A Bill for an Act to amend the Telecommunications (Interception and Access) Act 1979, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Telecommunications (Interception and Access) Amendment (Corrective Services Authorities) Act 2022.
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Note: This table relates only to the provisions of this Act as originally enacted.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Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments
Telecommunications (Interception and Access) Act 1979
1 Subsection 5(1)
Insert:
corrective services authority has the meaning given by section 176B.
2 Subsection 5(1) (paragraph (o) of the definition of officer)
After “176A(3)”, insert “or 176B(3)”.
3 After paragraph 176A(1)(b)
Insert:
; (c) subject to subsection 176B(7), a corrective services authority for which a declaration under subsection 176B(3) is in force.
4 After section 176A
Insert:
176B Corrective services authority
(1) A corrective services authority is a State/Territory authority that is responsible for providing corrective services.
Declarations
(2) The State/Territory Minister for a corrective services authority may request the Commonwealth Minister to declare the authority to be an enforcement agency.
(3) The Commonwealth Minister may, by legislative instrument, declare:
(a) a corrective services authority to be an enforcement agency; and
(b) persons specified, or of a kind specified, in the declaration to be officers of the enforcement agency for the purposes of this Act.
(4) The Commonwealth Minister must not make the declaration unless the State/Territory Minister for the corrective services authority has made a request under subsection (2).
(5) In considering whether to make the declaration, the Commonwealth Minister may consult such persons or bodies as the Commonwealth Minister thinks fit. In particular, the Commonwealth Minister may consult the Privacy Commissioner and the Ombudsman.
Conditions on declarations
(6) The declaration may be subject to conditions.
(7) Without limiting subsection (6), a condition may provide that the corrective services authority is not to exercise a power conferred on an enforcement agency by or under a specified provision in this Chapter. The corrective services authority is taken, for the purposes of this Act, not to be an enforcement agency for the purposes of that provision.
Revoking declarations
(8) The State/Territory Minister for a corrective services authority may request the Commonwealth Minister to revoke a declaration under subsection (3) relating to the authority.
(9) The Commonwealth Minister must, by legislative instrument, revoke a declaration under subsection (3) relating to a corrective services authority if the Commonwealth Minister receives a request under subsection (8) relating to the authority.
(10) The Commonwealth Minister may, by legislative instrument, revoke a declaration under subsection (3) relating to a corrective services authority if the Commonwealth Minister is satisfied that the extent of compliance by the authority with this Act has been unsatisfactory.
(11) The revocation under subsection (9) or (10) of a declaration relating to a corrective services authority does not affect the validity of an authorisation, made by an authorised officer of the authority under this Division, that was in force immediately before the revocation took effect.
When declaration comes into force
(12) A declaration under subsection (3) comes into force:
(a) at the start of the day after the day the declaration is registered; or
(b) at the start of such later day as is specified in the declaration.
Interpretation
(13) In this section:
Commonwealth Minister means the Minister.
State/Territory authority means:
(a) a department of a State or the Australian Capital Territory; or
(b) a part of a department of a State or the Australian Capital Territory; or
(c) an authority or body established for a public purpose by or under a law of a State or the Australian Capital Territory.
State/Territory Minister for a corrective services authority means the Minister of a State or the Australian Capital Territory who is responsible for corrective services in the State or the Australian Capital Territory, as the case requires.
(14) The definition of authority in subsection 5(1) does not apply to this section.