent of the eligible authority and on which sufficient powers have been conferred to enable the independent authority to make a proper inspection of those records for that purpose;
(j) requiring an authority of that State that has made an inspection of the eligible authority's interception records for the purpose referred to in paragraph (h) to report in writing to the responsible Minister about the results of the inspection;
(k) empowering an authority of that State that, as a result of inspecting the eligible authority's records for the purpose referred to in paragraph (h),

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is of the opinion that an officer of the eligible authority has contravened:

(i) a provision of this Act; or
(ii) a requirement referred to in paragraph (b) or (c);
to include in the report on the inspection a report on the contravention; and
(m) requiring the responsible Minister to give to the Minister, as soon as practicable after a report on an inspection of the kind referred to in paragraph (j) is given to the responsible Minister, a copy of the report.

"(2) The Minister shall not make a declaration under section 34 in relation to an eligible authority of a State unless the Minister is satisfied that that State has entered into an agreement:

(a) to pay all expenses connected with the issue of warrants to the authority;
(b) to make payments to the Commission and the Australian Federal Police in respect of all expenses respectively incurred, or to be incurred, by them in connection with:

(i) enabling warrants issued to the authority to be executed; and
(ii) the execution of such warrants; and
(c) to make payments to the Australian Federal Police in respect of an appropriate proportion of the expenses incurred, or to be incurred, in connection with establishing the Telecommunications Interception Division.

Disallowance of declaration
"36. (1) The provisions of sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply to declarations under section 34 as if in those sections references to regulations were references to declarations, references to a regulation were references to a declaration and references to repeal were references to revocation.

"(2) Declarations under section 34 shall not be taken to be statutory rules within the meaning of the Statutory Rules Publication Act 1903.

Revocation of declaration
"37. (1) If requested by the Premier of a State to revoke a declaration in force under section 34 in relation to an eligible authority of that State, the Minister shall, by notice in writing published in the Gazette, revoke the declaration.

"(2) Subject to subsection (1), the Minister may, by notice in writing published in the Gazette, revoke a declaration in force under section 34 in relation to an eligible authority of a State if, and only if, the Minister is satisfied that:

(a) the law of that State no longer makes satisfactory provision in relation to the authority as mentioned in subsection 35 (1);
(b) the extent of compliance with a requirement of a law of that State, being a requirement of a kind referred to in subsection 35 (1), has been unsatisfactory in so far as the requirement relates to the authority;
(c) no agreement of the kind referred to in subsection 35 (2), being an agreement entered into by that State that relates to the authority, is in force;
(d) the extent of compliance by that State with the terms of an agreement of the kind referred to in subsection 35 (2), being an agreement entered into by that State, has been unsatisfactory in so far as the agreement relates to the authority; or
(e) the extent of compliance by the chief officer of the authority, or by officers of the authority, with this Act has been unsatisfactory.

Effect of revocation
"38. Where a declaration under section 34 in relation to an eligible authority of a State is revoked, this Act:

(a) continues to apply in relation to a warrant that was issued to the authority before the revocation; and
(b) so applies at a particular time as if the authority were an agency at that time.

"Division 3 - Applications for Warrants
Agency may apply for warrant
"39. (1) An agency may apply to an eligible Judge for a warrant in respect of a telecommunications service.

"(2) An application for a warrant shall be made on an agency's behalf by:

(a) in the case of the Australian Federal Police - a member of the Australian Federal Police;
(b) in the case of the Authority:

(i) a member of the Authority; or
(ii) a member of a police force who is a member of the staff of the
Authority;
(c) in the case of the Police Force of a State - an officer of that Police Force; or
(d) in the case of the Drug Crime Commission:

(i) a member of the Drug Crime Commission; or
(ii) an officer of the Police Force of New South Wales who is a member of
the staff of the Drug Crime Commission.

"(3) Nothing in this Part empowers a Judge to issue, on an application by an agency that is an eligible authority of a State, a warrant in respect of a telecommunications service situated outside that State.

Form of application
"40. (1) Subject to subsection (2), an application for a warrant shall be in

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writing.

"(2) If the person making an application for a warrant on an agency's behalf:

(a) is the chief officer of the agency or a person in relation to whom an authorisation by the chief officer is in force under subsection (3); and
(b) thinks it necessary, because of urgent circumstances, to make the application by telephone;
the person may make the application by telephone.

"(3) The chief officer of an agency may authorise in writing, for the purposes of subsection (2), persons who, or classes of persons who, are entitled under section 39 to make applications on the agency's behalf.

Contents of application
"41. A written application by an agency for a warrant shall set out:

(a) the name of the agency; and
(b) the name of the person making the application on the agency's behalf.

Affidavit to accompany written application
"42. (1) A written application by an agency for a warrant shall be accompanied by an affidavit complying with this section.

"(2) The affidavit shall set out the facts and other grounds on which the application is based.

"(3) The affidavit shall specify the period for which it is requested that the warrant be in force and shall state why it is considered necessary for the warrant to be in force for that period.

"(4) The affidavit shall set out, in relation to the service, and in relation to each person to whom the application relates, the following information, so far as it can be derived from the agency's records:

(a) the number of previous applications (if any) for warrants that the agency has made and that related to the service or to that person, as the case may be;
(b) the number of warrants (if any) previously issued on such applications; and
(c) particulars of the use made by the agency of information obtained by interceptions under such warrants.

"(5) Notwithstanding subsection (1), a written application may be accompanied by 2 or more affidavits that together set out each matter that, but for this subsection, this section would have required an affidavit accompanying the application to set out, specify or state.

Information to be given on telephone application
"43. The information given to a Judge in connection with a telephone application to the Judge:

(a) shall include particulars of the urgent circumstances because of which the person making the application on the agency's behalf thinks it necessary to make the application by telephone;
(b) shall include each matter that, if the application had been made in writing, section 41, 42 or 48 would have required the application, or an affidavit accompanying it, to set out, specify or state; and
(c) shall be given orally or in writing, as the Judge directs.

Giving further information to Judge
"44. (1) A Judge may require further information to be given in connection with an application to the Judge for a warrant.

"(2) The further information:

(a) shall be given on oath if the application was made in writing; and
(b) shall be given orally or otherwise, as the Judge directs.

"Division 4 - Warrants
Issue of warrant in relation to class 1 offence
"45. Where an agency applies to an eligible Judge for a warrant in respect of a telecommunications service and the Judge is satisfied, on the basis of the information given to the Judge under this Part in connection with the application, that:

(a) Division 3 has been complied with in relation to the application;
(b) in the case of a telephone application - because of urgent circumstances, it was necessary to make the application by telephone;
(c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the service;
(d) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency of a class 1 offence, or class 1 offences, in which the person is involved; and
(e) having regard to:

(i) the extent to which methods of investigating the offence or
offences that do not involve so intercepting communications have been used by, or are available to, the agency;
(ii) how much of the information referred to in paragraph (d)
would be likely to be obtained by such methods; and
(iii) how much the use of such methods would be likely to
prejudice the investigation by the agency of the offence or offences, whether because of a delay in obtaining some or all of that information or for any other reason;
some or all of that information cannot appropriately be obtained by such methods;

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the Judge may, in his or her discretion, issue a warrant authorising interceptions of communications made to or from the service.

Issue of warrant in relation to class 2 offence
"46. (1) Where an agency applies to an eligible Judge for a warrant in respect of a telecommunications service and the Judge is satisfied, on the basis of the information given to the Judge under this Part in connection with the application, that:

(a) Division 3 has been complied with in relation to the application;
(b) in the case of a telephone application - because of urgent circumstances, it was necessary to make the application by telephone;
(c) there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the services;
(d) information that would be likely to be obtained by intercepting under a warrant communications made to or from the service would be likely to assist in connection with the investigation by the agency of a class 2 offence, or class 2 offences, in which the person is involved; and
(e) having regard to the matters referred to in subsection (2), and to no other matters, the Judge should issue a warrant authorising such communications to be intercepted;
the Judge may, in his or her discretion, issue such a warrant.

"(2) The matters to which the Judge shall have regard are:

(a) how much the privacy of any person or persons would be likely to be interfered with by intercepting under a warrant communications made to or from the service referred to in subsection (1);
(b) the gravity of the conduct constituting the offence or offences being investigated;
(c) how much the information referred to in paragraph (1) (d) would be likely to assist in connection with the investigation by the agency of the offence or offences;
(d) to what extent methods of investigating the offence or offences that do not involve so intercepting communications have been used by, or are available to, the agency;
(e) how much the use of such methods would be likely to assist in connection with the investigation by the agency of the offence or offences; and
(f) how much the use of such methods would be likely to prejudice the investigation by the agency of the offence or offences, whether because of delay or for any other reason.

Limit on authority conferred by warrant under section 45 or 46
"47. A warrant under section 45 or 46 does not authorise communications to be intercepted except as the result of action taken by an officer of the Commission for the purpose of enabling the warrant to be executed.

Issue of warrant for entry on premises
"48. (1) An application for a warrant may include a request that the warrant authorise entry on premises and shall, if it includes such a request, specify the premises.

"(2) Where a written application for a warrant includes a request that the warrant authorise entry on specified premises, an affidavit accompanying the application shall:

(a) state why it is considered necessary for the warrant to authorise entry on those premises;
(b) set out the number of previous applications (if any) for warrants that the agency has made and that requested authorisation of entry on those premises; and
(c) set out the number of warrants (if any) previously issued on such application.

"(3) Where:

(a) an agency applies to an eligible Judge for a warrant in respect of a telecommunications service;
(b) the application includes a request that the warrant authorise entry on specified premises and the Judge is satisfied that subsection (2) has been complied with in relation to the application;
(c) section 45 or 46 empowers the Judge to issue a warrant on the application; and
(d) the Judge is satisfied, on the basis of the information given to the Judge under this Part in connection with the application, that:

(i) for technical reasons connected with the operation of the service or of
a telecommunications system of which the service forms a part; or
(ii) because execution of the warrant as a result of action taken by
officers of the Commission might jeopardise the security of the investigation by the agency of a serious offence in which a person to whom the application relates is involved;
it would be impracticable or inappropriate to intercept communications under a warrant in respect of the service otherwise than by using equipment installed on those premises;
subsections (4) and (5) apply.

"(4) The Judge may issue a warrant authorising:

(a) entry on those premises in order to install, maintain, use or recover equipment used to intercept communications being made to or from the service; and

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(b) interceptions of such communications by the use of that equipment.

"(5) If the Judge issues such a warrant:

(a) the warrant shall state whether entry is authorised to be made at any time of the day or night or only during specified hours; and
(b) the warrant may provide that entry may be made without permission first being sought or demand first being made, and authorise measures that the Judge is satisfied are necessary and reasonable for that purpose.

Form and content of warrant
"49. (1) A warrant shall be in accordance with the prescribed form and shall be signed by the Judge who issues it.

"(2) A warrant may specify conditions or restrictions relating to interceptions under the warrant.

"(3) A warrant shall specify, as the period for which it is to be in force, a period of up to 90 days.

"(4) A Judge shall not vary a warrant by extending the period for which it is to be in force.

"(5) Neither of subsections (3) and (4) prevents the issue of a further warrant in respect of a service in respect of which a warrant has, or warrants have, previously been issued.

"(6) In subsection (5), 'warrant' means a warrant issued under this Act.

"(7) A warrant shall set out short particulars of each serious offence in relation to which the Judge issuing the warrant was satisfied, on the application for the warrant, as mentioned in paragraph 45 (d) or 46 (1) (d), as the case may be.

Issue of warrant on telephone application
"50. (1) As soon as practicable after issuing a warrant on a telephone application, a Judge shall:

(a) complete and sign the warrant;
(b) inform the person who made the application on the agency's behalf of:

(i) the terms of the warrant; and
(ii) the day on which, and the time at which, the warrant was signed; and
(c) give the warrant to that person.

"(2) A Judge who issues a warrant on a telephone application shall keep a copy of the warrant.

Action by agency after warrant issued on telephone application
"51. (1) A person (in this section called the 'applicant') who makes a telephone application on an agency's behalf shall comply with this section within one day after the day on which a warrant is issued on the application.

"(2) The applicant shall cause each person who gave information to the Judge in connection with the application to swear an affidavit setting out the information so given by the person.

"(3) The applicant shall give to the Judge:

(a) the affidavit or affidavits; and
(b) unless the applicant is the chief officer of the agency - a copy of an authorisation by the chief officer under subsection 40 (3) that was in force in relation to the applicant when the application was made.

Judge may revoke warrant where section 51 contravened
"52. (1) Where a Judge who issued a warrant on a telephone application is satisfied that section 51 has not been complied with in relation to the warrant, he or she may, by writing signed by him or her, revoke the warrant and shall, if he or she does so:

(a) forthwith inform:

(i) the person who made the application on the agency's behalf;
or
(ii) the chief officer of the agency;
of the revocation; and
(b) give the instrument of revocation to that person, or to the chief officer, as soon as practicable.

"(2) Where a warrant issued to an agency other than the Australian Federal Police is revoked under subsection (1), the chief officer of the agency shall cause:

(a) the Commissioner of Police to be informed forthwith of the revocation; and
(b) the instrument of revocation to be given as soon as practicable to the Commissioner of Police.

Australian Federal Police to be informed of issue of warrants to other agencies
"53. (1) Where a warrant is issued to an agency other than the Australian Federal Police, the chief officer of the agency:

(a) shall cause the Commissioner of Police to be informed forthwith of the issue of the warrant;
(b) in the case of a warrant issued on a telephone application - may cause the Commissioner of Police to be notified in writing of the issue of the warrant; and
(c) shall cause the warrant to be given as soon as practicable to the Commissioner of Police.

"(2) A notification under paragraph (1) (b) of the issue of a warrant shall set out:

(a) the name of the Judge who issued the warrant;
(b) the date on which, and the time at which, the Judge signed the warrant;

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and
(c) the terms of the warrant as indicated by the Judge under section 50.

When certain warrants come into force
"54. A warrant issued to an agency other than the Australian Federal Police does not come into force until:

(a) in any case - the warrant; or
(b) if the warrant was issued on a telephone application - a notification under paragraph 53 (1) (b) of the issue of the warrant;
is received by or on behalf of the Commissioner of Police.

Who may exercise authority conferred by warrant
"55. (1) The authority conferred by a warrant may be exercised, and may only be exercised, by a member of the Australian Federal Police in relation to whom an approval under subsection (2) is in force in relation to the warrant.

"(2) The Commissioner of Police, or a member of the Australian Federal Police in relation to whom an appointment under subsection (3) is in force, may approve in writing members of the Australian Federal Police, or classes of members of the Australian Federal Police, to exercise the authority conferred by warrants or classes of warrants.

"(3) The Commissioner of Police may appoint in writing a member of the Australian Federal Police to be an approving officer for the purposes of subsection (2).

Revocation of warrant by Commissioner or Deputy Commissioner of Police
"56. (1) Where, before a warrant issued to the Australian Federal Police ceases to be in force, the Commissioner of Police or a Deputy Commissioner of Police is satisfied that the grounds on which the warrant was issued have ceased to exist, he or she shall forthwith take such steps as are necessary to ensure that interceptions of communications under the warrant are discontinued and shall, by writing signed by him or her, revoke the warrant.

"(2) At any time before a warrant issued to the Australian Federal Police ceases to be in force, the Commissioner of Police or a Deputy Commissioner of Police may, by writing signed by him or her, revoke the warrant.

Revocation of warrant by chief officer of other agency
"57. (1) Where, before a warrant issued to an agency other than the Australian Federal Police ceases to be in force, the chief officer of the agency is satisfied that the grounds on which the warrant was issued have ceased to exist, he or she shall:

(a) cause the Commissioner of Police to be informed forthwith that the chief officer proposes to revoke the warrant; and
(b) by writing signed by him or her, revoke the warrant.

"(2) At any time before a warrant issued to an agency other than the Australian Federal Police ceases to be in force, the chief officer of the agency may, by writing signed by him or her, revoke the warrant after causing the Commissioner of Police to be informed of the proposed revocation.

"(3) A chief officer of an agency who revokes a warrant shall cause:

(a) the Commissioner of Police to be informed forthwith of the revocation; and
(b) the instrument of revocation to be given as soon as practicable to the Commissioner of Police.

Discontinuance of interceptions under certain warrants
"58. Where:

(a) a warrant issued to the Australian Federal Police is revoked under subsection 52 (1); or
(b) under subsection 52 (2) or 57 (1) or (2), the Commissioner of Police is informed of the revocation or proposed revocation of a warrant;
the Commissioner of Police shall forthwith take such steps as are necessary to ensure that interceptions of communications under the warrant are discontinued.

When revocation of certain warrants takes effect
"59. A warrant revoked under subsection 52 (1) or 57 (1) or (2) does not cease to be in force until the instrument of revocation is received by or on behalf of the Commissioner of Police or the warrant expires, whichever happens sooner.

Managing Director to be informed of issue or revocation of warrant
"60. (1) Where a warrant is issued to an agency, or a warrant so issued is revoked, the chief officer of the agency shall cause:

(a) the Managing Director to be informed forthwith of the issue or revocation, as the case may be; and
(b) a copy of the warrant, or of the instrument of revocation, as the case may be, certified in writing by a certifying officer of the agency to be a true copy of the warrant or instrument, to be given as soon as practicable to the Managing Director.

"(2) Where the chief officer of an agency causes the Commissioner of Police to be notified under paragraph 53 (1) (b) of the issue of a warrant to the agency, the chief officer shall cause a copy of the notification to be given as soon as practicable to the Managing Director.

Evidentiary certificates
"61. (1) The Managing Director may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done by, or in relation to, officers of the Commission in order to enable a warrant to be executed.

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"(2) A document purporting to be a certificate issued under subsection (1) and purporting to be signed by the Managing Director shall be received in evidence in an exempt proceeding without further proof and is, in an exempt proceeding, conclusive evidence of the matters stated in the document.

"(3) The Commissioner of Police or a Deputy Commissioner of Police may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done:

(a) in order to enable, or in connection with enabling, a warrant issued to an agency to be executed; or
(b) in connection with the execution of a warrant issued to an agency.

"(4) A certifying officer of an agency may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to acts or things done in connection with:

(a) communication by a person to another person of;
(b) making use of;
(c) making a record of; or
(d) giving in evidence;
information obtained by intercepting a communication under a warrant issued to the agency.

"(5) A document purporting to be a certificate issued under subsection (3) or (4) by a certifying officer of an agency and purporting to be signed by him or her shall be received in evidence in an exempt proceeding without further proof and is, in an exempt proceeding, prima facie evidence of the matters stated in the document.

"PART VII - DEALING WITH INTERCEPTED INFORMATION
Application of Part
"62. Except so far as the contrary intention appears, this Part applies in relation to:

(a) information, whether obtained before or after the commencement of this Part;
(b) an interception, whether before or after that commencement, of a communication; and
(c) a proceeding, whether begun before or after that commencement.

No dealing except as permitted
"63. Subject to this Part, a person shall not, after the commencement of this Part:

(a) except in the performance of a duty of the person as an officer of the Commission, communicate to another person, make use of, or make a record of; or
(b) give in evidence in a proceeding;
lawfully obtained information or information obtained by intercepting a communication in contravention of subsection 7 (1).

Dealing in connection with Organization's functions
"64. (1) A person may, in connection with the performance by the Organization of its functions, or otherwise for purposes of security, communicate to another person, make use of, or make a record of, lawfully obtained information other than section 11A information.

"(2) A person, being the Director-General of Security or an officer or employee of the Organization, may, in connection with the performance by the Organization of its functions, communicate to another such person, make use of, or make a record of, section 11A information.

Communicating information obtained by Organization
"65. (1) The Director-General of Security may, personally, or by an officer authorised by the Director-General, communicate to another person, in accordance with paragraph 18 (3) (a) or (c) of the Australian Security Intelligence Organization Act 1979, lawfully obtained information.

"(2) A person to whom section 11A information has been communicated in accordance with subsection (1), or in accordance with an approval given under this subsection, may communicate that information to such persons, and in such manner, as are approved in writing by the Attorney-General.

Interceptor may communicate to agency to which warrant was issued
"66. (1) A person who has intercepted a communication under a warrant issued to an agency may communicate information obtained by the interception to:

(a) the officer of the agency who applied for the warrant on the agency's behalf; or
(b) an officer of the agency in relation to whom an authorisation under subsection (2) by the chief officer of the agency is in force in relation to the warrant.

"(2) The chief officer of an agency may authorise in writing officers, or classes of officers, of the agency to receive information obtained by interceptions under warrants, or classes of warrants, issued to the agency.

Dealing for permitted purpose in relation to agency
"67. An officer of an agency may, for a permitted purpose, or permitted purposes, in relation to the agency, and for no other purpose, communicate to another person, make use of, or make a record of, lawfully obtained information other than section 11A information.

Chief officer may communicate information obtained by agency
"68. The chief officer of an agency (in this section called the 'originating agency') may, personally, or by an officer of the originating agency authorised by the chief officer, communicate lawfully obtained information

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that was originally obtained by the originating agency:

(a) if the information relates, or appears to relate, to activities prejudicial to security - to the Director-General of Security;
(b) if the information relates, or appears to relate, to the commission of a relevant offence in relation to another agency:

(i) if the other agency is the Australian Federal Police or the Police
Force of a State - to a member of the Australian Federal Police or an officer of that Police Force, as the case may be; or
(ii) in any other case - to the chief officer of the other agency;
(c) if the information relates, or appears to relate, to:

(i) the subject matter of a proceeding under a law of the Commonwealth for
the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence;
(ii) an act or omission by a member of the Australian Federal Police that
may give rise to a proceeding against that member, or to which a proceeding against that member relates, being a police disciplinary proceeding; or
(iii) misbehaviour or improper conduct of an officer of the Commonwealth;
and the originating agency is not the Australian Federal Police - to the Commissioner of Police; and
(d) if the information relates, or appears to relate, to:

(i) the subject matter of a proceeding under a law of a State for the
confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence;
(ii) an act or omission by an officer of the Police Force of a State that
may give rise to a proceeding against that officer, or to which a proceeding against that officer relates, being a police disciplinary proceeding; or
(iii) misbehaviour or improper conduct of an officer of a State; and the
originating agency is not the Police Force of that State - to the Commissioner of that Police Force.

State authority may ask not to receive information under section 68
"69. (1) The chief officer of an eligible authority of a State in relation to which no declaration is in force under section 34 may, by writing given to the chief officer of another agency, request the other agency not to communicate information under section 68 to the eligible authority.

"(2) A request under subsection (1) remains in force until:

(a) the chief officer of the eligible authority revokes the request by writing given to the chief officer of the other agency; or
(b) a declaration is made under section 34 in relation to the eligible authority.

"(3) Where a request under subsection (1) is in force, section 68 does not permit an officer of the other agency to communicate information to an officer of the eligible authority.

Communicating information obtained by interception under Part V
"70. A member of a police force may, in the course of performing his or her duties as such a member, communicate to another member of a police force, or to any other person whose assistance may be required in dealing with an emergency of a kind referred to in paragraph 30 (1) (b), information communicated (whether before or after the commencement of this section) to the first-mentioned member in accordance with subsection 30 (3) or this section.

Dealing with information where interception suspected to be unlawful
"71. (1) Where a person suspects on reasonable grounds that information (in this section called the 'relevant information') obtained by intercepting a communication may tend to establish that a prescribed offence (in this section called a 'suspected offence'), being:

(a) an offence against subsection 7 (1) constituted by the interception, or by authorising, suffering or permitting, or doing an act or thing to enable, the interception;
(b) an offence against section 63 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the interception; or
(c) an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this subsection;
has been committed, the succeeding provisions of this section have effect, whether or not the interception contravened subsection 7 (1).

"(2) The person may communicate the relevant information to:

(a) the Attorney-General;
(b) the Director of Public Prosecutions;
(c) the Commissioner of Police; or
(d) the Chairman of the Authority.

"(3) A person to whom the relevant information is communicated in accordance with subsection (2) may, for a purpose connected with:

(a) an investigation of a suspected offence;
(b) the making by an authority, body or person of a decision whether or not to begin a proceeding by way of a prosecution for a suspected offence; or
(c) a proceeding by way of a prosecution for a suspected offence;
or for 2 or more such purposes, and for no other purpose, communicate to another person, make use of, or make a record of, some or all of the relevant information.

Making record for purpose of permitted communication

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"72. A person who is permitted by section 65, subsection 66 (1), section 68 or subsection 71 (2) to communicate particular information to another person may, for the purpose of so communicating the information in accordance with that section or subsection, make a record of the information, or cause such a record to be made.

Further dealing by recipient under section 67 or 71
"73. A person to whom information has, in accordance with section 67, subsection 71 (3) or this section, been communicated for a purpose, or for 2 or more purposes, may, for that purpose, or for one or more of those purposes, and for no other purpose, communicate to another person, make use of, or make a record of, that information.

Giving information in evidence in exempt proceeding
"74. (1) A person may give lawfully obtained information (other than section 11A information) in evidence in an exempt proceeding.

"(2) For the purposes of applying subsection (1) in relation to information, the question whether or not a communication was intercepted in contravention of subsection 7 (1) may be determined on the balance of probabilities.

Giving information in evidence where defect in connection with warrant
"75. (1) Where a communication has been intercepted in contravention of subsection 7 (1) but purportedly under a warrant (other than a warrant under section 11A), a person may give information obtained by the interception in evidence in an exempt proceeding, being a proceeding in a court or before a tribunal, body, authority or person, if the court, tribunal, body, authority or person, as the case may be, is satisfied that:

(a) but for an irregularity, the interception would not have constituted a contravention of subsection 7 (1); and
(b) in all the circumstances, the irregularity should be disregarded.

"(2) A reference in subsection (1) to an irregularity is a reference to a defect or irregularity (other than a substantial defect or irregularity):

(a) in, or in connection with the issue of, a document purporting to be a warrant; or
(b) in connection with the execution of a warrant, or the purported execution of a document purporting to be a warrant.

Giving information in evidence where interception otherwise unlawful
"76. A person may give information obtained by intercepting a communication in contravention of subsection 7 (1) in evidence in a proceeding by way of a prosecution for:

(a) an offence against subsection 7 (1) constituted by the interception, or by authorising, suffering or permitting, or doing any act or thing to enable, the interception;
(b) an offence against section 63 constituted by communicating to a person, making use of, making a record of, or giving in evidence in a proceeding, information obtained by the interception; or
(c) an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this section.

Intercepted material inadmissible except as provided
"77. (1) Where a communication passing over a telecommunications system has been intercepted, whether or not in contravention of subsection 7 (1), then:

(a) subject to paragraph (b), neither information, nor a record, obtained by the interception is admissible in evidence in a proceeding unless section 74, 75 or 76 permits a person to give in evidence in that proceeding information so obtained; and
(b) for the purpose of determining whether or not section 74, 75 or 76 permits a person to give in evidence in a proceeding information obtained by the interception:

(i) a person may communicate to another person, make use of, make a record
of, or give in evidence in the last-mentioned proceeding, information so obtained; and
(ii) information, or a record, so obtained is admissible in evidence in the
last-mentioned proceeding.

"(2) Neither information, nor a record, obtained by virtue of a warrant under section 11 or 11A or Part IV is admissible in evidence in a proceeding unless section 74 permits a person to give in evidence in that proceeding information obtained by virtue of the warrant.

Where evidence otherwise inadmissible
"78. Nothing in this Part renders information, or a restricted record, admissible in evidence in a proceeding to a greater extent than it would have been admissible in evidence in that proceeding if this Part had not been enacted.

Certain restricted records to be destroyed
"79. Where:

(a) a restricted record (whether made before or after the commencement of this section) is in the possession of an agency (other than an eligible authority of a State in relation to which a declaration is in force under section 34); and
(b) the chief officer of the agency is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the agency;

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the chief officer shall cause the restricted record to be destroyed forthwith.

"PART VIII - KEEPING AND INSPECTION OF INTERCEPTION
RECORDS OF COMMONWEALTH AGENCIES
Commonwealth agencies to keep documents connected with issue of warrants
"80. (1) The Commissioner of Police shall cause to be kept in the records of the Australian Federal Police (in this subsection called the 'agency'):

(a) each warrant issued to the agency under Part IV or VI;
(b) each instrument revoking such a warrant;
(c) each notification under paragraph 53 (1) (b) that is given to the Commissioner of Police;
(d) each warrant issued to another agency and given to the Commissioner of Police under subsection 53 (1);
(e) each instrument that revoked a warrant issued to another agency and is given to the Commissioner of Police under subsection 52 (2) or 57 (3);
(f) a copy of each certificate issued under subsection 61 (3) or (4) by a certifying officer of the agency; and
(g) a copy of each authorisation by the Commissioner of Police under subsection 66 (2).

"(2) The Chairman of the Authority shall cause to be kept in the Authority's records:

(a) a copy of each warrant issued to the Authority, certified in writing by a certifying officer of the Authority to be a true copy of the warrant;
(b) a copy of each notification under paragraph 53 (1) (b) of the issue of such a warrant, being a notification given to the Commissioner of Police;
(c) a copy of each instrument revoking such a warrant, certified in writing by a certifying officer of the Authority to be a true copy of the instrument;
(d) a copy of each certificate issued under subsection 61 (4) by a certifying officer of the Authority; and
(e) a copy of each authorisation by the Chairman under subsection 66 (2).

Other records to be kept by Commonwealth agencies in connection with
interceptions
"81. (1) The Commissioner of Police shall cause:

(a) particulars of each telephone application for a Part VI warrant made by the Australian Federal Police (in this subsection called the 'agency');
(b) in relation to each application by the agency for a warrant under Part IV or VI, a statement as to whether:

(i) the application was withdrawn or refused; or
(ii) a warrant was issued on the application;
(c) in relation to each Part VI warrant, particulars of:

(i) the warrant;
(ii) the day on which, and the time at which, each interception under the
warrant began;
(iii) the duration of each such interception; and
(iv) the name of the person who carried out each such interception;
(d) such information as is necessary to enable the Commissioner of Police to comply with section 98;
(e) in relation to each restricted record that has at any time been in the possession of the agency, particulars of:

(i) if the restricted record is a record obtained by an interception under a warrant, or obtained by virtue of a warrant under Part IV, being a warrant issued to the agency - that warrant;
(ii) each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the agency;
(iii) each occasion (if any) when the restricted record ceased (whether by
its destruction or otherwise) to be in the possession of the agency; and
(iv) each agency or other body (if any) from or to which, or other person
(if any) from or to whom, the agency received or supplied the restricted record;
(f) particulars of each use by the agency of lawfully obtained information;
(g) particulars of each communication of lawfully obtained information by an officer of the agency to a person or body other than such an officer; and
(h) particulars of each occasion when, to the knowledge of an officer of the agency, lawfully obtained information was given in evidence in a relevant proceeding in relation to the agency;
to be recorded in writing as soon as practicable after the happening of the events to which the particulars relate or the information or statement relates, as the case may be.

"(2) The Chairman of the Authority shall cause:

(a) particulars of each telephone application for a Part VI warrant made by the Authority;
(b) in relation to each application by the Authority for a Part VI warrant, a statement as to whether:

(i) the application was withdrawn or refused; or
(ii) a warrant was issued on the application;
(c) in relation to each restricted record that has at any time been in the possession of the Authority, particulars of:

(i) if the restricted record is a record obtained by an interception under a warrant issued to the Authority - that warrant;
(ii) each occasion when the restricted record came (whether by its making

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or otherwise) to be in the possession of the Authority;
(iii) each occasion (if any) when the restricted information ceased (whether by its destruction or otherwise) to be in the possession of the Authority; and
(iv) each agency or other body (if any) from or to which, or other person
(if any) from or to whom, the Authority received or supplied the restricted record;
(d) particulars of each use made by the Authority of lawfully obtained information;
(e) particulars of each communication of lawfully obtained information by an officer of the Authority to a person or body other than such an officer; and
(f) particulars of each occasion when, to the knowledge of an officer of the Authority, lawfully obtained information was given in evidence in a relevant proceeding in relation to the Authority;
to be recorded in writing as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

"(3) The chief officer of a Commonwealth agency shall cause to be kept in the agency's records each record that the chief officer has caused to be made under this section.

Functions of Ombudsman
"82. Subject to this Part, the Ombudsman has the following additional functions:

(a) to inspect a Commonwealth agency's records in order to ascertain the extent of compliance by the agency's officers with sections 79, 80 and 81;
(b) to report to the Minister about the results of inspections under this Part; and
(c) to do anything incidental or conducive to the performance of any of the preceding functions.

Inspections
"83. (1) The Ombudsman shall inspect the records of each Commonwealth agency:

(a) at least twice during the period beginning at the commencement of this Part and ending on 30 June 1988; and
(b) at least twice during each financial year beginning on or after 1 July 1988;
in order to ascertain the extent to which the agency's officers have complied with sections 79, 80 and 81 since that commencement, or since the last inspection under this Part of the agency's records, as the case requires.

"(2) The Ombudsman may at any time inspect a Commonwealth agency's records in order to ascertain the extent to which the agency's officers have complied during any period with sections 79, 80 and 81.

Reports
"84. (1) The Ombudsman shall, as soon as practicable, and in any event within 3 months, after the end of each financial year, report to the Minister in writing, in relation to each Commonwealth agency, about the results of the inspections under subsection 83 (1), during that financial year, of the agency's records.

"(2) The Ombudsman may report to the Minister in writing at any time about the results of an inspection under this Part and shall do so if so requested by the Minister.

"(3) The Ombudsman shall give a copy of a report under subsection (1) or (2) to the chief officer of the agency to which the report relates.

Ombudsman may report on other breaches of this Act
"85. Where, as a result of an inspection under this Part of the records of an agency, the Ombudsman is of the opinion that an officer of the agency has contravened a provision of this Act (other than section 79, 80 or 81), the Ombudsman may include in his or her report on the inspection a report on the contravention.

Ombudsman's general powers
"86. (1) For the purposes of an inspection under this Part of an agency's records, the Ombudsman:

(a) may, after notifying the chief officer of the agency, enter at any reasonable time premises occupied by the agency;
(b) is entitled to have full and free access at all reasonable times to all records of the agency;
(c) notwithstanding section 63 or any other law, is entitled to make copies of, and to take extracts from, records of the agency; and
(d) may require an officer of the agency to give the Ombudsman such information as the Ombudsman considers necessary, being information that is in the officer's possession, or to which the officer has access, and that is relevant to the inspection.

"(2) The chief officer of a Commonwealth agency shall ensure that the agency's officers provide to the Ombudsman such assistance in connection with the performance or exercise of the Ombudsman's functions or powers under this Part as the Ombudsman reasonably requires.

Power to obtain relevant information
"87. (1) Where the Ombudsman has reason to believe that an officer of an agency is able to give information relevant to an inspection under this Part of the agency's records, subsections (2) and (3) have effect.

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"(2) The Ombudsman may, by writing given to the officer, require the officer to give the information to the Ombudsman:

(a) by writing signed by the officer; and
(b) at a specified place and within a specified period.

"(3) The Ombudsman may, by writing given to the officer, require the officer to attend:

(a) before a specified inspecting officer;
(b) at a specified place; and
(c) within a specified period or at a specified time on a specified day;
in order to answer questions relevant to the inspection.

"(4) Where the Ombudsman:

(a) has reason to believe that an officer of an agency is able to give information relevant to an inspection under this Part of the agency's records; and
(b) does not know the officer's identity;
the Ombudsman may, by writing given to the chief officer of the agency, require the chief officer, or a person nominated by the chief officer, to attend:

(c) before a specified inspecting officer;
(d) at a specified place; and
(e) within a specified period or at a specified time on a specified day;
in order to answer questions relevant to the inspection.

"(5) The place, and the period or the time and day, specified in a requirement under this section shall be reasonable having regard to the circumstances in which the requirement is made.

Ombudsman to be given information and access notwithstanding other laws
"88. (1) Notwithstanding any other law, a person is not excused from giving information, answering a question, or giving access to a document, as and when required by or under this Part, on the ground that giving the information, answering the question, or giving access to the document, as the case may be, would contravene a law, would be contrary to the public interest or might tend to incriminate the person or make the person liable to a penalty, but:

(a) the information, the answer, or the fact that the person has given access to the document, as the case may be; and
(b) any information or thing (including a document) obtained as a direct or indirect consequence of giving the first-mentioned information, answering the question or giving access to the firstmentioned document, as the case may be;
is not admissible in evidence against the person except in a proceeding by way of a prosecution for an offence against section 107.

"(2) Nothing in section 63 or any other law prevents an officer of an agency from:

(a) giving information to an inspecting officer (whether orally or in writing and whether or not in answer to a question); or
(b) giving to an inspecting officer access to a record of the agency;
for the purposes of an inspection under this Part of the agency's records.

"(3) Nothing in section 63 or any other law prevents an officer of an agency from making a record of information, or causing a record of information to be made, for the purposes of giving the information to a person as permitted by subsection (2).

Dealing with information for the purposes of inspection and report
"89. Where:

(a) information is given or communicated to an inspecting officer, as permitted by subsection 88 (2) or this section, for the purposes of an inspection, or of a report on an inspection, under this Part of an agency's records; or
(b) an inspecting officer obtains information as a result of being given access to records of an agency, as permitted by subsection 88 (2), for the purposes of an inspection under this Part of the agency's records;
the inspecting officer may, notwithstanding section 63 or any other law, communicate to another inspecting officer, make use of, or make a record of, the information for the purposes of an inspection, or of a report on an inspection, under this Part of the agency's records.

Ombudsman not to be sued
"90. Subject to the provisions applying by virtue of subsection 92 (3), an inspecting officer, or a person acting under an inspecting officer's direction or authority, is not liable to an action, suit or proceeding for or in relation to an act done, or omitted to be done, in good faith in the performance or exercise, or the purported performance or exercise, of a function, power or authority conferred by this Part.

Delegation by Ombudsman
"91. (1) The Ombudsman may, either generally or as otherwise provided by the instrument of delegation, delegate to another inspecting officer, all or any of the Ombudsman's powers under this Part other than a power to report to the Minister and this power of delegation.

"(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Part, be deemed to have been exercised by the Ombudsman.

"(3) A delegation under subsection (1) does not prevent the exercise of a power by the Ombudsman.

"(4) A delegate shall, upon request by a person affected by the exercise of any power delegated to the delegate, produce the instrument of delegation, or

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a copy of the instrument, for inspection by the person.

Application of Ombudsman Act
"92. (1) Section 11A of the Ombudsman Act 1976 does not apply in relation to the exercise or proposed exercise of a power, or the performance or the proposed performance of a function, of the Ombudsman under this Part.

"(2) A reference in section 19 of the Ombudsman Act 1976 to the Ombudsman's operations does not include a reference to anything that an inspecting officer has done or omitted to do under this Part.

"(3) Subject to section 88 of this Act, subsections 35 (2), (3), (4) and (8) of the Ombudsman Act 1976 apply for the purposes of this Part and so apply as if:

(a) a reference in those subsections to an officer were a reference to an inspecting officer;
(b) a reference in those subsections to information did not include a reference to lawfully obtained information;
(c) a reference in those subsections to that Act were a reference to this Part;
(d) paragraph 35 (3) (b) of that Act were omitted; and
(e) section 35A of that Act had not been enacted.

"PART IX - REPORTS ABOUT INTERCEPTIONS UNDER PARTS
IV, V AND VI
"Division 1 - Reports to the Minister
Annual report to Minister about interceptions under Part V
"93. The Managing Director shall, as soon as practicable after each 30 June, give to the Minister a written report about the interceptions carried out pursuant to requests made, or purporting to be made, under section 30 during the year ending on that 30 June.

Commonwealth agencies to report to Minister about applications and warrants
under Parts IV and VI
"94. (1) The chief officer of a Commonwealth agency shall give to the Minister a copy of each warrant issued to the agency, and of each instrument revoking such a warrant, as soon as practicable after the issue or revocation, as the case may be, of the warrant.

"(2) The chief officer of a Commonwealth agency shall give to the Minister, within 3 months after a warrant issued to the agency ceases to be in force, a written report about:

(a) the use made by the agency of information obtained by intercepting communications, or inspecting telegrams, as the case requires, under the warrant; and
(b) the communication of such information to persons other than officers of the agency.

"(3) The chief officer of a Commonwealth agency shall, as soon as practicable, and in any event within 2 months, after each 30 June, give to the Minister a written report that sets out such information as:

(a) Division 2 requires to be set out in the Minister's report under that Division relating to the year ending on that 30 June; and
(b) can be derived from the agency's records.

"(4) Section 34C of the Acts Interpretation Act 1901 does not apply in relation to a report under subsection (3) of this section.

Minister may seek further information from Commonwealth agency
"95. (1) The Minister may by writing request the chief officer of a Commonwealth agency to give to the Minister in writing specified information that:

(a) the Minister needs in connection with preparing a report under Division 2; and
(b) is not contained in a report by the chief officer under subsection 94 (3).

"(2) To the extent that it is practicable to do so, the chief officer of a Commonwealth agency shall comply with a request made to the chief officer under subsection (1).

State authority to report to Minister in some cases
"96. (1) Subject to subsection (2), the chief officer of an eligible authority of a State shall, as soon as practicable, and in any event within 3 months, after each 30 June, give to the Minister a written report that:

(a) if information that section 102 requires to be set out in the Minister's report under Division 2 relating to the year ending on that 30 June can be derived from the authority's records - sets out that information; or
(b) in any other case - states that no such information can be so derived.

"(2) Where a Minister of a State has given to the Minister a written report that sets out the information that, but for this subsection, subsection (1) would require to be set out in a report by the chief officer of an eligible authority of that State, the chief officer need not give to the Minister the last-mentioned report.

Report by Managing Director about acts done in connection with certain warrants
under Part IV or VI
"97. The Managing Director shall give to the Minister, within 3 months after a warrant under section 20A, 20B, 45 or 46 ceases to be in force, a written report about the acts or things done by or in relation to officers of the Commission:

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(a) in the case of a warrant under section 20A or 20B:

(i) in connection with executing the warrant; and
(ii) to ensure the discontinuance of inspections under the warrant;
or
(b) in the case of a warrant under section 45 or 46:

(i) to enable, or in connection with enabling, communications to be
intercepted under the warrant; and
(ii) to ensure discontinuance of interceptions under the warrant;
and the days on which, and the times at which, those acts or things were done.

Report by Commissioner of Police about acts done in connection with Part VI
warrant
"98. The Commissioner of Police shall give to the Minister, within 3 months after a Part VI warrant ceases to be in force, a written report about the acts or things done by or in relation to members of the Australian Federal Police:

(a) to enable, or in connection with enabling, communications to be intercepted under the warrant;
(b) in connection with intercepting communications under the warrant; and
(c) to ensure discontinuance of interceptions under the warrant.

"Division 2 - Reports by the Minister
Annual report by Minister about warrants under Parts IV and VI
"99. The Minister shall, as soon as practicable after each 30 June, cause to be prepared a written report that relates to the year ending on that 30 June and complies with this Division.

Report to set out how many applications made and warrants issued
"100. (1) The report shall set out, for each Commonwealth agency, and for each eligible authority of a State that was an agency at any time during that year:

(a) the relevant statistics about applications for Part VI warrants that the agency or authority made during that year;
(b) the relevant statistics about telephone applications for Part VI warrants that the agency or authority made during that year;
(c) the relevant statistics about renewal applications that the agency or authority made during that year;
(d) the relevant statistics about applications for Part VI warrants that the agency or authority made during that year and that included requests that the warrants authorise entry on premises;
(e) how many Part VI warrants issued on applications made by the agency or authority during that year specified conditions or restrictions relating to interceptions under the warrants;
(f) the categories of the serious offences specified under subsection 49 (7) in Part VI warrants issued on applications made by the agency or authority during that year; and
(g) in relation to each of those categories, how many serious offences in that category were so specified.

"(2) The report shall set out:

(a) the relevant statistics about applications for Part VI warrants that were made during that year;
(b) the relevant statistics about telephone applications for Part VI warrants that were made during that year;
(c) the relevant statistics about renewal applications made during that year;
(d) the relevant statistics about applications for Part VI warrants that were made during that year and that included requests that the warrants authorise entry on premises;
(e) how many Part VI warrants issued on applications made during that year specified conditions or restrictions relating to interceptions under the warrants;
(f) the categories of the serious offences specified under subsection 49 (7) in Part VI warrants issued on applications made during that year; and
(g) in relation to each of those categories, how many serious offences in that category were so specified.

"(3) The report shall set out the relevant statistics about applications for warrants under Part IV that were made during the year.

Report to contain particulars about duration of warrants
"101. (1) The report shall set out, for each Commonwealth agency, and for each eligible authority of a State that was an agency at any time during that year:

(a) the average of the respective periods specified, in the Part VI warrants that are original warrants and were issued on applications made by the agency or authority during that year, as the periods for which the warrants were to be in force;
(b) the average of the respective periods during which the warrants referred to in paragraph (a) were in force;
(c) the average of the respective periods specified, in the Part VI warrants that are renewals of other warrants and were issued on applications made by the agency or authority during that year, as the periods for which the renewals were to remain in force;
(d) the average of the respective periods during which the warrants first referred to in paragraph (c) were in force; and
(e) how many 90 day final renewals, how many 150 day final renewals, and how

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many 180 day final renewals, being warrants issued to the agency or authority, ceased during that year to be in force.

"(2) The report shall set out:

(a) the average of the respective periods specified, in Part VI warrants that are original warrants and were issued on applications made during the year, as the periods for which the warrants were to be in force;
(b) the average of the respective periods during which the warrants referred to in paragraph (a) were in force;
(c) the average of the respective periods specified, in the Part VI warrants that are renewals of other warrants and were issued on applications made during that year, as the periods for which the renewals were to remain in force;
(d) the average of the respective periods during which the warrants first referred to in paragraph (c) were in force; and
(e) how many 90 day final renewals, how many 150 day final renewals, and how many 180 day final renewals, ceased during that year to be in force.

"(3) A reference in subsection (1) or (2) to a 90 day final renewal, to a 150 day final renewal or to a 180 day final renewal is a reference to a warrant:

(a) that is the last renewal of an original warrant; and
(b) that ceased to be in force:

(i) more than 90 days but not more than 150 days;
(ii) more than 150 days but not more than 180 days; or
(iii) more than 180 days;
as the case may be, after the day of issue of that original warrant.

"(4) The report shall set out:

(a) the average of the respective periods specified, in warrants issued under Part IV on applications made during the year, as the periods for which the warrants were to be in force; and
(b) the average of the respective periods during which those warrants were in force.

Report to contain information about effectiveness of warrants
"102. (1) The report shall set out, for each Commonwealth agency, and for each eligible authority of a State:

(a) how many arrests were made during that year:

(i) in connection with the performance by the agency or authority of its
functions; and
(ii) on the basis of information that was or included lawfully obtained
information;
(b) the categories of the prescribed offences proceedings by way of prosecutions for which ended during that year, being proceedings in which, according to the records of the agency or authority, lawfully obtained information was given in evidence; and
(c) in relation to each of those categories:

(i) the number of such offences in that category; and
(ii) the number of such offences in that category in respect of which
convictions were recorded.

"(2) The report shall set out:

(a) how many arrests were made during that year:

(i) in connection with the performance by Commonwealth agencies, and by
eligible authorities of States, of their respective functions; and
(ii) on the basis of information that was or included lawfully obtained
information;
(b) the categories of the prescribed offences proceedings by way of prosectutions for which ended during that year, being proceedings in which, according to the respective records of Commonwealth agencies, and of eligible authorities of States, lawfully obtained information was given in evidence; and
(c) in relation to each of those categories:

(i) the number of such offences in that category; and
(ii) the number of such offences in that category in respect of which
convictions were recorded.

Report to contain other prescribed matters
"103. The report shall set out such additional matters (if any) as are prescribed.

"Division 3 - Provisions about Annual Reports
Annual reports
"104. (1) The Minister shall cause a copy of a report under section 93 or Division 2 to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the report, or the report is prepared, as the case may be.

"(2) A report under section 93 or Division 2 shall not be made in a manner that is likely to enable the identification of a person.

"(3) For the purposes of section 34C of the Acts Interpretation Act 1901, a report that section 93 or Division 2 requires to be given or prepared
as soon as practicable after 30 June in a calendar year shall be deemed to be a periodic report that this Act requires a person to furnish to the Minister and that relates to the administration of Part V, or Parts IV, VI, VII and VIII, as the case may be, during the year ending on that 30 June.

"PART X - OFFENCES

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Contravention of section 7 or 63
"105. (1) A person who contravenes subsection 7 (1) or section 63 is guilty of an offence against that subsection or section.

"(2) An offence against subsection 7 (1) or section 63 is an indictable offence and, subject to this section, is punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years.

"(3) Notwithstanding that an offence against subsection 7 (1) or section 63 is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if, and only if:

(a) the proceedings are brought in the name of the Attorney-General or the Director of Public Prosecutions;
(b) the defendant and the prosecutor consent; and
(c) the court is satisfied that it is proper for the court to hear and determine proceedings in respect of the offence.

"(4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence against subsection 7 (1) or section 63, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months.

Obstruction
"106. A person shall not, without reasonable excuse, obstruct or hinder a person acting under a warrant.

Penalty: $1,000 or imprisonment for 6 months.

Offences relating to inspections under Part VIII
"107. (1) A person shall not, without reasonable excuse, refuse or fail:

(a) to attend before a person;
(b) to furnish information; or
(c) to answer a question;
when required under section 87 to do so.

"(2) A person shall not:

(a) without reasonable excuse, wilfully obstruct, hinder or resist a person in connection with the performance or exercise of the Ombudsman's functions or powers under Part VIII; or
(b) give to an inspecting officer, in connection with an inspection under Part VIII, information or a statement that the first-mentioned person knows to be false or misleading in a material particular.

Penalty: $1,000 or imprisonment for 6 months.

"PART XI - REGULATIONS
Regulations
"108. The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:

(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 22
Further amendments

22. The Principal Act is amended as set out in Schedule 1.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 23
Consequential amendments of other Acts

23. The Acts specified in Schedule 2 are amended as set out in that Schedule.

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SCHEDULE 1

SCHEDULE 1 Section 22
FURTHER AMENDMENTS OF PRINCIPAL ACT
Subsection 8 (1):
Omit "in pursuance of", substitute "under".

Paragraphs 11 (8) (a) and (b):
Omit "Managing Director of the Commission" (wherever occurring), substitute
"Managing Director".

Subsection 11 (9):
Omit "in pursuance of", substitute "under".

Subsection 11A (6):
Omit "Managing Director of the Commission" (wherever occurring), substitute
"Managing Director".

Section 13:
Omit "in pursuance of", substitute "under".

Paragraph 14 (c):
Omit "on it by subsection 7 (5)", substitute "by sections 64 and 65".

Section 17:
Omit "in pursuance of", substitute "under".

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SCHEDULE 2

SCHEDULE 2 Section 23
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
Australian Security Intelligence Organization Act 1979
Subsection 26 (8):
Omit "1978", substitute "1979".

National Crime Authority Act 1984
Subsection 19A (5):
Omit "and subject to a taxation secrecy provision", substitute", subject to a
taxation
secrecy provision and subject to section 63 of the Telecommunications
(Interception)
Act 1979,".

Schedule:
Omit "Telecommunications (Interception) Act 1979, section (", substitute
"Telecommunications (Interception) Act 1979, section 63".