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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
Interception Legislation Amendment Bill
2001
No. ,
2001
(Attorney-General)
A
Bill for an Act to amend the law relating to telecommunications interceptions,
and for related purposes
Contents
Customs Act
1901 3
Telecommunications (Interception) Act
1979 3
A Bill for an Act to amend the law relating to
telecommunications interceptions, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications Interception
Legislation Amendment Act 2001.
(1) This Act (other than items 16, 22, 26, 30 and 32 of
Schedule 1) commences on the day on which it receives the Royal
Assent.
(2) Items 16, 22, 26, 30 and 32 of Schedule 1 are taken
to have commenced on 22 June 2000.
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this Act is amended or repealed as set out in the applicable items in the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.
1 Subsection 219A(1) (paragraph (a) of the
definition of Judge)
Omit “Judge of the Federal Court of Australia”, substitute
“Judge of a court created by the Parliament”.
2 Subsection 219AA(1)
Omit “Judge of the Federal Court of Australia”, substitute
“Judge of a court created by the Parliament”.
Telecommunications
(Interception) Act 1979
3 Subsection 5(1) (paragraph (e) of the
definition of certifying officer)
Repeal the paragraph, substitute:
(e) in the case of the Independent Commission Against
Corruption:
(i) the Commissioner, or an Assistant Commissioner, of that Commission;
or
(ii) an officer of that 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 1988 of New South Wales and who is
authorised in writing by the Commissioner of that Commission for the purposes of
this paragraph; or
4 Subsection 5(1) (subparagraph (c)(iia) of
the definition of permitted purpose)
Omit “term of appointment or retirement”, substitute
“term of appointment, retirement or termination of
appointment”.
5 Subsection 5(1) (at the end of the definition
of permitted purpose)
Add:
; or (f) in the case of the Anti-Corruption Commission:
(i) an investigation under the Anti-Corruption Commission Act into alleged
corrupt conduct, criminal conduct, criminal involvement or serious improper
conduct by a police officer or other public officer; or
(ii) a report on such an investigation.
6 After paragraph 5B(e)
Insert:
(ea) a proceeding in so far as it relates to:
(i) a decision by the Commissioner of Police to terminate the employment
of an AFP employee or the appointment of a special member of the Australian
Federal Police; or
(ii) a decision by the Commissioner of a Police Force of a State to
terminate the appointment of an officer or member of staff of that Police
Force; or
7 After subparagraph
5D(2)(b)(iii)
Insert:
(iiia) serious arson; or
8 At the end of paragraph
5D(2)(b)
Add:
; or (viii) the production, publication, possession, supply or sale
of, or other dealing in, child pornography; or
(ix) consenting to or procuring the employment of a child, or employing a
child, in connection with child pornography.
9 Paragraph 5D(4)(c)
Repeal the paragraph, substitute:
(c) section 122 of the Confiscation Act 1997 of
Victoria;
Note: The heading to section 6DA is altered by omitting
“for use of listening devices”.
10 Section 6H
Omit “to in paragraphs 45(c) and (d), 45A(c) and (d), 46(1)(c) and
(d) or 46A(1)(c) and (d).”, substitute:
to in:
(a) in the case of a warrant under section 48—paragraphs 45(c)
and (d) or 46(1)(c) and (d), as the case requires; or
(b) in the case of any other Part VI warrant—paragraphs
45(c) and (d), 45A(c) and (d), 46(1)(c) and (d) or 46A(1)(c) and (d), as the
case requires.
11 Subparagraph 6K(c)(iii)
Repeal the subparagraph, substitute:
(iii) the Confiscation Act 1997 of Victoria;
12 After paragraph 6L(1)(e)
Insert:
(ea) in the case of the Australian Federal Police:
(i) a proceeding against an AFP employee in so far as the proceeding
relates to a decision by the Commissioner of Police to terminate the employment
of the employee; or
(ii) a proceeding against a special member of the Australian Federal
Police in so far as the proceeding relates to a decision by the Commissioner of
Police to terminate the appointment of the member; or
(eb) in the case of a Police Force of a State—a proceeding against
an officer or member of staff of that Police Force in so far as the
proceeding relates to a decision by the Commissioner of that Police Force to
terminate the appointment of the officer or member of staff; or
13 Part V (heading)
Repeal the heading, substitute:
14 Part VI (heading)
Repeal the heading, substitute:
15 Paragraph 33(a)
After “warrants”, insert “(other than warrants issued
under section 48)”.
16 Section 47
Omit “Part VI warrant”, substitute “warrant issued
under section 45, 45A, 46 or 46A”.
17 Subsection 48(1)
Repeal the subsection, substitute:
(1) If an agency could apply for a warrant under section 45 or 46
(authorising interceptions of communications to or from a service), it may
instead apply for a warrant under this section that also authorises entry on
premises. The agency does so by including in the application that would
otherwise have been made under section 45 or 46 a request that the warrant
also authorise entry on specified premises.
18 Paragraph 48(3)(a)
After “applies”, insert “under this
section”.
19 At the end of paragraph
48(3)(a)
Add “and”.
20 Paragraph 48(3)(b)
Omit “the application includes a request that the warrant authorise
entry on specified premises and”.
21 At the end of paragraph
48(3)(b)
Add “and”.
22 Paragraph 48(3)(c)
Omit “section 45, 45A, 46 or 46A empowers”, substitute
“section 45 or 46 would empower”.
23 Paragraph 48(3)(c)
Omit “a warrant on the application”, substitute “a
warrant if the application had been made under either of those
sections”.
24 After paragraph 48(3)(c)
Insert:
(ca) Division 3 has been complied with in relation to the
application; and
25 Subsection 48(4)
After “warrant”, insert “under this
section”.
26 Subsection 48(6)
Repeal the subsection.
27 Subsection 49(7)
Omit “mentioned in paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as
the case may be.”, substitute:
mentioned in:
(a) in the case of a warrant issued under section 48—paragraph
45(d) or 46(1)(d), as the case requires; or
(b) otherwise—paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as the
case requires.
28 Section 54
Omit “Part VI warrant”, substitute “warrant issued
under section 45, 45A, 46 or 46A”.
29 At the end of
section 54
Add:
(2) A warrant issued to the Australian Federal Police or under
section 48 comes into force when it is issued.
30 Paragraph 58(1)(b)
After “warrant”, insert “(other than a warrant issued
under section 48)”.
31 Paragraph 60(1)(a)
After “warrant”, insert “(other than a warrant issued
under section 48)”.
32 Subsection 61(3)
Omit “Part VI warrant”, substitute “warrant issued
under section 45, 45A, 46 or 46A”.
33 At the end of subparagraph
68(c)(i)
Add “or”.
34 After subparagraph
68(c)(ii)
Insert:
(iia) an act or omission by an AFP employee or special member of the
Australian Federal Police that may give rise to a decision by the Commissioner
of Police to terminate the employment of the employee or the appointment of the
special member; or
35 At the end of subparagraph
68(d)(i)
Add “or”.
36 After subparagraph
68(d)(ii)
Insert:
(iia) an act or omission by an officer or member of staff of the Police
Force of a State that may give rise to a decision by the Commissioner of that
Police Force to terminate the appointment of the officer or member of staff;
or
37 Paragraph 81A(2)(g)
Omit “mentioned in paragraph 45(d), 45A(1)(d), 46(1)(d) or 46A(1)(d),
as the case may be.”, substitute:
mentioned in:
(i) in the case of a warrant issued under section 48—paragraph
45(d) or 46(1)(d), as the case requires; or
(ii) otherwise—paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as
the case requires.
38 Paragraph 81C(2)(g)
Omit “mentioned in paragraph 45(d), paragraph 45A(1)(d), 46(1)(d) or
46A(1)(d), as the case may be.”, substitute:
mentioned in:
(i) in the case of a warrant issued under section 48—paragraph
45(d) or 46(1)(d), as the case requires; or
(ii) otherwise—paragraph 45(d), 45A(d), 46(1)(d) or 46A(1)(d), as
the case requires.