EXPLANATORY STATEMENT

Telecommunications (Interception and Access) Act 1979

Telecommunications (Interception and Access) (Staff Members of Western Australia Police) Declaration 2007

Under the Telecommunications (Interception and Access) Act 1979 (the Act) warrants may be issued to agencies to permit the interception of communications.  The power to exercise the authority conferred by an interception warrant may only be exercised by an officer or staff member of an agency in relation to whom an approval is in force pursuant to subsection 55(3) of the Act. 

Subsection 55(3) provides that the chief officer of an agency may approve officers or staff members, or classes of officers or staff members, of the agency or another agency to exercise the authority conferred by warrants.  An ‘officer’ in relation to the Police Force of a State is defined as an officer of that Police Force and a ‘staff member’ is defined as an Australian Federal Police (AFP) employee who is not a ‘member’ of the AFP.  Accordingly, the chief officer of an agency may approve sworn members of the Police Force to exercise the authority conferred by warrants.

Section 6N of the Act enables the Attorney-General to declare that members of an agency included in a specified class of members occupy positions corresponding to those of AFP employees who are not members of the AFP.  The effect of such a declaration is to enable the chief officer of an agency to approve unsworn staff members of a Police Force to execute the authority conferred by warrants. 

The Western Australia Police was declared to be an agency for the purposes of the Act on 15 July 1997.  Accordingly, the Western Australia Police can apply for warrants and intercept communications under the Act.  The Western Australia Police requested that a declaration pursuant to section 6N of the Act be made in relation to unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit who will have the function of monitoring intercepted communications.  

On reviewing the duties and conditions of employment, the Attorney-General is satisfied that unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit occupy sufficiently corresponding positions to those of staff members of the Australian Federal Police.  

Accordingly, the Attorney-General has executed an instrument declaring that the 
unsworn members of the Western Australia Police employed or seconded to the Telecommunications Interception Unit occupy positions corresponding to those of staff members of the Australian Federal Police.  This means that the Commissioner of the Western Australia Police is able to approve these unsworn members to exercise the authority conferred by an interception warrant.