Federal Register of Legislation - Australian Government

Primary content

Act No. 74 of 2012 as made
An Act to amend the law relating to telecommunications interception and access, and the sharing of information and things, and for related purposes
Administered by: Attorney-General's
Originating Bill: Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012
Registered 03 Jul 2012
Date of Assent 27 Jun 2012
Table of contents.

 

 

 

 

 

 

Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012

 

No. 74, 2012

 

 

 

 

 

An Act to amend the law relating to telecommunications interception and access, and the sharing of information and things, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Schedule(s)......................................................................................... 6

Schedule 1—Independent Broad‑based Anti‑corruption Commission 7

Part 1—Amendments                                                                                                    7

Crimes Act 1914                                                                                                           7

Privacy Act 1988                                                                                                         7

Taxation Administration Act 1953                                                                           7

Telecommunications (Interception and Access) Act 1979                                   7

Part 2—Application and transitional provisions                                            11

Schedule 2—Victorian Inspectorate                                                                         16

Telecommunications (Interception and Access) Act 1979                                 16

Schedule 3—Public Interest Monitor                                                                       19

Part 1—Amendments                                                                                                  19

Telecommunications (Interception and Access) Act 1979                                 19

Part 2—Saving provision                                                                                           22

Schedule 4—Independent Commissioner Against Corruption                23

Telecommunications (Interception and Access) Act 1979                                 23

 


 

 

Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012

No. 74, 2012

 

 

 

An Act to amend the law relating to telecommunications interception and access, and the sharing of information and things, and for related purposes

[Assented to 27 June 2012]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Telecommunications Interception and Other Legislation Amendment (State Bodies) Act 2012.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

27 June 2012

2.  Schedule 1, items 1 to 28

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day section 16 of the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

10 February 2013

(see Vict. Gazette No. S32)

(paragraph (b) applies)

3.  Schedule 1, items 29 and 30

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

28 June 2012

(paragraph (a) applies)

4.  Schedule 1, items 31 to 36

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day section 16 of the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

10 February 2013

(see Vict. Gazette No. S32)

(paragraph (b) applies)

5.  Schedule 1, item 37

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

28 June 2012

(paragraph (a) applies)

6.  Schedule 1, items 38 to 40

The latest of:

(a) the day after this Act receives the Royal Assent; and

(b) the day Schedule 1 to the Cybercrime Legislation Amendment Act 2012 commences; and

(c) the day section 16 of the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) or (c) does not occur.

10 February 2013

(see Vict. Gazette No. S32)

(paragraph (c) applies)

7.  Schedule 1, item 41

The latest of:

(a) the day after this Act receives the Royal Assent; and

(b) the day Schedule 1 to the Cybercrime Legislation Amendment Act 2012 commences; and

(c) the day the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) or (c) does not occur.

10 October 2012

(paragraph (b) applies)

8.  Schedule 1, item 42

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day section 16 of the Independent Broad‑based Anti‑corruption Commission Amendment (Investigative Functions) Act 2012 of Victoria commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

10 February 2013

(see Vict. Gazette No. S32)

(paragraph (b) applies)

9.  Schedule 2

Immediately after the commencement of the provision(s) covered by table item 2.

10 February 2013

10.  Schedule 3

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day Part 7 of the Public Interest Monitor Act 2011 of Victoria commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

10 February 2013

(see Vict. Gazette No. S32)

(paragraph (b) applies)

11.  Schedule 4

The later of:

(a) the day after this Act receives the Royal Assent; and

(b) the day the Independent Commissioner Against Corruption Act 2012 of South Australia commences.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

20 December 2012

(see South Australia Gazette 20 December 2012 p5742)

(paragraph (b) applies)

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Independent Broad‑based Anti‑corruption Commission

Part 1Amendments

Crimes Act 1914

1  Subsection 3ZQU(7) (paragraph (e) of the definition of State or Territory law enforcement agency)

Repeal the paragraph, substitute:

                     (e)  the Independent Broad‑based Anti‑corruption Commission established by the Independent Broad‑based Anti‑corruption Commission Act 2011 of Victoria; or

Privacy Act 1988

2  Subsection 6(1) (paragraph (ka) of the definition of enforcement body)

Omit “Office of Police Integrity”, substitute “Independent Broad‑based Anti‑corruption Commission”.

Taxation Administration Act 1953

3  Paragraph 355‑70(4)(i)

Omit “Office of Police Integrity”, substitute “Independent Broad‑based Anti‑corruption Commission”.

Telecommunications (Interception and Access) Act 1979

4  Subsection 5(1) (paragraph (ea) of the definition of certifying officer)

Repeal the paragraph, substitute:

                    (ea)  in the case of the IBAC:

                              (i)  the Commissioner of the IBAC; or

                             (ii)  the Deputy Commissioner of the IBAC; or

                            (iii)  a person authorised to be a certifying officer of the IBAC under subsection 5AC(7); or

5  Subsection 5(1) (paragraph (eb) of the definition of chief officer)

Omit “Office of Police Integrity—the Director, Police Integrity”, substitute “IBAC—the Commissioner of the IBAC”.

6  Subsection 5(1) (definition of Director, Police Integrity)

Repeal the definition.

7  Subsection 5(1) (paragraph (ba) of the definition of eligible authority)

Omit “Office of Police Integrity”, substitute “IBAC”.

8  Subsection 5(1) (paragraph (h) of the definition of enforcement agency)

Omit “Office of Police Integrity”, substitute “IBAC”.

9  Subsection 5(1)

Insert:

IBAC means the Independent Broad‑based Anti‑corruption Commission established by the IBAC Act.

10  Subsection 5(1)

Insert:

IBAC Act means the Independent Broad‑based Anti‑corruption Commission Act 2011 of Victoria.

11  Subsection 5(1)

Insert:

IBAC officer means a person who is an IBAC Officer (within the meaning of the IBAC Act).

12  Subsection 5(1) (definition of member of the staff of the Office of Police Integrity)

Repeal the definition.

13  Subsection 5(1) (definition of Office of Police Integrity)

Repeal the definition.

14  Subsection 5(1) (paragraph (eb) of the definition of officer)

Repeal the paragraph, substitute:

                   (eb)  in the case of the IBAC—an IBAC officer; or

15  Subsection 5(1) (paragraph (f) of the definition of permitted purpose)

Repeal the paragraph, substitute:

                      (f)  in the case of the IBAC:

                              (i)  an investigation under the IBAC Act of corrupt conduct (within the meaning of section 3A of that Act); or

                             (ii)  an investigation under the IBAC Act of police personnel conduct (within the meaning of section 3B of that Act); or

                            (iii)  a report or recommendation on an investigation covered by subparagraph (i) or (ii); or

16  Subsection 5(1) (definition of Police Integrity Act)

Repeal the definition.

17  Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation)

Repeal the paragraph, substitute:

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

18  Subsection 5(1) (paragraph (eb) of the definition of relevant offence)

Omit “Office of Police Integrity”, substitute “IBAC”.

19  Subsection 5(1) (definition of Whistleblowers Protection Act)

Repeal the definition.

20  Subsection 5AC(7)

Repeal the subsection, substitute:

             (7)  The Commissioner of the IBAC may authorise, in writing, an IBAC officer who occupies an office or position at an equivalent level to that of an executive (within the meaning of the Public Administration Act 2004 of Victoria) to be a certifying officer of the IBAC.

21  Paragraph 5B(1)(i)

Omit “Director, Police Integrity”, substitute “IBAC”.

22  Subparagraph 6A(1)(c)(viii)

Omit “Office of Police Integrity”, substitute “IBAC”.

23  Paragraph 6L(2)(ba)

Omit “Office of Police Integrity”, substitute “IBAC”.

24  Paragraph 39(2)(ea)

Repeal the paragraph, substitute:

                    (ea)  in the case of the IBAC—an IBAC officer; or

25  Paragraph 68(ec)

Omit “Director, Police Integrity—to the Director, Police Integrity”, substitute “IBAC—to the Commissioner of the IBAC”.


 

Part 2Application and transitional provisions

26  Interpretation

In this Part:

Principal Act means the Telecommunications (Interception and Access) Act 1979.

27  Application of item 1

The amendment made by item 1 of this Schedule applies, on or after the commencement of this item, in relation to:

                     (a)  a thing seized before, on or after that commencement; and

                     (b)  a document produced before, on or after that commencement.

28  Application of items 2 and 3

The amendments made by items 2 and 3 of this Schedule apply in relation to disclosures, made on or after the commencement of this item, of information acquired before, on or after that commencement.

29  Things shared with Office of Police Integrity under the Crimes Act 1914

(1)       This item applies if before, on or after the commencement of this item, a thing or document was made available to the Office of Police Integrity under subsection 3ZQU(5) of the Crimes Act 1914.

(2)       The Office of Police Integrity may, on or after that commencement, make the thing or document available to the Independent Broad‑based Anti‑corruption Commission, to be used by the Independent Broad‑based Anti‑corruption Commission for a purpose mentioned in that subsection.

30  Information disclosed to Office of Police Integrity under the Taxation Administration Act 1953

(1)       This item applies if before, on or after the commencement of this item, information was originally disclosed to an authorised law enforcement agency officer of the Office of Police Integrity of Victoria under an exception in Subdivision 355‑B of the Taxation Administration Act 1953 for a purpose specified in that exception (the original purpose).

(2)       An authorised law enforcement agency officer of the Office of Police Integrity may disclose that information, on or after that commencement, to the Commissioner of the Independent Broad‑based Anti‑corruption Commission of Victoria for the original purpose, or in connection with the original purpose.

31  Transitioning actions etc. of Office of Police Integrity

(1)       Any action taken or any other thing done by, or in relation to, the Office of Police Integrity before the commencement of this item under, or for the purposes of, the Principal Act is to be treated for the purposes of that Act after that commencement as if it had been taken or done by, or in relation to, the IBAC.

(2)       Items 32, 33, 34, 35, 36, 38, 39 and 40 do not limit subitem (1).

32  Warrants issued to Office of Police Integrity

A warrant that:

                     (a)  was issued to the Office of Police Integrity under the Principal Act before the commencement of this item; and

                     (b)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued to the IBAC.

33  Authorisations made by Office of Police Integrity

An authorisation that:

                     (a)  was made by an authorised officer of the Office of Police Integrity under Division 4 of Part 4‑1 of the Principal Act before the commencement of this item; and

                     (b)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been made by an authorised officer of the IBAC.

34  Evidentiary certificates for actions of officers etc. of Office of Police Integrity

A written certificate issued under section 61, 130 or 185C of the Principal Act that:

                     (a)  was issued by a certifying officer of the Office of Police Integrity before the commencement of this item; and

                     (b)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued by a certifying officer of the IBAC.

35  Evidentiary certificates for warrants issued to Office of Police Integrity

The Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written certificate under section 61 or 129 of the Principal Act, after the commencement of this item, in relation to acts or things that:

                     (a)  were done before that commencement; and

                     (b)  were done to enable the execution of a warrant issued to the Office of Police Integrity before that commencement.

36  Evidentiary certificates for authorisations made by Office of Police Integrity

The Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written certificate under section 185A of the Principal Act, after the commencement of this item, in relation to acts or things that:

                     (a)  were done before that commencement; and

                     (b)  were done to enable the disclosure of information or documents covered by an authorisation that was made by the Office of Police Integrity under Division 4 of Part 4‑1 of the Principal Act before that commencement.

37  Information intercepted etc. by Office of Police Integrity

(1)       This item applies to information that:

                     (a)  was acquired by the Office of Police Integrity before, on or after the commencement of this item; and

                     (b)  is information of the following kind:

                              (i)  lawfully intercepted information;

                             (ii)  interception warrant information;

                            (iii)  lawfully accessed information;

                            (iv)  stored communications warrant information;

                             (v)  information or documents voluntarily disclosed to the Office of Police Integrity in accordance with section 177 of the Principal Act;

                            (vi)  information or documents disclosed under an authorisation made under Division 3 or 4 of Part 4‑1 of the Principal Act.

(2)       Nothing in the Principal Act prevents the Director, Police Integrity from communicating that information to the IBAC on or after that commencement.

38  Preservation notices issued by Office of Police Integrity

A domestic preservation notice that:

                     (a)  was issued by the Office of Police Integrity under the Principal Act before the commencement of this item; and

                     (b)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued by the IBAC.

39  Evidentiary certificates for preservation notices relating to actions of officers etc. of Office of Police Integrity

A written certificate issued under section 107U of the Principal Act that:

                     (a)  was issued by a certifying official of the Office of Police Integrity before the commencement of this item; and

                     (b)  was in force immediately before that commencement;

continues in force (and may be dealt with) on and after that commencement as if it had been issued by a certifying official of the IBAC.

40  Evidentiary certificates for preservation notices issued by Office of Police Integrity

The Managing Director or secretary, or an authorised employee, of a carrier, or a body corporate of which the carrier is a subsidiary, may issue a written certificate under section 107T of the Principal Act, after the commencement of this item, in relation to acts or things that:

                     (a)  were done before that commencement; and

                     (b)  were done in order to comply with a preservation notice issued by the Office of Police Integrity before that commencement.

41  Preservation notice information obtained by Office of Police Integrity

(1)       This item applies to information that:

                     (a)  was acquired by the Office of Police Integrity before, on or after the commencement of this item; and

                     (b)  is preservation notice information.

(2)       Nothing in the Principal Act prevents the Director, Police Integrity from communicating that information to the IBAC on or after that commencement.

42  Regulations

The Governor‑General may make regulations in relation to transitional, saving or application matters that:

                     (a)  relate to the operation of the Principal Act; and

                     (b)  arise out of:

                              (i)  the abolition of the Office of Police Integrity; or

                             (ii)  the inclusion of the IBAC as an eligible authority and an enforcement agency for the purposes of the Principal Act.


 

Schedule 2Victorian Inspectorate

  

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1) (after paragraph (eb) of the definition of chief officer)

Insert:

                    (ec)  in the case of the Victorian Inspectorate—the Inspector of the Victorian Inspectorate; or

2  Subsection 5(1) (paragraph (ba) of the definition of eligible authority)

After “IBAC”, insert “or the Victorian Inspectorate”.

3  Subsection 5(1)

Insert:

Inspector of the Victorian Inspectorate means the Inspector referred to in section 14 of the Victorian Inspectorate Act.

4  Subsection 5(1) (after paragraph (eb) of the definition of officer)

Insert:

                    (ec)  in the case of the Victorian Inspectorate—a Victorian Inspectorate officer; or

5  Subsection 5(1) (after paragraph (f) of the definition of permitted purpose)

Insert:

                    (fa)  in the case of the Victorian Inspectorate:

                              (i)  an investigation under Part 3 of the Victorian Inspectorate Act into the conduct of the IBAC or IBAC personnel (within the meaning of that Act); or

                             (ii)  a report or recommendation on such an investigation; or

6  Subsection 5(1) (after paragraph (cb) of the definition of prescribed investigation)

Insert:

                    (cc)  in the case of the Victorian Inspectorate—means an investigation that the Victorian Inspectorate is conducting in the performance of its functions under the Victorian Inspectorate Act; or

7  Subsection 5(1) (after paragraph (eb) of the definition of relevant offence)

Insert:

                    (ec)  in the case of the Victorian Inspectorate—a prescribed offence that is an offence against the law of Victoria and to which a prescribed investigation relates; or

8  Subsection 5(1)

Insert:

Victorian Inspectorate means the Victorian Inspectorate established under the Victorian Inspectorate Act.

9  Subsection 5(1)

Insert:

Victorian Inspectorate Act means the Victorian Inspectorate Act 2011 of Victoria.

10  Subsection 5(1)

Insert:

Victorian Inspectorate officer means a person who is a Victorian Inspectorate Officer (within the meaning of the Victorian Inspectorate Act).

11  After paragraph 5B(1)(i)

Insert:

                   (iaa)  a proceeding of the Victorian Inspectorate; or

12  After subparagraph 6A(1)(c)(viii)

Insert:

                            (ix)  the Victorian Inspectorate;

13  Paragraph 6L(2)(ba)

After “IBAC”, insert “or the Victorian Inspectorate”.

14  After paragraph 68(ec)

Insert:

                   (ed)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Victorian Inspectorate—to the Inspector of the Victorian Inspectorate; and


 

Schedule 3Public Interest Monitor

Part 1Amendments

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1) (definition of deputy PIM)

Before “means”, insert “, in relation to Queensland,”.

2  Subsection 5(1) (definition of PIM)

Repeal the definition, substitute:

PIM (short for public interest monitor) means:

                     (a)  in relation to Victoria—a person appointed as a Public Interest Monitor under the Public Interest Monitor Act 2011 of Victoria; or

                     (b)  in relation to Queensland—a person appointed as the public interest monitor under:

                              (i)  the Crime and Misconduct Act 2001 of Queensland; or

                             (ii)  the Police Powers and Responsibilities Act 2000 of Queensland.

3  Paragraph 35(1)(ha)

After “section”, insert “44A or”.

4  After section 44

Insert:

44A  Application by interception agency of Victoria

Scope

             (1)  This section applies if an interception agency of Victoria applies, under section 39, to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service or a person.

PIM may make submissions

             (2)  A Victorian PIM may, orally or in writing, make submissions to the Judge or nominated AAT member about the following matters:

                     (a)  in relation to an application for a warrant in respect of a telecommunications service—the matters mentioned in paragraphs 46(2)(a) to (f);

                     (b)  in relation to an application for a warrant in respect of a person—the matters mentioned in paragraphs 46A(2)(a) to (f).

PIM may question certain persons

             (3)  The Victorian PIM may, for the purpose of making submissions under subsection (2), question:

                     (a)  the person making the application for the warrant on the interception agency’s behalf; or

                     (b)  a person who, under section 44, is required by the Judge or nominated AAT member to give further information to the Judge or nominated AAT member in connection with the application.

However, the Victorian PIM may only do so in the presence of the eligible Judge or nominated AAT member.

5  Subsection 45(2)

Omit “The PIM”, substitute “A Queensland PIM”.

6  Subsection 45(3)

Omit “PIM” (wherever occurring), substitute “Queensland PIM”.

7  Subsections 45(4) and (5)

Repeal the subsections, substitute:

             (4)  A Queensland PIM may delegate to a Queensland deputy PIM the Queensland PIM’s power under subsection (2) or (3), or both. The delegation must be in writing.

             (5)  In exercising powers under the delegation, the Queensland deputy PIM must comply with any directions of the Queensland PIM.

8  Section 45A

Repeal the section, substitute:

45A  State law not affected

                   If:

                     (a)  a person (the applicant) applies, or proposes to apply, under section 39, on behalf of an interception agency of Victoria or Queensland for a warrant in respect of a telecommunications service or a person; and

                     (b)  a law of that State authorises or requires the applicant:

                              (i)  to notify the PIM of that State of the application or proposed application; or

                             (ii)  to notify the PIM of that State of any information that relates to the application or proposed application; or

                            (iii)  to give the PIM of that State any document that relates to the application or proposed application;

then nothing in this Act prevents the applicant from making the notification or giving the document to the PIM of that State.

9  After paragraph 46(2)(f)

Insert:

                    (fa)  in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated AAT member; and

10  Paragraph 46(2)(g)

Omit “PIM”, substitute “Queensland PIM”.

11  After paragraph 46A(2)(f)

Insert:

                    (fa)  in relation to an application by an interception agency of Victoria—any submissions made by the Victorian PIM under section 44A to the Judge or nominated AAT member; and

12  Paragraph 46A(2)(g)

Omit “PIM”, substitute “Queensland PIM”.


 

Part 2Saving provision

13  Saving provision for item 7

Despite the repeal of subsection 45(4) of the Telecommunications (Interception and Access) Act 1979, any delegation by the PIM under that subsection that was in force immediately before the commencement of this item continues in force (and may be dealt with) after that commencement as if the delegation had been made for the purposes of subsection 45(4) as amended by this Schedule.


 

Schedule 4Independent Commissioner Against Corruption

  

Telecommunications (Interception and Access) Act 1979

1  Subsection 5(1) (after paragraph (i) of the definition of certifying officer)

Insert:

                    (ia)  in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a person authorised to be a certifying officer for the Independent Commissioner Against Corruption under subsection 5AC(9A); or

2  Subsection 5(1) (after paragraph (l) of the definition of chief officer)

Insert:

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

3  Subsection 5(1) (at the end of the definition of eligible authority)

Add:

               ; or (e)  in the case of South Australia—the Independent Commissioner Against Corruption.

4  Subsection 5(1) (after paragraph (j) of the definition of enforcement agency)

Insert:

                    (ja)  the Independent Commissioner Against Corruption; or

5  Subsection 5(1)

Insert:

Independent Commissioner Against Corruption means the person who is the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act).

6  Subsection 5(1)

Insert:

Independent Commissioner Against Corruption Act means the Independent Commissioner Against Corruption Act 2012 of South Australia.

7  Subsection 5(1)

Insert:

member of the staff of the Independent Commissioner Against Corruption means a person who is engaged under subsection 10(1) of the Independent Commissioner Against Corruption Act.

8  Subsection 5(1) (at the end of the definition of officer)

Add:

              ; or (m)  in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a member of the staff of the Independent Commissioner Against Corruption.

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

Add:

                ; or (i)  in the case of the Independent Commissioner Against Corruption:

                              (i)  an investigation under the Independent Commissioner Against Corruption Act into corruption in public administration (within the meaning of that Act); or

                             (ii)  a report on such an investigation.

10  Subsection 5(1) (at the end of the definition of prescribed investigation)

Add:

               ; or (k)  in the case of the Independent Commissioner Against Corruption—means an investigation that the Independent Commissioner Against Corruption is conducting in the performance of the Commissioner’s functions under the Independent Commissioner Against Corruption Act.

11  Subsection 5(1) (at the end of the definition of relevant offence)

Add:

              ; or (m)  in the case of the Independent Commissioner Against Corruption—a prescribed offence that is an offence against the law of South Australia and to which a prescribed investigation relates.

12  After subsection 5AC(9)

Insert:

          (9A)  The Independent Commissioner Against Corruption may authorise, in writing, a member of the staff of the Independent Commissioner Against Corruption who occupies an office or position at an equivalent level to that of an executive employee (within the meaning of the Public Sector Act 2009 of South Australia) to be a certifying officer of the Independent Commissioner Against Corruption.

13  After paragraph 5B(1)(kb)

Insert:

                   (kc)  a proceeding of the Independent Commissioner Against Corruption; or

14  At the end of paragraph 6A(1)(c)

Add:

                         ; (xii)  the Independent Commissioner Against Corruption.

15  At the end of subsection 6L(2)

Add:

               ; or (e)  in the case of the Independent Commissioner Against Corruption—a reference to a proceeding by way of prosecution for a prescribed offence:

                              (i)  that is an offence against the law of South Australia; and

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

16  At the end of subsection 39(2)

Add:

                ; or (j)  in the case of the Independent Commissioner Against Corruption:

                              (i)  the Independent Commissioner Against Corruption; or

                             (ii)  the Deputy Commissioner referred to in section 8 of the Independent Commissioner Against Corruption Act; or

                            (iii)  a member of the staff of the Independent Commissioner Against Corruption.

17  After paragraph 68(j)

Insert:

                    (ja)  if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Independent Commissioner Against Corruption—to the Independent Commissioner Against Corruption; and

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 22 March 2012

Senate on 18 June 2012]

(38/12)