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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Interception) Amendment Bill 1999
No.
,
1999
(Attorney-General)
A
Bill for an Act to amend the law relating to telecommunications interception,
and for related purposes
ISBN: 0642
40819X
Contents
Telecommunications (Interception) Act
1979 3
Telecommunications (Interception) and Listening Device Amendment Act
1997 8
A Bill for an Act to amend the law relating to
telecommunications interception, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Interception)
Amendment Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
Each Act 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repealed as set out in the applicable items in the Schedule concerned, and any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.
Telecommunications
(Interception) Act 1979
1 Subsection 5(1)
Insert:
Anti-Corruption Commission means the Anti-Corruption
Commission established by the Anti-Corruption Commission Act.
2 Subsection 5(1)
Insert:
Anti-Corruption Commission Act means the Anti-Corruption
Commission Act 1988 of Western Australia.
3 Subsection 5(1) (at the end of the definition
of certifying officer)
Add:
; or (h) in the case of the Anti-Corruption Commission:
(i) a member of the Anti-Corruption Commission; or
(ii) a member of the staff of the Anti-Corruption Commission who 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 of
Western Australia, and who is authorised in writing by the chairman of the
Anti-Corruption Commission for the purposes of this paragraph; or
(i) in the case of the QCC:
(i) a commission member; or
(ii) a member of the staff of the QCC who is a senior executive within the
meaning of the Public Service Act 1996 of Queensland, or who holds an
office or position at an equivalent level, and who is authorised in writing by
the Queensland crime commissioner for the purposes of this paragraph.
4 Subsection 5(1) (at the end of the definition
of chief officer)
Add:
; or (i) in the case of the Anti-Corruption Commission—the chairman
of the Anti-Corruption Commission; or
(j) in the case of the QCC—the Queensland crime
commissioner.
5 Subsection 5(1)
Insert:
commission member has the same meaning as in the Queensland
Act.
6 Subsection 5(1) (at the end of paragraph (c)
of the definition of eligible authority)
Add “or the QCC”.
7 Subsection 5(1) (at the end of the definition
of eligible authority)
Add:
; or (d) in the case of Western Australia—the Anti-Corruption
Commission.
8 Subsection 5(1)
Insert:
member of the Anti-Corruption Commission means a member
within the meaning of the Anti-Corruption Commission Act.
9 Subsection 5(1)
Insert:
member of the staff of the Anti-Corruption Commission
means:
(a) an officer of the Commission; or
(b) a seconded officer; or
(c) a special investigator;
within the meaning of the Anti-Corruption Commission Act.
10 Subsection 5(1)
Insert:
member of the staff of the QCC means a person who is an
authorised QCC officer within the meaning of the Queensland Act.
11 Subsection 5(1) (at the end of the definition
of officer)
Add:
; or (i) in the case of the Anti-Corruption Commission:
(i) a member of the Anti-Corruption Commission; or
(ii) a member of the staff of the Anti-Corruption Commission; or
(j) in the case of the QCC:
(i) a commission member; or
(ii) a member of the staff of the QCC.
12 Subsection 5(1) (at the end of the definition
of prescribed investigation)
Add:
; or (g) in the case of the Anti-Corruption Commission—means an
investigation that the Anti-Corruption Commission is conducting in the
performance of its functions under the Anti-Corruption Commission Act;
or
(h) in the case of the QCC—means an investigation that the QCC is
conducting in the performance of its functions under the Queensland
Act.
13 Subsection 5(1)
Insert:
QCC means the Queensland Crime Commission established by the
Queensland Act.
14 Subsection 5(1)
Insert:
Queensland Act means the Crime Commission Act 1997 of
Queensland.
15 Subsection 5(1)
Insert:
Queensland crime commissioner means the crime commissioner
within the meaning of the Queensland Act.
16 Subsection 5(1) (at the end of the definition
of relevant offence)
Add:
; or (i) in the case of the Anti-Corruption Commission—a prescribed
offence that is an offence against the law of Western Australia and to which a
prescribed investigation relates; or
(j) in the case of the QCC—a prescribed offence that is an offence
against the law of Queensland and to which a prescribed investigation
relates.
17 Paragraph 6A(1)(c)
Omit “or the Police Integrity Commission”, substitute “,
the Police Integrity Commission, the Anti-Corruption Commission or the
QCC”.
18 Paragraph 6L(2)(c)
After “Commission”, insert “or the QCC”.
19 At the end of subsection
6L(2)
Add:
; or (d) in the case of the Anti-Corruption Commission—a reference
to a proceeding by way of a prosecution for a prescribed offence:
(i) that is an offence against the law of Western Australia; and
(ii) to which a prescribed investigation relates or related.
20 At the end of subsection
39(2)
Add:
; or (h) in the case of the Anti-Corruption Commission:
(i) a member of the Anti-Corruption Commission; or
(ii) a member of the staff of the Anti-Corruption Commission; or
(i) in the case of the QCC:
(i) a commission member; or
(ii) a member of the staff of the QCC.
21 At the end of section 68
Add:
; and (g) if the information relates, or appears to relate, to a matter
that may give rise to an investigation by the Anti-Corruption
Commission—to the chairman of the Anti-Corruption Commission;
and
(h) if the information relates, or appears to relate, to a matter that may
give rise to an investigation by the QCC—to the Queensland crime
commissioner.
Telecommunications
(Interception) and Listening Device Amendment Act 1997
1 Section 3
Repeal the section.