2016‑2017‑2018‑2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Bill 2019
No. , 2019
(Home Affairs)
A Bill for an Act to amend legislation relating to telecommunications, and for other purposes
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 2
Schedule 1—Review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 by the Independent National Security Legislation Monitor 3
Independent National Security Legislation Monitor Act 2010 3
Schedule 2—Industry assistance to interception agencies 4
Telecommunications Act 1997 4
A Bill for an Act to amend legislation relating to telecommunications, and for other purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Telecommunications and Other Legislation Amendment (Miscellaneous Amendments) Act 2019.
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 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Review of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 by the Independent National Security Legislation Monitor
Independent National Security Legislation Monitor Act 2010
1 Paragraph 6(1D)(b)
Omit “as soon as practicable after”, substitute “before the end of”.
Schedule 2—Industry assistance to interception agencies
Telecommunications Act 1997
1 Section 317B
Insert:
Corruption and Crime Commission (WA) means the Corruption and Crime Commission established by the Corruption, Crime and Misconduct Act 2003 (WA).
Independent Broad‑based Anti‑corruption Commission of Victoria means the Independent Broad‑based Anti‑corruption Commission established by the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic).
Independent Commissioner Against Corruption (SA) means the person who is the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act 2012 (SA)).
2 Section 317B (after paragraph (a) of the definition of interception agency)
Insert:
(aa) the Australian Commission for Law Enforcement Integrity; or
3 Section 317B (at the end of the definition of interception agency)
Add:
; or (d) the Independent Commission Against Corruption of New South Wales; or
(e) the New South Wales Crime Commission; or
(f) the Law Enforcement Conduct Commission of New South Wales; or
(g) the Independent Broad‑based Anti‑corruption Commission of Victoria; or
(h) the Crime and Corruption Commission of Queensland; or
(i) the Independent Commissioner Against Corruption (SA); or
(j) the Corruption and Crime Commission (WA).
4 Section 317B
Insert:
Law Enforcement Conduct Commission of New South Wales means the Law Enforcement Conduct Commission constituted by the Law Enforcement Conduct Commission Act 2016 (NSW).
member of the staff of the Independent Commissioner Against Corruption (SA) means a person who is engaged under subsection 12(1) of the Independent Commissioner Against Corruption Act 2012 (SA).
5 Section 317ZM (after table item 1)
Insert:
| 2 | Australian Commission for Law Enforcement Integrity | the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) | (a) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or (b) a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) |
6 Section 317ZM (at the end of the table)
Add:
| 5 | Independent Commission Against Corruption of New South Wales | the Chief Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) | an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (other than a person engaged under section 104B of that Act) |
| 6 | New South Wales Crime Commission | the Commissioner (within the meaning of the Crime Commission Act 2012 (NSW)) | an officer of the Commission (within the meaning of the Crime Commission Act 2012 (NSW)) other than a person engaged under subsection 74(2) of that Act |
| 7 | Law Enforcement Conduct Commission of New South Wales | the Chief Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) | (a) the Chief Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or (b) the Commissioner for Integrity (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or (c) a member of the staff of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) |
| 8 | Independent Broad‑based Anti‑corruption Commission of Victoria | the Commissioner (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) | a sworn IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) |
| 9 | Crime and Corruption Commission of Queensland | the chairperson (within the meaning of the Crime and Corruption Act 2001 (Qld)) | a commission officer (as defined by paragraph (a) of the definition of commission officer in the Dictionary to the Crime and Corruption Act 2001 (Qld)) other than a person engaged under section 256 of that Act |
| 10 | Independent Commissioner Against Corruption (SA) | the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act 2012 (SA)) | (a) the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act 2012 (SA)); or (b) the Deputy Commissioner; or (c) a member of the staff of the Independent Commissioner Against Corruption (SA) |
| 11 | Corruption and Crime Commission (WA) | the Commissioner (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) | an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) other than a person engaged under section 182 of that Act |
7 Subsection 317ZR(1) (after table item 1)
Insert:
| 2 | Australian Commission for Law Enforcement Integrity | (a) an Assistant Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006); or (b) a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) who is an SES employee or acting SES employee |
8 Subsection 317ZR(1) (at the end of the table)
Add:
| 5 | Independent Commission Against Corruption of New South Wales | (a) a Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or (b) an Assistant Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or (c) an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (other than a person engaged under section 104B of that Act) who is at executive level |
| 6 | New South Wales Crime Commission | an officer of the Commission (within the meaning of the Crime Commission Act 2012 (NSW)) (other than a person engaged under subsection 74(2) of that Act) who is at executive level |
| 7 | Law Enforcement Conduct Commission of New South Wales | (a) the Commissioner for Integrity (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or (b) a member of the staff of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) who is at executive level |
| 8 | Independent Broad‑based Anti‑corruption Commission of Victoria | (a) a Deputy Commissioner of the Commission; or (b) the Chief Executive Officer of the Commission; or (c) a sworn IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) who is at executive level |
| 9 | Crime and Corruption Commission of Queensland | a senior executive officer (within the meaning of the Crime and Corruption Act 2001 (Qld)) |
| 10 | Independent Commissioner Against Corruption (SA) | (a) the Deputy Commissioner; or (b) a member of the staff of the Independent Commissioner Against Corruption who is at executive level |
| 11 | Corruption and Crime Commission (WA) | an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) (other than a person engaged under section 182 of that Act) who is at executive level |
9 At the end of section 317ZR
Add:
(6) For the purposes of this section, a person is at executive level, in relation to an interception agency of Western Australia, if the person 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 (WA)).