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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Interception) Legislation Amendment Bill
2000
No. ,
2000
(Attorney-General)
A
Bill for an Act to amend the Telecommunications (Interception) Act 1979,
and for related purposes
ISBN: 0642 428808
Contents
Telecommunications (Interception) Act
1979 3
Telecommunications (Interception) Act
1979 6
Part
1—Amendments 22
Australian Security Intelligence Organisation Act
1979 22
Telecommunications (Interception) Act
1979 22
Part 2—Transitional
provisions 31
A Bill for an Act to amend the Telecommunications
(Interception) Act 1979, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Interception)
Legislation Amendment Act 2000.
(1) Subject to subsection (2), this Act commences on the day on which it
receives the Royal Assent.
(2) If items 58 to 64 of Schedule 2 to the Australian Federal Police
Legislation Amendment Act 1999 commence on or after the day on which this
Act receives the Royal Assent, then the amendments made by items 2 and 3 of
Schedule 3 to this Act commence immediately after the commencement of items 58
to 64 of Schedule 2 to the Australian Federal Police Legislation Amendment
Act 1999.
Subject to section 2, 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Act is amended or repealed as set out in the applicable items in the Schedule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) (after paragraph (h) of the
definition of chief officer)
Insert:
(ha) in the case of the Inspector of the Police Integrity
Commission—the Inspector of the Police Integrity Commission; or
2 Subsection 5(1) (paragraph (b) of the
definition of eligible authority)
Omit “or the Police Integrity Commission”, substitute “,
the Police Integrity Commission or the Inspector of the Police Integrity
Commission”.
3 Subsection 5(1)
Insert:
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.
4 Subsection 5(1)
Insert:
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.
5 Subsection 5(1) (after paragraph (h) of the
definition of officer)
Insert:
(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
6 Subsection 5(1) (after paragraph (f) of the
definition of prescribed investigation)
Insert:
(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
7 Subsection 5(1) (after paragraph (h) of the
definition of relevant offence)
Insert:
(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
8 After paragraph 5B(k)
Insert:
(ka) a proceeding of the Inspector of the Police Integrity Commission;
or
9 Paragraph 6A(1)(c)
Repeal the paragraph, substitute:
(c) in the case of the following eligible authorities or agencies, a
prescribed investigation, in so far as it relates to that offence:
(i) the Authority;
(ii) the Crime Commission;
(iii) the Criminal Justice Commission;
(iv) the Royal Commission into the New South Wales Police
Service;
(v) the Independent Commission Against Corruption;
(vi) the Police Integrity Commission;
(vii) the Inspector of the Police Integrity Commission;
(viii) the Anti-Corruption Commission;
(ix) the QCC.
10 Paragraph 6L(2)(b)
Omit “or the Police Integrity Commission”, substitute “,
the Police Integrity Commission or the Inspector of the Police Integrity
Commission”.
11 After paragraph 68(f)
Insert:
(fa) if the information relates, or appears to relate, to a matter that
may give rise to an investigation by the Inspector of the Police Integrity
Commission—to the Inspector of the Police Integrity Commission;
and
Telecommunications
(Interception) Act 1979
1 Subsection 5(1)
Insert:
foreign communication means a communication sent or received
outside Australia.
2 Subsection 5(1)
Insert:
foreign communications warrant means a warrant
issued or to be issued under section 11C.
3 Subsection 5(1)
Insert:
foreign organisation means an organisation (including a
government) outside Australia.
4 Subsection 5(1)
Insert:
named person warrant means a warrant issued or
to be issued under section 9A, 11B, 45A or 46A.
5 Subsection 5(1)
Insert:
Part III warrant means a warrant issued or to be issued under
Part III.
6 Subsection 5(1)
Insert:
telecommunications service warrant means a warrant issued or
to be issued under section 9, 11A, 45, 46 or 48.
7 Subsections 9(3), (4), (5) and
(6)
Repeal the subsections.
Note: The heading to section 9 is replaced by the heading
“Issue of telecommunications service warrants by
Attorney-General”.
8 After section 9
Insert:
(1) Where, upon receipt by the Attorney-General of a request by the
Director-General of Security for the issue of a warrant under this section in
respect of a person, the Attorney-General is satisfied that:
(a) the person is engaged in, or reasonably suspected by the
Director-General of Security of being engaged in, or of being likely to engage
in, activities prejudicial to security; and
(b) the interception by the Organisation of communications made to or from
telecommunications services used by the person will, or is likely to, assist the
Organisation in carrying out its function of obtaining intelligence relating to
security; and
(c) relying on a telecommunications service warrant to obtain the
intelligence would be ineffective;
the Attorney-General may, by warrant under his or her hand, authorise
persons approved under section 12 in respect of the warrant to intercept,
subject to any conditions or restrictions that are specified in the warrant,
communications that are being made to or from any telecommunications service
that the person is using, or is likely to use, and such a warrant may authorise
entry on any premises specified in the warrant for the purpose of installing,
maintaining, using or recovering any equipment used to intercept such
communications.
(2) A request by the Director-General of Security for the issue of a
warrant in respect of a person:
(a) must include the name or names by which the person is known;
and
(b) must include details (to the extent these are known to the
Director-General of Security) sufficient to identify the telecommunications
services the person is using, or is likely to use; and
(c) must specify the facts and other grounds on which the Director-General
of Security considers it necessary that the warrant should be issued, including
the grounds on which the Director-General of Security suspects the person of
being engaged in, or of being likely to engage in, activities prejudicial to
security.
Request must be forwarded in writing
(1) Where the Director-General of Security makes a request, otherwise than
in writing, for the issue of a warrant under section 9 or 9A, he or she must
forthwith forward to the Attorney-General a request in writing for the
warrant.
Warrants authorising entry
(2) Where a warrant under section 9 or 9A authorises entry on premises,
the warrant:
(a) must state whether entry is authorised to be made at any time of the
day or night or only during specified hours; and
(b) may, if the Attorney-General thinks fit—provide that entry may
be made without permission first being sought or demand first being made, and
may authorise measures that he or she is satisfied are necessary for that
purpose.
Length of time warrant remains in force
(3) A warrant under section 9 or 9A must specify the period for which it
is to remain in force. The period must not exceed 6 months, and the warrant may
be revoked by the Attorney-General at any time before the end of the specified
period.
Issue of further warrant
(4) Subsection (3) does not prevent the issue of a further warrant in
respect of a telecommunications service or a person (as the case may be) in
relation to which or whom a warrant has, or warrants have, previously been
issued.
9 Subsections 11A(3) to (9)
Repeal the subsections.
Note: The heading to section 11A is replaced by the heading
“Telecommunications service warrant for collection of foreign
intelligence”.
10 At the end of section
11A
Insert:
Note: Warrants are obtained under this section for the
purpose of performing the function set out in paragraph 17(1)(e) of the
Australian Security Intelligence Organisation Act 1979.
11 After section 11A
Insert:
(1) Where:
(a) the Director-General of Security gives a notice in writing to the
Attorney-General requesting the Attorney-General to issue a warrant under this
section authorising persons approved under section 12 in respect of the warrant
to do acts or things referred to in subsection 9(1) in relation to
communications that are being made to or from any telecommunications service
that a person or foreign organisation is using, or is likely to use, for the
purpose of obtaining foreign intelligence relating to a matter specified in the
notice; and
(b) the Attorney-General is satisfied, on the basis of advice received
from the relevant Minister, that:
(i) the obtaining of foreign intelligence relating to that matter is
important in relation to the defence of the Commonwealth or to the conduct of
the Commonwealth’s international affairs; and
(ii) it is necessary to intercept the communications of the person or
foreign organisation in order to obtain the intelligence referred to in
paragraph (a); and
(iii) relying on a telecommunications service warrant to obtain the
intelligence would be ineffective;
the Attorney-General may, by warrant under his or her hand, authorise
persons approved under section 12 in respect of the warrant to intercept,
subject to any conditions or restrictions that are specified in the warrant,
communications that are being made to or from any telecommunications service
that the person or foreign organisation is using, or is likely to use, and such
a warrant may authorise entry on any premises specified in the warrant for the
purpose of installing, maintaining, using or recovering any equipment used to
intercept such communications.
(2) A request by the Director-General of Security for the issue of a
warrant in respect of a person or foreign organisation:
(a) must include the name or names by which the person or organisation is
known; and
(b) must include details (to the extent these are known to the
Director-General of Security) sufficient to identify the telecommunications
services the person or foreign organisation is using, or is likely to use;
and
(c) must specify the facts and other grounds on which the Director-General
of Security considers it necessary that the warrant should be issued.
Note: Warrants are obtained under this section for the
purpose of performing the function set out in paragraph 17(1)(e) of the
Australian Security Intelligence Organisation Act 1979.
(1) Where:
(a) the Director-General of Security gives a notice in writing to the
Attorney-General requesting the Attorney-General to issue a warrant under this
section authorising persons approved under section 12 in respect of the warrant
to intercept foreign communications for the purpose of obtaining foreign
intelligence relating to a matter specified in the notice; and
(b) the Attorney-General is satisfied, on the basis of advice received
from the relevant Minister, that:
(i) the collection of foreign intelligence relating to that matter is
important in relation to the defence of the Commonwealth or to the conduct of
the Commonwealth’s international affairs; and
(ii) it is necessary to intercept foreign communications in order to
collect the intelligence referred to in paragraph (a); and
(iii) relying on a telecommunications service warrant or a named person
warrant to obtain the intelligence would be ineffective;
the Attorney-General may, by warrant under his or her hand, authorise
persons approved under section 12 in respect of the warrant, subject to any
conditions or restrictions that are specified in the warrant, to intercept
foreign communications for the purpose of obtaining that intelligence.
(2) A warrant under subsection (1) must not authorise the interception of
any communications except foreign communications.
(3) A request by the Director-General of Security for the issue of a
warrant under this section must:
(a) include a description that is sufficient to identify the part of the
telecommunications system that is likely to carry the foreign communications
whose interception is sought; and
(b) specify the facts and other grounds on which the Director-General of
Security considers it necessary that the warrant should be issued, including the
reasons the information cannot be collected by other means.
(4) A warrant under this section must include:
(a) a notice addressed to the carrier who operates the relevant
telecommunications system, giving a description that is sufficient to identify
the part of the telecommunications system that is covered by the warrant; and
(b) a notice addressed to the Director-General of Security stating that
the warrant authorises the obtaining of foreign intelligence only for purposes
relating to the matter specified in the notice requesting the issue of the
warrant.
(5) Where:
(a) a communication is intercepted under a warrant under this section;
and
(b) the Director-General of Security is satisfied that the communication
is not relevant to the purposes specified in the warrant;
the Director-General of Security must cause any record or copy of the
communication to be destroyed.
Note: Warrants are obtained under this section for the
purpose of performing the function set out in paragraph 17(1)(e) of the
Australian Security Intelligence Organisation Act 1979.
Warrants authorising entry
(1) Where a warrant under section 11A or 11B authorises entry on premises,
the warrant:
(a) must state whether entry is authorised to be made at any time of the
day or night or only during specified hours; and
(b) may, if the Attorney-General thinks fit—provide that entry may
be made without permission first being sought or demand first being made, and
may authorise measures that he or she is satisfied are necessary for that
purpose.
Length of time warrant remains in force
(2) A warrant under section 11A, 11B or 11C must specify the period for
which it is to remain in force. The period must not exceed 6 months, and the
warrant may be revoked by the Attorney-General at any time before the end of the
specified period.
Issue of further warrant
(3) Subsection (2) does not prevent the issue of a further warrant in
respect of a telecommunications service, a person or a part of a
telecommunications system (as the case may be) in relation to which or whom a
warrant has, or warrants have, previously been issued.
Part VIIB of the Crimes Act
(4) Nothing in Part VIIB of the Crimes Act 1914 is to be taken to
prohibit the doing of anything under, or for the purposes of, a warrant under
section 11A, 11B or 11C.
Note: Part VIIB of the Crimes Act 1914 deals with
offences relating to telecommunications.
Information about Australian citizens or permanent
residents
(5) The Director-General must not request the issue of a warrant under
section 11A, 11B or 11C for the purpose of collecting information concerning an
Australian citizen or permanent resident.
(6) The reference in subsection 11A(1), 11B(1) and 11C(1) to
conditions or restrictions includes a reference to conditions or
restrictions designed to minimise:
(a) the obtaining by the Organisation, pursuant to a warrant issued under
section 11A, 11B or 11C (as the case may be), of information that is not
publicly available concerning Australian citizens or permanent residents;
or
(b) the retention of information of that kind.
12 At the end of section 14
Add:
Note: See subsection 11C(5) for additional rules about the
destruction of material obtained under a warrant issued under section
11C.
13 Paragraph 15(1A)(a)
After “warrant”, insert “(other than a warrant under
section 11C)”.
14 At the end of subsection
15(1A)
Add:
Note: Subsection 15(7) deals with cases where the
Director-General of Security is informed of the issue of a warrant under section
11C.
15 Subsection 15(7)
Repeal the subsection, substitute:
(7) Where:
(a) the Director-General of Security is informed under paragraph (1)(a) of
the issue of a warrant under section 11C; and
(b) it is proposed, under the warrant, to intercept communications made
while they are passing over a telecommunications system operated by a
carrier;
the Director-General of Security must cause:
(c) the Managing Director of that carrier to be informed forthwith of the
issue of the warrant; and
(d) where, under paragraph (1)(b), the Director-General of Security
receives the warrant—a copy of the part of the warrant referred to in
paragraph 11C(4)(a), certified in writing by a certifying person, to be a true
copy of the warrant, to be given as soon as practicable to the Managing Director
of that carrier.
16 After section 15
Insert:
(1) Where:
(a) the Managing Director of a carrier has been given a copy of a warrant
under section 9A or 11B; and
(b) it is proposed, under the warrant, to intercept communications made to
or from a telecommunications service operated by the carrier; and
(c) the service was not identified in the warrant;
a certifying person must cause the Managing Director of the carrier to be
given, as soon as practicable, a description in writing of the service
sufficient to identify it.
(2) Where:
(a) the Managing Director of a carrier has been given a description of a
telecommunications service to or from which communications are proposed to be
intercepted under a warrant under section 9A or 11B; and
(b) the Director-General of Security is satisfied that the interception of
communications to or from that service is no longer required;
a certifying person must cause:
(c) the Managing Director to be informed of the fact immediately;
and
(d) confirmation in writing of the fact to be given as soon as practicable
to the Managing Director.
17 Section 17
Omit “warrant issued under section 9, 10 or 11A”, substitute
“Part III warrant”.
18 At the end of section 17
Add:
(2) A report under subsection (1) in relation to a warrant issued under
section 9A or 11B must include details of the telecommunications service to
or from which each intercepted communication was made.
19 At the end of subsection
39(1)
Add “or a person”.
20 Subsection 42(4)
Omit “The”, substitute “If the application is for a
telecommunications service warrant, the”.
21 After subsection 42(4)
Insert:
(4A) If the application is for a named person warrant, the affidavit must
set out:
(a) the name or names by which the person is known; and
(b) details (to the extent these are known to the chief officer)
sufficient to identify the telecommunications services the person is using, or
is likely to use; and
(c) the number of previous applications (if any) for warrants that the
agency has made and that related to the person or to a service that the person
has used; and
(d) the number of warrants (if any) previously issued on such
applications; and
(e) particulars of the use made by the agency of information obtained by
interceptions under such warrants.
22 After section 45
Insert:
Where an agency applies to an eligible Judge or nominated AAT member for
a warrant in respect of a person and the Judge or nominated AAT member is
satisfied, on the basis of the information given to the Judge or nominated AAT
member under this Part in connection with the application, that:
(a) Division 3 has been complied with in relation to the application;
and
(b) in the case of a telephone application—because of urgent
circumstances, it was necessary to make the application by telephone;
and
(c) there are reasonable grounds for suspecting that a particular person
is using, or is likely to use, more than one telecommunications service;
and
(d) information that would be likely to be obtained by intercepting under
a warrant communications made to or from any telecommunications service that the
person is using, or is likely to use, would be likely to assist in connection
with the investigation by the agency of a class 1 offence, or class 1 offences,
in which the person is involved; and
(e) having regard to:
(i) the extent to which methods (including the use of a warrant issued
under section 45) of investigating the offence or offences that do not involve
the use of a warrant issued under this section in relation to the person have
been used by, or are available to, the agency; and
(ii) how much of the information referred to in paragraph (d) would be
likely to be obtained by such methods; and
(iii) how much the use of such methods would be likely to prejudice the
investigation by the agency of the offence or offences, whether because of a
delay in obtaining some or all of that information or for any other
reason;
some or all of that information cannot appropriately be obtained by such
methods;
the Judge or nominated AAT member may, in his or her discretion, issue a
warrant authorising interceptions of communications made to or from any
telecommunications service that the person is using, or is likely to
use.
Note: The heading to section 45 is altered by inserting
“telecommunications service” before
“warrant”.
Insert:
(1) Where an agency applies to an eligible Judge or nominated AAT member
for a warrant in respect of a person and the Judge or nominated AAT member is
satisfied, on the basis of the information given to the Judge or nominated AAT
member under this Part in connection with the application, that:
(a) Division 3 has been complied with in relation to the application;
and
(b) in the case of a telephone application—because of urgent
circumstances, it was necessary to make the application by telephone;
and
(c) there are reasonable grounds for suspecting that a particular person
is using, or is likely to use, more than one telecommunications service;
and
(d) information that would be likely to be obtained by intercepting under
a warrant communications made to or from any telecommunications service that the
person is using, or is likely to use, would be likely to assist in connection
with the investigation by the agency of a class 2 offence, or class 2 offences,
in which the person is involved; and
(e) having regard to the matters referred to in subsection (2), and to no
other matters, the Judge or nominated AAT member should issue a warrant
authorising such communications to be intercepted;
the Judge or nominated AAT member may, in his or her discretion, issue such
a warrant.
(2) The matters to which the Judge or nominated AAT member must have
regard are:
(a) how much the privacy of any person or persons would be likely to be
interfered with by intercepting under a warrant communications made to or from
any telecommunications service used, or likely to be used, by the person in
respect of whom the warrant is sought; and
(b) the gravity of the conduct constituting the offence or offences being
investigated; and
(c) how much the information referred to in paragraph (1)(d) would be
likely to assist in connection with the investigation by the agency of the
offence or offences; and
(d) to what extent methods (including the use of a warrant issued under
section 46) of investigating the offence or offences that do not involve the use
of a warrant issued under this section in relation to the person have been used
by, or are available to, the agency; and
(e) how much the use of such methods would be likely to assist in
connection with the investigation by the agency of the offence or offences;
and
(f) how much the use of such methods would be likely to prejudice the
investigation by the agency of the offence or offences, whether because of delay
or for any other reason.
Note: The heading to section 46 is altered by inserting
“telecommunications service” before
“warrant”.
24 At the end of section 48
Add:
(6) In this section, references to a service or a
telecommunications service are references to:
(a) in the case of an application for a warrant under section 45 or
46—the telecommunications service in respect of which the warrant is
sought; and
(b) in the case of an application for a warrant under section 45A or
46A—any telecommunications service that is used, or is likely to be used,
by the person in respect of whom the warrant is sought.
25 After subsection 49(2)
Insert:
(2A) Without limiting subsection (2), a named person warrant may state
that the warrant does not authorise the interception of communications made to
or from a specified telecommunications service.
26 At the end of section 60
Add:
(4) Where:
(a) the Managing Director of a carrier has been informed, under subsection
(1), of the issue of a named person warrant; and
(b) it is proposed, under the warrant, to intercept communications made to
or from a telecommunications service operated by a carrier; and
(c) the service was not identified in the warrant;
the chief officer must cause the Managing Director of the carrier to be
given, as soon as practicable, a description in writing of the service
sufficient to identify it.
(5) Where:
(a) the Managing Director of a carrier has been informed, under subsection
(1) of the issue of a named person warrant; and
(b) the chief officer of the agency to which the warrant was issued is
satisfied that the interception of communications made to or from a particular
service is no longer required;
the chief officer must cause:
(c) the Managing Director to be informed forthwith of the fact;
and
(d) confirmation in writing of the fact to be given as soon as practicable
to the Managing Director.
27 At the end of subparagraphs 81(1)(c)(i) and
(ii)
Add “and”.
28 At the end of paragraph
81(1)(c)
Add:
and (v) in relation to a named person warrant—each service to or
from which communications have been intercepted under the warrant; and
29 At the end of paragraph
81(2)(ba)
Add:
(v) in relation to a named person warrant—each service to or from
which communications have been intercepted under the warrant; and
30 After subsection 81(2)
Insert:
(2A) If a Part VI warrant is a named person warrant, the particulars
referred to in subparagraphs (1)(c)(ii) and (2)(ba)(ii) must indicate the
service in respect of which each interception occurred.
31 Paragraphs 81A(2)(d) and
(e)
Repeal the paragraphs, substitute:
(d) in the case of a telecommunications service warrant:
(i) the telecommunications service to which the warrant relates;
and
(ii) the name of the person specified in the warrant as a person using or
likely to use the telecommunications service; and
(e) in the case of a named person warrant:
(i) the name of the person to whom the warrant relates; and
(ii) each telecommunications service that is specified in the warrant, or
in relation to which interceptions authorised by the warrant have occurred;
and
32 Paragraphs 81C(2)(d) and
(e)
Repeal the paragraphs, substitute:
(d) in the case of a telecommunications service warrant:
(i) the telecommunications service to which the warrant related;
and
(ii) the name of the person specified in the warrant as a person using or
likely to use the telecommunications service; and
(e) in the case of a named person warrant:
(i) the name of the person to whom the warrant related; and
(ii) each telecommunications service that is specified in the warrant, or
in relation to which interceptions authorised by the warrant have occurred;
and
33 Subsection 94(2)
After “3 months after a”, insert “telecommunications
service”.
34 After section 94A
Insert:
(1) The chief officer of an agency to which a named person warrant has
been issued must give to the Minister a written report about the action (if any)
that has taken place under the warrant.
(2) The chief officer must give a report in relation to the warrant within
3 months after the warrant ceases to be in force.
(3) The report must contain the following information in relation to each
interception:
(a) the service to or from which the intercepted communication was
made (being a service that the person named in the warrant used, or was likely
to use);
(b) the reasons it would not have been effective to intercept the
communications under a telecommunications service warrant;
(c) information about the use made by the agency of information obtained
by each interception;
(d) information about the communication of such information to persons
other than officers of the agency;
(e) the number of arrests that have been, or are likely to be, made on the
basis of such information;
(f) an assessment of the usefulness of information obtained by each
interception.
Australian
Security Intelligence Organisation Act 1979
1 Paragraph 17(1)(e)
After “11A”, insert “, 11B or 11C”.
Telecommunications
(Interception) Act 1979
2 Subsection 5(1) (paragraph (c) of the
definition of certifying officer)
Omit “or an”, substitute “, an”.
3 Subsection 5(1) (at the end of paragraph (c)
of the definition of certifying officer)
Add “, or a senior executive AFP employee who is a member of the
Australian Federal Police, and who is authorised in writing by the Commissioner
for the purposes of this paragraph”.
4 Subsection 5(1)
Insert:
certifying person means any of the following:
(a) the Director-General of Security;
(b) a Deputy Director-General of Security;
(c) a senior officer of the Organisation (within the meaning of section 24
of the Australian Security Intelligence Organisation Act 1979) who is
authorised in writing by the Director-General of Security for the purposes of
subsections 15(1A) and (1B).
5 Subsection 5(1)
Insert:
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.
6 Subsection 5(1) (definition of
renewal)
After “telecommunications service”, insert “or
person”.
7 Subsection 5(1) (paragraph (a) of the
definition of renewal)
After “service”, insert “or person”.
8 Subsection 5(1) (definition of renewal
application)
After “telecommunications service”, insert “or
person”.
9 Subsection 5(1) (definition of renewal
application)
After “that service”, insert “or person”.
10 Subsection 5(1) (definition of restricted
record)
After “a record”, insert “other than a copy, that
was”.
11 Subsection 5(1) (definition of section 11A
information)
Repeal the definition.
12 At the end of section 5B (before the
note)
Add:
; or (n) a proceeding by way of a review of a decision to grant such a
bail application.
13 Section 5B (note)
Omit “and (m)”, substitute “, (m) and
(n)”.
14 Section 6H
Omit “in respect of a telecommunications service”.
15 Section 6H
Omit “or 46(1)(c) and (d)”, substitute “, 45A(c) and (d),
46(1)(c) and (d) or 46A(1)(c) and (d)”.
16 At the end of Part IA
Add:
For the purposes of this Act, a service may be identified by:
(a) a number assigned to it from time to time; or
(b) by any other unique identifying factor.
17 Paragraph 10(1)(a)
After “telecommunications service”, insert “or under
section 9A in respect of a person”.
18 Paragraph 10(1)(b)
After “telecommunications service”, insert “or under
section 9A in respect of a person (as the case requires)”.
19 Paragraph 10(1)(c)
After “telecommunications service”, insert “or person (as
the case requires)”.
20 Subparagraph
10(1)(d)(ii)
Omit “by the Organisation of communications made to or from the
telecommunications service”, substitute “to which the request
relates”.
21 Subsection 10(1)
After “service” (last occurring), insert “, or
communications of that person (as the case requires),”.
22 Subsection 12(1)
Omit “relevant”, substitute “Part III”.
23 Subsection 12(2)
Repeal the subsection.
24 Section 13
Omit “warrant under section 9, 10 or 11A”, substitute
“Part III warrant”.
25 Paragraph 14(a)
Omit “warrant issued under section 9, 10 or 11A”, substitute
“Part III warrant”.
26 Subsection 15(1)
Omit all the words from and including “a warrant under section
9” to and including “such a warrant”, insert “or revokes
a Part III warrant”.
27 Paragraph 15(1A)(d)
Omit “the Director-General, or a Deputy Director-General of
Security,”, substitute “a certifying person”.
28 Paragraph 15(1B)(d)
Omit “the Director-General, or a Deputy Director-General of
Security,”, substitute “a certifying person”.
29 Subparagraph
35(2)(b)(ii)
Omit “; and”, substitute “.”.
30 Paragraph 35(2)(c)
Repeal the paragraph.
31 Section 47
Omit “warrant under section 45 or 46”, substitute “Part
VI warrant”.
Note: The heading to section 47 is altered by omitting
“under section 45 or 46”.
32 Paragraph 48(3)(c)
Omit “or 46”, substitute “, 45A, 46 or
46A”.
33 Subsection 49(5)
After “service”, insert “, or a person,”.
34 Subsection 49(7)
Omit “or 46(1)(d)”, substitute “, 45A(d), 46(1)(d) or
46A(1)(d)”.
35 At the end of section 52
Add:
(3) Where:
(a) a warrant has been issued to an agency (the first
agency); and
(b) another agency (the second agency) is exercising
authority under that warrant; and
(c) the warrant is revoked under subsection (1);
the chief officer of the first agency must cause:
(d) the chief officer of the second agency to be informed forthwith of the
revocation; and
(e) a copy of the instrument of revocation to be given as soon as
practicable to the chief officer of the second agency.
36 Paragraph 53(1)(c)
Repeal the paragraph.
37 Paragraph 53(1)(d)
Omit “warrant issued under section 45 or 46”, substitute
“Part VI warrant”.
38 Subsection 54(1)
Omit “warrant under section 45 or 46”, substitute “Part
VI warrant”.
39 Subsection 54(2)
Repeal the subsection.
40 Subsection 55(1)
Omit “warrant issued to an agency under section 45 or 46”,
substitute “Part VI warrant”.
41 Subsection 55(1)
Omit “the agency”, substitute “an
agency”.
42 Subsection 55(2)
Repeal the subsection.
43 Subsection 55(3)
Repeal the subsection, substitute:
(3) The chief officer of an agency, or an officer of an agency in relation
to whom an appointment under subsection (4) is in force, may approve any of the
following to exercise the authority conferred by warrants, or classes of
warrants, issued to the agency:
(a) officers or staff members of the agency;
(b) classes of officers or staff members of the agency;
(c) officers or staff members of another agency;
(d) classes of officers or staff members of another agency.
44 Subsection 56(1)
After “necessary”, insert “(including informing the chief
officer of any other agency that is exercising authority under the warrant of
the proposed revocation)”.
45 At the end of subsection
56(2)
Add “after causing the chief officer of any other agency that is
exercising authority under the warrant to be informed forthwith that the
certifying officer proposes to revoke the warrant”.
46 After paragraph 57(1)(a)
Insert:
(aa) cause the chief officer of any other agency that is exercising
authority under the warrant to be informed forthwith of the proposed revocation
of the warrant; and
47 Subsection 57(2)
Omit “after causing the Commissioner of Police to be informed of the
proposed revocation”, substitute:
after:
(a) causing the Commissioner of Police to be informed of the proposed
revocation; and
(b) causing the chief officer of any other agency that is exercising
authority under the warrant to be informed forthwith that the chief officer
proposes to revoke the warrant.
48 After paragraph 57(3)(a)
Insert:
(aa) the chief officer of any other agency that is exercising authority
under the warrant to be informed forthwith of the revocation; and
49 At the end of section 58
Add:
(2) If the chief officer of an agency is informed under subsection 56(2)
or section 57 of the revocation or proposed revocation of a warrant, the chief
officer of the agency shall forthwith take such steps as are necessary to ensure
that interceptions of communications under the warrant by the agency are
discontinued.
50 Subsection 61(3)
Omit “warrant issued under section 45 or 46”, substitute
“Part VI warrant”.
51 Paragraph 61(4)(a)
Omit “warrant issued to the agency under section 45, 46 or 48”,
substitute “Part VI warrant”.
52 Subsections 64(1) and
(2)
Omit “section 11A information”, substitute “foreign
intelligence information”.
53 Subsection 65(1)
Omit “(c)”, substitute “(b)”.
54 Subsection 65(2)
Omit “section 11A information”, substitute “foreign
intelligence information”.
55 Paragraphs 65A(a) and
67(a)
Omit “section 11A information”, substitute “foreign
intelligence information”.
56 Subsection 74(1)
Omit “section 11A information”, substitute “foreign
intelligence information”.
57 Subsection 75(1)
After “11A”, insert “, 11B or 11C”.
58 After section 75
Insert:
If information is given in evidence (whether before or after the
commencement of this section) in an exempt proceeding under section 74 or 75,
that information, or any part of that information, may later be given in
evidence in any proceeding.
Note: This section was inserted as a response to the
decision of the Court of Appeal of New South Wales in Wood v Beves (1997)
92 A Crim R 209.
59 Paragraphs 77(1)(a) and
77(1)(b)
After “75,” insert “75A,”.
60 Subsection 77(2)
After “11A”, insert “, 11B or 11C”.
61 Subsection 77(2)
Omit “or 74”, substitute “, 74 or 75A”.
62 Subsections 77(3) and
(4)
After “74,” insert “75A,”.
63 Paragraph 80(1)(d)
Omit “warrant issued to another agency under section 45 or 46”,
substitute “Part VI warrant issued to another agency”.
64 Paragraph 80(1)(da)
Repeal the paragraph.
65 At the end of paragraphs 81(1)(a), (b), (e)
and (f)
Add “and”.
66 Subsection 81A(2)
Omit “warrant issued under section 45, 46 or 48”, substitute
“Part VI warrant”.
67 Paragraph 81A(2)(g)
Omit “or 46(1)(d)”, substitute “, 45A(1)(d), 46(1)(d) or
46A(1)(d)”.
68 Paragraph 81C(2)(g)
Omit “or paragraph 46(1)(d)”, substitute “, paragraph
45A(1)(d), 46(1)(d) or 46A(1)(d)”.
69 Paragraphs 81C(3)(a) and
(4)(a)
Omit “warrant was issued under section 45, 46 or 48”,
substitute “Part VI warrant”.
70 Section 97
Omit “or 46”, substitute “, 45A, 46 or
46A”.
71 After paragraph 103(ab)
Insert:
(ac) for:
(i) each Commonwealth agency; and
(ii) each eligible authority of a State, where the eligible authority was
an agency at any time during the year to which the report relates;
the number (if any) of interceptions carried out on behalf of each other
such Commonwealth agency or eligible authority; and
Part
2—Transitional
provisions
72 Transitional provision for operation of
section 55 of the Telecommunications (Interception) Act
1979
If:
(a) before the commencement of items 40, 41 and 42, a member of the
Australian Federal Police was exercising authority conferred by a warrant issued
under section 48 of the Telecommunications (Interception) Act 1979;
and
(b) on the commencement of those items the warrant has not expired or been
revoked; and
(c) the authority conferred by the warrant is exercised after the
commencement of those items;
then, despite the amendments made by those items, the authority conferred
by the warrant must continue to be exercised as if those amendments had not been
made.