Federal Register of Legislation - Australian Government

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LIN 22/011 Declarations/Other as made
The instrument declares NSW Department of Communities and Justice to be an enforcement agency for the purposes of the Telecommunications (Interception and Access) Act 1979.
Administered by: Home Affairs
Registered 17 Feb 2022
Tabling HistoryDate
Tabled Senate28-Mar-2022
Tabled HR29-Mar-2022

Commonwealth Coat of Arms

LIN 22/011

I, Karen Andrews, Minister for Home Affairs, make this instrument under section 176A of the Telecommunications (Interception and Access) Act 1979 (the Act).

Dated  9 February 2022

Karen Andrews

Minister for Home Affairs

 


1          Name

                 This instrument is the Telecommunications (Interception and Access) (Enforcement Agency—NSW Department of Communities and Justice) Declaration 2022.

2          Commencement

                 This instrument commences on the day after registration.

 

Note          See paragraph 176A(10)(b) of the Act for cessation of this instrument. 

           

3          Declaration

        (1)     For paragraph 176A(3)(a) of the Act, I declare New South Wales Department of Communities and Justice to be an enforcement agency.

 

        (2)     For paragraph 176A(3)(b) of the Act, I declare each staff member of that part of New South Wales Department of Communities and Justice known as Corrective Services NSW to be officers of New South Wales Department of Communities and Justice for the purposes of the Act. 

4          Conditions

        (1)     Under subsection 176A(6) of the Act, this declaration is subject to the following conditions:

 

        (a) it only applies to that part of New South Wales Department of Communities and Justice known as Corrective Services NSW; and

       

        (b) New South Wales Department of Communities and Justice and officers of Corrective Services NSW are not to exercise the power under section 180Q of the Act.

 

Note          New South Wales Department of Communities and Justice is taken not to be an enforcement agency for the purposes of section 180Q of the Act: subsection 176A(7) of the Act.