Telecommunications Interception and Other Legislation Amendment Bill 2003
First Reading
Telecommunications Interception and Other Legislation Amendment Bill 2003
First Reading
Download RTF 2002-2003
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications Interception and Other Legislation Amendment Bill 2003
No. , 2003
(Attorney-General)
A Bill for an Act to amend the Telecommunications (Interception) Act 1979 and other legislation, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Schedule(s) 2
Schedule 1--Amendments relating to the Western Australian Corruption and Crime Commission 3
Crimes Act 1914 3
Financial Transaction Reports Act 1988 3
Telecommunications (Interception) Act 1979 3
Schedule 2--Amendment relating to offences of people smuggling with exploitation, slavery, sexual servitude and deceptive recruiting 8
Telecommunications (Interception) Act 1979 8
A Bill for an Act to amend the Telecommunications (Interception) Act 1979 and other legislation, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Telecommunications Interception and Other Legislation Amendment Act 2003.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. |
|
2.
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Schedule 1 | A single day to be fixed by Proclamation. However, if the commencement of the provision(s) is not fixed by a Proclamation published in the Gazette within the period of 12 months beginning on the day on which this Act receives the Royal Assent, the provision(s) are repealed on the first day after the end of that period. |
|
| 3. Schedule 2 | The day on which this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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.
Crimes Act 1914
1 Subsection 15XA(1) (after subparagraph (b)(iii) of the definition of State or Territory participating agency)
Insert:
(iiia) the Western Australian Corruption and Crime Commission established by the Corruption and Crime Commission Act 2003 of Western Australia;
Financial Transaction Reports Act 1988
2 At the end of subsection 27(16)
Add:
; and (k) the Corruption and Crime Commission of Western Australia.
3 At the end of subsection 27(17)
Add:
; and (z) an officer of the Corruption and Crime Commission of Western Australia (within the meaning of the Corruption and Crime Commission Act 2003 of Western Australia).
Telecommunications (Interception) Act 1979
4 Subsection 5(1) (at the end of the definition of certifying officer)
Add:
; or (i) in the case of the Corruption and Crime Commission:
(i) the Commissioner of the Corruption and Crime Commission; or
(ii) an officer of the Corruption and Crime 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 1994 of Western Australia and who is authorised in writing by the Commissioner of the Commission for the purposes of this paragraph.
5 Subsection 5(1) (at the end of the definition of chief officer)
Add:
; or (k) in the case of the Corruption and Crime Commission--the Commissioner of the Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--the Parliamentary Inspector of the Corruption and Crime Commission.
Back to Top 6 Subsection 5(1) Insert:
Corruption and Crime Commission means the Corruption and Crime Commission established by the Corruption and Crime Commission Act.
7 Subsection 5(1)
Insert:
Corruption and Crime Commission Act means the Corruption and Crime Commission Act 2003 of Western Australia.
8 Subsection 5(1) (paragraph (d) of the definition of eligible authority)
Omit "or the Royal Commission into Police Corruption", substitute ", the Royal Commission into Police Corruption, the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission".
9 Subsection 5(1) (at the end of the definition of officer)
Add:
; or (k) in the case of the Corruption and Crime Commission--an officer of the Corruption and Crime Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--the Parliamentary Inspector of the Corruption and Crime Commission or an officer of the Parliamentary Inspector.
10 Subsection 5(1)
Insert:
officer of the Corruption and Crime Commission means an officer of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
11 Subsection 5(1)
Insert:
officer of the Parliamentary Inspector means an officer of the Parliamentary Inspector of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
12 Subsection 5(1)
Insert:
Parliamentary Inspector of the Corruption and Crime Commission means the Parliamentary Inspector of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
13 Subsection 5(1) (at the end of the definition of permitted purpose)
Add:
; or (g) in the case of the Corruption and Crime Commission:
(i) an investigation under the Corruption and Crime Commission Act into whether misconduct (within the meaning of that Act) has or may have occurred, is or may be occurring, is or may be about to occur, or is likely to occur; or
(ii) a report on such an investigation; or
(h) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--dealing with a matter of misconduct (within the meaning of the Corruption and Crime Commission Act) on the part of the Corruption and Crime Commission, an officer of the Corruption and Crime Commission or an officer of the Parliamentary Inspector of the Corruption and Crime Commission.
14 Subsection 5(1) (at the end of the definition of prescribed investigation)
Add:
; or (i) in the case of the Corruption and Crime Commission--means an investigation that the Commission is conducting in the performance of its functions under the Corruption and Crime Commission Act; or
(j) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--means dealing with a matter of misconduct in the performance of the Parliamentary Inspector's functions under the Corruption and Crime Commission Act.
15 Subsection 5(1) (at the end of the definition of relevant offence)
Add:
; or (k) in the case of the Corruption and Crime Commission--a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates.
16 After paragraph 5B(i)
Insert:
(ia) a proceeding of the Corruption and Crime Commission; or
(ib) a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission; or
17 At the end of paragraph 6A(1)(c)
Add:
; (x) the Corruption and Crime Commission;
(xi) the Parliamentary Inspector of the Corruption and Crime Commission.
18 Paragraph 6L(2)(d)
Omit "or the Royal Commission into Police Corruption", substitute ", the Royal Commission into Police Corruption, the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission".
19 At the end of subsection 39(2)
Add:
; or (i) in the case of the Corruption and Crime Commission--an officer of the Corruption and Crime Commission.
20 At the end of section 68
Add:
; and (j) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Corruption and Crime Commission--to the Commissioner of the Corruption and Crime Commission; and
(k) if the information relates, or appears to relate, to a matter that may give rise to the dealing by the Parliamentary Inspector of the Corruption and Crime Commission with a matter of misconduct (within the meaning of the Corruption and Crime Commission Act)--to the Parliamentary Inspector of the Corruption and Crime Commission.
Telecommunications (Interception) Act 1979
1 After subsection 5D(3)
Insert:
Offences relating to people smuggling with exploitation, slavery, sexual servitude and deceptive recruiting
(3A) An offence is also a class 2 offence if it is an offence against:
(a) section 73.2; or
(b) a provision of Division 270;
of the Criminal Code.