Victorian Numbered Acts

INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION AMENDMENT (INVESTIGATIVE FUNCTIONS) ACT 2012 (NO. 13 OF 2012) - SECT 15

After Part 2A of the Telecommunications (Interception) (State Provisions) Act 1988 insert —

" PART 2B—FUNCTIONS OF THE IBAC

        9F     Documents connected with issue of warrants to be kept

The IBAC must cause to be kept in the records of the IBAC—

        (a)     each warrant issued to the IBAC; and

        (b)     a copy of each notification by the IBAC under section 59A of the Commonwealth Act; and

        (c)     each instrument revoking a warrant issued to the IBAC; and

        (d)     a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer; and

        (e)     a copy of each authorisation by the IBAC under section 66(2) of the Commonwealth Act; and

        (f)     particulars of any telephone application for a Part 2–5 warrant made by the IBAC.

        9G     Other records to be kept in connection with interceptions

    (1)     The IBAC must cause—

        (a)     in relation to each application by the IBAC for a Part 2–5 warrant, a statement as to whether—

              (i)     the application was withdrawn or refused; or

              (ii)     a warrant was issued on the application; and

        (b)     in relation to each Part 2–5 warrant whose authority is exercised by the IBAC, particulars of—

              (i)     the warrant; and

              (ii)     the day on which, and the time at which, each interception under the warrant began; and

              (iii)     the duration of each such interception; and

              (iv)     the name of the person who carried out each such interception; and

              (v)     in relation to a named person warrant, each service to or from which communications have been intercepted under the warrant; and

        (c)     in relation to each restricted record that has at any time been in the possession of the IBAC, particulars of—

              (i)     if the restricted record is a record obtained by an interception under a warrant issued to the IBAC, that warrant; and

              (ii)     each occasion when the restricted record came (whether by its making or otherwise) to be in the possession of the IBAC; and

              (iii)     each occasion (if any) when the restricted record ceased (whether by its destruction or otherwise) to be in the possession of the IBAC; and

              (iv)     each agency or other body (if any) from or to which, or other person (if any) from or to whom, the IBAC received or supplied the restricted record; and

        (d)     particulars of each use made by the IBAC of lawfully intercepted information; and

        (e)     particulars of each communication of lawfully intercepted information by an IBAC Officer to a person or body other than an IBAC Officer; and

        (f)     particulars of each occasion when, to the knowledge of an IBAC Officer, lawfully intercepted information was given in evidence in a relevant proceeding in relation to the IBAC—

to be recorded in writing or by means of a computer as soon as practicable after the happening of the events to which the particulars relate or the statement relates, as the case may be.

    (2)     The IBAC must cause to be kept in the records of the IBAC each record that the IBAC has caused to be made under this section.

        9H     Keeping and destruction of restricted records

    (1)     The IBAC must cause a restricted record that is in the possession of the IBAC to be kept, except when it is being otherwise dealt with in accordance with the Commonwealth Act and this Act, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it.

    (2)     The IBAC must cause a restricted record of a kind referred to in subsection (1) to be destroyed forthwith if the IBAC is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the IBAC.

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