Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1993 No. 103 of 1993 - SECT 17

17.(1) Sections 54 and 55 of the Principal Act are repealed and the following
sections are substituted: Entry into force of certain warrants

"54.(1) A warrant under section 45 or 46 issued to an agency other than the
Australian Federal Police does not come into force until:

   (a)  in any case, a copy of the warrant; or

   (b)  in the case of a warrant issued on a telephone application, a
        notification under paragraph 53(1)(b) of the issue of the warrant; is
        received by or on behalf of the Commissioner of Police.

"(2) A warrant under section 48 issued to an agency other than the Australian
Federal Police does not come into force until:

   (a)  in any case, the warrant; or

   (b)  in the case of a warrant issued on a telephone application, a
        notification under paragraph 53(1)(b) of the issue of the warrant; is
        received by or on behalf of the Commissioner of Police. Exercise of
        authority conferred by warrant

"55.(1) The authority conferred by a warrant issued to an agency under section
45 or 46 may only be exercised by an officer or staff member of the agency in
relation to whom an approval under subsection (3) is in force in relation to
the warrant.

"(2) The authority conferred by a warrant issued under section 48 may only be
exercised by a member of the Australian Federal Police in relation to whom an
approval under subsection (3) is in force in relation to the warrant.

"(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 in writing
officers or staff members of the agency, or classes of officers or staff
members of the agency, to exercise the authority conferred by warrants or
classes of warrants.

"(4) The chief officer of an agency may appoint in writing an officer of the
agency to be an approving officer for the purposes of subsection (3).

"(5) In spite of subsections (1) and (2), a designated officer may provide
technical assistance to an officer or staff member of an agency who is
exercising the authority conferred by a warrant.

"(6) A reference in subsection (5) to the provision of technical assistance
includes a reference to:

   (a)  the doing of any act involved in the interception of a communication
        under a warrant; and

   (b)  the doing of any act in connection with:

        (i)    the installation of equipment for the purposes of intercepting
               a communication in accordance with a warrant; or

        (ii)   the maintenance, testing or use of such equipment; or

        (iii)  the removal of such equipment.

"(7) The chief officer of an agency or a person who is an approving officer
for an agency under subsection (4) may, in writing, declare persons to be
designated officers for the purposes of subsection (5).

"(8) A declaration under subsection (7) may only be made in relation to a
person who is a staff member of an agency.

"(9) A person who is a designated officer of an agency ceases to be a
designated officer of that agency if the person ceases to be a staff member of
that agency.".

(2) An approval in force under subsection 55(2) of the Principal Act
immediately before the commencement of this section has effect after that
commencement as if it were an approval under subsection 55(3) of the Principal
Act, as amended by this Act.

(3) A declaration of a person as a designated technical officer in force under
subsection 55(6) of the Principal Act immediately before the commencement of
this section has effect after that commencement as a declaration of a
designated officer as if it had been made under subsection 55(7) of the
Principal Act, as amended by this Act.