Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to telecommunications interceptions, and for related purposes
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Introduced HR 27 Sep 2001

Telecommunications Interception Legislation Amendment Bill 2001
First Reading

1998-1999-2000-2001

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Telecommunications Interception Legislation Amendment Bill 2001

No. , 2001

(Attorney-General)

A Bill for an Act to amend the law relating to telecommunications interceptions, and for related purposes

Contents

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Miscellaneous amendments       3

Customs Act 1901       3

Telecommunications (Interception) Act 1979       3

A Bill for an Act to amend the law relating to telecommunications interceptions, and for related purposes

The Parliament of Australia enacts:

1 Short title
        This Act may be cited as the Telecommunications Interception Legislation Amendment Act 2001.

2 Commencement
       (1) This Act (other than items 16, 22, 26, 30 and 32 of Schedule 1) commences on the day on which it receives the Royal Assent.

       (2) Items 16, 22, 26, 30 and 32 of Schedule 1 are taken to have commenced on 22 June 2000.

3 Schedule(s)
        Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Miscellaneous amendments

Customs Act 1901

1 Subsection 219A(1) (paragraph (a) of the definition of Judge)

Omit "Judge of the Federal Court of Australia", substitute "Judge of a court created by the Parliament".

2 Subsection 219AA(1)

Omit "Judge of the Federal Court of Australia", substitute "Judge of a court created by the Parliament".

Telecommunications (Interception) Act 1979

3 Subsection 5(1) (paragraph (e) of the definition of certifying officer)

Repeal the paragraph, substitute:

       (e) in the case of the Independent Commission Against Corruption:

       (i) the Commissioner, or an Assistant Commissioner, of that Commission; or

       (ii) an officer of that Commission who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Management Act 1988 of New South Wales and who is authorised in writing by the Commissioner of that Commission for the purposes of this paragraph; or

4 Subsection 5(1) (subparagraph (c)(iia) of the definition of permitted purpose)

Omit "term of appointment or retirement", substitute "term of appointment, retirement or termination of appointment".

5 Subsection 5(1) (at the end of the definition of permitted purpose)


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Add:

       ; or (f) in the case of the Anti-Corruption Commission:

       (i) an investigation under the Anti-Corruption Commission Act into alleged corrupt conduct, criminal conduct, criminal involvement or serious improper conduct by a police officer or other public officer; or

       (ii) a report on such an investigation.

6 After paragraph 5B(e)

Insert:

       (ea) a proceeding in so far as it relates to:

       (i) a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or

       (ii) a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or

7 After subparagraph 5D(2)(b)(iii)

Insert:

       (iiia) serious arson; or

8 At the end of paragraph 5D(2)(b)

Add:

       ; or (viii) the production, publication, possession, supply or sale of, or other dealing in, child pornography; or

       (ix) consenting to or procuring the employment of a child, or employing a child, in connection with child pornography.

9 Paragraph 5D(4)(c)

Repeal the paragraph, substitute:

       (c) section 122 of the Confiscation Act 1997 of Victoria;

Note:       The heading to section 6DA is altered by omitting "for use of listening devices".

10 Section 6H

Omit "to in paragraphs 45(c) and (d), 45A(c) and (d), 46(1)(c) and (d) or 46A(1)(c) and (d).", substitute:

        to in:

       (a) in the case of a warrant under section 48--paragraphs 45(c) and (d) or 46(1)(c) and (d), as the case requires; or

       (b) in the case of any other Part VI warrant--paragraphs 45(c) and (d), 45A(c) and (d), 46(1)(c) and (d) or 46A(1)(c) and (d), as the case requires.

11 Subparagraph 6K(c)(iii)

Repeal the subparagraph, substitute:

       (iii) the Confiscation Act 1997 of Victoria;

12 After paragraph 6L(1)(e)

Insert:

       (ea) in the case of the Australian Federal Police:

       (i) a proceeding against an AFP employee in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the employment of the employee; or

       (ii) a proceeding against a special member of the Australian Federal Police in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the appointment of the member; or

       (eb) in the case of a Police Force of a State--a proceeding against an officer or member of staff of that Police Force in so far as the proceeding relates to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or

13 Part V (heading)

Repeal the heading, substitute:

Part V--Emergency requests authorising officers of a carrier to intercept telecommunications

14 Part VI (heading)

Repeal the heading, substitute:

Part VI--Warrants authorising agencies to intercept telecommunications

15 Paragraph 33(a)

After "warrants", insert "(other than warrants issued under section 48)".

16 Section 47

Omit "Part VI warrant", substitute "warrant issued under section 45, 45A, 46 or 46A".

17 Subsection 48(1)

Repeal the subsection, substitute:


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       (1) If an agency could apply for a warrant under section 45 or 46 (authorising interceptions of communications to or from a service), it may instead apply for a warrant under this section that also authorises entry on premises. The agency does so by including in the application that would otherwise have been made under section 45 or 46 a request that the warrant also authorise entry on specified premises.

18 Paragraph 48(3)(a)

After "applies", insert "under this section".

19 At the end of paragraph 48(3)(a)

Add "and".

20 Paragraph 48(3)(b)

Omit "the application includes a request that the warrant authorise entry on specified premises and".

21 At the end of paragraph 48(3)(b)

Add "and".

22 Paragraph 48(3)(c)

Omit "section 45, 45A, 46 or 46A empowers", substitute "section 45 or 46 would empower".

23 Paragraph 48(3)(c)

Omit "a warrant on the application", substitute "a warrant if the application had been made under either of those sections".

24 After paragraph 48(3)(c)

Insert:

       (ca) Division 3 has been complied with in relation to the application; and

25 Subsection 48(4)

After "warrant", insert "under this section".

26 Subsection 48(6)

Repeal the subsection.

27 Subsection 49(7)

Omit "mentioned in paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as the case may be.", substitute:

        mentioned in:

       (a) in the case of a warrant issued under section 48--paragraph 45(d) or 46(1)(d), as the case requires; or

       (b) otherwise--paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as the case requires.

28 Section 54

Omit "Part VI warrant", substitute "warrant issued under section 45, 45A, 46 or 46A".

29 At the end of section 54

Add:

       (2) A warrant issued to the Australian Federal Police or under section 48 comes into force when it is issued.

30 Paragraph 58(1)(b)

After "warrant", insert "(other than a warrant issued under section 48)".

31 Paragraph 60(1)(a)

After "warrant", insert "(other than a warrant issued under section 48)".

32 Subsection 61(3)

Omit "Part VI warrant", substitute "warrant issued under section 45, 45A, 46 or 46A".

33 At the end of subparagraph 68(c)(i)

Add "or".

34 After subparagraph 68(c)(ii)

Insert:

       (iia) an act or omission by an AFP employee or special member of the Australian Federal Police that may give rise to a decision by the Commissioner of Police to terminate the employment of the employee or the appointment of the special member; or

35 At the end of subparagraph 68(d)(i)

Add "or".

36 After subparagraph 68(d)(ii)

Insert:

       (iia) an act or omission by an officer or member of staff of the Police Force of a State that may give rise to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or

37 Paragraph 81A(2)(g)

Omit "mentioned in paragraph 45(d), 45A(1)(d), 46(1)(d) or 46A(1)(d), as the case may be.", substitute:

        mentioned in:

       (i) in the case of a warrant issued under section 48--paragraph 45(d) or 46(1)(d), as the case requires; or

       (ii) otherwise--paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as the case requires.

38 Paragraph 81C(2)(g)

Omit "mentioned in paragraph 45(d), paragraph 45A(1)(d), 46(1)(d) or 46A(1)(d), as the case may be.", substitute:

        mentioned in:

       (i) in the case of a warrant issued under section 48--paragraph 45(d) or 46(1)(d), as the case requires; or

       (ii) otherwise--paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as the case requires.