Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"ACC" means the Australian Crime Commission.
"ACC Act" means the Australian Crime Commission Act 2002 .
"access" , in relation to a stored communication, has the meaning given by section 6AA.
"accessible" , in relation to a communication, has the meaning given by section 5H.
"ACC operation/investigation" has the same meaning as in the ACC Act.
"ACMA" means the Australian Communications and Media Authority.
"activities prejudicial to security" has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979 .
"affidavit" includes affirmation.
"AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .
(a) except in Chapter 2--an interception agency or another enforcement agency; or
(b) in Chapter 2--an interception agency.
"ancillary offence" means an offence constituted by:
(a) aiding, abetting, counselling or procuring the commission of an offence;
(b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of an offence;
(c) receiving or assisting a person who is, to the offender's knowledge, guilty of an offence, in order to enable the person to escape punishment or to dispose of the proceeds of the last-mentioned offence;
(d) attempting or conspiring to commit an offence; or
(e) inciting, urging, aiding or encouraging, or printing or publishing any writing that incites, urges, aids or encourages, the commission of an offence or the carrying on of any operations for or by the commission of an offence.
"appropriately used" , in relation to a computer network that is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State, has the meaning given by section 6AAA.
"Assistant Integrity Commissioner" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .
"associate" , with a criminal organisation or a member of such an organisation, includes:
(a) be in the company of the organisation or member; and
(b) communicate with the organisation or member by any means (including by post, fax, telephone, or by email or other electronic means).
"Australian Capital Territory" includes the Jervis Bay Territory.
"authorised officer" of an enforcement agency means:
(a) the head (however described) of the enforcement agency or a person acting as that head; or
(b) a deputy head (however described) of the enforcement agency or a person acting as that deputy head; or
(c) a person who holds, or is acting in, an office or position in the enforcement agency that is covered by an authorisation in force under subsection 5AB(1).
"authorised representative" of a carrier means one of the following persons:
(a) the Managing Director of the carrier;
(b) the secretary of the carrier;
(c) an employee of the carrier authorised in writing for the purposes of this paragraph by the Managing Director or the secretary of the carrier.
"authority" , in relation to a State, includes:
(c) an authority or body established for a public purpose by or under a law of that State; and
(d) without limiting the generality of paragraph (c), the Police Force of that State.
"Board of the ACC" means the Board of the Australian Crime Commission established under section 7B of the ACC Act.
"carriage service provider" has the meaning given by the Telecommunications Act 1997 .
(a) except in Parts 5-4 and 5-4A:
(i) a carrier (within the meaning of the Telecommunications Act 1997 ); or
(ii) a carriage service provider; and
(b) in Parts 5-4 and 5-4A--a carrier (within the meaning of the Telecommunications Act 1997 ).
"carry" includes transmit, switch and receive.
"certifying officer" , in relation to an agency, or an eligible authority of a State, means:
(a) in the case of the Australian Federal Police--the Commissioner of Police, a Deputy Commissioner of Police or a person authorised to be a certifying officer of the Australian Federal Police under subsection 5AC(1); or
(aa) in the case of the Australian Commission for Law Enforcement Integrity:
(i) the Integrity Commissioner; or
(ii) an Assistant Integrity Commissioner; or
(iii) a person authorised to be a certifying officer of ACLEI under subsection 5AC(2); or
(b) in the case of the ACC:
(i) the Chief Executive Officer of the ACC or an examiner; or
(ii) a person authorised to be a certifying officer of the ACC under subsection 5AC(3); or
(c) in the case of the Police Force of a State--the Commissioner, a Deputy Commissioner, an officer whose rank is equivalent to that of Assistant Commissioner of the Australian Federal Police, or a person authorised to be a certifying officer of the Police Force of the State under subsection 5AC(4); or
(d) in the case of the Crime Commission:
(i) a member of the Crime Commission; or
(ii) a person authorised to be a certifying officer of the Crime Commission under subsection 5AC(5); or
(e) in the case of the Independent Commission Against Corruption:
(i) the Commissioner, or an Assistant Commissioner, of the Independent Commission Against Corruption; or
(ii) a person authorised to be a certifying officer of the Independent Commission Against Corruption under subsection 5AC(6); or
(ea) in the case of the Office of Police Integrity:
(i) the Director, Police Integrity; or
(ii) a person authorised to be a certifying officer of the Office of Police Integrity under subsection 5AC(7) ; or
(f) in the case of the Crime and Misconduct Commission:
(i) the Chairperson (as defined by the Crime and Misconduct Act); or
(ii) an Assistant Commissioner (as defined by the Crime and Misconduct Act); or
(g) in the case of the Police Integrity Commission:
(i) the Commissioner of the Police Integrity Commission; or
(ii) an Assistant Commissioner of the Police Integrity Commission; or
(iii) a person authorised to be a certifying officer of the Police Integrity Commission under subsection 5AC(8) ; or
(i) in the case of the Corruption and Crime Commission:
(i) the Commissioner of the Corruption and Crime Commission; or
(ii) a person authorised to be a certifying officer of the Corruption and Crime Commission under subsection 5AC(9) ; or
(j) in the case of any other agency:
(i) the chief executive officer or an acting chief executive officer of the agency; or
(ii) a person authorised to be a certifying officer of the agency under subsection 5AC(10).
"certifying person" means any of the following:
(a) the Director-General of Security;
(b) a Deputy Director-General of Security;
(c) a person authorised to be a certifying person of the Organisation under section 5AD.
"chief officer" , in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:
(a) in the case of the Australian Federal Police--the Commissioner of Police; or
(aa) in the case of the Australian Commission for Law Enforcement Integrity--the Integrity Commissioner; or
(b) in the case of the ACC--the Chief Executive Officer of the ACC; or
(ba) in the case of an eligible Commonwealth authority--the member constituting, or the member who generally presides at hearings and other meetings of, the Commonwealth Royal Commission concerned; or
(c) in the case of the Police Force of a State--the Commissioner of that Police Force; or
(d) in the case of the Crime Commission--the Commissioner of the Crime Commission; or
(e) in the case of the Independent Commission Against Corruption--the Commissioner of the Independent Commission Against Corruption; or
(ea) in the case of the Inspector of the Independent Commission Against Corruption--the Inspector of the Independent Commission Against Corruption; or
(eb) in the case of the Office of Police Integrity--the Director, Police Integrity; or
(f) in the case of the Crime and Misconduct Commission--the Chairperson of the Commission; or
(h) in the case of the Police Integrity Commission--the Commissioner of the Commission; or
(ha) in the case of the Inspector of the Police Integrity Commission--the Inspector of the Police Integrity Commission; or
(k) in the case of the Corruption and Crime Commission--the Commissioner of the Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--the Parliamentary Inspector of the Corruption and Crime Commission; or
(m) in the case of an enforcement agency that is not an interception agency and is not an eligible authority of a State--the chief executive officer or an acting chief executive officer of the agency.
(a) in relation to the Police Force of a State--the Commissioner of Police (however designated) of that State; or
(b) in relation to the Crime and Misconduct Commission--a member of the Commission, including the Chairperson.
"Commissioner of Police" means the Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979 , and includes an acting Commissioner of Police.
(a) the Australian Federal Police; or
(aa) the Australian Commission for Law Enforcement Integrity; or
(b) the ACC.
"Commonwealth Royal Commission" means a Royal Commission within the meaning of the Royal Commissions Act 1902 .
"communicate" , in relation to information, includes divulge.
"communication" includes conversation and a message, and any part of a conversation or message, whether:
(a) in the form of:
(i) speech, music or other sounds;
(ii) data;
(iii) text;
(iv) visual images, whether or not animated; or
(v) signals; or
(b) in any other form or in any combination of forms.
"Communications Access Co-ordinator" has the meaning given by section 6R.
"conduct" includes any act or omission.
"Corruption and Crime Commission" means the Corruption and Crime Commission established by the Corruption and Crime Commission Act.
"Corruption and Crime Commission Act" means the Corruption and Crime Commission Act 2003 of Western Australia.
"Crime and Misconduct Act" means the Crime and Misconduct Act 2001 of Queensland.
"Crime and Misconduct Commission" means the Crime and Misconduct Commission of Queensland.
"Crime Commission" means the New South Wales Crime Commission.
"Crime Commission Act means the New South Wales" Crime Commission Act 1985 of New South Wales.
"criminal law-enforcement agency" means a body covered by any of paragraphs (a) to (k) of the definition of enforcement agency in this subsection.
"criminal organisation" means an organisation (whether incorporated or not, and however structured) that is:
(a) a declared organisation within the meaning of:
(i) the Crimes (Criminal Organisations Control) Act 2009 of New South Wales; or
(ii) the Serious and Organised Crime (Control) Act 2008 of South Australia; or
(b) an organisation of a kind specified by or under, or described or mentioned in, a prescribed provision of a law of a State or Territory.
"delivery point" means a location in respect of which a nomination or determination is in force under section 188.
"Deputy Commissioner of Police" means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979 .
"Deputy Director-General of Security" means an officer of the Organisation who holds office as Deputy Director-General of Security.
"deputy PIM" (short for deputy public interest monitor) means a person appointed as a deputy public interest monitor under:
(a) the Crime and Misconduct Act 2001 of Queensland; or
(b) the Police Powers and Responsibilities Act 2000 of Queensland.
"Director-General of Security" means the person holding, or performing the duties of, the office of Director-General of Security under the Australian Security Intelligence Organisation Act 1979 .
"Director, Police Integrity" means the Director, Police Integrity under the Police Integrity Act.
"earth-based facility" means a facility other than a satellite-based facility.
"eligible authority" , in relation to a State, means:
(a) in any case--the Police Force of that State; or
(b) in the case of New South Wales--the Crime Commission, the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Police Integrity Commission or the Inspector of the Police Integrity Commission; or
(ba) in the case of Victoria--the Office of Police Integrity; or
(c) in the case of Queensland--the Crime and Misconduct Commission; or
(d) in the case of Western Australia--the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission.
"eligible Commonwealth authority" means a Commonwealth Royal Commission in relation to which a declaration under section 5AA is in force.
"emergency service facility" has the meaning given by subsection 6(2A).
(a) the Australian Federal Police; or
(b) a Police Force of a State; or
(c) the Australian Commission for Law Enforcement Integrity; or
(d) the ACC; or
(e) the Crime Commission; or
(f) the Independent Commission Against Corruption; or
(g) the Police Integrity Commission; or
(h) the Office of Police Integrity; or
(i) the Crime and Misconduct Commission; or
(j) the Corruption and Crime Commission; or
(k) an authority established by or under a law of the Commonwealth, a State or a Territory that is prescribed by the regulations for the purposes of this paragraph; or
(l) a body or organisation responsible to the Ministerial Council for Police and Emergency Management - Police; or
(m) the CrimTrac Agency; or
(n) any body whose functions include:
(i) administering a law imposing a pecuniary penalty; or
(ii) administering a law relating to the protection of the public revenue.
"equipment" means any apparatus or equipment used, or intended for use, in or in connection with a telecommunications network, and includes a telecommunications device but does not include a line.
"examiner" has the same meaning as in the ACC Act.
"facility" has the same meaning as in the Telecommunications Act 1997 .
"federally relevant criminal activity" has the same meaning as in the ACC Act.
"foreign communication" means a communication sent or received outside Australia.
"foreign communications warrant " means an interception warrant issued or to be issued under section 11C.
"foreign intelligence" means intelligence about the capabilities, intentions or activities of people or organisations outside Australia.
"foreign intelligence information" means information obtained (whether before or after the commencement of this definition) under a warrant issued under section 11A, 11B or 11C.
"foreign organisation" means an organisation (including a government) outside Australia.
"General Register" means the General Register of Warrants kept under section 81A.
"Governor" , in relation to a State, means, in the case of the Northern Territory, the Administrator of the Northern Territory.
"immigration offence" means an offence against section 236 of the Migration Act 1958 .
"Independent Commission Against Corruption" means the Independent Commission Against Corruption of New South Wales.
"Independent Commission Against Corruption Act" means the Independent Commission Against Corruption Act 1988 of New South Wales.
(a) the Ombudsman;
(b) a Deputy Commonwealth Ombudsman; or
(c) a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 .
"Inspector of the Independent Commission Against Corruption" means the Inspector of the Independent Commission Against Corruption referred to in section 57A of the Independent Commission Against Corruption Act.
"Inspector of the Police Integrity Commission" means the Inspector of the Police Integrity Commission referred to in section 88 of the Police Integrity Commission Act.
"Integrity Commissioner" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .
"intended recipient" , of a communication, has the meaning given by section 5G.
(a) except for the purposes of section 6R, Part 2-6 or Chapter 5:
(i) a Commonwealth agency; or
(ii) an eligible authority of a State in relation to which a declaration under section 34 is in force; or
(b) for the purposes of Part 2-6:
(i) a Commonwealth agency; or
(ii) an eligible authority of a State; or
(c) for the purposes of section 6R and Chapter 5:
(i) the Organisation; or
(ii) a Commonwealth agency; or
(iii) an eligible authority of a State in relation to which a declaration under section 34 is in force.
"interception warrant" means a warrant issued under Chapter 2.
"interception warrant information" has the meaning given by section 6EA.
"in the possession of" , in relation to a document, record or copy, includes in the custody of or under the control of.
"issuing authority" means a person in respect of whom an appointment is in force under section 6DB.
"lawfully accessed information" means information obtained by accessing a stored communication otherwise than in contravention of subsection 108(1).
"lawfully intercepted information" has the meaning given by section 6E.
"law of the Commonwealth" includes a law of the Australian Capital Territory.
"line" has the same meaning as in the Telecommunications Act 1997 .
"listening device" has the same meaning as in Division 2 of Part III of the Australian Security Intelligence Organisation Act 1979 .
"maintain" includes adjust and repair.
"Managing Director" , in relation to a carrier, means the chief executive officer (however described) of the carrier.
"member" , of a criminal organisation, includes:
(a) in the case of an organisation that is a body corporate--a director and an officer of the body corporate; and
(b) in any case:
(i) an associate member or prospective member (however described) of the organisation; and
(ii) a person who identifies himself or herself, in some way, as belonging to the organisation; and
(iii) a person who is treated by the organisation or persons who belong to the organisation, in some way, as if he or she belongs to the organisation.
"member of a police force" means:
(a) a member of the Australian Federal Police; or
(b) an officer of the Police Force of a State or Territory.
"member of the Australian Federal Police" includes a special member of the Australian Federal Police.
"member of the Crime Commission" means a person who is, or who is acting in the office of, the Chairperson, or a member, of the Crime Commission.
"member of the staff of a Commonwealth Royal Commission" means:
(a) a legal practitioner appointed to assist the Commission; or
(b) a person authorised to be a member of the staff of a Commonwealth Royal Commission for the purposes of this Act under section 5AE.
"member of the staff of the ACC" has the same meaning as in the ACC Act.
"member of the staff of the Crime Commission" means a person who is, for the purposes of the Crime Commission Act, a member of the staff of the Crime Commission.
"member of the staff of the Inspector of the Independent Commission Against Corruption" means:
(a) a member of the staff referred to in subsection 57E(1) or (2) of the Independent Commission Against Corruption Act ; or
(b) a person engaged under subsection 57E(3) of that Act; or
(c) a person whose services are used under subsection 57E(4) of that Act.
"member of the staff of the Inspector of the Police Integrity Commission" means a person who is engaged or employed under subsection 92(1), (2) or (3) of the Police Integrity Commission Act or whose services are used under subsection 92(4) of that Act.
"member of the staff of the Office of Police Integrity" means a person who is, for the purposes of the Police Integrity Act, a member of the staff of the Office of Police Integrity.
"member of the staff of the Police Integrity Commission" means a person who is, for the purposes of the Police Integrity Commission Act, a member of the staff of the Commission.
"Minister" , in relation to a State, means:
(a) except where paragraph (b) applies--a Minister of the Crown of that State; or
(b) in the case of the Northern Territory--a person holding Ministerial office within the meaning of the Northern Territory (Self-Government) Act 1978 .
"Minister for Defence" means the Minister administering the Defence Act 1903 .
"Minister for Foreign Affairs " means the Minister administering the Diplomatic Privileges and Immunities Act 1967 .
"missing person information" , in relation to a missing person, has the meaning given by section 182.
"named person warrant" means an interception warrant issued or to be issued under section 9A, 11B or 46A.
"network protection duties" , in relation to a computer network, means duties relating to:
(a) the operation, protection or maintenance of the network; or
(b) if the network is operated by, or on behalf of, a Commonwealth agency, security authority or eligible authority of a State--ensuring that the network is appropriately used by employees, office holders or contractors of the agency or authority.
"nominated AAT member" means a member of the Administrative Appeals Tribunal in respect of whom a nomination is in force under section 6DA to issue warrants under Part 2-5.
"nominated carriage service provider" means a carriage service provider covered by a declaration in force under subsection 197(4).
"non-missing person information" has the meaning given by section 182.
"notifiable equipment , in relation to a carrier or nominated carriage service provider, " means equipment that:
(a) provides all or part of the carrier or provider's telecommunication services; or
(b) manages all or part of the provision of the carrier or provider's telecommunication services; or
(c) manages some or all of the information to which section 276 of the Telecommunications Act 1997 applies in relation to the carrier or provider.
"offence" means an offence against a law of the Commonwealth or of a State.
"office holder" means a person who holds, occupies or performs the duties of an office, position or appointment.
"Office of Police Integrity" means the Office of Police Integrity established by the Police Integrity Act.
"officer" , in relation to an agency, an eligible Commonwealth authority or an eligible authority of a State, means:
(a) in the case of the Australian Federal Police--a member of the Australian Federal Police; or
(aa) in the case of the Australian Commission for Law Enforcement Integrity--the Integrity Commissioner or a staff member of ACLEI; or
(b) in the case of the ACC--the Chief Executive Officer of the ACC, an examiner or a member of the staff of the ACC; or
(ba) in the case of an eligible Commonwealth authority--a member of the Commonwealth Royal Commission concerned or a member of the staff of the Royal Commission; or
(c) in the case of the Police Force of a State--an officer of that Police Force; or
(d) in the case of the Crime Commission--a member of the Crime Commission or a member of the staff of the Crime Commission; or
(e) in the case of the Independent Commission Against Corruption--an officer of the Independent Commission Against Corruption, being a person who is an officer as defined by the Independent Commission Against Corruption Act ; or
(ea) in the case of the Inspector of the Independent Commission Against Corruption:
(i) the Inspector of the Independent Commission Against Corruption; or
(ii) a member of the staff of the Inspector of the Independent Commission Against Corruption; or
(eb) in the case of the Office of Police Integrity:
(i) a member of the staff of the Office of Police Integrity; or
(ii) an individual who is engaged under paragraph 17(1)(b) of the Police Integrity Act; or
(f) in the case of the Crime and Misconduct Commission--a commission officer (within the meaning of the Crime and Misconduct Act ); or
(h) in the case of the Police Integrity Commission:
(i) the Commissioner or Assistant Commissioner of the Police Integrity Commission; or
(ii) a member of the staff of the Police Integrity Commission; or
(ha) in the case of the Inspector of the Police Integrity Commission:
(i) the Inspector of the Police Integrity Commission; or
(ii) a member of the staff of the Inspector of the Police Integrity Commission; or
(k) in the case of the Corruption and Crime Commission--an officer of the Corruption and Crime Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--the Parliamentary Inspector of the Corruption and Crime Commission or an officer of the Parliamentary Inspector.
"officer of a State" has the meaning given by subsection 6G(2).
"officer of a Territory" has the meaning given by subsection 6G(3).
"officer of the Commonwealth" has the meaning given by subsection 6G(1).
"officer of the Corruption and Crime Commission" means an officer of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
"officer of the Parliamentary Inspector" means an officer of the Parliamentary Inspector of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
"Ombudsman" means the Commonwealth Ombudsman.
"Organisation" means the Australian Security Intelligence Organisation.
"organised crime control law means a law of a State, a purpose of which is to combat organised crime or restrict the activities of criminal organisations, " that provides for:
(a) the declaration of an organisation as a declared organisation; or
(b) the making of orders described as control orders or interim control orders in relation to members of criminal organisations.
"original warrant" means a warrant other than a renewal of a warrant.
"Parliamentary Inspector of the Corruption and Crime Commission" means the Parliamentary Inspector of the Corruption and Crime Commission within the meaning of the Corruption and Crime Commission Act.
Part 2-2 warrant means a warrant issued under Part 2-2.
Part 2-5 warrant means a warrant issued under Part 2-5.
"passing over" includes being carried.
Note: See section 5F for when a communication is passing over a telecommunications system.
"permitted purpose" , in relation to an interception agency, an eligible Commonwealth authority or an eligible authority of a State, means a purpose connected with:
(a) in any case:
(i) an investigation by the agency or eligible authority of a prescribed offence;
(ii) the making by an authority, body or person of a decision whether or not to begin a relevant proceeding in relation to the agency or eligible authority;
(iii) a relevant proceeding in relation to the agency or eligible authority;
(iv) the exercise by the chief officer of the agency or eligible authority of the powers conferred by section 68; or
(v) the keeping of records by the agency under Part 2-7, or by the eligible authority under provisions of a law of the State that impose on the chief officer of the authority requirements corresponding to those imposed on the chief officer of a Commonwealth agency by sections 80 and 81; or
(aa) in the case of the ACC:
(i) an ACC operation/investigation; or
(ii) a report to the Board of the ACC on the outcome of such an operation or investigation; or
(iii) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of a member of the staff referred to in subsection 47(1) of the Australian Crime Commission Act 2002 ; or
(iv) a report on such an investigation or inquiry; or
(v) the making by a person of a decision, following such an investigation or inquiry, in relation to the employment of such a staff member (including a decision to terminate the staff member's employment); or
(vi) a review (whether by way of appeal or otherwise) of such a decision; or
(b) in the case of the Australian Federal Police:
(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, being an investigation or inquiry under a law of the Commonwealth or by a person in the person's capacity as an officer of the Commonwealth; or
(ii) a report on such an investigation or inquiry; or
(iia) the making by a person of a decision under the Australian Federal Police Act 1979 in relation to the engagement of an AFP employee, the retirement of an AFP employee or the termination of the employment of an AFP employee or in relation to the appointment or the termination of the appointment of a special member of the Australian Federal Police; or
(iib) a review (whether by way of appeal or otherwise) of such a decision; or
(iii) the tendering to the Governor-General of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or
(iv) deliberations of the Executive Council in connection with advice to the Governor-General to terminate, because of misbehaviour or improper conduct, the appointment of an officer of the Commonwealth; or
(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, Division 104 of the Criminal Code ; or
(vi) the performance of a function or duty, or the exercise of a power, by a person, court, tribunal or other body under, or in relation to a matter arising under, Division 105 of the Criminal Code , so far as the function, duty or power relates to a preventative detention order; or
(baa) in the case of the Australian Commission for Law Enforcement Integrity:
(i) a corruption investigation (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or
(ii) a report on such an investigation; or
(ba) in the case of an eligible Commonwealth authority:
(i) an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or
(ii) a report on such an investigation; or
(c) in the case of the Police Force of a State:
(i) an investigation of, or an inquiry into, alleged misbehaviour, or alleged improper conduct, of an officer of that State, being an investigation or inquiry under a law of that State or by a person in the person's capacity as an officer of that State; or
(ii) a report on such an investigation or inquiry; or
(iia) the making by a person of a decision in relation to the appointment, re-appointment, term of appointment, retirement or termination of appointment of an officer or member of staff of that Police Force; or
(iib) a review (whether by way of appeal or otherwise) of such a decision; or
(iii) the tendering to the Governor of that State of advice to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or
(iv) deliberations of the Executive Council of that State in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of an officer of that State; or
(v) the performance of a function or duty, or the exercise of a power, by a person, court or other body under, or in relation to a matter arising under, an organised crime control law of that State; or
(d) in the case of an eligible authority of a State:
(i) an inspection of the authority's records that is made under a requirement of the law of that State, being a requirement of the kind referred to in paragraph 35(1)(h); or
(ii) a report on such an inspection; or
(da) in the case of the Independent Commission Against Corruption:
(i) an investigation under the Independent Commission Against Corruption Act into whether corrupt conduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or
(ii) a report on such an investigation; or
(db) in the case of the Inspector of the Independent Commission Against Corruption:
(i) dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Independent Commission Against Corruption Act ) on the part of the Independent Commission Against Corruption or officers of that Commission; or
(ii) dealing with (by reports and recommendations) conduct amounting to maladministration (within the meaning of the Independent Commission Against Corruption Act) by the Independent Commission Against Corruption or officers of that Commission; or
(dc) in the case of the Inspector of the Police Integrity Commission--dealing with (by reports and recommendations) complaints of abuse of power, impropriety or other forms of misconduct (within the meaning of the Police Integrity Commission Act) on the part of the Police Integrity Commission or officers of that Commission; or
(e) in the case of the Police Integrity Commission:
(i) an investigation under the Police Integrity Commission Act of police misconduct (within the meaning of section 5 of that Act) of a police officer (within the meaning of that Act); or
(ia) an investigation under the Police Integrity Commission Act of corrupt conduct (within the meaning of section 5A of that Act) of an administrative officer (within the meaning of that Act); or
(ib) an investigation under the Police Integrity Commission Act of misconduct (within the meaning of section 5B of that Act) of a Crime Commission officer (within the meaning of that Act); or
(ii) a report on an investigation covered by subparagraph (i), (ia) or (ib); or
(iii) the tendering to the Governor of New South Wales of advice to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Force; or
(iv) deliberations of the Executive Council of New South Wales in connection with advice to the Governor of that State to terminate, because of misbehaviour or improper conduct, the appointment of the Commissioner of the New South Wales Police Force; or
(f) in the case of the Office of Police Integrity:
(i) an investigation by the Director, Police Integrity under the Police Integrity Act into the conduct of a member of the force (within the meaning of that Act); or
(ii) an investigation by the Director, Police Integrity under the Police Integrity Act or the Whistleblowers Protection Act, into serious misconduct (within the meaning of the Police Integrity Act); or
(iii) a report on an investigation covered by subparagraph (i) or (ii); or
(g) in the case of the Corruption and Crime Commission:
(i) an investigation under the Corruption and Crime Commission Act into whether misconduct (within the meaning of that Act) has or may have occurred, is or may be occurring, is or may be about to occur, or is likely to occur; or
(ii) a report on such an investigation; or
(ga) in the case of the Crime and Misconduct Commission:
(i) an investigation under the Crime and Misconduct Act into whether misconduct (within the meaning of that Act) may have occurred, may be occurring or may be about to occur; or
(ii) a report on such an investigation; or
(h) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--dealing with a matter of misconduct (within the meaning of the Corruption and Crime Commission Act) on the part of the Corruption and Crime Commission, an officer of the Corruption and Crime Commission or an officer of the Parliamentary Inspector of the Corruption and Crime Commission.
"PIM" (short for public interest monitor) means the person appointed as the public interest monitor under:
(a) the Crime and Misconduct Act 2001 of Queensland; or
(b) the Police Powers and Responsibilities Act 2000 of Queensland.
"police disciplinary proceeding" means a disciplinary proceeding, before a tribunal or body that is responsible for disciplining members of the Australian Federal Police or officers of a Police Force of a State, against a member of the Australian Federal Police, or an officer of that Police Force, as the case may be, not being a proceeding by way of a prosecution for an offence.
"Police Integrity Act" means the Police Integrity Act 2008 of Victoria.
"Police Integrity Commission" means the Police Integrity Commission of New South Wales.
"Police Integrity Commission Act" means the Police Integrity Commission Act 1996 of New South Wales.
"Premier" , in relation to a State, means, in the case of the Northern Territory, the Chief Minister of the Northern Territory.
(a) any land;
(b) any structure, building, aircraft, vehicle, vessel or place (whether built on or not); and
(c) any part of such a structure, building, aircraft, vehicle, vessel or place.
"prescribed investigation" , in relation to a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State:
(aa) in the case of the Australian Commission for Law Enforcement Integrity--means a corruption investigation (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or
(a) in the case of the ACC--means an ACC operation/investigation; or
(b) in the case of the Crime Commission--means an investigation that the Crime Commission is conducting in the performance of its functions under the Crime Commission Act; or
(ba) in the case of an eligible Commonwealth authority--an investigation that the Commonwealth Royal Commission concerned is conducting in the course of the inquiry it is commissioned to undertake; or
(c) in the case of the Independent Commission Against Corruption--means an investigation that the Independent Commission Against Corruption is conducting in the performance of its functions under the Independent Commission Against Corruption Act; or
(ca) in the case of the Inspector of the Independent Commission Against Corruption--means an investigation that the Inspector is conducting in the performance of the Inspector's functions under the Independent Commission Against Corruption Act; or
(cb) in the case of the Office of Police Integrity--means an investigation that the Director, Police Integrity is conducting in the performance of the Director's functions under the Police Integrity Act ; or
(d) in the case of the Crime and Misconduct Commission--means an investigation that the Commission is conducting in the performance of its functions under the Crime and Misconduct Act; or
(f) in the case of the Police Integrity Commission--means an investigation that the Commission is conducting in the performance of its functions under the Police Integrity Commission Act; or
(fa) in the case of the Inspector of the Police Integrity Commission--means an investigation that the Inspector is conducting in the performance of the Inspector's functions under the Police Integrity Commission Act ; or
(i) in the case of the Corruption and Crime Commission--means an investigation that the Commission is conducting in the performance of its functions under the Corruption and Crime Commission Act; or
(j) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--means dealing with a matter of misconduct in the performance of the Parliamentary Inspector's functions under the Corruption and Crime Commission Act.
(a) a serious offence, or an offence that was a serious offence when the offence was committed;
(b) an offence against subsection 7(1) or section 63; or
(ba) an offence against subsection 108(1) or section 133; or
(c) an offence against a provision of Part 10.6 of the Criminal Code ; or
(d) any other offence punishable by imprisonment for life or for a period, or maximum period, of at least 3 years; or
(e) an ancillary offence relating to an offence of a kind referred to in paragraph (a), (b), (c) or (d) of this definition.
(a) a substance that is a narcotic drug or psychotropic substance for the purposes of the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 ; or
(b) a controlled drug or border controlled drug within the meaning of Part 9.1 of the Criminal Code ; or
(c) a controlled plant or border controlled plant within the meaning of Part 9.1 of the Criminal Code ; or
(d) a controlled precursor or border controlled precursor within the meaning of Part 9.1 of the Criminal Code .
"preventative detention order" has the same meaning as in Part 5.3 of the Criminal Code .
(a) a proceeding or proposed proceeding in a federal court or in a court of a State or Territory;
(b) a proceeding or proposed proceeding, or a hearing or proposed hearing, before a tribunal in Australia, or before any other body, authority or person in Australia having power to hear or examine evidence; or
(c) an examination or proposed examination by or before such a tribunal, body, authority or person.
"publicly-listed ASIO number" has the meaning given by subsection 6(3).
(a) in relation to information--a record or copy, whether in writing or otherwise, of the whole or a part of the information; or
(b) in relation to an interception, whether or not in contravention of subsection 7(1), of a communication:
(i) a record or copy, whether in writing or otherwise, of the whole or a part of the communication, being a record or copy made by means of the interception; or
(ii) a record or copy, whether in writing or otherwise, of the whole or a part of a record or copy that is, by virtue of any other application or applications of this definition, a record obtained by the interception.
"relevant offence" , in relation to a Commonwealth agency, an eligible Commonwealth authority or an eligible authority of a State, means:
(a) in the case of the Australian Federal Police--a prescribed offence that is an offence against a law of the Commonwealth; or
(aa) in the case of the Australian Commission for Law Enforcement Integrity--a prescribed investigation concerning conduct that involves a prescribed offence or possible conduct that would involve a prescribed offence; or
(b) in the case of the ACC--a prescribed offence to which a prescribed investigation relates; or
(ba) in the case of an eligible Commonwealth authority--a prescribed offence to which a prescribed investigation relates; or
(c) in the case of the Police Force of a State--a prescribed offence that is an offence against a law of that State; or
(d) in the case of the Crime Commission--a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(e) in the case of the Independent Commission Against Corruption--a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(ea) in the case of the Inspector of the Independent Commission Against Corruption--a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(eb) in the case of the Office of Police Integrity--a prescribed offence that is an offence against a law of Victoria and to which a prescribed investigation relates; or
(f) in the case of the Crime and Misconduct Commission--a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates; or
(h) in the case of the Police Integrity Commission--a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates; or
(ha) in the case of the Inspector of the Police Integrity Commission--a prescribed offence that is an offence against a law of New South Wales and to which a prescribed investigation relates; or
(k) in the case of the Corruption and Crime Commission--a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime Commission--a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates.
"relevant staff member" of an enforcement agency means:
(a) the head (however described) of the enforcement agency; or
(b) a deputy head (however described) of the enforcement agency; or
(c) any employee, member of staff or officer of the enforcement agency.
"relevant statistics" , in relation to applications of a particular kind, means all of the following:
(a) how many applications of that kind were made;
(b) how many applications of that kind were withdrawn or refused; and
(c) how many warrants were issued on applications of that kind.
"renewal" , in relation to a warrant issued to an agency in respect of a telecommunications service or person, means a warrant:
(a) that is issued to the agency in respect of that service or person; and
(b) the application for which was made while:
(i) the first-mentioned warrant; or
(ii) a warrant that is, by virtue of any other application or applications of this definition, a renewal of the first-mentioned warrant;
was still in force.
"renewal application" means an application by an agency for a warrant in respect of a telecommunications service or person, being an application made while a warrant issued to the agency in respect of that service or person is still in force.
"responsible person" for a computer network means:
(a) if an individual operates the network, or the network is operated on behalf of an individual--that individual; or
(b) if a body (whether or not a body corporate) operates the network, or the network is operated on behalf of a body (whether or not a body corporate):
(i) the head (however described) of the body, or a person acting as that head; or
(ii) if one or more positions are nominated by that head, or the person acting as that head, for the purposes of this subparagraph--each person who holds, or is acting in, such a position.
"restricted record" means a record other than a copy, that was obtained by means of an interception, whether or not in contravention of subsection 7(1), of a communication passing over a telecommunications system.
"satellite-based facility" means a facility in a satellite.
"secretary" has the same meaning as in the Corporations Act 2001 .
"security" has the same meaning as it has in the Australian Security Intelligence Organisation Act 1979 .
"security authority" means an authority of the Commonwealth that has functions primarily relating to:
(a) security; or
(b) collection of foreign intelligence; or
(c) the defence of Australia; or
(d) the conduct of the Commonwealth's international affairs.
"senior executive AFP employee" has the same meaning as in the Australian Federal Police Act 1979 .
"serious contravention" has the meaning given by section 5E.
"serious offence" has the meaning given by section 5D.
"special investigation" means an investigation into matters relating to federally relevant criminal activity that the ACC is conducting and that the Board of the ACC has determined to be a special investigation.
"Special Register" means the Special Register of Warrants kept under section 81C.
"staff member" , in relation to the Australian Federal Police, means an AFP employee who is not a member of the Australian Federal Police.
"staff member of ACLEI" has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006 .
"State" includes the Northern Territory.
"stored communication" means a communication that:
(a) is not passing over a telecommunications system; and
(b) is held on equipment that is operated by, and is in the possession of, a carrier; and
(c) cannot be accessed on that equipment, by a person who is not a party to the communication, without the assistance of an employee of the carrier.
"stored communications warrant" means a warrant issued under Chapter 3.
"stored communications warrant information" has the meaning given by section 6EB.
"subscriber" means a person who rents or uses a telecommunications service.
"telecommunications device" means a terminal device that is capable of being used for transmitting or receiving a communication over a telecommunications system.
"telecommunications network" means a system, or series of systems, for carrying communications by means of guided or unguided electromagnetic energy or both, but does not include a system, or series of systems, for carrying communications solely by means of radiocommunication.
"telecommunications number" means the address used by a carrier for the purposes of directing a communication to its intended destination and identifying the origin of the communication, and includes:
(a) a telephone number; and
(b) a mobile telephone number; and
(c) a unique identifier for a telecommunications device (for example, an electronic serial number or a Media Access Control address); and
(d) a user account identifier; and
(e) an internet protocol address; and
(f) an email address.
"telecommunications service" means a service for carrying communications by means of guided or unguided electromagnetic energy or both, being a service the use of which enables communications to be carried over a telecommunications system operated by a carrier but not being a service for carrying communications solely by means of radiocommunication.
"telecommunications service warrant" means an interception warrant issued or to be issued under section 9, 11A, 46 or 48.
"telecommunications system" means:
(a) a telecommunications network that is within Australia; or
(b) a telecommunications network that is partly within Australia, but only to the extent that the network is within Australia;
and includes equipment, a line or other facility that is connected to such a network and is within Australia.
"telephone application" means an application made by telephone for a Part 2-5 warrant or a stored communications warrant.
"Territory" does not include the Northern Territory.
(a) except in Chapter 2--an interception warrant or a stored communications warrant; or
(b) in Chapter 2 (except in Part 2-5)--an interception warrant (whether issued before or after the commencement of this definition); or
(c) in Part 2-5--a Part 2-5 warrant.
"Whistleblowers Protection Act" means the Whistleblowers Protection Act 2001 of Victoria.
(2) Where a telecommunications service is provided by a carrier for the use of an employee or employees of the carrier (not being a telecommunications service to which that person is the subscriber or those persons are subscribers), the carrier shall, for the purposes of this Act, be deemed to be the subscriber to that telecommunications service.
(3) For the purposes of this Act, the question whether equipment, or a line or other facility, is connected to a telecommunications network is to be determined in the same manner as that question is determined for the purposes of the Telecommunications Act 1997 .
(4) A reference in this Act to the Attorney-General shall, at a time when the Attorney-General is absent from Australia or when, by reason of illness of the Attorney-General or for any other reason, the Director-General of Security cannot readily communicate with the Attorney-General, be read as including a reference to a Minister who has been authorized in writing by the Attorney-General to perform the functions of the Attorney-General under this Act at such a time.
(4A) A reference in this Act to an employee of a carrier includes a reference to a person who is engaged by the carrier or whose services are made available to the carrier.
(4B) A reference in this Act to an employee of a security authority includes a reference to a person who is engaged by the security authority or whose services are made available to the security authority.
(5) For the purposes of the definition of telecommunications system in subsection (1), a telecommunications network shall be taken to be within Australia to the extent that the network is used for the purpose of carrying communications:
(a) over an earth-based facility within Australia, or between earth-based facilities within Australia;
(b) from an earth-based facility within Australia to a satellite-based facility, but only to the extent that the next earth-based facility to which the communications will be carried is an earth-based facility within Australia;
(c) from a satellite-based facility to an earth-based facility within Australia, but only to the extent that the last earth-based facility from which the communications were carried was an earth-based facility within Australia; and
(d) over a satellite-based facility, or between satellite-based facilities, but only to the extent that:
(i) the last earth-based facility from which the communications were carried was an earth-based facility within Australia; and
(ii) the next earth-based facility to which the communications will be carried is an earth-based facility within Australia;
whether or not the communications originated in Australia, and whether or not the final destination of the communications is within Australia.
(6) For the purposes of the definition of foreign intelligence in subsection (1), Australia includes the external Territories.
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