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Telecommunications (Interception) Act 1979

  • - C2005C00108
  • In force - Superseded Version
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Act No. 114 of 1979 as amended, taking into account amendments up to Act No. 148 of 2004
An Act to prohibit the interception of telecommunications except where authorised in special circumstances or for the purpose of tracing the location of callers in emergencies, and for related purposes.
Administered by: Attorney-General's
Registered 02 Mar 2005
Start Date 01 Mar 2005
End Date 05 Jul 2005
Table of contents.

Telecommunications (Interception) Act 1979

Act No. 114 of 1979 as amended

This compilation was prepared on 1 March 2005
taking into account amendments up to Act No. 148 of 2004

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

  

  

  


Contents

Part I—Preliminary                                                                                                                1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

4............ Application......................................................................................... 1

4A......... Application of the Criminal Code...................................................... 1

Part IA—Interpretation                                                                                                       2

5............ Interpretation...................................................................................... 2

5AA...... Eligible Commonwealth authority declarations................................ 24

5A......... Communicating etc. certain information........................................... 25

5B......... Exempt proceedings.......................................................................... 25

5C......... Information or question relevant to inspection by Ombudsman...... 27

5D......... Class 2 offences................................................................................ 27

6............ Interception of a communication...................................................... 31

6A......... Investigation of an offence................................................................ 32

6B......... Involvement in an offence................................................................. 33

6C......... Issue of warrant to agency or eligible authority............................... 33

6D......... Judges............................................................................................... 33

6DA...... Nominated AAT members may issue Part VI warrants................... 34

6E.......... Lawfully obtained information......................................................... 35

6EA....... Designated warrant information....................................................... 35

6F.......... Offences............................................................................................ 36

6G......... Officer of the Commonwealth, of a State or of a Territory.............. 36

6H......... Person to whom application relates................................................. 37

6J.......... Proceeding by way of a prosecution for an offence......................... 37

6K......... Proceeding for confiscation or forfeiture or for pecuniary penalty.. 37

6L.......... Relevant proceeding.......................................................................... 38

6M........ Terminating the appointment of an officer....................................... 40

6N......... Declaration of staff members of State Police Forces........................ 41

6P.......... Identification of service.................................................................... 41

Part II—Interception of telecommunications                                                        42

7............ Telecommunications not to be intercepted....................................... 42

Part III—Warrants authorising the Organisation to intercept telecommunications             46

9............ Issue of telecommunications service warrants by Attorney-General 46

9A......... Issue of named person warrants by Attorney-General.................... 47

9B......... Provisions applying to warrants issued under section 9 or 9A........ 48

10.......... Issue of warrant by Director-General of Security in emergency for Organisation to intercept telecommunications.......................................................................................................... 49

11A....... Telecommunications service warrant for collection of foreign intelligence              50

11B....... Named person warrant for collection of foreign intelligence............ 51

11C....... Foreign communications warrant for collection of foreign intelligence 52

11D....... Provisions applying to foreign intelligence warrants........................ 54

12.......... Persons authorised to intercept communications for Organisation.. 55

13.......... Discontinuance of interception before expiration of warrant........... 55

14.......... Certain records retained by Organisation to be destroyed............... 55

15.......... How warrants etc. to be dealt with.................................................. 56

16.......... Additional requirements for named person warrants....................... 58

17.......... Reports to be made to Attorney-General on results of interception 59

18.......... Evidentiary certificates..................................................................... 59

Part V—Emergency requests authorising officers of a carrier to intercept telecommunications 62

30.......... Emergency requests.......................................................................... 62

Part VI—Warrants authorising agencies to intercept telecommunications               64

Division 1—Telecommunications Interception Division of the Australian Federal Police         64

32.......... Constitution...................................................................................... 64

33.......... Functions.......................................................................................... 64

Division 2—Declaration of State Law Enforcement Authorities as Agencies    65

34.......... Declaration of an eligible authority of a State as an agency.............. 65

35.......... Preconditions for declaration............................................................ 65

36.......... Disallowance of declaration.............................................................. 67

37.......... Revocation of declaration................................................................. 68

38.......... Effect of revocation.......................................................................... 68

Division 3—Applications for warrants                                                               69

39.......... Agency may apply for warrant........................................................ 69

40.......... Form of application.......................................................................... 70

41.......... Contents of application.................................................................... 70

42.......... Affidavit to accompany written application.................................... 70

43.......... Information to be given on telephone application............................ 71

44.......... Giving further information to Judge................................................. 72

Division 4—Warrants                                                                                                 73

45.......... Issue of telecommunications service warrant in relation to class 1 offence             73

45A....... Issue of named person warrant in relation to class 1 offence........... 74

46.......... Issue of telecommunications service warrant in relation to class 2 offence             75

46A....... Issue of named person warrant in relation to class 2 offence........... 76

47.......... Limit on authority conferred by warrant.......................................... 78

48.......... Issue of warrant for entry on premises............................................ 78

49.......... Form and content of warrant............................................................ 80

50.......... Issue of warrant on telephone application....................................... 81

51.......... Action by agency after warrant issued on telephone application.... 81

52.......... Judge or nominated AAT member may revoke warrant where section 51 contravened          82

53.......... Notification to Australian Federal Police of issue of warrants to other agencies    83

54.......... Entry into force of certain warrants................................................. 83

55.......... Exercise of authority conferred by warrant...................................... 84

56.......... Revocation of warrant issued to Australian Federal Police.............. 85

57.......... Revocation of warrant by chief officer of other agency................... 85

58.......... Discontinuance of interceptions under certain warrants.................. 86

59.......... When revocation of certain warrants takes effect............................. 86

60.......... Notification to Managing Director of carrier of issue or revocation of certain warrants         87

61.......... Evidentiary certificates..................................................................... 88

61A....... Certified copy of warrant................................................................. 90

Part VII—Dealing with intercepted information                                                 91

62.......... Application of Part........................................................................... 91

63.......... No dealing in intercepted information or designated warrant information               91

63AA.... Dealing in designated warrant information for the purposes of Part III, VI, VIII or IX          92

63A....... Dealing in connection with existing proceeding................................ 92

63B....... Dealing in information by employees of carriers.............................. 93

64.......... Dealing in connection with Organisation’s functions....................... 94

65.......... Communicating information obtained by Organisation.................... 94

65A....... Employee of carrier may communicate information to agency........ 94

66.......... Interceptor may communicate to agency to which warrant was issued  95

67.......... Dealing for permitted purpose in relation to agency........................ 95

68.......... Chief officer may communicate information obtained by agency.... 96

69.......... State authority may ask not to receive information under section 68 98

70.......... Communicating information obtained by interception under Part V 99

71.......... Dealing with information where interception suspected to be unlawful 99

72.......... Making record for purpose of permitted communication.............. 100

73.......... Further dealing by recipient of certain information........................ 100

74.......... Giving information in evidence in exempt proceeding.................... 100

75.......... Giving information in evidence where defect in connection with warrant               101

75A....... Evidence that has been given in exempt proceeding....................... 101

76.......... Giving information in evidence in criminal proceedings under this Act.. 101

76A....... Giving information in evidence in civil proceedings for remedial relief 102

77.......... Intercepted material and designated warrant information inadmissible except as provided    102

78.......... Where evidence otherwise inadmissible.......................................... 103

79.......... Destruction of restricted records.................................................... 104

Part VIII—Keeping and inspection of interception records of Commonwealth agencies  105

80.......... Commonwealth agencies to keep documents connected with issue of warrants     105

81.......... Other records to be kept by Commonwealth agencies in connection with interceptions        106

81A....... General Register of Warrants.......................................................... 108

81B....... Regular submission of General Register to Minister...................... 109

81C....... Special Register of Warrants........................................................... 109

81D....... Regular submission of Special Register to Minister....................... 112

81E........ Provision of information by eligible authorities............................. 112

82.......... Functions of Ombudsman.............................................................. 113

83.......... Inspections..................................................................................... 113

84.......... Reports........................................................................................... 114

85.......... Ombudsman may report on other breaches of this Act................. 114

86.......... Ombudsman’s general powers........................................................ 114

87.......... Power to obtain relevant information............................................. 115

88.......... Ombudsman to be given information and access notwithstanding other laws         116

89.......... Dealing with information for the purposes of inspection and report 117

90.......... Ombudsman not to be sued............................................................ 117

91.......... Delegation by Ombudsman............................................................ 117

92.......... Application of Ombudsman Act.................................................... 118

92A....... Exchange of information between Ombudsman and State inspecting authorities    118

Part IX—Reports about interceptions under Parts V and VI                    120

Division 1—Reports to the Minister                                                               120

93.......... Annual reports to Minister about interceptions under Part V....... 120

94.......... Annual reports regarding applications and warrants under Part VI 120

94A....... Reports regarding emergency interception action........................... 121

94B....... Reports regarding named person warrants..................................... 122

95.......... Minister may seek further information from Commonwealth agency 123

96.......... Annual reports by State authorities............................................... 123

97.......... Reports by Managing Directors about acts done in connection with certain warrants under Part VI    124

Division 2—Reports by the Minister                                                               125

99.......... Annual report by Minister about warrants under Part VI............. 125

100........ Report to set out how many applications made and warrants issued 125

101........ Report to contain particulars about duration of warrants.............. 126

102........ Report to contain information about effectiveness of warrants..... 127

102A..... Report regarding interceptions without warrant............................ 130

103........ Other information to be included in report..................................... 130

103A..... Annual report for 1999-2000......................................................... 131

Division 3—Provisions about annual reports                                              132

104........ Annual reports................................................................................ 132

Part X—Offences                                                                                                                133

105........ Contravention of section 7 or 63.................................................... 133

106........ Obstruction..................................................................................... 133

107........ Offences relating to inspections under Part VIII............................ 134

Part XA—Civil remedies                                                                                                135

107A..... Civil remedies—unlawful interception or communication............. 135

107B..... Limitation periods etc..................................................................... 138

107C..... No limitation on other liability....................................................... 138

107D..... Concurrent operation of State and Territory laws......................... 139

107E...... State or Territory courts—jurisdictional limits.............................. 139

107F...... Extended meaning of conviction—orders under section 19B of the Crimes Act 1914             139

Part XI—Regulations                                                                                                       140

108........ Regulations..................................................................................... 140

Notes                                                                                                                                          141


An Act to prohibit the interception of telecommunications except where authorised in special circumstances or for the purpose of tracing the location of callers in emergencies, and for related purposes.

Part IPreliminary

  

1  Short title [see Note 1]

                         This Act may be cited as the Telecommunications (Interception) Act 1979.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which the Australian Security Intelligence Organisation Act 1979 comes into operation.

4  Application

                   This Act binds the Crown in right of the Commonwealth, of a State and of the Northern Territory.

4A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Part IAInterpretation

  

5  Interpretation

             (1)  In this Act, unless the contrary intention appears:

ACC means the Australian Crime Commission.

ACC Act means the Australian Crime Commission Act 2002.

ACC operation/investigation has the same meaning as in the ACC Act.

activities prejudicial to security has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979.

affidavit includes affirmation.

AFP employee has the same meaning as in the Australian Federal Police Act 1979.

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.

Anti-Corruption Commission means the Anti-Corruption Commission established by the Anti-Corruption Commission Act.

Anti-Corruption Commission Act means the Anti-Corruption Commission Act 1988 of Western Australia.

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

                     (d)  without limiting the generality of paragraph (c), the Police Force of that State.

Board of the ACC means the Board of the Australian Crime Commission established under section 7B of the ACC Act.

carrier means:

                     (a)  a carrier (within the meaning of the Telecommunications Act 1997); or

                     (b)  a carriage service provider (within the meaning of that Act).

carry includes transmit, switch and receive.

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, a Deputy Commissioner of Police or a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner of Police for the purposes of this paragraph; or

                     (b)  in the case of the ACC:

                              (i)  the Chief Executive Officer of the ACC or an examiner; or

                             (ii)  a member of the staff of the ACC who is an SES employee or acting SES employee and is authorised in writing by the Chief Executive Officer of the ACC for the purposes of this paragraph; or

                     (c)  in the case of the Police Force of a State—the Commissioner, a Deputy Commissioner, an officer whose rank is equivalent to that of Assistant Commissioner of the Australian Federal Police, or a senior executive AFP employee who is a member of the Australian Federal Police, and who is authorised in writing by the Commissioner for the purposes of this paragraph; or

                     (d)  in the case of the Crime Commission:

                              (i)  a member of the Crime Commission; or

                             (ii)  a member of the staff of the 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 1988 of New South Wales and who is authorised in writing by the Commissioner of the Commission for the purposes of this paragraph; or

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

                              (i)  the Commissioner, or an Assistant Commissioner, of the Independent Commission Against Corruption; or

                             (ii)  an officer of the Independent Commission Against Corruption 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 the Commission for the purposes of this paragraph; or

                      (f)  in the case of the Crime and Misconduct Commission—a Commissioner of the Crime and Misconduct Commission; or

                     (g)  in the case of the Police Integrity Commission:

                              (i)  the Commissioner of the Police Integrity Commission; or

                             (ii)  an Assistant Commissioner of the Police Integrity Commission; or

                            (iii)  a member of the staff of the Police Integrity 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 the Commission for the purposes of this paragraph; or

                     (h)  in the case of the Anti-Corruption Commission:

                              (i)  a member of the Anti-Corruption Commission; or

                             (ii)  a member of the staff of the Anti-Corruption 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 chairman of the Anti-Corruption Commission for the purposes of this paragraph; 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.

certifying person means any of the following:

                     (a)  the Director-General of Security;

                     (b)  a Deputy Director-General of Security;

                     (c)  a senior officer of the Organisation (within the meaning of section 24 of the Australian Security Intelligence Organisation Act 1979) who is authorised in writing by the Director-General of Security for the purposes of subsections 15(1A) and (1B).

chief officer, in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:

                     (a)  in the case of the Australian Federal Police—the Commissioner of Police; or

                     (b)  in the case of the ACC—the Chief Executive Officer of the ACC; or

                    (ba)  in the case of an eligible Commonwealth authority—the member constituting, or the member who generally presides at hearings and other meetings of, the Commonwealth Royal Commission concerned; or

                     (c)  in the case of the Police Force of a State—the Commissioner of that Police Force; or

                     (d)  in the case of the Crime Commission—the Commissioner of the Crime Commission; or

                     (e)  in the case of the Independent Commission Against Corruption—the Commissioner of the Independent Commission Against Corruption; or

                      (f)  in the case of the Crime and Misconduct Commission—the Chairperson of the Commission; or

                     (h)  in the case of the Police Integrity Commission—the Commissioner of the Commission; or

                    (ha)  in the case of the Inspector of the Police Integrity Commission—the Inspector of the Police Integrity Commission; or

                      (i)  in the case of the Anti-Corruption Commission—the chairman of the Anti-Corruption Commission; or

                      (j)  in the case of the Royal Commission into Police Corruption—the person constituting that Royal Commission; 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.

class 1 offence means:

                     (a)  a murder, or an offence of a kind equivalent to murder; or

                     (b)  a kidnapping, or an offence of a kind equivalent to kidnapping; or

                     (c)  a narcotics offence; or

                    (ca)  an offence constituted by conduct involving an act or acts of terrorism; or

                    (cb)  an offence against Division 72, 101, 102 or 103 of the Criminal Code; 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), (c), (ca) or (cb);

and, except for the purposes of an application for a warrant by an agency other than the ACC, includes an offence in relation to which the ACC is conducting a special investigation.

class 2 offence has the meaning given by section 5D.

Commissioner means:

                     (a)  in relation to the Police Force of a State—the Commissioner of Police (however designated) of that State; or

                     (b)  in relation to the Crime and Misconduct Commission—a member of the Commission, including the Chairperson.

Commissioner of Police means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes an acting Commissioner of Police.

Commonwealth agency means:

                     (a)  the Australian Federal Police; or

                     (b)  the ACC.

Commonwealth Royal Commission means a Royal Commission within the meaning of the Royal Commissions Act 1902.

communicate, in relation to information, includes divulge.

communication includes conversation and a message, and any part of a conversation or message, whether:

                     (a)  in the form of:

                              (i)  speech, music or other sounds;

                             (ii)  data;

                            (iii)  text;

                            (iv)  visual images, whether or not animated; or

                             (v)  signals; or

                     (b)  in any other form or in any combination of forms.

conduct includes any act or omission.

Corruption and Crime Commission means the Corruption and Crime Commission established by the Corruption and Crime Commission Act.

Corruption and Crime Commission Act means the Corruption and Crime Commission Act 2003 of Western Australia.

Crime and Misconduct Act means the Crime and Misconduct Act 2001 of Queensland.

Crime and Misconduct Commission means the Crime and Misconduct Commission of Queensland.

Crime Commission means the New South Wales Crime Commission.

Crime Commission Act means the New South Wales Crime Commission Act 1985 of New South Wales.

Deputy Commissioner of Police means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979.

Deputy Director-General of Security means an officer of the Organisation who holds office as Deputy Director-General of Security.

designated warrant information has the meaning given by section 6EA.

earth-based facility means a facility other than a satellite-based facility.

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 Crime Commission, the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission; or

                     (c)  in the case of Queensland—the Crime and Misconduct Commission; or

                     (d)  in the case of Western Australia—the Anti-Corruption Commission, the Royal Commission into Police Corruption, the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission.

eligible Commonwealth authority means a Commonwealth Royal Commission in relation to which a declaration under section 5AA is in force.

equipment means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, but does not include a line.

examiner has the same meaning as in the ACC Act.

facility has the same meaning as in the Telecommunications Act 1997.

federally relevant criminal activity has the same meaning as in the ACC Act.

foreign communication means a communication sent or received outside Australia.

foreign communications warrant means a warrant issued or to be issued under section 11C.

foreign intelligence has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979.

foreign intelligence information means information obtained (whether before or after the commencement of this definition) under a warrant issued under section 11A, 11B or 11C.

foreign organisation means an organisation (including a government) outside Australia.

General Register means the General Register of Warrants kept under section 81A.

Governor, in relation to a State, means, in the case of the Northern Territory, the Administrator of the Northern Territory.

immigration offence means an offence against section 232A, 233, 233A, 234 or 236 of the Migration Act 1958.

Independent Commission Against Corruption means the Independent Commission Against Corruption of New South Wales.

Independent Commission Against Corruption Act means the Independent Commission Against Corruption Act 1988 of New South Wales.

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.

Inspector of the Police Integrity Commission means the Inspector of the Police Integrity Commission referred to in section 88 of the Police Integrity Commission Act.

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.

line has the same meaning as in the Telecommunications Act 1997.

maintain includes adjust and repair.

Managing Director, in relation to a carrier, means the chief executive officer (however described) of the carrier.

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 Anti-Corruption Commission means a member within the meaning of the Anti-Corruption Commission Act.

member of the Australian Federal Police includes a special member of the Australian Federal Police.

member of the Crime Commission means a person who is, or who is acting in the office of, the Chairperson, or a member, of the Crime Commission.

member of the staff of a Commonwealth Royal Commission means:

                     (a)  a legal practitioner appointed to assist the Commission; or

                     (b)  a person otherwise assisting the Commission and authorised in writing by the sole Commissioner or a member of the Commission.

member of the staff of the ACC has the same meaning as in the ACC Act.

member of the staff of the Anti-Corruption Commission means:

                     (a)  an officer of the Commission; or

                     (b)  a seconded officer; or

                     (c)  a special investigator;

within the meaning of the Anti-Corruption Commission Act.

member of the staff of the Crime Commission means a person who is, for the purposes of the Crime Commission Act, a member of the staff of the Crime Commission.

member of the staff of the Inspector of the Police Integrity Commission means a person who is engaged or employed under subsection 92(1), (2) or (3) of the Police Integrity Commission Act or whose services are used under subsection 92(4) of that Act.

member of the staff of the Policy Integrity Commission means a person who is, for the purposes of the Police Integrity 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.

named person warrant means a warrant issued or to be issued under section 9A, 11B, 45A or 46A.

narcotics offence means an offence punishable as provided by section 235 of the Customs Act 1901.

nominated AAT member means a member of the Administrative Appeals Tribunal in respect of whom a nomination is in force under section 6DA to issue warrants under Part VI.

oath includes affirmation.

offence means an offence against a law of the Commonwealth or of a State.

officer, in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:

                     (a)  in the case of the Australian Federal Police—a member of the Australian Federal Police; or

                     (b)  in the case of the ACC—the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or

                    (ba)  in the case of an eligible Commonwealth authority—a member of the Commonwealth Royal Commission concerned or a member of the staff of the Royal Commission; or

                     (c)  in the case of the Police Force of a State—an officer of that Police Force; or

                     (d)  in the case of the Crime Commission—a member of the Crime Commission or a member of the staff of the Crime Commission; or

                     (e)  in the case of the Independent Commission Against Corruption—an officer of the Independent Commission Against Corruption, being a person who is an officer as defined by the Independent Commission Against Corruption Act; or

                      (f)  in the case of the Crime and Misconduct Commission—a commission officer (within the meaning of the Crime and Misconduct Act); or

                     (h)  in the case of the Police Integrity Commission:

                              (i)  the Commissioner or Assistant Commissioner of the Police Integrity Commission; or

                             (ii)  a member of the staff of the Policy Integrity Commission; or

                    (ha)  in the case of the Inspector of the Police Integrity Commission:

                              (i)  the Inspector of the Police Integrity Commission; or

                             (ii)  a member of the staff of the Inspector of the Police Integrity Commission; or

                      (i)  in the case of the Anti-Corruption Commission:

                              (i)  a member of the Anti-Corruption Commission; or

                             (ii)  a member of the staff of the Anti-Corruption Commission; or

                      (j)  in the case of the Royal Commission into Police Corruption:

                              (i)  the person constituting that Royal Commission; or

                             (ii)  a member of the staff of that Royal Commission; 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.

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.

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.

Ombudsman means the Commonwealth Ombudsman.

original warrant means a warrant other than a renewal of a warrant.

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.

Part III warrant means a warrant issued or to be issued under Part III.

Part VI warrant means a warrant issued or to be issued under Part VI.

passing over includes being carried.

permitted purpose, in relation to an agency, an eligible Commonwealth authority 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;

                            (iv)  the exercise by the chief officer of the agency or eligible authority of the powers conferred by section 68; or

                             (v)  the keeping of records by the agency under Part VIII, or by the eligible authority under provisions of a law of the State that impose on the chief officer of the authority requirements corresponding to those imposed on the Chief Executive Officer of the ACC by subsections 80(2), 81(2) and 81(3);

                    (aa)  in the case of the ACC:

                              (i)  an ACC operation/investigation; or

                             (ii)  a report to the Board of the ACC on the outcome of such an operation or investigation;

                     (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;

                           (iia)  the making by a person of a decision under the Australian Federal Police Act 1979 in relation to the engagement of an AFP employee, the retirement of an AFP employee or the termination of the employment of an AFP employee or in relation to the appointment or the termination of the appointment of a special member of the Australian Federal Police;

                           (iib)  a review (whether by way of appeal or otherwise) of such a decision;

                            (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;

                    (ba)  in the case of an eligible Commonwealth authority:

                              (i)  an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or

                             (ii)  a report on such an investigation; or

                     (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;

                           (iia)  the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of that Police Force;

                           (iib)  a review (whether by way of appeal or otherwise) of such a decision;

                            (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

                     (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; or

                     (e)  in the case of the Police Integrity Commission:

                              (i)  an investigation under the Police Integrity Commission Act of police misconduct of an officer of the New South Wales Police Service; or

                             (ii)  a report on such an investigation; or

                            (iii)  the tendering to the Governor of New South Wales of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Service; or

                            (iv)  deliberations of the Executive Council of New South Wales in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Service; 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; 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.

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.

Police Integrity Commission means the Police Integrity Commission of New South Wales.

Police Integrity Commission Act means the Police Integrity Commission Act 1996 of New South Wales.

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 a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State:

                     (a)  in the case of the ACC—means an ACC operation/investigation; or

                     (b)  in the case of the Crime Commission—means an investigation that the Crime Commission is conducting in the performance of its functions under the Crime Commission Act; or

                    (ba)  in the case of an eligible Commonwealth authority—an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or

                     (c)  in the case of the Independent Commission Against Corruption—means an investigation that the Independent Commission Against Corruption is conducting in the performance of its functions under the Independent Commission Against Corruption Act; or

                     (d)  in the case of the Crime and Misconduct Commission—means an investigation that the Commission is conducting in the performance of its functions under the Crime and Misconduct Act; or

                      (f)  in the case of the Police Integrity Commission—means an investigation that the Commission is conducting in the performance of its functions under the Police Integrity Commission Act; or

                    (fa)  in the case of the Inspector of the Police Integrity Commission—means an investigation that the Inspector is conducting in the performance of the Inspector’s functions under the Police Integrity Commission Act; or

                     (g)  in the case of the Anti-Corruption Commission—means an investigation that the Anti-Corruption Commission is conducting in the performance of its functions under the Anti-Corruption Commission Act; or

                     (h)  in the case of the Royal Commission into Police Corruption—an investigation that the Royal Commission is conducting in the course of the inquiry it is commissioned to undertake; 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.

prescribed offence means:

                     (a)  a serious offence;

                     (b)  an offence against subsection 7(1) or section 63;

                     (c)  an offence against a provision of Part 10.6 of the Criminal Code;

                     (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.

prescribed substance means a substance that is a narcotic drug or psychotropic substance for the purposes of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

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; or

                     (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.

relevant offence, in relation to a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State, means:

                     (a)  in the case of the Australian Federal Police—a prescribed offence that is an offence against a law of the Commonwealth; or

                     (b)  in the case of the ACC—a prescribed offence to which a prescribed investigation relates; or

                    (ba)  in the case of an eligible Commonwealth authority—a prescribed offence to which a prescribed investigation relates; or

                     (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 Crime Commission—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or

                     (e)  in the case of the Independent Commission Against Corruption—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or

                      (f)  in the case of the Crime and Misconduct Commission—a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates; or

                     (h)  in the case of the Police Integrity Commission—a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates; or

                    (ha)  in the case of the Inspector of the Police Integrity Commission—a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or

                      (i)  in the case of the Anti-Corruption Commission—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or

                      (j)  in the case of the Royal Commission into Police Corruption—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; 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.

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 or person, means a warrant:

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

                     (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 or person, being an application made while a warrant issued to the agency in respect of that service or person is still in force.

restricted record means a record other than a copy, that was obtained by means of an interception, whether or not in contravention of subsection 7(1), of a communication passing over a telecommunications system.

Royal Commission into Police Corruption means the Royal Commission established by the Governor of Western Australia by Commission dated 12 December 2001 to inquire into, and report on whether, since 1 January 1985, there has been corrupt conduct or criminal conduct by any Western Australian police officer.

satellite-based facility means a facility in a satellite.

secretary has the same meaning as in the Corporations Act 2001.

security has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979.

senior executive AFP employee has the same meaning as in the Australian Federal Police Act 1979.

serious offence, means an offence that is or has been a class 1 offence or a class 2 offence.

special investigation means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.

Special Register means the Special Register of Warrants kept under section 81C.

staff member, in relation to the Australian Federal Police, means an AFP employee who is not a member of the Australian Federal Police.

State includes the Northern Territory.

subscriber means a person who rents or uses a telecommunications service.

telecommunications network means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication.

telecommunications service means a service for carrying communications by means of guided or unguided electromagnetic energy or both, being a service the use of which enables communications to be carried over a telecommunications system operated by a carrier but not being a service for carrying communications solely by means of radiocommunication.

telecommunications service warrant means a warrant issued or to be issued under section 9, 11A, 45, 46 or 48.

telecommunications system means:

                     (a)  a telecommunications network that is within Australia; or

                     (b)  a telecommunications network that is partly within Australia, but only to the extent that the network is within Australia;

and includes equipment, a line or other facility that is connected to such a network and is within Australia.

telephone application means an application made by telephone for a Part VI warrant.

Territory does not include the Northern Territory.

the Director-General of Security means the person holding, or performing the duties of, the office of Director-General of Security under the Australian Security Intelligence Organisation Act 1979.

the Organisation means the Australian Security Intelligence Organisation.

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.

             (2)  Where a telecommunications service is provided by a carrier for the use of an employee or employees of the carrier (not being a telecommunications service to which that person is the subscriber or those persons are subscribers), the carrier shall, for the purposes of this Act, be deemed to be the subscriber to that telecommunications service.

             (3)  For the purposes of this Act, the question whether equipment, or a line or other facility, is connected to a telecommunications network is to be determined in the same manner as that question is determined for the purposes of the Telecommunications Act 1997.

             (4)  A reference in this Act to the Attorney-General shall, at a time when the Attorney-General is absent from Australia or when, by reason of illness of the Attorney-General or for any other reason, the Director-General of Security cannot readily communicate with the Attorney-General, be read as including a reference to a Minister who has been authorized in writing by the Attorney-General to perform the functions of the Attorney-General under this Act at such a time.

             (5)  For the purposes of the definition of telecommunications system in subsection (1), a telecommunications network shall be taken to be within Australia to the extent that the network is used for the purpose of carrying communications:

                     (a)  over an earth-based facility within Australia, or between earth-based facilities within Australia;

                     (b)  from an earth-based facility within Australia to a satellite-based facility, but only to the extent that the next earth-based facility to which the communications will be carried is an earth-based facility within Australia;

                     (c)  from a satellite-based facility to an earth-based facility within Australia, but only to the extent that the last earth-based facility from which the communications were carried was an earth-based facility within Australia; and

                     (d)  over a satellite-based facility, or between satellite-based facilities, but only to the extent that:

                              (i)  the last earth-based facility from which the communications were carried was an earth-based facility within Australia; and

                             (ii)  the next earth-based facility to which the communications will be carried is an earth-based facility within Australia;

whether or not the communications originated in Australia, and whether or not the final destination of the communications is within Australia.

5AA  Eligible Commonwealth authority declarations

                   The Minister may, by notice published in the Gazette, declare a Commonwealth Royal Commission to be an eligible Commonwealth authority for the purposes of this Act if the Minister is satisfied that the Royal Commission is likely to inquire into matters that may involve the commission of a prescribed offence.

5A  Communicating etc. certain information

                   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 by an interception, whether or not in contravention of subsection 7(1), of a communication 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 as can be derived from the relevant record.

5B  Exempt proceedings

                   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; or

                     (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; or

                     (c)  a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to a prescribed offence; or

                     (d)  a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or

                    (da)  a proceeding by way of a coroner’s inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or

                     (e)  a police disciplinary proceeding; or

                    (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

                      (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; or

                     (g)  a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service;

                     (h)  a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter (within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or

                  (haa)  a proceeding under Division 5 of Part 4 of the International Criminal Court Act 2002; or

                  (hab)  a proceeding before the International Criminal Court sitting in Australia under Part 5 of the International Criminal Court Act 2002; or

                    (ha)  a proceeding of an eligible Commonwealth authority; or

                      (i)  a proceeding of the Royal Commission into Police Corruption; or

                     (ia)  a proceeding of the Corruption and Crime Commission; or

                     (ib)  a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission; or

                      (j)  a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995; or

                     (k)  a proceeding of the Police Integrity Commission; or

                    (ka)  a proceeding of the Inspector of the Police Integrity Commission; or

                      (l)  a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or

                    (m)  a proceeding by way of review of a decision to refuse such a bail application; or

                     (n)  a proceeding by way of a review of a decision to grant such a bail application.

Note:          Paragraphs (l), (m) and (n) were inserted as a response to the decision of the Court of Appeal of New South Wales in Director of Public Prosecutions v Serratore (1995) 132 ALR 461.

5C  Information or question relevant to inspection by Ombudsman

             (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.

5D  Class 2 offences

Class 2 offences

             (1)  This section sets out the offences that are class 2 offences for the purposes of this Act.

Serious offences etc.

             (2)  An offence is a class 2 offence if:

                     (a)  it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and

                     (b)  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; or

                             (ii)  serious personal injury or serious risk of serious personal injury; or

                            (iii)  serious damage to property in circumstances endangering the safety of a person; or

                           (iiia)  serious arson; or

                            (iv)  trafficking in prescribed substances; or

                             (v)  serious fraud; or

                            (vi)  serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or

                           (vii)  bribery or corruption of, or by:

                                        (A)  an officer of the Commonwealth; or

                                        (B)  an officer of a State; or

                                        (C)  an officer of a Territory; 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.

          (2A)  Without limiting subsection (2), an offence is also a class 2 offence if it is an offence against section 474.19, 474.20, 474.22, 474.23, 474.26 or 474.27 of the Criminal Code.

Offences involving planning and organisation

             (3)  An offence is also a class 2 offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence:

                     (a)  involves 2 or more offenders and substantial planning and organisation; and

                     (b)  involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and

                     (c)  is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and

                     (d)  consists of, or involves, any of the following:

                              (i)  theft;

                             (ii)  handling of stolen goods;

                            (iii)  tax evasion;

                            (iv)  currency violations;

                             (v)  extortion;

                            (vi)  bribery or corruption of, or by:

                                        (A)  an officer of the Commonwealth; or

                                        (B)  an officer of a State; or

                                        (C)  an officer of a Territory;

                           (vii)  bankruptcy violations;

                           (viii)  company violations;

                            (ix)  harbouring criminals;

                             (x)  dealings in firearms or armaments;

                            (xi)  a sexual offence against a person who is under 16 (including an offence against Part IIIA of the Crimes Act 1914);

                           (xii)  an immigration offence.

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.

Money laundering offences etc.

             (4)  An offence is also a class 2 offence if it is an offence against any of the following provisions:

                     (a)  Part 10.2 of the Criminal Code (other than section 400.9);

                    (aa)  section 135.3 of the Criminal Code;

                     (b)  section 73 of the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

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

                     (d)  section 64 of the Crimes (Confiscation of Profits) Act 1989 of Queensland;

                     (e)  section 563A of The Criminal Code of Western Australia;

                      (f)  section 10b of the Crimes (Confiscation of Profits) Act, 1986 of South Australia;

                     (g)  section 67 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;

                     (h)  section 74 of the Proceeds of Crime Act 1991 of the Australian Capital Territory.

Cybercrime offences etc.

             (5)  An offence is also a class 2 offence if it is an offence against any of the following provisions:

                     (a)  Part 10.7 of the Criminal Code;

                     (b)  section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales;

                     (c)  section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria;

                     (d)  a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c);

                     (e)  a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c);

                      (f)  section 440A of The Criminal Code of Western Australia.

Offences connected with other class 2 offences

             (6)  An offence is also a class 2 offence if it is an offence constituted by:

                     (a)  aiding, abetting, counselling or procuring the commission of; or

                     (b)  being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of; or

                     (c)  conspiring to commit;

an offence that is a class 2 offence under any of the preceding subsections.

Officer of a State

             (7)  Despite subsection 6G(3), a reference in this section to an officer of a State includes a reference to an officer of the Police Force of a State.

6  Interception of a communication

             (1)  For the purposes of this Act, but subject to this section, interception of a communication passing over a telecommunications system consists of listening to or recording, by any means, such a communication in its passage over that telecommunications system without the knowledge of the person making the communication.

             (2)  Where a person lawfully on premises to which a telecommunications service is provided by a carrier, by means of any apparatus or equipment that is part of that service:

                     (a)  listens to or records a communication passing over the telecommunications system of which that service forms a part, being a communication that is being made to or from that service;

                     (b)  listens to or records a communication passing over the telecommunications system of which that service forms a part, being a communication that is being received at that service in the ordinary course of the operation of that telecommunications system; or

                     (c)  listens to or records a communication passing over the telecommunications system of which that service forms a part as a result of a technical defect in that system or the mistake of an officer of the carrier;

the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.

Communications to emergency services numbers

          (2A)  In this section, an emergency services number is a telephone number:

                     (a)  on which assistance in emergencies may be sought from:

                              (i)  a police force or service; or

                             (ii)  a fire service; or

                            (iii)  an ambulance service; and

                     (b)  that is specified in regulations made for the purposes of this paragraph, or is in a class of numbers specified in regulations made for the purposes of this paragraph.

          (2B)  If a person who is lawfully engaged in duties relating to the receiving and handling of communications to an emergency services number listens to or records a communication passing over a telecommunications system to the emergency services number, the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.

Communications to publicly-listed ASIO numbers

             (3)  In this section, a publicly-listed ASIO number is a telephone number that:

                     (a)  enables members of the public to contact the Organisation; and

                     (b)  is listed in:

                              (i)  a telephone directory; or

                             (ii)  a telephone number database;

                            that is available to the public.

             (4)  If:

                     (a)  a person makes a call to a publicly-listed ASIO number; and

                     (b)  another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call;

the listening or recording does not, for the purposes of this Act, constitute the interception of the communication.

6A  Investigation of an offence

             (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 following eligible authorities or agencies, a prescribed investigation, in so far as it relates to that offence:

                              (i)  the ACC;

                             (ii)  the Crime Commission;

                            (iii)  the Crime and Misconduct Commission;

                             (v)  the Independent Commission Against Corruption;

                            (vi)  the Police Integrity Commission;

                           (vii)  the Inspector of the Police Integrity Commission;

                           (viii)  the Anti-Corruption Commission;

                            (ix)  the Royal Commission into Police Corruption;

                             (x)  the Corruption and Crime Commission;

                            (xi)  the Parliamentary Inspector of the Corruption and Crime Commission.

             (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.

6B  Involvement in an offence

                   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.

6C  Issue of warrant to agency or eligible authority

                   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.

6D  Judges

             (1)  In this Act, unless the contrary intention appears:

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)  An eligible Judge has, in relation to the performance or exercise of a function or power conferred on an eligible Judge by this Act, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6DA  Nominated AAT members may issue Part VI warrants

             (1)  The Minister may, by writing, nominate a person who holds one of the following appointments to the Administrative Appeals Tribunal to issue warrants under Part VI:

                     (a)  Deputy President;

                     (b)  full-time senior member;

                     (c)  part-time senior member;

                     (d)  member.

             (2)  Despite subsection (1), the Minister must not nominate a person who holds an appointment as a part-time senior member or a member of the Tribunal unless the person:

                     (a)  is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or of the Australian Capital Territory; and

                     (b)  has been so enrolled for not less than 5 years.

             (3)  A nomination ceases to have effect if:

                     (a)  the nominated AAT member ceases to hold an appointment of a kind set out in subsection (1); or

                     (b)  the Minister, by writing, withdraws the nomination.

             (4)  A nominated AAT member has, in performing a function of or connected with, issuing a warrant under Part VI, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

6E  Lawfully obtained information

             (1)  Subject to subsections (2) and (3), a reference in this Act to lawfully obtained information is a reference to information obtained (whether before or after the commencement of this section) by intercepting, otherwise than in contravention of subsection 7(1), a communication passing over a telecommunications system.

             (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:

                     (a)  information obtained, whether before or after the commencement of this section, by intercepting a communication under a warrant issued to the agency or authority; or

                     (b)  information communicated to the agency or authority in accordance with section 65A.

             (3)  A reference in this Act to lawfully obtained information does not include a reference to information obtained by intercepting a stored communication (within the meaning of subsection 7(3A)), so long as the interception happens during the 12-month period beginning at the commencement of this subsection.

6EA  Designated warrant information

                   A reference in this Act to designated warrant information is a reference to:

                     (a)  information about any of the following:

                              (i)  an application for a warrant;

                             (ii)  the issue of a warrant;

                            (iii)  the existence or non-existence of a warrant;

                            (iv)  the expiry of a warrant; or

                     (b)  any other information that is likely to enable the identification of:

                              (i)  the telecommunications service to which a warrant relates; or

                             (ii)  a person specified in a warrant as a person using or likely to use the telecommunications service to which the warrant relates.

6F  Offences

                   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.

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

             (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.

6H  Person to whom application relates

                   For the purposes of this Act, an application by an agency to a Judge or nominated AAT member for a warrant relates to a particular person if, and only if, information has been, or is proposed to be, given to the Judge or nominated AAT member under Part VI, in connection with the application, in order to satisfy the Judge or nominated AAT member, in relation to the person, of the matters referred 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.

6J  Proceeding by way of a prosecution for an offence

                   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.

6K  Proceeding for confiscation or forfeiture or for pecuniary penalty

                   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; and

                     (c)  a proceeding by way of an application for a restraining order, or an order that is ancillary to a restraining order, under any of the following:

                              (i)  the Proceeds of Crime Act 1987 or the Proceeds of Crime Act 2002;

                             (ii)  the Confiscation of Proceeds of Crime Act 1989 of New South Wales;

                            (iii)  the Confiscation Act 1997 of Victoria;

                            (iv)  the Crimes (Confiscation of Profits) Act 1989 of Queensland;

                             (v)  the Crimes (Confiscation of Profits) Act 1988 of Western Australia;

                            (vi)  the Crimes (Confiscation of Profits) Act 1986 of South Australia;

                           (vii)  the Criminal Assets Confiscation Act 1996 of South Australia;

                           (viii)  the Crime (Confiscation of Profits) Act 1993 of Tasmania;

                            (ix)  the Proceeds of Crime Act 1991 of the Australian Capital Territory;

                             (x)  the Crimes (Forfeiture of Profits) Act 1988 of the Northern Territory.

6L  Relevant proceeding

             (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;

                     (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

                    (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

                      (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 ACC—a reference to:

                              (i)  a proceeding by way of a prosecution for a prescribed offence to which a prescribed investigation relates or related; or

                             (ii)  a proceeding under a law of the Commonwealth or 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 to which a prescribed investigation relates or related; or

                     (b)  in the case of the Crime Commission, the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity 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; or

                     (c)  in the case of the Crime and Misconduct Commission—a reference to:

                              (i)  a proceeding by way of a prosecution for a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates or related; or

                             (ii)  a proceeding under a law of Queensland for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

                     (d)  in the case of the Anti-Corruption Commission, the Royal Commission into Police Corruption, the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and 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 Western Australia; and

                             (ii)  to which a prescribed investigation relates or related.

6M  Terminating the appointment of an officer

                   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.

6N  Declaration of staff members of State Police Forces

             (1)  This section applies to an agency that is the Police Force of a State.

             (2)  The Minister may make a written declaration that members of an agency included in a specified class of members of the agency occupy positions corresponding to those of AFP employees who are not members of the Australian Federal Police.

             (3)  Members included in the class of members of an agency specified in a declaration are referred to in this Act, in relation to the agency concerned, as staff members.

6P  Identification of service

                   For the purposes of this Act, a service may be identified by:

                     (a)  a number assigned to it from time to time; or

                     (b)  by any other unique identifying factor.


 

Part IIInterception of telecommunications

  

7  Telecommunications not to be intercepted

             (1)  A person shall not:

                     (a)  intercept;

                     (b)  authorize, suffer or permit another person to intercept; or

                     (c)  do any act or thing that will enable him or her or another person to intercept;

a communication passing over a telecommunications system.

             (2)  Subsection (1) does not apply to or in relation to:

                     (a)  an act or thing done by an employee of a carrier in the course of his or her duties for or in connection with:

                              (i)  the installation of any line, or the installation of any equipment, used or intended for use in connection with a telecommunications service; or

                             (ii)  the operation or maintenance of a telecommunications system; or

                            (iii)  the identifying or tracing of any person who has contravened, or is suspected of having contravened or being likely to contravene, a provision of Part 10.6 of the Criminal Code;

                            where it is reasonably necessary for the employee to do that act or thing in order to perform those duties effectively;

                    (aa)  the interception of a communication by another person lawfully engaged in duties relating to the installation, connection or maintenance of equipment or a line, where it is reasonably necessary for the person to intercept the communication in order to perform those duties effectively;

                    (ab)  the interception of a communication by a person lawfully engaged in duties relating to the installation, connection or maintenance of equipment used, or to be used, for the interception of communications under warrants;

                    (ac)  the interception of a communication where the interception results from, or is incidental to, action taken by an officer of the Organisation, in the lawful performance of his or her duties, for the purpose of:

                              (i)  discovering whether a listening device is being used at, or in relation to, a particular place; or

                             (ii)  determining the location of a listening device;

                    (ad)  the interception of a stored communication, so long as the interception happens during the 12-month period beginning at the commencement of this paragraph;

                     (b)  the interception of a communication under a warrant; or

                     (c)  the interception of a communication pursuant to a request made, or purporting to be made, under subsection 30(1) or (2).

          (2A)  For the purposes of paragraphs (2)(a) and (aa), in determining whether an act or thing done by a person was reasonably necessary in order for the person to perform his or her duties effectively, a court is to have regard to such matters (if any) as are specified in, or ascertained in accordance with, the regulations.

             (3)  In subsection (2), listening device has the same meaning as in Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979.

          (3A)  In paragraph (2)(ad), a stored communication is a communication that is stored on equipment or any other thing, but does not include:

                     (a)  a voice over Internet protocol (VOIP) communication; or

                     (b)  any other communication;

stored on a highly transitory basis as an integral function of the technology used in its transmission.

Note:          Momentary buffering (including momentary storage in a router in order to resolve a path for further transmission) is an example of storage on a highly transitory basis.

             (4)  Subsection (1) does not apply to, or in relation to, an act done by an officer of an agency in relation to a communication if the following conditions are satisfied:

                     (a)  the officer or another officer of the agency is a party to the communication; and

                     (b)  there are reasonable grounds for suspecting that another party to the communication has:

                              (i)  done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or

                             (ii)  threatened to kill or seriously injure another person or to cause serious damage to property; or

                            (iii)  threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety; and

                     (c)  because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a Part VI warrant to be made.

             (5)  Subsection (1) does not apply to, or in relation to, an act done by an officer of an agency in relation to a communication if the following conditions are satisfied:

                     (a)  the person to whom the communication is directed has consented to the doing of the act; and

                     (b)  there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:

                              (i)  done an act that has resulted, or may result, in loss of life or the infliction of serious personal injury; or

                             (ii)  threatened to kill or seriously injure another person or to cause serious damage to property; or

                            (iii)  threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety; and

                     (c)  because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a Part VI warrant to be made.

             (6)  As soon as practicable after the doing of an act in relation to a communication under the provisions of subsection (4) or (5), an officer of the agency which is concerned with the communication shall cause an application for a Part VI warrant to be made in relation to the matter.

          (6A)  Subsection (6) does not apply if action has been taken under subsection (4) or (5) to intercept a communication, or cause it to be intercepted, and the action has ceased before it is practicable for an application for a Part VI warrant to be made.

             (7)  Where after considering an application made in relation to a matter arising under subsections (4) or (5) and (6) a Judge or nominated AAT member does not issue a warrant in relation to the application, the chief officer of the agency concerned shall ensure that no further action is taken by the agency to intercept the communication or to cause it to be intercepted.

             (8)  Subsections (4), (5), (6) and (7) only apply where the agency concerned is:

                     (a)  the Australian Federal Police; or

                     (b)  the Police Force of a State.

             (9)  If, apart from this subsection, the doing of an act referred to in subparagraph (4)(b)(ii) or (iii) or (5)(b)(ii) or (iii) would not constitute a class 1 offence or a class 2 offence in a particular case, it is to be taken to constitute a class 2 offence.

           (10)  Subsection (9) has effect only to the extent necessary:

                     (a)  to enable an application to be made for the purposes of subsection (6); and

                     (b)  to enable a decision to be made on such an application and, if a Judge so decides, a Part VI warrant to be issued; and

                     (c)  to enable this Act to operate in relation to a Part VI warrant issued on such an application.

           (11)  Nothing in this section limits the operation of subsection 6(2).


 

Part IIIWarrants authorising the Organisation to intercept telecommunications

  

9  Issue of telecommunications service warrants by Attorney-General

             (1)  Where, upon receipt by the Attorney-General of a request by the Director-General of Security for the issue of a warrant under this section in respect of a telecommunications service, the Attorney-General is satisfied that:

                     (a)  the telecommunications service is being or is likely to be:

                              (i)  used by a person engaged in, or reasonably suspected by the Director-General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; or

                             (ii)  used for purposes prejudicial to security; and

                     (b)  the interception by the Organisation of communications made to or from the telecommunications service will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security;

the Attorney-General may, by warrant under his or her hand, authorize persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from that service and such a warrant may authorize entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

             (2)  A request by the Director-General of Security for the issue of a warrant in respect of a telecommunications service:

                     (a)  shall include a description of the service sufficient to identify it, including:

                              (i)  the name, address and occupation of the subscriber (if any) to the service; and

                             (ii)  the number (if any) allotted to the service by a carrier; and

                     (b)  shall specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued and, where relevant, the grounds on which the Director-General of Security suspects a person of being engaged in, or of being likely to engage in, activities prejudicial to security.

9A  Issue of named person warrants by Attorney-General

             (1)  Where, upon receipt by the Attorney-General of a request by the Director-General of Security for the issue of a warrant under this section in respect of a person, the Attorney-General is satisfied that:

                     (a)  the person is engaged in, or reasonably suspected by the Director-General of Security of being engaged in, or of being likely to engage in, activities prejudicial to security; and

                     (b)  the interception by the Organisation of communications made to or from telecommunications services used by the person will, or is likely to, assist the Organisation in carrying out its function of obtaining intelligence relating to security; and

                     (c)  relying on a telecommunications service warrant to obtain the intelligence would be ineffective;

the Attorney-General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from any telecommunications service that the person is using, or is likely to use, and such a warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

             (2)  A request by the Director-General of Security for the issue of a warrant in respect of a person:

                     (a)  must include the name or names by which the person is known; and

                     (b)  must include details (to the extent these are known to the Director-General of Security) sufficient to identify the telecommunications services the person is using, or is likely to use; and

                     (c)  must specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued, including the grounds on which the Director-General of Security suspects the person of being engaged in, or of being likely to engage in, activities prejudicial to security.

9B  Provisions applying to warrants issued under section 9 or 9A

Request must be forwarded in writing

             (1)  Where the Director-General of Security makes a request, otherwise than in writing, for the issue of a warrant under section 9 or 9A, he or she must forthwith forward to the Attorney-General a request in writing for the warrant.

Warrants authorising entry

             (2)  Where a warrant under section 9 or 9A authorises entry on premises, the warrant:

                     (a)  must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

                     (b)  may, if the Attorney-General thinks fit—provide that entry may be made without permission first being sought or demand first being made, and may authorise measures that he or she is satisfied are necessary for that purpose.

Length of time warrant remains in force

             (3)  A warrant under section 9 or 9A must specify the period for which it is to remain in force. The period must not exceed 6 months, and the warrant may be revoked by the Attorney-General at any time before the end of the specified period.

Issue of further warrant

             (4)  Subsection (3) does not prevent the issue of a further warrant in respect of a telecommunications service or a person (as the case may be) in relation to which or whom a warrant has, or warrants have, previously been issued.

10  Issue of warrant by Director-General of Security in emergency for Organisation to intercept telecommunications

             (1)  Where:

                     (a)  the Director-General of Security has forwarded or made a request to the Attorney-General for the issue of a warrant under section 9 in respect of a telecommunications service or under section 9A in respect of a person;

                     (b)  the Attorney-General has not, to the knowledge of the Director-General of Security, made a decision with respect to the request and has not, within the preceding period of 3 months, refused to issue a warrant under section 9 in respect of the telecommunications service or under section 9A in respect of a person (as the case requires);

                     (c)  the Director-General of Security has not, within the preceding period of 3 months, issued a warrant under this section in respect of the telecommunications service or person (as the case requires); and

                     (d)  the Director-General of Security is satisfied:

                              (i)  that the facts of the case would justify the issue of a warrant by the Attorney-General; and

                             (ii)  that, if the interception to which the request relates does not commence before a warrant can be issued and made available by the Attorney-General, security will be, or is likely to be, seriously prejudiced;

the Director-General of Security may, by warrant under his or her hand, authorize persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from that service, or communications of that person (as the case requires), and such a warrant may authorize entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

             (2)  Where a warrant under this section authorizes entry on premises, the warrant shall state whether entry is authorized to be made at any time of the day or night or only during specified hours and may, if the Director-General of Security thinks fit, provide that entry may be made without permission first being sought or demand first being made, and authorize measures that he or she is satisfied are necessary for that purpose.

             (3)  A warrant under this section shall specify the period for which it is to remain in force, being a period that does not exceed 48 hours, but may be revoked by the Attorney-General at any time before the expiration of the period so specified.

             (4)  Where the Director-General of Security issues a warrant under this section, he or she shall forthwith furnish to the Attorney-General:

                     (a)  a copy of the warrant; and

                     (b)  a statement of the grounds on which he or she is satisfied as to the matters referred to in subparagraph (1)(d)(ii).

11A  Telecommunications service warrant for collection of foreign intelligence

             (1)  Where:

                     (a)  the Director-General of Security gives a notice in writing to the Attorney-General requesting the Attorney-General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9(1) in relation to a particular telecommunications service for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

                     (b)  the Attorney-General is satisfied, on the basis of advice received from the relevant Minister, that the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth’s international affairs;

the Attorney-General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant, subject to any conditions or restrictions that are specified in the warrant, to do such of those acts or things in relation to that telecommunications service as the Attorney-General considers appropriate in the circumstances and are specified in the warrant, for the purpose of obtaining that intelligence.

             (2)  A request by the Director-General of Security for the issue of a warrant under this section:

                     (a)  shall include a description of the service sufficient to identify it, including:

                              (i)  the name, address and occupation of the subscriber (if any) to the service; and

                             (ii)  the number (if any) allotted to the service by a carrier; and

                     (b)  shall specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued.

Note:          Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979.

11B  Named person warrant for collection of foreign intelligence

             (1)  Where:

                     (a)  the Director-General of Security gives a notice in writing to the Attorney-General requesting the Attorney-General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to do acts or things referred to in subsection 9(1) in relation to communications that are being made to or from any telecommunications service that a person or foreign organisation is using, or is likely to use, for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

                     (b)  the Attorney-General is satisfied, on the basis of advice received from the relevant Minister, that:

                              (i)  the obtaining of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth’s international affairs; and

                             (ii)  it is necessary to intercept the communications of the person or foreign organisation in order to obtain the intelligence referred to in paragraph (a); and

                            (iii)  relying on a telecommunications service warrant to obtain the intelligence would be ineffective;

the Attorney-General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant to intercept, subject to any conditions or restrictions that are specified in the warrant, communications that are being made to or from any telecommunications service that the person or foreign organisation is using, or is likely to use, and such a warrant may authorise entry on any premises specified in the warrant for the purpose of installing, maintaining, using or recovering any equipment used to intercept such communications.

             (2)  A request by the Director-General of Security for the issue of a warrant in respect of a person or foreign organisation:

                     (a)  must include the name or names by which the person or organisation is known; and

                     (b)  must include details (to the extent these are known to the Director-General of Security) sufficient to identify the telecommunications services the person or foreign organisation is using, or is likely to use; and

                     (c)  must specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued.

Note:          Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979.

11C  Foreign communications warrant for collection of foreign intelligence

             (1)  Where:

                     (a)  the Director-General of Security gives a notice in writing to the Attorney-General requesting the Attorney-General to issue a warrant under this section authorising persons approved under section 12 in respect of the warrant to intercept foreign communications for the purpose of obtaining foreign intelligence relating to a matter specified in the notice; and

                     (b)  the Attorney-General is satisfied, on the basis of advice received from the relevant Minister, that:

                              (i)  the collection of foreign intelligence relating to that matter is important in relation to the defence of the Commonwealth or to the conduct of the Commonwealth’s international affairs; and

                             (ii)  it is necessary to intercept foreign communications in order to collect the intelligence referred to in paragraph (a); and

                            (iii)  relying on a telecommunications service warrant or a named person warrant to obtain the intelligence would be ineffective;

the Attorney-General may, by warrant under his or her hand, authorise persons approved under section 12 in respect of the warrant, subject to any conditions or restrictions that are specified in the warrant, to intercept foreign communications for the purpose of obtaining that intelligence.

             (2)  A warrant under subsection (1) must not authorise the interception of any communications except foreign communications.

             (3)  A request by the Director-General of Security for the issue of a warrant under this section must:

                     (a)  include a description that is sufficient to identify the part of the telecommunications system that is likely to carry the foreign communications whose interception is sought; and

                     (b)  specify the facts and other grounds on which the Director-General of Security considers it necessary that the warrant should be issued, including the reasons the information cannot be collected by other means.

             (4)  A warrant under this section must include:

                     (a)  a notice addressed to the carrier who operates the relevant telecommunications system, giving a description that is sufficient to identify the part of the telecommunications system that is covered by the warrant; and

                     (b)  a notice addressed to the Director-General of Security stating that the warrant authorises the obtaining of foreign intelligence only for purposes relating to the matter specified in the notice requesting the issue of the warrant.

             (5)  Where:

                     (a)  a communication is intercepted under a warrant under this section; and

                     (b)  the Director-General of Security is satisfied that the communication is not relevant to the purposes specified in the warrant;

the Director-General of Security must cause any record or copy of the communication to be destroyed.

Note:          Warrants are obtained under this section for the purpose of performing the function set out in paragraph 17(1)(e) of the Australian Security Intelligence Organisation Act 1979.

11D  Provisions applying to foreign intelligence warrants

Warrants authorising entry

             (1)  Where a warrant under section 11A or 11B authorises entry on premises, the warrant:

                     (a)  must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

                     (b)  may, if the Attorney-General thinks fit—provide that entry may be made without permission first being sought or demand first being made, and may authorise measures that he or she is satisfied are necessary for that purpose.

Length of time warrant remains in force

             (2)  A warrant under section 11A, 11B or 11C must specify the period for which it is to remain in force. The period must not exceed 6 months, and the warrant may be revoked by the Attorney-General at any time before the end of the specified period.

Issue of further warrant

             (3)  Subsection (2) does not prevent the issue of a further warrant in respect of a telecommunications service, a person or a part of a telecommunications system (as the case may be) in relation to which or whom a warrant has, or warrants have, previously been issued.

Part 10.6 of the Criminal Code

             (4)  Nothing in Part 10.6 of the Criminal Code is to be taken to prohibit the doing of anything under, or for the purposes of, a warrant under section 11A, 11B or 11C.

Note:          Part 10.6 of the Criminal Code deals with offences relating to telecommunications.

Information about Australian citizens or permanent residents

             (5)  The Director-General must not request the issue of a warrant under section 11A, 11B or 11C for the purpose of collecting information concerning an Australian citizen or permanent resident.

             (6)  The reference in subsection 11A(1), 11B(1) and 11C(1) to conditions or restrictions includes a reference to conditions or restrictions designed to minimise:

                     (a)  the obtaining by the Organisation, pursuant to a warrant issued under section 11A, 11B or 11C (as the case may be), of information that is not publicly available concerning Australian citizens or permanent residents; or

                     (b)  the retention of information of that kind.

12  Persons authorised to intercept communications for Organisation

             (1)  The Director-General of Security, or an officer of the Organisation appointed by the Director-General of Security, in writing, to be an authorizing officer for the purposes of this subsection, may, by writing under his or her hand, approve officers and employees of the Organisation and other persons as persons authorized to exercise, on behalf of the Organisation, the authority conferred by Part III warrants.

13  Discontinuance of interception before expiration of warrant

                   Where, before a Part III warrant ceases to be in force, the Director-General of Security is satisfied that the grounds on which the warrant was issued have ceased to exist, he or she shall forthwith inform the Attorney-General accordingly and take such steps that are necessary to ensure that the interception of communications under the warrant is discontinued.

14  Certain records retained by Organisation to be destroyed

                   Where:

                     (a)  a record or copy has been made of a communication intercepted by virtue of a Part III warrant;

                     (b)  the record or copy is in the possession or custody, or under the control, of the Organisation; and

                     (c)  the Director-General of Security is satisfied that the record or copy is not required, and is not likely to be required, in or in connection with the performance by the Organisation of its functions or the exercise of its powers (including the powers conferred by sections 64 and 65);

the Director-General of Security shall cause the record or copy to be destroyed.

Note:          See subsection 11C(5) for additional rules about the destruction of material obtained under a warrant issued under section 11C.

15  How warrants etc. to be dealt with

             (1)  Where the Attorney-General issues or revokes a Part III warrant, he or she shall cause:

                     (a)  the Director-General of Security to be informed forthwith of the issue of the warrant or of the revocation, as the case may be; and

                     (b)  the warrant or the instrument of revocation, as the case may be, to be forwarded, as soon as practicable, to the Director General of Security.

          (1A)  Where:

                     (a)  the Director-General of Security is informed under paragraph (1)(a) of the issue of a warrant (other than a warrant under section 11C); and

                     (b)  it is proposed, under the warrant, to intercept communications made to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier; and

                    (ba)  the execution of the warrant will involve the taking of action by the carrier or its employees;

the Director-General of Security shall cause:

                     (c)  the Managing Director of that carrier to be informed forthwith of the issue of the warrant; and

                     (d)  where, under paragraph (1)(b), the Director-General of Security receives the warrant—a copy of the warrant, certified in writing by a certifying person to be a true copy of the warrant, to be given as soon as practicable to the Managing Director of that carrier.

Note:          Subsection 15(7) deals with cases where the Director-General of Security is informed of the issue of a warrant under section 11C.

          (1B)  Where:

                     (a)  the Managing Director of a carrier has been informed, under subsection (1A), of the issue of a warrant; and

                     (b)  the Director-General of Security is informed under paragraph (1)(a) that the warrant has been revoked;

the Director-General of Security shall cause:

                     (c)  the Managing Director of that carrier to be informed forthwith of the revocation; and

                     (d)  where, under paragraph (1)(b), the Director-General of Security receives the instrument of revocation—a copy of the instrument, certified in writing by a certifying person to be a true copy of the instrument, to be forwarded as soon as practicable to the Managing Director of that carrier.

             (3)  The Attorney-General shall record on each request in writing for the issue of a warrant received by him or her from the Director-General of Security his or her decision with respect to the request and shall cause the request to be returned to the Director-General of Security.

             (4)  Where:

                     (a)  the Director-General of Security issues a warrant under section 10; and

                     (b)  it is proposed, under the warrant, to intercept communications made to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier; and

                    (ba)  the execution of the warrant will involve the taking of action by the carrier or its employees;

the Director-General of Security shall cause:

                     (c)  the Managing Director of that carrier to be informed forthwith of the issuing of the warrant; and

                     (d)  a copy of the warrant, certified in writing by the Director-General, or a Deputy Director-General of Security, to be a true copy of the warrant, to be given as soon as practicable to the Managing Director of that carrier.

             (6)  The Director-General of Security shall cause to be kept in the Organisation’s records:

                     (a)  each warrant issued under section 10;

                     (c)  each warrant, and each instrument of revocation, received under this section by the Director-General from the Attorney-General; and

                     (e)  each request, and each document, returned to the Director-General by the Attorney-General.

             (7)  Where:

                     (a)  the Director-General of Security is informed under paragraph (1)(a) of the issue of a warrant under section 11C; and

                     (b)  it is proposed, under the warrant, to intercept communications made while they are passing over a telecommunications system operated by a carrier;

the Director-General of Security must cause:

                     (c)  the Managing Director of that carrier to be informed forthwith of the issue of the warrant; and

                     (d)  where, under paragraph (1)(b), the Director-General of Security receives the warrant—a copy of the part of the warrant referred to in paragraph 11C(4)(a), certified in writing by a certifying person, to be a true copy of the warrant, to be given as soon as practicable to the Managing Director of that carrier.

16  Additional requirements for named person warrants

             (1)  Where:

                     (a)  the Managing Director of a carrier has been given a copy of a warrant under section 9A or 11B; and

                     (b)  it is proposed, under the warrant, to intercept communications made to or from a telecommunications service operated by the carrier; and

                     (c)  the service was not identified in the warrant;

a certifying person must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the service sufficient to identify it.

             (2)  Where:

                     (a)  the Managing Director of a carrier has been given a description of a telecommunications service to or from which communications are proposed to be intercepted under a warrant under section 9A or 11B; and

                     (b)  the Director-General of Security is satisfied that the interception of communications to or from that service is no longer required;

a certifying person must cause:

                     (c)  the Managing Director to be informed of the fact immediately; and

                     (d)  confirmation in writing of the fact to be given as soon as practicable to the Managing Director.

17  Reports to be made to Attorney-General on results of interception

             (1)  The Director-General of Security shall furnish to the Attorney-General, in respect of each Part III warrant, within 3 months after the expiration or revocation, whichever first occurs, of the warrant, a report in writing on the extent to which the interception of communications under the warrant has assisted the Organisation in carrying out its functions.

             (2)  A report under subsection (1) in relation to a warrant issued under section 9A or 11B must include details of the telecommunications service to or from which each intercepted communication was made.

18  Evidentiary certificates

             (1)  The Managing Director or secretary of a carrier 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, employees of the carrier in order to enable a warrant to be executed.

             (2)  A document purporting to be a certificate issued under subsection (1) and purporting to be signed by the Managing Director or secretary of a carrier is to 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 Director-General of Security or the Deputy Director-General of Security 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 under this Part to be executed; or

                     (b)  in connection with the execution of a warrant issued under this Part.

             (4)  The Director-General of Security or the Deputy Director-General of Security may issue a written certificate signed by him or her setting out such facts as he or she considers relevant with respect to:

                     (a)  anything done by an officer or employee of the Organisation in connection with the execution of a warrant issued under this Part; or

                     (b)  anything done by an officer or employee of the Organisation in connection with:

                              (i)  the communication by a person to another person of; or

                             (ii)  the making use of; or

                            (iii)  the making of a record of; or

                            (iv)  the custody of a record of; or

                             (v)  the giving in evidence of;

                            information obtained by the execution of such a warrant.

             (5)  A document purporting to be a certificate issued under subsection (3) or (4) by the Director-General of Security or the Deputy Director-General of Security and to be signed by him or her is to 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.

             (6)  In subsections (1) and (2), a reference to the Managing Director or secretary of a carrier includes a reference to the Managing Director or secretary of a body corporate of which the carrier is a subsidiary.

             (7)  For the purposes of this section, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as the question is determined under the Corporations Act 2001.


 

Part VEmergency requests authorising officers of a carrier to intercept telecommunications

  

30  Emergency requests

             (1)  Where:

                     (a)  a person is a party to a communication passing over a telecommunications system;

                     (b)  as a result of information conveyed by another party to the communication (in this section referred to as the caller) and of any other matters, the first-mentioned person forms the honest belief that either of the following emergencies exist:

                              (i)  another person (whether or not the caller) is dying, is being seriously injured or has been seriously injured;

                             (ii)  another person (whether or not the caller) is likely to die or be seriously injured; and

                     (c)  the first-mentioned person does not know the location of the caller;

the first-mentioned person may:

                     (d)  in a case where the first-mentioned person:

                              (i)  is a member of a police force; and

                             (ii)  is of the opinion that tracing the location of the caller is likely to be of assistance in dealing with the emergency;

                            request, or cause another member of a police force to request, an employee of a carrier to intercept, or to cause other employees of the carrier to intercept, the communication for the purposes of tracing the location of the caller; or

                     (e)  in a case where the first-mentioned person is not a member of a police force—inform, or cause another person to inform, a member of a police force of the matters referred to in paragraphs (a), (b) and (c).

             (2)  Where a member of a police force is so informed, the member may, if the member is of the opinion that tracing the location of the caller is likely to be of assistance in dealing with the emergency, request an employee of a carrier to intercept, or to cause other employees of the carrier to intercept, the communication for the purposes of tracing the location of the caller.

             (3)  Where, pursuant to a request made, or purporting to be made, by a member of a police force under subsection (1) or (2), an employee of a carrier intercepts a communication passing over a telecommunications system for the purpose of tracing the location of the caller, the employee shall:

                     (a)  communicate, or cause another employee of the carrier to communicate, the location of the caller to the person who made the request or to any other member of a police force; and

                     (b)  communicate particulars of the interception to the Managing Director of the carrier.

             (4)  As soon as practicable after making to an employee of a carrier 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 of the carrier a written confirmation of the request that sets out the information given by the first-mentioned member to that employee in connection with the request.


 

Part VIWarrants authorising agencies to intercept telecommunications

Division 1Telecommunications Interception Division of the Australian Federal Police

32  Constitution

                   The Commissioner of Police shall constitute, within the Australian Federal Police, a Division to be known as the Telecommunications Interception Division.

33  Functions

                   The functions of the Telecommunications Interception Division are:

                     (a)  to take action to enable warrants (other than warrants issued under section 48) issued to agencies other than the Australian Federal Police to be executed; and

                     (b)  such other functions as are assigned to the Division in writing by the Commissioner of Police.


 

Division 2Declaration of State Law Enforcement Authorities as Agencies

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

             (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.

35  Preconditions for declaration

             (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 Chief Executive Officer of the ACC;

                     (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 3 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 (h) 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), 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 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.

36  Disallowance of declaration

             (1)  The provisions of sections 48, 48A, 48B, 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.

37  Revocation of declaration

             (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.

38  Effect of revocation

                   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 3Applications for warrants

39  Agency may apply for warrant

             (1)  An agency may apply to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service or a person.

             (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; or

                     (b)  in the case of the ACC:

                              (i)  the Chief Executive Officer of the ACC or an examiner; or

                             (ii)  a member of a police force who is a member of the staff of the ACC; or

                     (c)  in the case of the Police Force of a State—an officer of that Police Force; or

                     (d)  in the case of the Crime Commission:

                              (i)  a member of the Crime Commission; or

                             (ii)  a member of the staff of the Crime Commission; or

                     (e)  in the case of the Independent Commission Against Corruption—an officer of that Commission; or

                      (f)  in the case of the Crime and Misconduct Commission—a commission officer (within the meaning of the Crime and Misconduct Act); or

                     (g)  in the case of the Police Integrity Commission:

                              (i)  an Assistant Commissioner or the Commissioner of the Police Integrity Commission; or

                             (ii)  a member of the staff of the Police Integrity Commission; or

                     (h)  in the case of the Anti-Corruption Commission:

                              (i)  a member of the Anti-Corruption Commission; or

                             (ii)  a member of the staff of the Anti-Corruption Commission; or

                      (i)  in the case of the Corruption and Crime Commission—an officer of the Corruption and Crime Commission.

40  Form of application

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

41  Contents of application

                   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.

42  Affidavit to accompany written application

             (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)  If the application is for a telecommunications service warrant, 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.

          (4A)  If the application is for a named person warrant, the affidavit must set out:

                     (a)  the name or names by which the person is known; and

                     (b)  details (to the extent these are known to the chief officer) sufficient to identify the telecommunications services the person is using, or is likely to use; and

                     (c)  the number of previous applications (if any) for warrants that the agency has made and that related to the person or to a service that the person has used; and

                     (d)  the number of warrants (if any) previously issued on such applications; and

                     (e)  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.

43  Information to be given on telephone application

                   The information given to a Judge or nominated AAT member in connection with a telephone application to the Judge or nominated AAT member:

                     (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 or nominated AAT member directs.

44  Giving further information to Judge

             (1)  A Judge or nominated AAT member may require further information to be given in connection with an application to the Judge or nominated AAT member 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 or nominated AAT member directs.


 

Division 4Warrants

45  Issue of telecommunications service warrant in relation to class 1 offence

                   Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member 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;

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

45A  Issue of named person warrant in relation to class 1 offence

                   Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:

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

                     (b)  in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

                     (c)  there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and

                     (d)  information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the person is using, or is likely to use, 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 (including the use of a warrant issued under section 45) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and

                             (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;

the Judge or nominated AAT member may, in his or her discretion, issue a warrant authorising interceptions of communications made to or from any telecommunications service that the person is using, or is likely to use.

46  Issue of telecommunications service warrant in relation to class 2 offence

             (1)  Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member 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 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 or nominated AAT member should issue a warrant authorising such communications to be intercepted;

the Judge or nominated AAT member may, in his or her discretion, issue such a warrant.

             (2)  The matters to which the Judge or nominated AAT member 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.

46A  Issue of named person warrant in relation to class 2 offence

             (1)  Where an agency applies to an eligible Judge or nominated AAT member for a warrant in respect of a person and the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:

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

                     (b)  in the case of a telephone application—because of urgent circumstances, it was necessary to make the application by telephone; and

                     (c)  there are reasonable grounds for suspecting that a particular person is using, or is likely to use, more than one telecommunications service; and

                     (d)  information that would be likely to be obtained by intercepting under a warrant communications made to or from any telecommunications service that the person is using, or is likely to use, 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 or nominated AAT member should issue a warrant authorising such communications to be intercepted;

the Judge or nominated AAT member may, in his or her discretion, issue such a warrant.

             (2)  The matters to which the Judge or nominated AAT member must 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 any telecommunications service used, or likely to be used, by the person in respect of whom the warrant is sought; and

                     (b)  the gravity of the conduct constituting the offence or offences being investigated; and

                     (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; and

                     (d)  to what extent methods (including the use of a warrant issued under section 46) of investigating the offence or offences that do not involve the use of a warrant issued under this section in relation to the person have been used by, or are available to, the agency; and

                     (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.

47  Limit on authority conferred by warrant

                   A warrant issued under section 45, 45A, 46 or 46A does not authorise communications to be intercepted while they are passing over a telecommunications system operated by a carrier unless:

                     (a)  notification of the issue of the warrant has been received by or on behalf of the Managing Director of the carrier under subsection 60(1); and

                     (b)  the interception takes place as a result of action taken by an employee of the carrier, and by the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police, for the purpose of enabling the warrant to be executed.

48  Issue of warrant for entry on premises

             (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.

             (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 under this section to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service; and

                     (b)  the Judge or nominated AAT member is satisfied that subsection (2) has been complied with in relation to the application; and

                     (c)  section 45 or 46 would empower the Judge or nominated AAT member to issue a warrant if the application had been made under either of those sections; and

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

                     (d)  the Judge or nominated AAT member is satisfied, on the basis of the information given to the Judge or nominated AAT member under this Part in connection with the application, that:

                              (i)  for technical reasons connected with the nature or operation of the service or of a telecommunications system of which the service forms a part; or

                             (ii)  where, if the warrant were issued under section 45 or 46, communications to or from the telecommunications service would be intercepted while passing over a telecommunications system operated by a carrier—execution of the warrant as a result of action taken by employees of that carrier might jeopardise 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 the use of equipment or a line installed on those premises;

subsections (4) and (5) apply.

             (4)  The Judge or nominated AAT member may issue a warrant under this section authorising:

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

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

             (5)  If the Judge or nominated AAT member 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 or nominated AAT member is satisfied are necessary and reasonable for that purpose.

49  Form and content of warrant

             (1)  A warrant shall be in accordance with the prescribed form and shall be signed by the Judge or nominated AAT member who issues it.

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

          (2A)  Without limiting subsection (2), a named person warrant may state that the warrant does not authorise the interception of communications made to or from a specified telecommunications service.

             (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 or nominated AAT member 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, or a person, 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 or nominated AAT member issuing the warrant was satisfied, on the application for the warrant, as 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.

50  Issue of warrant on telephone application

             (1)  As soon as practicable after completing and signing a warrant issued on a telephone application, a Judge or nominated AAT member shall:

                     (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 or nominated AAT member who issues a warrant on a telephone application shall keep a copy of the warrant.

51  Action by agency after warrant issued on telephone application

             (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 or nominated AAT member 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 or nominated AAT member:

                     (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.

52  Judge or nominated AAT member may revoke warrant where section 51 contravened

             (1)  Where a Judge or nominated AAT member 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)  a copy of the instrument of revocation to be given as soon as practicable to the Commissioner of Police.

             (3)  Where:

                     (a)  a warrant has been issued to an agency (the first agency); and

                     (b)  another agency (the second agency) is exercising authority under that warrant; and

                     (c)  the warrant is revoked under subsection (1);

the chief officer of the first agency must cause:

                     (d)  the chief officer of the second agency to be informed forthwith of the revocation; and

                     (e)  a copy of the instrument of revocation to be given as soon as practicable to the chief officer of the second agency.

53  Notification to Australian Federal Police of issue of warrants to other agencies

             (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; and

                     (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

                     (d)  in the case of a Part VI warrant—must cause a copy of the warrant to be given to the Commissioner of Police as soon as practicable.

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

                     (a)  the name of the Judge or nominated AAT member who issued the warrant;

                     (b)  the date on which, and the time at which, the Judge or nominated AAT member signed the warrant; and

                     (c)  the terms of the warrant as indicated by the Judge or nominated AAT member under section 50.

54  Entry into force of certain warrants

             (1)  A warrant issued under section 45, 45A, 46 or 46A issued to an agency other than the Australian Federal Police does not come into force until:

                     (a)  in any case, a copy of the warrant; or

                     (b)  in the case of a warrant 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.

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

55  Exercise of authority conferred by warrant

             (1)  The authority conferred by a Part VI warrant may only be exercised by an officer or staff member of an agency in relation to whom an approval under subsection (3) is in force in relation to the warrant.

             (3)  The chief officer of an agency, or an officer of an agency in relation to whom an appointment under subsection (4) is in force, may approve any of the following to exercise the authority conferred by warrants, or classes of warrants, issued to the agency:

                     (a)  officers or staff members of the agency;

                     (b)  classes of officers or staff members of the agency;

                     (c)  officers or staff members of another agency;

                     (d)  classes of officers or staff members of another agency.

             (4)  The chief officer of an agency may appoint in writing an officer of the agency to be an approving officer for the purposes of subsection (3).

             (5)  In spite of subsection (1), a designated officer may provide technical assistance to an officer or staff member of an agency who is exercising the authority conferred by a warrant.

             (6)  A reference in subsection (5) to the provision of technical assistance includes a reference to:

                     (a)  the doing of any act involved in the interception of a communication under a warrant, to the extent that the act is incidental to the doing of an act referred to in paragraph (b); and

                     (b)  the doing of any act in connection with:

                              (i)  the installation of equipment for the purposes of intercepting a communication in accordance with a warrant; or

                             (ii)  the maintenance, testing or use of such equipment; or

                            (iii)  the removal of such equipment.

             (7)  The chief officer of an agency or a person who is an approving officer for an agency under subsection (4) may, in writing, declare persons to be designated officers for the purposes of subsection (5).

56  Revocation of warrant issued to Australian Federal Police

             (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 (including informing the chief officer of any other agency that is exercising authority under the warrant of the proposed revocation) 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, a certifying officer of the Australian Federal Police may, by writing signed by him or her, revoke the warrant after causing the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith that the certifying officer proposes to revoke the warrant.

57  Revocation of warrant by chief officer of other agency

             (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

                    (aa)  cause the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith of the proposed revocation of 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:

                     (a)  causing the Commissioner of Police to be informed of the proposed revocation; and

                     (b)  causing the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith that the chief officer proposes to revoke the warrant.

             (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

                    (aa)  the chief officer of any other agency that is exercising authority under the warrant to be informed forthwith of the revocation; and

                     (b)  a copy of the instrument of revocation to be given as soon as practicable to the Commissioner of Police.

             (4)  The chief officer of an agency may delegate his or her power under subsection (2) to a certifying officer of the agency.

58  Discontinuance of interceptions under certain warrants

             (1)  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 (other than a warrant issued under section 48);

the Commissioner of Police shall forthwith take such steps as are necessary to ensure that interceptions of communications under the warrant are discontinued.

             (2)  If the chief officer of an agency is informed under subsection 56(2) or section 57 of the revocation or proposed revocation of a warrant, the chief officer of the agency shall forthwith take such steps as are necessary to ensure that interceptions of communications under the warrant by the agency are discontinued.

59  When revocation of certain warrants takes effect

                   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.

60  Notification to Managing Director of carrier of issue or revocation of certain warrants

             (1)  Where:

                     (a)  a warrant (other than a warrant issued under section 48) is issued to an agency; and

                     (b)  it is proposed, under the warrant, to intercept communications to or from a telecommunications service while they are passing over a telecommunications system operated by a carrier;

the chief officer of the agency shall cause;

                     (c)  the Managing Director of that carrier to be informed forthwith of the issue of the warrant; and

                     (d)  a copy of the warrant, certified in writing by a certifying officer of the agency to be a true copy of the warrant, to be given as soon as practicable to the Managing Director of that carrier.

             (2)  Where:

                     (a)  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; and

                     (b)  under subsection (1) of this section, the chief officer has caused the Managing Director of a carrier to be informed of the issue of the warrant;

the chief officer shall cause a copy of the notification to be given as soon as practicable to the Managing Director of that carrier.

             (3)  Where:

                     (a)  the Managing Director of a carrier has been informed, under subsection (1), of the issue of a warrant; and

                     (b)  the warrant is revoked;

the chief officer of the agency to which the warrant was issued shall cause:

                     (c)  the Managing Director of that carrier to be informed forthwith of the revocation; and

                     (d)  a copy of the instrument of revocation, certified in writing by a certifying officer of the agency to be a true copy of the instrument, to be given as soon as practicable to the Managing Director of that carrier.

             (4)  Where:

                     (a)  the Managing Director of a carrier has been informed, under subsection (1), of the issue of a named person warrant; and

                     (b)  it is proposed, under the warrant, to intercept communications made to or from a telecommunications service operated by a carrier; and

                     (c)  the service was not identified in the warrant;

the chief officer must cause the Managing Director of the carrier to be given, as soon as practicable, a description in writing of the service sufficient to identify it.

             (5)  Where:

                     (a)  the Managing Director of a carrier has been informed, under subsection (1) of the issue of a named person warrant; and

                     (b)  the chief officer of the agency to which the warrant was issued, or a certifying officer of that agency, is satisfied that the interception of communications made to or from a particular service is no longer required;

the chief officer or the certifying officer must cause:

                     (c)  the Managing Director to be informed forthwith of the fact; and

                     (d)  confirmation in writing of the fact to be given as soon as practicable to the Managing Director.

61  Evidentiary certificates

             (1)  The Managing Director or secretary of a carrier 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, employees of the carrier in order to enable a warrant to be executed.

             (2)  A document purporting to be a certificate issued under subsection (1) and purporting to be signed by the Managing Director or secretary of a carrier 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)  A certifying officer of the Australian Federal 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 in order to enable, or in connection with enabling, a warrant issued under section 45, 45A, 46 or 46A to another agency to be executed.

             (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:

                     (a)  anything done by an officer or staff member of the agency in connection with the execution of a Part VI warrant; or

                     (b)  anything done by an officer or staff member of the agency in connection with:

                              (i)  the communication by a person to another person of; or

                             (ii)  the making use of; or

                            (iii)  the making of a record of; or

                            (iv)  the custody of a record of; or

                             (v)  the giving in evidence of;

                            information obtained by the execution of such a warrant.

             (5)  A document purporting to be a certificate issued under subsection (3) or (4) by a certifying officer of an agency and to be signed by him or her is to 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.

             (6)  In subsections (1) and (2), a reference to the Managing Director or secretary of a carrier includes a reference to the Managing Director or secretary of a body corporate of which the carrier is a subsidiary.

             (7)  For the purposes of this section, the question whether a body corporate is a subsidiary of another body corporate is to be determined in the same manner as the question is determined under the Corporations Act 2001.

61A  Certified copy of warrant

                   A document certified in writing by a certifying officer of an agency to be a true copy of a warrant shall be received in evidence in an exempt proceeding as if it were the original warrant.


 

Part VIIDealing with intercepted information

  

62  Application of Part

                   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.

63  No dealing in intercepted information or designated warrant information

             (1)  Subject to this Part, a person shall not, after the commencement of this Part:

                     (a)  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).

             (2)  Subject to this Part, a person must not, after the commencement of this subsection:

                     (a)  communicate designated warrant information to another person; or

                     (b)  make use of designated warrant information; or

                     (c)  make a record of designated warrant information; or

                     (d)  give designated warrant information in evidence in a proceeding.

63AA  Dealing in designated warrant information for the purposes of Part III, VI, VIII or IX

                   A person may, for the purposes of Part III, VI, VIII or IX:

                     (a)  communicate designated warrant information to another person; or

                     (b)  make use of designated warrant information; or

                     (c)  make a record of designated warrant information; or

                     (d)  give designated warrant information in evidence in a proceeding.

63A  Dealing in connection with existing proceeding

             (1)  A person may:

                     (a)  for a purpose connected with a proceeding begun before the commencement of this Part, or for 2 or more such purposes, and for no other purpose, communicate to another person, make use of, or make a record of; or

                     (b)  give in evidence in such a proceeding;

information:

                     (c)  obtained by intercepting a communication before that commencement, whether or not in contravention of subsection 7(1); or

                     (d)  obtained, before that commencement, by virtue of a warrant issued under section 11A.

             (2)  Nothing in subsection (1) makes admissible in evidence in any proceedings information, obtained by virtue of a warrant that was defective, that would not have been admissible in those proceedings if that subsection had not been enacted.

             (3)  For the purposes of this section, a proceeding by way of a prosecution of a person on indictment for an offence shall be deemed to have begun before the commencement of this Part if a proceeding with a view to the committal of the person for trial for the offence began before that commencement.

             (4)  For the purposes of this section, a proceeding by way of an appeal from, or otherwise arising out of, another proceeding shall be deemed to have begun before the commencement of this Part if the other proceeding began, or by virtue of any other application or applications of this section is deemed to have begun, before that commencement.

63B  Dealing in information by employees of carriers

             (1)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, information (being information that has been lawfully obtained or obtained by intercepting a communication in contravention of subsection 7(1)) relating to:

                     (a)  the operation or maintenance of a telecommunications network operated by the carrier; or

                     (b)  the supply of services by the carrier by means of a telecommunications network.

             (2)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, information (being information that has been lawfully obtained or obtained by intercepting a communication in contravention of subsection 7(1)) relating to:

                     (a)  the operation or maintenance of a telecommunications network operated by the other carrier; or

                     (b)  the supply of services by the other carrier by means of a telecommunications network;

if the communication of the information is for the purpose of the carrying on by the other carrier of its business relating to the supply of services by means of a telecommunications network operated by the other carrier.

             (3)  An employee of a carrier may, in the performance of his or her duties as such an employee, communicate or make use of, or cause to be communicated, designated warrant information if the information is reasonably necessary to enable the interception of a communication under a warrant.

             (4)  An employee of a carrier may communicate or cause to be communicated to another carrier, or to an employee of another carrier, designated warrant information if the information is reasonably necessary to enable the interception of a communication under a warrant.

64  Dealing in connection with Organisation’s functions

             (1)  A person may, in connection with the performance by the Organisation of its functions, or otherwise for purposes of security, communicate to another person, make use of, or make a record of the following:

                     (a)  lawfully obtained information other than foreign intelligence information;

                     (b)  designated warrant information.

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

65  Communicating information obtained by Organisation

             (1)  The Director-General of Security may, personally, or by a person authorised by the Director-General, communicate to another person, in accordance with paragraph 18(3)(a) or (b) of the Australian Security Intelligence Organisation Act 1979 the following:

                     (a)  lawfully obtained information;

                     (b)  designated warrant information.

             (2)  A person to whom foreign intelligence 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.

65A  Employee of carrier may communicate information to agency

                   An employee of a carrier may, for a purpose or purposes connected with the investigation by an agency of a serious offence, and for no other purpose, communicate to an officer of the agency the following:

                     (a)  lawfully obtained information other than foreign intelligence information;

                     (b)  designated warrant information.

66  Interceptor may communicate to agency to which warrant was issued

             (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.

67  Dealing for permitted purpose in relation to agency

             (1)  An officer or staff member 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 the following:

                     (a)  lawfully obtained information other than foreign intelligence information;

                     (b)  designated warrant information.

             (2)  An officer of an eligible Commonwealth authority may, for a permitted purpose, or permitted purposes, in relation to the authority, and for no other purpose, communicate to another person, make use of, or make a record of the following:

                     (a)  lawfully obtained information other than foreign intelligence information;

                     (b)  designated warrant information.

68  Chief officer may communicate information obtained by agency

                   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 that was originally obtained by the originating agency or designated warrant information:

                     (a)  if the information relates, or appears to relate, to activities prejudicial to security—to the Director-General of Security; and

                     (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; and

                     (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; or

                             (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

                           (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

                            (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; or

                             (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

                           (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

                            (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; and

                    (da)  if the information relates, or appears to relate, to the commission of a relevant offence in relation to an eligible Commonwealth authority—to the chief officer of the eligible Commonwealth authority; and

                    (ea)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Independent Commission Against Corruption—to the Commissioner of the Independent Commission Against Corruption; and

                      (f)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Police Integrity Commission—to the Commissioner of the Police Integrity Commission; and

                    (fa)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Inspector of the Police Integrity Commission—to the Inspector of the Police Integrity Commission; and

                     (g)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Anti-Corruption Commission—to the chairman of the Anti-Corruption Commission; and

                     (h)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Crime and Misconduct Commission—to the Commissioner of the Crime and Misconduct Commission; and

                      (i)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Royal Commission into Police Corruption—to the person constituting that Royal Commission; 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.

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

             (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.

70  Communicating information obtained by interception under Part V

                   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.

71  Dealing with information where interception suspected to be unlawful

             (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 Chief Executive Officer of the ACC.

             (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.

72  Making record for purpose of permitted communication

                   A person who is permitted by section 63B, 65 or 65A, 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.

73  Further dealing by recipient of certain information

                   A person to whom information has, in accordance with section 63A, subsection 63B(2), 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.

74  Giving information in evidence in exempt proceeding

             (1)  A person may give lawfully obtained information (other than foreign intelligence 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.

             (3)  A person may give designated warrant information in evidence in an exempt proceeding.

75  Giving information in evidence where defect in connection with warrant

             (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, 11B or 11C), 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.

75A  Evidence that has been given in exempt proceeding

                   If information is given in evidence (whether before or after the commencement of this section) in an exempt proceeding under section 74 or 75, that information, or any part of that information, may later be given in evidence in any proceeding.

Note:          This section was inserted as a response to the decision of the Court of Appeal of New South Wales in Wood v Beves (1997) 92 A Crim R 209.

76  Giving information in evidence in criminal proceedings under this Act

             (1)  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 subsection.

             (2)  A person may give designated warrant information in evidence in a proceeding by way of a prosecution for:

                     (a)  an offence against subsection 7(1); or

                     (b)  an offence against section 63; or

                     (c)  an ancillary offence relating to an offence of a kind referred to in paragraph (a) or (b) of this subsection.

76A  Giving information in evidence in civil proceedings for remedial relief

             (1)  A person may give information obtained by intercepting a communication in contravention of subsection 7(1) in evidence in a proceeding by way of an application under section 107A for remedial relief in respect of:

                     (a)  the interception; or

                     (b)  the communication (in contravention of section 63) of information obtained by the interception.

             (2)  A person may give designated warrant information in evidence in a proceeding by way of an application under section 107A.

77  Intercepted material and designated warrant information inadmissible except as provided

             (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 except in so far as section 63A, 74, 75, 75A, 76 or 76A permits a person to give in evidence in that proceeding information so obtained; and

                     (b)  for the purpose of determining the extent (if any) to which section 63A, 74, 75, 75A, 76 or 76A 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 11A, 11B or 11C is admissible in evidence in a proceeding unless section 63A, 74 or 75A permits a person to give in evidence in that proceeding information obtained by virtue of the warrant.

             (3)  Designated warrant information is admissible in evidence in a proceeding only to the extent that section 63AA, 74, 75A, 76 or 76A permits a person to give designated warrant information in evidence in that proceeding.

             (4)  For the purpose of determining the extent (if any) to which section 63AA, 74, 75A, 76 or 76A permits a person to give designated warrant information in evidence in a proceeding:

                     (a)  a person may:

                              (i)  communicate the information to another person; or

                             (ii)  make use of the information; or

                            (iii)  make a record of the information; or

                            (iv)  give the information in evidence in the proceeding; and

                     (b)  the information is admissible in evidence in the proceeding.

78  Where evidence otherwise inadmissible

                   Nothing in Part IIA or 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.

79  Destruction of restricted records

             (1)  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;

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

             (2)  In spite of subsection (1), a restricted record must not be destroyed unless the agency has received from the Commissioner of Police written notice that the entry in the General Register relating to the warrant under which the record was obtained has been inspected by the Minister.


 

Part VIIIKeeping and inspection of interception records of Commonwealth agencies

  

80  Commonwealth agencies to keep documents connected with issue of warrants

             (1)  The Commissioner of Police shall cause to be kept in the records of the Australian Federal Police (in this subsection called the agency):

                     (b)  each warrant issued to the agency under Part VI, and each instrument revoking such a warrant;

                     (c)  each notification under paragraph 53(1)(b) that is given to the Commissioner of Police;

                     (d)  a copy of each Part VI warrant issued to another agency;

                     (e)  each copy 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)  each authorisation by the Commissioner of Police under subsection 66(2).

             (2)  The Chief Executive Officer of the ACC must cause to be kept in the ACC’s records:

                     (a)  each warrant issued to the ACC;

                     (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)  each instrument revoking such a warrant;

                     (d)  a copy of each certificate issued under subsection 61(4) by a certifying officer of the ACC; and

                     (e)  each authorisation by the Chief Executive Officer under subsection 66(2).

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

             (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); and

                     (b)  in relation to each application by the agency for a warrant under Part VI, a statement as to whether:

                              (i)  the application was withdrawn or refused; or

                             (ii)  a warrant was issued on the application; and

                     (c)  in relation to each Part VI warrant whose authority is exercised by the agency, particulars of:

                              (i)  the warrant; and

                             (ii)  the day on which, and the time at which, each interception under the warrant began; and

                            (iii)  the duration of each such interception; and

                            (iv)  the name of the person who carried out each such interception; and

                             (v)  in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and

                     (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, 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; and

                      (f)  particulars of each use by the agency of lawfully obtained information; and

                     (g)  particulars of each communication of lawfully obtained information by an officer or staff member of the agency to a person other than an officer or staff member of the agency; 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 or by means of a computer 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 Chief Executive Officer of the ACC must cause:

                     (a)  particulars of each telephone application for a Part VI warrant made by the ACC; and

                     (b)  in relation to each application by the ACC 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; and

                    (ba)  in relation to each Part VI warrant whose authority is exercised by the ACC, particulars of:

                              (i)  the warrant; and

                             (ii)  the day on which, and the time at which, each interception under the warrant began; and

                            (iii)  the duration of each such interception; and

                            (iv)  the name of the person who carried out each such interception; and

                             (v)  in relation to a named person warrant—each service to or from which communications have been intercepted under the warrant; and

                     (c)  in relation to each restricted record that has at any time been in the possession of the ACC, particulars of:

                              (i)  if the restricted record is a record obtained by an interception under a warrant issued to the ACC—that warrant;

                             (ii)  each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the ACC;

                            (iii)  each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the ACC; and

                            (iv)  each agency or other body (if any) from or to which, or other person (if any) from or to whom, the ACC received or supplied the restricted record; and

                     (d)  particulars of each use made by the ACC of lawfully obtained information; and

                     (e)  particulars of each communication of lawfully obtained information by an officer of the ACC 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 ACC, lawfully obtained information was given in evidence in a relevant proceeding in relation to the ACC;

to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

          (2A)  If a Part VI warrant is a named person warrant, the particulars referred to in subparagraphs (1)(c)(ii) and (2)(ba)(ii) must indicate the service in respect of which each interception occurred.

             (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.

81A  General Register of Warrants

             (1)  The Commissioner of Police is to cause a General Register of Warrants to be kept.

             (2)  The Commissioner of Police is to cause to be recorded in the General Register in relation to each Part VI warrant particulars of:

                     (a)  the date of issue of the warrant; and

                     (b)  the Judge or nominated AAT member who issued the warrant; and

                     (c)  the agency to which the warrant was issued; and

                     (d)  in the case of a telecommunications service warrant:

                              (i)  the telecommunications service to which the warrant relates; and

                             (ii)  the name of the person specified in the warrant as a person using or likely to use the telecommunications service; and

                     (e)  in the case of a named person warrant:

                              (i)  the name of the person to whom the warrant relates; and

                             (ii)  each telecommunications service that is specified in the warrant, or in relation to which interceptions authorised by the warrant have occurred; and

                      (f)  the period for which the warrant is to be in force; and

                     (g)  each serious offence in relation to which the Judge or nominated AAT member who issued the warrant was satisfied, on the application for the warrant, as 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.

81B  Regular submission of General Register to Minister

             (1)  Within 3 months after the commencement of section 27 of the Telecommunications (Interception) Amendment Act 1993, the Commissioner of Police must deliver the General Register to the Minister for inspection by the Minister.

             (2)  Once at least within each succeeding period of 3 months, the Commissioner of Police must deliver to the Minister, for inspection by the Minister, any part of the General Register that represents information recorded since the General Register, or any part of the General Register, was last delivered to the Minister.

81C  Special Register of Warrants

Special Register of Warrants

             (1)  The Commissioner of Police is to cause a Special Register of Warrants to be kept.

Contents of Register

             (2)  The Commissioner of Police is to cause to be recorded in the Special Register the following particulars in relation to each registrable expired warrant:

                     (a)  the date of issue of the warrant;

                     (b)  the Judge or nominated AAT member who issued the warrant;

                     (c)  the agency to which the warrant was issued;

                     (d)  in the case of a telecommunications service warrant:

                              (i)  the telecommunications service to which the warrant related; and

                             (ii)  the name of the person specified in the warrant as a person using or likely to use the telecommunications service; and

                     (e)  in the case of a named person warrant:

                              (i)  the name of the person to whom the warrant related; and

                             (ii)  each telecommunications service that is specified in the warrant, or in relation to which interceptions authorised by the warrant have occurred; and

                      (f)  the period for which the warrant was in force;

                     (g)  each serious offence in relation to which the Judge or nominated AAT member who issued the warrant was satisfied, on the application for the warrant, as 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.

Note:          Registrable expired warrant is defined by subsections (3) and (4).

Registrable expired warrant—original warrant renewed

             (3)  For the purposes of this section, if:

                     (a)  a Part VI warrant; and

                     (b)  the warrant was an original warrant; and

                     (c)  there were one or more renewals of the warrant; and

                     (d)  at the end of the period of 3 months after the time (the cessation time) when the last renewal of the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under:

                              (i)  the warrant; or

                             (ii)  a renewal of the warrant; and

                     (e)  the cessation time is after the commencement of this section;

the warrant, and each renewal of the warrant, becomes a registrable expired warrant at the end of that period.

Registrable expired warrant—original warrant not renewed

             (4)  For the purposes of this section, if:

                     (a)  a Part VI warrant; and

                     (b)  the warrant was an original warrant; and

                     (c)  no renewal of the warrant was issued; and

                     (d)  at the end of the period of 3 months after the time (the cessation time) when the warrant ceased to be in force, no criminal proceedings had been instituted, or were likely to be instituted, against a person on the basis of information obtained as a result of intercepting a communication under the warrant; and

                     (e)  the cessation time is after the commencement of this section;

the warrant becomes a registrable expired warrant at the end of that period.

Interpretation—criminal proceedings supported by intercepted information

             (5)  A reference in this section to criminal proceedings that had been, or were likely to be, instituted on the basis of information obtained as a result of intercepting a communication under a warrant includes a reference to criminal proceedings that were, or were likely to be, supported by information obtained as a result of intercepting a communication under a warrant.

81D  Regular submission of Special Register to Minister

Original submission

             (1)  Within 3 months after the commencement of this section, the Commissioner of Police must deliver the Special Register to the Minister for inspection by the Minister.

Subsequent submissions

             (2)  Once at least within each succeeding period of 3 months, the Commissioner of Police must deliver to the Minister, for inspection by the Minister, any part of the Special Register that represents information recorded since the Special Register, or any part of the Special Register, was last delivered to the Minister.

Special Register and General Register to be delivered at the same time

             (3)  As far as is practicable, the Commissioner of Police is to ensure that delivery of the Special Register, or a part of the Special Register, as the case requires, takes place at the same time as the delivery of a part of the General Register under subsection 81B(2).

81E  Provision of information by eligible authorities

When section applies

             (1)  This section applies to an eligible authority of a State if the eligible authority is an agency.

Commissioner may require information

             (2)  The Commissioner of Police may, by written notice given to the chief officer of the eligible authority, require the chief officer to give the Commissioner of Police such information as the Commissioner of Police requires for the purposes of complying with the obligations imposed on him or her by section 81C.

Information to be given

             (3)  The chief officer must give the information within the period, and in the manner, specified in the notice.

82  Functions of Ombudsman

                   Subject to this Part, the Ombudsman has the following additional functions:

                     (a)  to inspect a Commonwealth agency’s records in order to ascertain:

                              (i)  the accuracy of entries in the General Register; and

                             (ii)  so far as is practicable, the extent of compliance, in relation to those records, with sections 79, 80 and 81; and

                    (aa)  to inspect a Commonwealth agency’s records in order to ascertain the accuracy of entries in the Special Register; and

                     (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.

83  Inspections

             (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.

84  Reports

             (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.

85  Ombudsman may report on other breaches of this Act

                   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.

86  Ombudsman’s general powers

             (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.

87  Power to obtain relevant information

             (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.

             (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.

88  Ombudsman to be given information and access notwithstanding other laws

             (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 first-mentioned 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).

89  Dealing with information for the purposes of inspection and report

                   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.

90  Ombudsman not to be sued

                   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.

91  Delegation by Ombudsman

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

92  Application of Ombudsman Act

             (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.

92A  Exchange of information between Ombudsman and State inspecting authorities

             (1)  In this section:

State agency means an eligible authority of a State that is an agency.

State inspecting authority, in relation to a State agency, means the authority that, under the law of the State concerned, has the function of making inspections of the kind referred to in paragraph 35(1)(h).

             (2)  The Ombudsman may give information that:

                     (a)  relates to a State agency; and

                     (b)  was obtained by the Ombudsman under this Act;

to the authority that is the State inspecting authority in relation to the agency.

             (3)  The Ombudsman may only give information to an authority under subsection (2) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State agency.

             (4)  The Ombudsman may receive from a State inspecting authority information relevant to the performance of the Ombudsman’s functions under this Act.


 

Part IXReports about interceptions under Parts V and VI

Division 1Reports to the Minister

93  Annual reports to Minister about interceptions under Part V

                   The Managing Director of a carrier shall, as soon as practicable after each 30 June, give to the Minister a written report about the interceptions carried out by employees of the carrier pursuant to requests made, or purporting to be made, under section 30 during the year ending on that 30 June.

94  Annual reports regarding applications and warrants under Part VI

             (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 must give to the Minister, within 3 months after a telecommunications service warrant issued to the agency ceases to be in force, a written report containing:

                     (a)  information about:

                              (i)  the use made by the agency of information obtained by interceptions under the warrant; and

                             (ii)  the communication of such information to persons other than officers of the agency; and

                            (iii)  the number of arrests that have been, or are likely to be, made on the basis of such information; and

                     (b)  an assessment of the usefulness of information obtained by interceptions under the warrant.

             (3)  The chief officer of a Commonwealth agency shall, as soon as practicable, and in any event within 3 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.

          (3A)  A report under subsection (3) must include a statement of the total expenditure (including expenditure of a capital nature) incurred by the agency concerned in connection with the execution of warrants during the year to which the report relates.

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

94A  Reports regarding emergency interception action

             (1)  The chief officer of an agency referred to in subsection 7(8) must give to the Minister a written report concerning:

                     (a)  an emergency interception action taken by an officer of the agency that, because of the operation of subsection 7(6A), took place without a warrant under Part VI; and

                     (b)  an emergency interception action taken by an officer of the agency in respect of which an application for a warrant was made under Part VI and refused.

             (2)  The chief officer of the agency must give the report within 3 months after:

                     (a)  in the case set out in paragraph (1)(a)—the date on which the action ceased; and

                     (b)  in the case set out in paragraph (1)(b)—the date on which the application was refused.

             (3)  The report must contain the following information:

                     (a)  if an interception occurred:

                              (i)  the date and time at which the interception began; and

                             (ii)  the duration of the interception;

                     (b)  if there was no interception but action had been taken to cause a communication to be intercepted—details of the action taken;

                     (c)  the circumstances that led the officer concerned to believe that the conditions of subsection 7(4) or (5) were satisfied;

                     (d)  in the case set out in paragraph (1)(a)—the reasons it was not practicable to apply for a warrant under Part VI in relation to the action;

                     (e)  in the case set out in paragraph (1)(b)—the reasons the judge or nominated AAT member refused the application if the reasons are known;

                      (f)  information about the use made by the agency of information obtained by the interception;

                     (g)  information about the communication of such information to persons other than officers of the agency;

                     (h)  the number of arrests that have been, or are likely to be, made on the basis of such information;

                      (i)  an assessment of the usefulness of information obtained by the interception.

             (4)  In this section:

emergency interception action means an interception done under subsection 7(4) or (5) or action taken under one of those subsections to cause an interception to occur.

94B  Reports regarding named person warrants

             (1)  The chief officer of an agency to which a named person warrant has been issued must give to the Minister a written report about the action (if any) that has taken place under the warrant.

             (2)  The chief officer must give a report in relation to the warrant within 3 months after the warrant ceases to be in force.

             (3)  The report must contain the following information in relation to each interception:

                     (a)  the service to or from which the intercepted communication was made (being a service that the person named in the warrant used, or was likely to use);

                     (b)  the reasons it would not have been effective to intercept the communications under a telecommunications service warrant;

                     (c)  information about the use made by the agency of information obtained by each interception;

                     (d)  information about the communication of such information to persons other than officers of the agency;

                     (e)  the number of arrests that have been, or are likely to be, made on the basis of such information;

                      (f)  an assessment of the usefulness of information obtained by each interception.

95  Minister may seek further information from Commonwealth agency

             (1)  The Minister may by writing request the chief officer of a Commonwealth agency, or eligible Commonwealth authority, 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, or eligible Commonwealth authority, shall comply with a request made to the chief officer under subsection (1).

96  Annual reports by State authorities

             (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 or 102A 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.

          (1A)  A report under subsection (1) must include a statement of the total expenditure (including expenditure of a capital nature) incurred by the eligible authority concerned in connection with the execution of warrants during the year to which the report relates.

             (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, subsections (1) and (1A) 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.

97  Reports by Managing Directors about acts done in connection with certain warrants under Part VI

                   The Managing Director of a carrier shall give to the Minister, within 3 months after a warrant under section 45, 45A, 46 or 46A ceases to be in force, a written report about the acts or things done by or in relation to employees of the carrier:

                     (a)  to enable, or in connection with enabling, communications to be intercepted under the warrant; and

                     (b)  to ensure discontinuance of interceptions under the warrant;

and the days on which, and the times at which, those acts or things were done.


 

Division 2Reports by the Minister

99  Annual report by Minister about warrants under Part VI

                   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.

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

             (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.

101  Report to contain particulars about duration of warrants

             (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 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.

102  Report to contain information about effectiveness of warrants

             (1)  The report shall set out, for each Commonwealth agency, for each eligible Commonwealth authority, 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, by eligible Commonwealth authorities, 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 prosecutions for which ended during that year, being proceedings in which, according to the respective records of Commonwealth agencies, of eligible Commonwealth authorities, 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.

             (3)  The report is to set out, for:

                     (a)  each Commonwealth agency; and

                     (b)  each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

the percentage worked out using the formula:

where:

Eligible warrants means the number of warrants that satisfy the following conditions:

                     (a)  the warrant was issued to the agency or authority, as the case requires;

                     (b)  the warrant was in force during the year to which the report relates;

                     (c)  a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

                              (i)  the warrant; or

                             (ii)  if the warrant was a renewal of an original warrant:

                                        (A)  the original warrant; or

                                        (B)  any other renewal of the original warrant; or

                            (iii)  if the warrant was an original warrant—any renewal of the original warrant.

Total warrants means the number of warrants that were:

                     (a)  issued to the agency or authority, as the case requires; and

                     (b)  in force during the year to which the report relates.

             (4)  The report is to set out the percentage worked out using the formula:

where:

Eligible warrants means the number of warrants that satisfy the following conditions:

                     (a)  the warrant was issued to:

                              (i)  a Commonwealth agency; or

                             (ii)  an eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

                     (b)  the warrant was in force during the year to which the report relates;

                     (c)  a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

                              (i)  the warrant; or

                             (ii)  if the warrant was a renewal of an original warrant:

                                        (A)  the original warrant; or

                                        (B)  any other renewal of the original warrant; or

                            (iii)  if the warrant was an original warrant—any renewal of the original warrant.

Total warrants means the number of warrants that were:

                     (a)  issued to:

                              (i)  Commonwealth agencies; and

                             (ii)  eligible authorities of States, where the eligible authorities were agencies at any time during the year to which the report relates; and

                     (b)  in force during the year to which the report relates.

             (5)  A reference in this section to a prosecution that was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under a warrant includes a reference to a prosecution that was supported, or likely to be supported, by information obtained by interceptions under a warrant.

102A  Report regarding interceptions without warrant

The report must state, for each agency referred to in subsection 7(8), the number of occasions on which an officer or staff member of the agency intercepted a communication in reliance on subsection 7(4) or (5).

103  Other information to be included in report

The report must set out:

                     (a)  the total expenditure (including expenditure of a capital nature) incurred by agencies to which the report relates in connection with the execution of warrants during the year to which the report relates; and

                    (aa)  for:

                              (i)  each Commonwealth agency; and

                             (ii)  each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

                            the amount worked out using the formula:

                            where:

                            Total warrant expenditure means the total expenditure (including expenditure of a capital nature) incurred by the agency or the authority, as the case requires, in connection with the execution of warrants during the year to which the report relates.

                            Number of warrants means the number of warrants to which the total warrant expenditure relates; and

                    (ab)  information about the availability of judges to issue warrants under Part VI and the extent to which nominated AAT members have been used for that purpose, but not including information that would identify a particular judge or AAT member; and

                    (ac)  for:

                              (i)  each Commonwealth agency; and

                             (ii)  each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

                            the number (if any) of interceptions carried out on behalf of each other such Commonwealth agency or eligible authority; and

                     (b)  such other information (if any) as is prescribed.

103A  Annual report for 1999-2000

             (1)  The annual report for 1999-2000 must include a review of the amendments made by the Telecommunications (Interception) and Listening Device Amendment Act 1997 to this Act.

             (2)  For the purposes of the review, the Minister must arrange for a public notice, in plain English, to be published in at least one daily newspaper circulating in each State and Territory, calling for submissions from the public on the operation of amendments providing for the issuing of warrants by nominated AAT members, and including an address to which submissions may be sent.


 

Division 3Provisions about annual reports

104  Annual reports

             (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 VI, VII and VIII, as the case may be, during the year ending on that 30 June.


 

Part XOffences

  

105  Contravention of section 7 or 63

             (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 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 imprisonment for a period not exceeding 6 months.

106  Obstruction

             (1)  A person shall not obstruct or hinder a person acting under a warrant.

Penalty:  Imprisonment for 6 months.

             (2)  Subsection (1) does not apply if the person obstructing or hindering has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

107  Offences relating to inspections under Part VIII

             (1)  A person shall not 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.

Penalty:  Imprisonment for 6 months.

             (2)  A person shall not:

                     (a)  intentionally 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:  Imprisonment for 6 months.

             (3)  Subsection (1) and paragraph (2)(a) do not apply if the person first mentioned in subsection (1) or (2) has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).


 

Part XACivil remedies

  

107A  Civil remedies—unlawful interception or communication

When section applies

             (1)  This section applies to an interception of a communication passing over a telecommunications system if the interception was in contravention of subsection 7(1).

Aggrieved person

             (2)  For the purposes of this section, a person is an aggrieved person if, and only if:

                     (a)  the person was a party to the communication; or

                     (b)  the communication was made on the person’s behalf.

Interception—civil court remedy

             (3)  If a person (in this subsection called the defendant):

                     (a)  so intercepted the communication; or

                     (b)  did an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception;

the Federal Court of Australia or a court of a State or Territory may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the interception by making such orders against the defendant as the court considers appropriate.

Note:          Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc.

Communication—civil court remedy

             (4)  If:

                     (a)  information was obtained by intercepting the communication; and

                     (b)  a person (in this subsection called the defendant) communicated the information to another person in contravention of section 63;

the Federal Court of Australia or a court of a State or Territory may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate.

Interception—criminal court remedy

             (5)  If a court convicts a person (in this subsection called the defendant) of an offence against subsection 7(1) constituted by:

                     (a)  the interception; or

                     (b)  the doing of an act or thing referred to in paragraph 7(1)(b) or (c) in relation to the interception;

the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the interception by making such orders against the defendant as the court considers appropriate.

Note:          Paragraphs 7(1)(b) and (c) deal with the authorisation or enabling of interception etc.

Communication—criminal court remedy

             (6)  If:

                     (a)  information was obtained by intercepting the communication; and

                     (b)  the information was communicated to a person in contravention of section 63; and

                     (c)  a court convicts a person (in this subsection called the defendant) of an offence against section 63 constituted by the communication of the information;

the court may, on the application of an aggrieved person, grant the aggrieved person remedial relief in respect of the communication of the information by making such orders against the defendant as the court considers appropriate.

Orders

             (7)  Without limiting the orders that may be made under this section against a person (in this subsection called the defendant) in respect of a particular interception or a particular communication of information, a court may make an order of one or more of the following kinds:

                     (a)  an order declaring the interception or communication, as the case requires, to have been unlawful;

                     (b)  an order that the defendant pay to the aggrieved person such damages as the court considers appropriate;

                     (c)  an order in the nature of an injunction (including a mandatory injunction);

                     (d)  an order that the defendant pay to the aggrieved person an amount not exceeding the amount that, in the opinion of the court, represents the total gross income derived by the defendant as a result of the interception or communication, as the case requires.

Terms etc. of orders

             (8)  Without limiting the orders that may be made by a court under this section, an order may:

                     (a)  include such provisions as the court considers necessary for the purposes of the order; and

                     (b)  be made either unconditionally or subject to such terms and conditions as the court determines.

Injunctive relief—variation etc.

             (9)  A court may revoke or vary an order in the nature of an injunction made by the court under this section.

Punitive damages

           (10)  A reference in paragraph (7)(b) to damages includes a reference to damages in the nature of punitive damages.

Minor irregularities in warrants etc.

           (11)  Despite subsection (1) of this section, this section does not apply to an interception that contravenes subsection 7(1) only because of 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.

107B  Limitation periods etc.

Interception—civil court remedy

             (1)  An application under subsection 107A(3) for the grant of remedial relief in respect of an interception is to be made within 6 years after the end of the interception.

Communication—civil court remedy

             (2)  An application under subsection 107A(4) for the grant of remedial relief in respect of a communication of information is to be made within 6 years after the communication.

Criminal court remedies

             (3)  An application under subsection 107A(5) or (6) for the grant of remedial relief is not subject to any limitation period, but must be made as soon as practicable after the conviction concerned.

107C  No limitation on other liability

No limitation

             (1)  This Part does not limit any liability (whether criminal or civil) that a person has under any other provision of this Act or under any other law.

Remedial relief even if defendant convicted of offence

             (2)  An application under subsection 107A(3) or (4) may be made even if the defendant referred to in that subsection has been convicted of an offence under, or arising out of, this Act.

107D  Concurrent operation of State and Territory laws

                   This Part is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Part.

107E  State or Territory courts—jurisdictional limits

                   This Part does not enable an inferior court of a State or Territory to grant remedial relief of a kind that the court is unable to grant under the law of that State or Territory.

107F  Extended meaning of conviction—orders under section 19B of the Crimes Act 1914

                   A reference in this Part to the conviction of a person of an offence includes a reference to the making of an order under section 19B of the Crimes Act 1914 in relation to a person in respect of an offence.

Note:          Section 19B of the Crimes Act 1914 empowers a court that has found a person to have committed an offence to take action without proceeding to record a conviction.


 

Part XIRegulations

  

108  Regulations

                   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.


Notes to the Telecommunications (Interception) Act 1979

Note 1

The Telecommunications (Interception) Act 1979 as shown in this compilation comprises Act No. 114, 1979 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 7 March 2000 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

 

Telecommunications (Interception) Act 1979

114, 1979

25 Oct 1979

1 June 1980 (see Gazette 1980, No. G21, p. 2)

 

 

Telecommunications (Interception) Amendment Act 1979

181, 1979

4 Dec 1979

1 June 1980 (see s. 2 and Gazette 1980, No. G21, p. 2)

 

Director of Public Prosecutions (Consequential Amendments) Act 1983

114, 1983

14 Dec 1983

S. 8(1): 16 Dec 1985 (see s. 2(2))
S. 8(2): 16 Dec 1985 (see s. 2(3))
Remainder: 5 Mar 1984 (see s. 2(1) and Gazette 1984, No. S55)

 

Telecommunications (Interception) Amendment Act 1983

116, 1983

16 Dec 1983

16 Dec 1983

 

Telecommunications (Interception) Amendment Act 1984

6, 1984

4 Apr 1984

4 Apr 1984

S. 4

 

Telecommunications (Interception) Amendment Act (No. 2) 1984

116, 1984

17 Oct 1984

17 Oct 1984

 

Telecommunications (Interception) Amendment Act 1985

8, 1985

29 Mar 1985

29 Mar 1985

 

Telecommunications (Interception) Amendment Act (No. 2) 1985

63, 1985

4 June 1985

4 June 1985

Ss. 2(2) and 8

 

Intelligence and Security (Consequential Amendments) Act 1986

102, 1986

17 Oct 1986

1 Feb 1987 (see
s. 2 and Gazette 1987, No. S13)

 

as amended by

 

 

 

 

 

Crimes Legislation Amendment Act 1991

28, 1991

4 Mar 1991

S. 74(3): (a)

 

Telecommunications (Interception) Amendment Act 1987

89, 1987

5 June 1987

Ss. 1 and 2: Royal Assent
Ss. 5(1)(a), (2), 6 and 8: 16 Dec 1987 (see s. 2(1A))
Remainder: 1 Sept 1988 (see Gazette 1988, No. S256)

Ss. 6(2), 16(2), (3), 17(2) and 18(2)–(4)

 

as amended by

 

 

 

 

 

Crimes Legislation Amendment Act 1987

120, 1987

16 Dec 1987

Part X (ss. 53, 54): Royal Assent (b)

 

Crimes Legislation Amendment Act 1987

120, 1987

16 Dec 1987

Ss. 55 and 59: Royal Assent (c)
Ss. 56–58: (c)
Ss. 60–67: (c)

 

Extradition (Repeal and Consequential Provisions) Act 1988

5, 1988

9 Mar 1988

S. 5: 1 Dec 1988 (see Gazette 1988, No. S366) (d)

S. 7(2) and (3)

 

Crimes Legislation Amendment Act 1988

65, 1988

15 June 1988

Ss. 9–11: 1 Sept 1988 (see s. 2(2), (3) and Gazette 1988, No. S256)
Remainder: Royal Assent

 

Crimes Legislation Amendment Act (No. 2) 1988

66, 1988

15 June 1988

Part VI (ss. 25–28): (e)

 

Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988

99, 1988

2 Dec 1988

2 Dec 1988

 

Telecommunications Amendment Act 1988

121, 1988

14 Dec 1988

Ss. 5, 6, 10, 12, 13, 23(2) and 26(1): 1 Jan 1989 (see Gazette 1988, No. S402)
Ss. 14, 23(3) and 26(2): 30 June 1989 (see Gazette 1989, No. S216)
Remainder: Royal Assent

 

Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989

63, 1989

19 June 1989

Ss. 1 and 2: Royal Assent
Part 5 (ss. 17, 18): 30 June 1989 (see Gazette 1989, No. S216)
Remainder: 1 July 1989: (see Gazette 1989, No. S230)

 

as amended by

 

 

 

 

 

Transport and Communications Legislation Amendment Act 1990

11, 1991

21 Jan 1991

S. 45: (f)

 

Law and Justice Legislation Amendment Act 1989

11, 1990

17 Jan 1990

Ss. 50, 51(1)(a) and 52–56: 14 Feb 1990 (g)
S. 51(1)(b) and (2): Royal Assent (g)

S. 51(2)

 

Crimes Legislation Amendment Act 1991

28, 1991

4 Mar 1991

Ss. 60, 61(1), 64–66 and 68–72: Royal Assent (h)
Ss. 61(2), 62, 63, 67 and 73: 29 Apr 1991 (see Gazette 1991, No. S108) (h)

S. 73

 

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991

99, 1991

27 June 1991

Ss. 1 and 2: Royal Assent
Ss. 3–23 and 25: 1 July 1991
Remainder: 1 Feb 1992 (see s. 2(3) and Gazette 1992, No. S32)

 

Telecommunications (Interception) Amendment Act 1993

103, 1993

22 Dec 1993

Ss. 3(2), 5, 12,
14–18 and 24–28: 1 Feb 1994 (see Gazette 1994, No. S27)
Remainder: Royal Assent

Ss. 3(3), 17(2), (3), 24(2) and 25(2), (3)

 

Royal Commission into the New South Wales Police Service (Access to Information) Act 1994

170, 1994

16 Dec 1994

16 Dec 1994

 

Evidence (Transitional Provisions and Consequential Amendments) Act 1995

3, 1995

23 Feb 1995

S. 14: Royal Assent (i)
S. 27: 18 Apr 1995 (i)

S. 14

 

International War Crimes Tribunals (Consequential Amendments) Act 1995

19, 1995

29 Mar 1995

S. 3: 28 Aug 1995 (see Gazette 1995, No. S323)
Remainder: Royal Assent

 

Telecommunications (Interception) Amendment Act 1995

141, 1995

12 Dec 1995

Schedule 1 (Part 2): 12 June 1996
Remainder: Royal Assent

Sch. 1 (items 3, 14, 19, 34, 36, 39)

 

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 5 (items 147–149): Royal Assent (j)

 

Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997

59, 1997

3 May 1997

Schedule 1 (items 51–55): 1 July 1997 (k)

 

Telecommunications (Interception) and Listening Device Amendment Act 1997

160, 1997

11 Nov 1997

Schedule 1 (items 6, 19, 20, 24, 25,
27–39, 47–50), Schedule 2 and Schedule 3
(items 1–8, 11–13):
1 Feb 1998 (see Gazette 1998, No. GN3)
Remainder: Royal Assent

S. 3 (rep. by 151, 1999, Sch. 2)

 

as amended by

 

 

 

 

 

Telecommunications (Interception) Amendment Act 1999

151, 1999

11 Nov 1999

11 Nov 1999

 

Migration Legislation Amendment Act (No. 1) 1999

89, 1999

16 July 1999

Schedule 2: 22 July 1999 (see Gazette 1999, No. S337) (l)

 

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (item 918): 5 Dec 1999 (see Gazette 1999, No. S584) (m)

 

Telecommunications (Interception) Amendment Act 1999

151, 1999

11 Nov 1999

11 Nov 1999

 

Australian Security Intelligence Organisation Legislation Amendment Act 1999

161, 1999

10 Dec 1999

Schedule 3 (items 1, 62–81): (n)

 

Australian Federal Police Legislation Amendment Act 2000

9, 2000

7 Mar 2000

2 July 2000 (see Gazette 2000, No. S328)

Sch. 3 (items 20, 32, 34, 35) [see Table A]

 

Telecommunications (Interception) Legislation Amendment Act 2000

63, 2000

22 June 2000

Schedule 3 (items 2, 3): (o)
Remainder: Royal Assent

Sch. 3 (item 72) [see Table A]

 

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001

Sch. 2 (items 418, 419) [see Table A]

 

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

S. 4(1), (2) and Schedule 47: (p)

S. 4(1) and (2) [see Table A]

 

 

Corporations (Repeals, Consequentials and Transitionals) Act 2001

55, 2001

28 June 2001

Ss. 4–14 and Schedule 3 (items 513–515): 15 July 2001 (see Gazette 2001, No. S285) (q)

Ss. 4–14

 

 

National Crime Authority Legislation Amendment Act 2001

135, 2001

1 Oct 2001

Schedules 1–7 and 9–12: 12 Oct 2001 (see Gazette 2001, No. S428)
Schedule 8: 13 Oct 2001 (see Gazette 2001, No. S428)
Remainder: Royal Assent

 

Cybercrime Act 2001

161, 2001

1 Oct 2001

21 Dec 2001 (see Gazette 2001, No. S529)

 

as amended by

 

 

 

 

 

Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004

127, 2004

31 Aug 2004

(see 127, 2004 below)

 

Royal Commissions and Other Legislation Amendment Act 2001

166, 2001

1 Oct 2001

1 Oct 2001

 

 

International Criminal Court (Consequential Amendments) Act 2002

42, 2002

27 June 2002

Schedules 1–7: 26 Sept 2002 (see s. 2(1) and Gazette 2002, No. GN38)
Remainder: 28 June 2002

 

 

Telecommunications Interception Legislation Amendment Act 2002

67, 2002

5 July 2002

Schedule 1 (items 23, 29, 33, 37, 39): 22 June 2000
Remainder: Royal Assent

Sch. 2 (item 46) [see Table A]

 

 

Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002

86, 2002

11 Oct 2002

Ss. 1–3: Royal Assent
Remainder: 1 Jan 2003 (see s. 2(1) and Gazette 2002, No. GN44)

 

 

Australian Crime Commission Establishment Act 2002

125, 2002

10 Dec 2002

Schedule 2 (items 190–224): 1 Jan 2003
Schedule 3 (item 17): (r)

 

 

Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2003

77, 2003

22 July 2003

Schedule 1 (items 28, 29): 23 July 2003

Sch. 1 (item 29) [see Table A]

 

 

Telecommunications Interception and Other Legislation Amendment Act 2003

113, 2003

12 Nov 2003

Schedule 1: 6 Feb 2004 (see Gazette 2004, No. S27)
Remainder: Royal Assent

 

 

Telecommunications (Interception) Amendment Act 2004

55, 2004

27 Apr 2004

28 Apr 2004

 

 

Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004

127, 2004

31 Aug 2004