Telecommunications (Interception) Amendment Act 1999

No. 151, 1999

An Act to amend the law relating to telecommunications interception, and for related purposes

[Assented to 11 November 1999]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Telecommunications (Interception) Amendment Act 1999.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Anti‑Corruption Commission and Queensland Crime Commission

Telecommunications (Interception) Act 1979

1 Subsection 5(1)

Insert:

Anti‑Corruption Commission means the Anti‑Corruption Commission established by the Anti‑Corruption Commission Act.

2 Subsection 5(1)

Insert:

Anti‑Corruption Commission Act means the Anti‑Corruption Commission Act 1988 of Western Australia.

3 Subsection 5(1) (at the end of the definition of certifying officer)

Add:

; or (h) in the case of the Anti‑Corruption Commission:

(i) a member of the Anti‑Corruption Commission; or

(ii) a member of the staff of the Anti‑Corruption 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 1994 of Western Australia, and who is authorised in writing by the chairman of the Anti‑Corruption Commission for the purposes of this paragraph; or

(i) in the case of the QCC:

(i) a commission member; or

(ii) a member of the staff of the QCC who is a senior executive within the meaning of the Public Service Act 1996 of Queensland, or who holds an office or position at an equivalent level, and who is authorised in writing by the Queensland crime commissioner for the purposes of this paragraph.

4 Subsection 5(1) (at the end of the definition of chief officer)

Add:

; or (i) in the case of the Anti‑Corruption Commission—the chairman of the Anti‑Corruption Commission; or

(j) in the case of the QCC—the Queensland crime commissioner.

5 Subsection 5(1)

Insert:

commission member has the same meaning as in the Queensland Act.

6 Subsection 5(1) (at the end of paragraph (c) of the definition of eligible authority)

Add “or the QCC”.

7 Subsection 5(1) (at the end of the definition of eligible authority)

Add:

; or (d) in the case of Western Australia—the Anti‑Corruption Commission.

8 Subsection 5(1)

Insert:

member of the Anti‑Corruption Commission means a member within the meaning of the Anti‑Corruption Commission Act.

9 Subsection 5(1)

Insert:

member of the staff of the Anti‑Corruption Commission means:

(a) an officer of the Commission; or

(b) a seconded officer; or

within the meaning of the Anti‑Corruption Commission Act.

10 Subsection 5(1)

Insert:

member of the staff of the QCC means a person who is an authorised QCC officer within the meaning of the Queensland Act.

11 Subsection 5(1) (at the end of the definition of officer)

Add:

; or (i) in the case of the Anti‑Corruption Commission:

(i) a member of the Anti‑Corruption Commission; or

(ii) a member of the staff of the Anti‑Corruption Commission; or

(j) in the case of the QCC:

(i) a commission member; or

(ii) a member of the staff of the QCC.

12 Subsection 5(1) (at the end of the definition of prescribed investigation)

Add:

; or (g) in the case of the Anti‑Corruption Commission—means an investigation that the Anti‑Corruption Commission is conducting in the performance of its functions under the Anti‑Corruption Commission Act; or

(h) in the case of the QCC—means an investigation that the QCC is conducting in the performance of its functions under the Queensland Act.

13 Subsection 5(1)

Insert:

QCC means the Queensland Crime Commission established by the Queensland Act.

14 Subsection 5(1)

Insert:

Queensland Act means the Crime Commission Act 1997 of Queensland.

15 Subsection 5(1)

Insert:

Queensland crime commissioner means the crime commissioner within the meaning of the Queensland Act.

16 Subsection 5(1) (at the end of the definition of relevant offence)

Add:

; or (i) in the case of the Anti‑Corruption Commission—a prescribed offence that is an offence against the law of Western Australia and to which a prescribed investigation relates; or

(j) in the case of the QCC—a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates.

17 Paragraph 6A(1)(c)

Omit “or the Police Integrity Commission”, substitute “, the Police Integrity Commission, the Anti‑Corruption Commission or the QCC”.

18 Paragraph 6L(2)(c)

After “Commission”, insert “or the QCC”.

19 At the end of subsection 6L(2)

Add:

; or (d) in the case of the Anti‑Corruption Commission—a reference to a proceeding by way of a prosecution for a prescribed offence:

(i) that is an offence against the law of Western Australia; and

(ii) to which a prescribed investigation relates or related.

20 At the end of subsection 39(2)

Add:

; or (h) in the case of the Anti‑Corruption Commission:

(i) a member of the Anti‑Corruption Commission; or

(ii) a member of the staff of the Anti‑Corruption Commission; or

(i) in the case of the QCC:

(i) a commission member; or

(ii) a member of the staff of the QCC.

21 At the end of section 68

Add:

; and (g) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the Anti‑Corruption Commission—to the chairman of the Anti‑Corruption Commission; and

(h) if the information relates, or appears to relate, to a matter that may give rise to an investigation by the QCC—to the Queensland crime commissioner.

Schedule 2—Telecommunications Interception Policy Review

Telecommunications (Interception) and Listening Device Amendment Act 1997

1 Section 3

Repeal the section.

(170/99)

[Minister’s second reading speech made in—

House of Representatives on 2 September 1999

Senate on 14 October 1999]