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TELECOMMUNICATIONS INTERCEPTION LEGISLATION AMENDMENT ACT 2002 NO. 67, 2002 - SCHEDULE 2

- Amendment of Telecommunications (Interception) Act 1979 relating to new and defunct State bodies

1 Subsection 5(1) (paragraph (f) of the definition of certifying officer)

Omit "Criminal Justice Commission" (wherever occurring), substitute "Crime and Misconduct Commission".

2 Subsection 5(1) (subparagraph (h)(ii) of the definition of certifying officer)

Omit "or" (last occurring).

3 Subsection 5(1) (paragraph (i) of the definition of certifying officer)

Repeal the paragraph.

4 Subsection 5(1) (paragraph (f) of the definition of chief officer)

Omit "Criminal Justice Commission", substitute "Crime and Misconduct Commission".

5 Subsection 5(1) (paragraph (f) of the definition of chief officer)

Omit "Chairman of the Commission", substitute "Chairperson of the Commission".

6 Subsection 5(1) (paragraph (g) of the definition of chief officer)

Repeal the paragraph.

7 Subsection 5(1) (paragraph (j) of the definition of chief officer)

Repeal the paragraph, substitute:

(j)
in the case of the Royal Commission into Police Corruption—the person constituting that Royal Commission.

8 Subsection 5(1) (definition of commission member)

Repeal the definition.

9 Subsection 5(1) (paragraph (b) of the definition of Commissioner)

Omit "Criminal Justice Commission", substitute "Crime and Misconduct Commission".

10 Subsection 5(1) (paragraph (b) of the definition of Commissioner)

Omit "Chairman", substitute "Chairperson".

11 Subsection 5(1)

Insert:

"Crime and Misconduct Act" means the Crime and Misconduct Act 2001 of Queensland.

12 Subsection 5(1)

Insert:

"Crime and Misconduct Commission" means the Crime and Misconduct Commission of Queensland.

13 Subsection 5(1) (definition of Criminal Justice Act)

Repeal the definition.

14 Subsection 5(1) (definition of Criminal Justice Commission)

Repeal the definition.

15 Subsection 5(1) (paragraph (b) of the definition of eligible authority)

Omit "the Royal Commission into the New South Wales Police Service,".

16 Subsection 5(1) (paragraph (c) of the definition of eligible authority)

Omit "Criminal Justice Commission or the QCC", substitute "Crime and Misconduct Commission".

17 Subsection 5(1) (at the end of paragraph (d) of the definition of eligible authority)

Add "or the Royal Commission into Police Corruption".

18 Subsection 5(1) (definition of member of the staff of the QCC)

Repeal the definition.

19 Subsection 5(1) (paragraph (f) of the definition of officer)

Repeal the paragraph, substitute:

(f)
in the case of the Crime and Misconduct Commission—a commission officer (within the meaning of the Crime and Misconduct Act); or

20 Subsection 5(1) (paragraph (g) of the definition of officer)

Repeal the paragraph.

21 Subsection 5(1) (paragraph (j) of the definition of officer)

Repeal the paragraph, substitute:

(j)
in the case of the Royal Commission into Police Corruption:
(i)
the person constituting that Royal Commission; or
(ii)
a member of the staff of that Royal Commission.

22 Subsection 5(1) (paragraph (d) of the definition of prescribed investigation)

Omit "Criminal Justice Commission", substitute "Crime and Misconduct Commission".

23 Subsection 5(1) (paragraph (d) of the definition of prescribed investigation)

Omit "Criminal Justice Act", substitute "Crime and Misconduct Act".

24 Subsection 5(1) (paragraph (e) of the definition of prescribed investigation)

Repeal the paragraph.

25 Subsection 5(1) (paragraph (h) of the definition of prescribed investigation)

Repeal the paragraph, substitute:

(h)
in the case of the Royal Commission into Police Corruption—an investigation that the Royal Commission is conducting in the course of the inquiry it is commissioned to undertake.

26 Subsection 5(1) (definition of QCC)

Repeal the definition.

27 Subsection 5(1) (definition of Queensland Act)

Repeal the definition.

28 Subsection 5(1) (definition of Queensland crime commissioner)

Repeal the definition.

29 Subsection 5(1) (paragraph (f) of the definition of relevant offence)

Omit "Criminal Justice Commission", substitute "Crime and Misconduct Commission".

30 Subsection 5(1) (paragraph (g) of the definition of relevant offence)

Repeal the paragraph.

31 Subsection 5(1) (paragraph (j) of the definition of relevant offence)

Repeal the paragraph, substitute:

(j)
in the case of the Royal Commission into Police Corruption—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates.

32 Subsection 5(1)

Insert:

"Royal Commission into Police Corruption "means the Royal Commission established by the Governor of Western Australia by Commission dated 12 December 2001 to inquire into, and report on whether, since 1 January 1985, there has been corrupt conduct or criminal conduct by any Western Australian police officer.

33 Subsection 5(1) (definition of Royal Commission into the New South Wales Police Service)

Repeal the definition.

34 Paragraph 5B(i)

Repeal the paragraph, substitute:

(i)
a proceeding of the Royal Commission into Police Corruption; or

35 Subparagraph 6A(1)(c)(iii)

Omit "Criminal Justice Commission", substitute "Crime and Misconduct Commission".

36 Subparagraph 6A(1)(c)(iv)

Repeal the subparagraph.

37 Subparagraph 6A(1)(c)(ix)

Repeal the subparagraph, substitute:

(ix)
the Royal Commission into Police Corruption.

38 Paragraph 6L(2)(b)

Omit "the Royal Commission into the New South Wales Police Service,".

39 Paragraph 6L(2)(c)

Omit "Criminal Justice Commission or the QCC", substitute "Crime and Misconduct Commission".

40 Paragraph 6L(2)(d)

After "Anti-Corruption Commission", insert "or the Royal Commission into Police Corruption".

41 Paragraph 39(2)(f)

Repeal the paragraph, substitute:

(f)
in the case of the Crime and Misconduct Commission—a commission officer (within the meaning of the Crime and Misconduct Act); or

42 Subparagraph 39(2)(h)(ii)

Omit "or".

43 Paragraph 39(2)(i)

Repeal the paragraph.

44 Paragraph 68(e)

Repeal the paragraph.

45 Paragraph 68(h)

Repeal the paragraph, substitute:

(h)
if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Crime and Misconduct Commission—to the Commissioner of the Crime and Misconduct Commission; and
(i)
if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Royal Commission into Police Corruption—to the person constituting that Royal Commission.

46 Transitional

(1) Any action taken or any other thing done by, or in relation to, the Criminal Justice Commission of Queensland or the Queensland Crime Commission established by the Crime Commission Act 1997 of Queensland before the commencement of this Schedule under or for the purposes of the Telecommunications (Interception) Act 1979 is to be treated for the purposes of that Act after that commencement as if it had been taken or done by or in relation to the Crime and Misconduct Commission of Queensland.
(2) The Governor-General may make regulations in relation to transitional matters that:

(a)
relate to the operation of the Telecommunications (Interception) Act 1979 and arise out of the merging of the Criminal Justice Commission of Queensland and the Queensland Crime Commission established by the Crime Commission Act 1997 of Queensland to form the Crime and Misconduct Commission of Queensland; or
(b)
otherwise arise out of the enactment of this Schedule.

(3) Regulations made for the purposes of paragraph (2)(a) have effect despite subitem (1).



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