‘class 2 general offence’ means a general offence that is an offence of any of the following kinds:

(a) an offence against:'

(i) section 32, 33, 34, 37, 42, 43, 44, 72, 73, 73a, 74 or 88 of the Crimes Act 1914; or

(ii) the Secret Commissions Act 1905; or

(iii) section 13, 14, 15, 16 or 20 of the Crimes (Offences against the Government) Act 1989 of the Australian Capital Territory;

(b) an offence (other than a class 1 general offence or an offence of a kind referred to in paragraph (a)) punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the particular conduct constituting the offence involved, involves, or would involve, as the case requires:

(i) loss of a person’s life or serious risk of loss of a person’s life; or

(ii) serious personal injury or serious risk of serious personal injury; or

(iii) serious damage to property in circumstances endangering the safety of a person; or

(iv) trafficking in narcotic drugs;

(i) aiding, abetting, counselling or procuring the commission of; or

(ii) being in any way, whether by act or omission and whether directly or indirectly, knowingly concerned in, or party to, the commission of; or

(iii) conspiring to commit;

an offence of a kind referred to in paragraph (a) or (b);

‘customs narcotics offence’ means an offence punishable as provided by section 235 of the Customs Act 1901;

‘designated technical officer’ means a person declared under section 12e to be a designated technical officer;

‘eligible Judge’ means a Judge in relation to whom a consent under subsection 12d (1), and a nomination under subsection 12d (2), are in force;

‘general offence’ means:

(a) an offence against a law of the Commonwealth that is not a customs narcotics offence; or

(b) an offence against a law of the Australian Capital Territory;

‘general offence inquiries’ means:

(a) inquiries in relation to a general offence that has been committed or is reasonably suspected of having been committed; or

(b) if there are circumstances reasonably giving rise to the suspicion that a general offence is likely to be committed— inquiries in relation to the likely commission of the offence;

‘listening device’ means any instrument, device or equipment capable of being used, whether alone or in conjunction with any other instrument, device or equipment, to record or listen to spoken words;

‘official’ means:

(a) a member; or

(b) a designated technical officer;

‘premises’ includes:

(a) any structure, building, aircraft, ship or vehicle; and

(b) any land (whether or not enclosed or built on); and

Application of Division

“12c. (1) Nothing in this Division applies in relation to the use, in circumstances prescribed for the purposes of this subsection, of a listening device under a warrant issued under a law of a State or Territory, being a law prescribed for the purposes of this subsection.

“(2) Nothing in this Division, or in a warrant under this Division, applies in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception) Act 1979, constitute the interception (whether or not in contravention of subsection 7 (1) of that Act) of a communication passing over a telecommunications system within the meaning of that Act.

Judges eligible to issue warrants for use of listening devices

“12d. (1) A Judge of a court created by the Parliament may, by writing, consent to be nominated by the Minister under subsection (2).

“(2) The Minister may, by writing, nominate a Judge in relation to whom a consent is in force under subsection (1) to be a Judge who may issue warrants under section 12g.

“(3) An eligible Judge has, in relation to the performance of a function or exercise of a power conferred on an eligible Judge by this Division, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.

Appointment of designated technical officers

“12e. (1) The Commissioner or a member appointed, in writing, by the Commissioner for the purposes of this subsection may, by writing, declare:

(a) a staff member to be a designated technical officer; or

(b) a class of staff members to be designated technical officers.

“(2) A person who is a designated technical officer stops being a designated technical officer if the person stops being a staff member.

Use of listening devices in relation to general offences

“12f. (1) It is unlawful for an official to use, for the purposes of general offence inquiries that are being made by members, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless:

(a) the official is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard; or

(b) the official listens to or records the words with the consent, express or implied, of a person who is permitted by paragraph (a) to listen to or record the words; or

(c) if the general offence concerned is a class 1 general offence or a class 2 general offence—the official does so in accordance with a warrant under section 12g and the provisions of this Division.

“(2) It is unlawful for a person acting by arrangement with an official to use, for the purposes of general offence inquiries that are being made by members, a listening device for the purpose of listening to or recording words while they are being spoken by a person unless the first-mentioned person is the speaker of the words or is a person, or is included in a class or group of persons, by whom the speaker of the words intends, or should reasonably expect, the words to be heard.

“(3) It is the duty of the Commissioner to take reasonable steps to ensure that subsections (1) and (2) are not contravened by officials.

“(4) Despite any law of a State or Territory:

(a) an official does not act unlawfully merely because the official uses a listening device as mentioned in subsection (1) in circumstances to which paragraph (1) (a), (b) or (c) is applicable; and

(b) a person acting by arrangement with an official does not act unlawfully merely because the person uses a listening device as mentioned in subsection (2) in circumstances in which the use of the device is not declared to be unlawful by that subsection.

Warrants for use of listening devices

“12g. (1) A member may apply to an eligible Judge for a warrant under this section authorising officials to use a listening device in relation to a particular person or particular premises.

“(2) If:

(a) the application is for a warrant authorising officials to use a listening device in relation to a particular person; and

(b) the Judge is satisfied, by information on oath:

(i) that the person has committed, or is suspected on reasonable grounds of having committed, or of being likely to commit, a class 1 general offence or a class 2 general offence; and

(ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to the person would be likely to assist members in, or in relation to, inquiries that are being made in relation to the commission, or likely commission, of the offence by the person; and

(iii) that, having regard to the matters mentioned in subsection some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6) (a); and

(iv) if the offence is a class 2 general offence—that, having regard to the matters mentioned in subsection (7) and no other matters, such a warrant should be issued;

the Judge may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by, to, or in the presence of, the person.

“(3) The warrant may authorise:

(a) officials to enter any premises in which the person is, or is likely to be, for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device; and

(b) the use of a listening device for the purpose of listening to or recording words spoken by, to, or in the presence of, the person anywhere in Australia.

“(4) If:

(a) the application is for a warrant authorising officials to use a listening device in relation to particular premises (which may be premises anywhere in Australia); and

(b) the Judge is satisfied, by information on oath:

(i) that there are reasonable grounds for suspecting that the premises have been, or are likely to be, used in relation to the commission, or likely commission, of a class 1 general offence or a class 2 general offence; and

(ii) that information that would be likely to be obtained by the use by officials of a listening device to listen to or record words spoken by or to persons in the premises would be likely to assist members in, or in relation to, inquiries that are being made in relation to the use, or likely use, of the premises in relation to the commission, or likely commission, of the offence; and

(iii) that, having regard to the matters mentioned in subsection (6) , some or all of that information cannot appropriately be obtained by methods of a kind referred to in paragraph (6) (a); and

(iv) if the offence is a class 2 general offence—that, having regard to the matters mentioned in subsection (7) and no other matters, such a warrant should be issued;

the Judge may issue a warrant authorising officials to use a listening device for the purpose of listening to or recording words spoken by or to any person while the person is in the premises.

“(5) The warrant may authorise officials to enter the premises for the purpose of installing, maintaining, testing, using or recovering a listening device or a part of a listening device.

“(6) For the purposes of subparagraphs (2) (b) (iii) and (4) (b) (iii), the matters to which a Judge is to have regard are as follows:

(a) the extent to which methods of conducting inquiries in relation to the offence that do not involve the use by officials of a listening device have been used by, or are available to, members;

(b) how much information of a kind mentioned in subparagraph (2) (b) (ii) or (4) (b) (ii), as the case may be, would be likely to be obtained by such methods;

(c) how much the use of such methods would be likely to prejudice inquiries in relation to the offence, whether because of a delay in obtaining some or all of that information or for any other reason.

“(7) For the purposes of subparagraphs (2) (b) (iv) and (4) (b) (iv), the matters to which a Judge is to have regard are as follows:

(a) how much the privacy of any person would be likely to be interfered with by the use by officials of a listening device in relation to the person or premises concerned;

(b) the gravity of the conduct constituting the offence;

(c) to what extent information of a kind mentioned in subparagraph (2) (b) (ii) or (4) (b) (ii), as the case may be, would be likely to assist in connection with inquiries in relation to the offence.

“(8) A warrant under this section must be:

(a) signed by the Judge issuing the warrant; and

(b) in accordance with the appropriate prescribed form.

“(9) A warrant under this section may be expressed to be subject to conditions or restrictions specified in the warrant.

“(10) If a warrant under this section authorises officials to enter premises:

(a) the warrant must state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

(b) the warrant may specify that entry may be made without permission first being sought or demand first being made, and may authorise measures that the Judge is satisfied are necessary to effect the entry.

“(11) A warrant under this section must specify a period (not exceeding 6 months) for which it is to remain in force.

“(12) Subsection (11) is not to be construed as preventing the issue of any further warrant.

Information to be given in support of application for warrant

“12h. Information given to an eligible Judge for the purposes of subsection 12g (2) or (4):

(a) may be given orally or otherwise; and

(b) must include the facts and other grounds on which the applicant considers it necessary that the warrant should be issued.

Exercise of powers under warrant

“12j. (1) The authority conferred by a warrant under section 12g is to be exercised only by the Commissioner or other members approved, for the purposes of the warrant or warrants under that section, by the Commissioner or a member appointed, in writing, by the Commissioner for the purposes of this subsection.

“(2) Despite subsection (1), a designated technical officer may provide technical assistance to a member who is exercising the authority conferred by the warrant.

“(3) A reference in subsection (2) to the provision of technical assistance includes a reference to the doing of any act in relation to installing, maintaining, testing, using or recovering a listening device, or a part of a listening device, in accordance with the warrant.

Discontinuance of action before expiration of warrant

“12k. If, before a warrant under section 12g expires, the Commissioner is satisfied that the grounds on which the warrant was issued no longer exist, the Commissioner must immediately:

(a) take such steps as are necessary to ensure that action authorised by the warrant (other than the recovery of a listening device or a part of a listening device) is discontinued; and

(b) revoke the warrant by signed instrument.

Application of certain provisions of Customs Act

“12l. Sections 219f to 219k (inclusive) of the Customs Act 1901 apply for the purposes of this Division as if:

(a) references to a warrant under section 219b, or under Division 1a of Part XII, of that Act were instead references to a warrant under section 12g; and

(b) reference to narcotics inquiries were instead references to general offence inquiries; and

(d) references to an instrument issued under section 219e of that Act were instead references to an instrument issued under section 12k; and

(e) for the purposes of the provisions of subsections 219f (1), (2) and (3) (other than paragraph (2) (a)) of that Act, the Australian Federal Police were the only Commonwealth law enforcement agency within the meaning of that Act; and

(f) any other necessary changes were made.”.

(2) Until the commencement of section 6 of the Australian Federal Police Legislation Amendment Act (No. 2) 1989, section 12E of the Principal Act as amended by this Act has effect as if references to a staff member were references to a person referred to in section 16 of the Principal Act.

PART 3—AMENDMENT OF THE AUSTRALIAN SECURITY INTELLIGENCE ORGANIZATION ACT 1979

Principal Act

6. In this Part, “Principal Act” means the Australian Security Intelligence Organization Act 19792.

7. After section 93 of the Principal Act the following section is inserted:

Application of Privacy Act

“93a. (1) The Privacy Act 1988 does not apply in relation to an act done, or a practice engaged in, by an agency to the extent that the act or practice involves the disclosure of personal information to the Organization.

“(2) For the purposes of this section, an agency is to be taken to have done an act, or engaged in a practice, if the agency would, for the purposes of the Privacy Act 1988, be taken to have done the act, or engaged in the practice.

“(3) In this section:

‘agency’ has the same meaning as in the Privacy Act 1988;

‘personal information’ has the same meaning as in the Privacy Act 1988.”.

PART 4—AMENDMENTS OF THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981

Principal Act

8. In this Part, “Principal Act” means the Complaints (Australian Federal Police) Act 19813.

Charges in respect of breaches of discipline

9. Section 67 of the Principal Act is amended:

(a) by omitting subsection (4);

(b) by omitting from subsection (7) all the words from and including “by way of” (first occurring) to and including “Police or”.

Amendments relating to cautions and admonitions

10. The Principal Act is further amended as set out in Schedule 1.

PART 5—AMENDMENTS OF THE CRIMES ACT 1914

Principal Act

11. In this Part, “Principal Act” means the Crimes Act 19144.

Equipment used for unlawful purposes etc.

12. Section 85zk of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

“(2) Subsection (1) does not apply in relation to equipment if the connection by a person of the equipment to a telecommunications network would not be in contravention of section 114 of the Telecommunications Act 1989.”.

13. After section 85zk of the Principal Act the following sections are inserted in Part VIIb:

Unauthorised call-switching devices prohibited

“85zka. (1) A person shall not:

(a) manufacture;

(b) advertise, display or offer for sale;

(d) use, operate or possess;

equipment that the person knows is equipment of a kind that, when connected to a telecommunications network operated by Telecom, enables 2 persons each of whom, by means of different telecommunications services supplied by Telecom, calls that equipment (whether or not either of the persons is aware that the call the person is making is a call to such equipment), to send communications to, and receive communications from, each other, over that network during those calls.

Penalty: Imprisonment for 5 years.

“(2) Subsection (1) does not apply to equipment:

(a) if the connection of the equipment to a telecommunications network by a person would not be in contravention of section 114 of the Telecommunications Act 1989; or

(b) if the equipment is used, or intended for use, by a carrier in connection with a telecommunications service or the operation or maintenance of a telecommunications network.

“(3) For the purposes of establishing a contravention of subsection (1), if, having regard to:

(a) a person’s abilities, experience, qualifications and other attributes; and

(b) all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that equipment is equipment of the kind referred to in that subsection, the person shall be taken to have known that the equipment is equipment of that kind.

Interception devices prohibited

“85zkb. (1) A person shall not:

(a) manufacture;

(b) advertise, display or offer for sale;

(d) possess;

an apparatus or device (whether in an assembled or unassembled form) that the person knows is an apparatus or device of a kind that is capable of being used to enable a person to intercept a communication in contravention of subsection 7(1) of the Telecommunications (Interception) Act 1979.

Penalty: Imprisonment for 5 years.

“(2) Subsection (1) does not apply:

(a) to an apparatus or device unless the apparatus or device could reasonably be regarded as having been designed for the purpose, or for purposes including the purpose, of using it in connection with an act that, if not done in any of the circumstances referred to in subsection 7 (2) of the Telecommunications (Interception) Act 1979, would contravene subsection 7 (1) of that Act;

(b) to the possession of an apparatus or device by a person in the course of the person’s duties relating to interception of communications passing over a telecommunications system (being a telecommunications system within the meaning of the Telecommunications (Interception) Act 1979), that is interception of communications otherwise than in contravention of subsection 7 (1) of that Act; or

(i) manufacture;

(ii) advertising, displaying or offering for sale;

(iii) sale; or

(iv) possession;

of an apparatus or device of the kind referred to in subsection (1) of this section in circumstances specified in regulations made for the purposes of this subsection.

“(3) For the purposes of establishing a contravention of subsection (1), if, having regard to:

(a) a person’s abilities, experience, qualifications and other attributes; and

(b) all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that an apparatus or device is an apparatus or device of a kind referred to in that subsection, the person shall be taken to have known that the apparatus or device is an apparatus or device of that kind.”.

PART 6—AMENDMENTS OF THE CRIMES (AIRCRAFT) ACT 1963

Principal Act

14. In this Part, “Principal Act” means the Crimes (Aircraft) Act 19635.

Prosecutions

15. Section 21 of the Principal Act is amended by adding at the end the following subsection:

“(4) A reference in this section to an offence against this Act includes a reference to an offence against:

(a) section 6, 7 or 7a of the Crimes Act 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against this Act.”.

Jurisdiction of courts

16. Section 22 of the Principal Act is amended by omitting from subsection (2) all the words after “paragraphs” and substituting “39 (2) (a) and (c) of the Judiciary Act 1903.”..

Offences against Parts III and IIIa

17. Section 22a of the Principal Act is amended:

(a) by omitting from subsections (1) and (2) “section 18” and substituting “Part III or IIIa”;

(b) by adding at the end the following subsection:

“(5) A reference in this section to an offence against Part III or IIIa, or an offence against section 18, includes a reference to an offence against:

(a) section 6 or 7 of the Crimes Act 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against Part III or IIIa, or an offence against section 18, as the case may be.”.

PART 7—AMENDMENTS OF THE CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978

Principal Act

18. In this Part, “Principal Act” means the Crimes (Foreign Incursions and Recruitment) Act 19786.

19. After section 9 of the Principal Act the following section is inserted:

Mode of trial

“9a. (1) Subject to subsection (2), a prosecution for an offence against this Act shall be on indictment.

“(2) Where the law of a State or Territory makes provision for a person who pleads guilty to. a charge in proceedings for the person’s commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.

“(3) A reference in this section to an offence against this Act includes a reference to an offence against:

(a) section 6 or 7 of the Crimes Act 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against this Act.”.

Consent of Attorney-General required for prosecutions

20. Section 10 of the Principal Act is amended:

(a) by inserting in subsection (1) ”', or for the summary trial of a person for an offence against this Act,” after “against this Act”;

(b) by adding at the end the following subsection:

“(4) A reference in this section to an offence against this Act includes a reference to an offence against:

(a) section 6, 7 or 7a of the Crimes Act 1914; or

(b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against this Act.”.

Certificates of Ministers

21. Section 11 of the Principal Act is amended by inserting in subsection (4) “an offence against” after “that relates to”.

PART 8—AMENDMENT OF THE CRIMES (INTERNATIONALLY

PROTECTED PERSONS) ACT 1976

Principal Act

22. In this Part, “Principal Act” means the Crimes (Internationally Protected Persons) Act 19767.

Offences

23. Section 8 of the Principal Act is amended by inserting in subsection (6) “or for an offence against section 7 of the Crimes Act 1914 that is related to such an offence,” after “against subsection (1),”.

PART 9—AMENDMENT OF THE CRIMES (PROTECTION OF AIRCRAFT) ACT 1973

Principal Act

24. In this Part, “Principal Act” means the Crimes (Protection of Aircraft) Act 19738.

25. After section 16 of the Principal Act the following section is inserted:

Mode of trial

“16a. (1) Subject to subsection (2), a prosecution for an offence against this Act shall be on indictment.

“(2) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the person’s commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.”.

PART 10—AMENDMENT OF THE CUSTOMS ACT 1901

Principal Act

26. In this Part, “Principal Act” means the Customs Act 19019.

Interpretation

27. Section 219a of the Principal Act is amended:

(a) by inserting “in relation to whom a consent under subsection 219aa (1), and a nomination under subsection 219aa (2), are in force” after “Territory” in paragraph (a) of the definition of “Judge” in subsection (1);

(b) by omitting from subsection (1) the definition of “prescribed offence” and substituting the following definition:

“ ‘prescribed offence’ means:

(a) a narcotics offence; or

(b) an offence (other than a narcotics offence) against a law of the Commonwealth or of a State or Territory punishable by imprisonment for life or for a period, or maximum period, of not less than 3 years;”;

“ ‘premises’ includes:

(a) any structure, building, aircraft or ship, or a vehicle or other carriage; and

(b) any land (whether or not enclosed or built on); and

28. After section 219a of the Principal Act the following sections are inserted:

Certain Judges eligible to issue warrants for use of listening devices

“219aa. (1) A Judge of the Federal Court of Australia or of the Supreme Court of the Australian Capital Territory may, by writing, consent to be nominated by the Minister under subsection (2).

“(2) The Minister may, by writing, nominate a Judge of a court referred to in subsection (1) in relation to whom a consent is in force under that subsection to be a Judge for the purposes of this Division.

Immunity of Judges

“219ab. A Judge has, in relation to the performance of a function or exercise of a power conferred on a Judge by this Division, the same protection and immunity as a Justice of the High Court has in relation to proceedings in the High Court.”.

Use of listening devices

29. Section 219b of the Principal Act is amended by omitting from subsection (12) “the interception of a communication passing over a telecommunications system controlled by the Australian Telecommunications Corporation” and substituting “the interception (whether or not in contravention of subsection 7 (1) of that Act) of a communication passing over a telecommunications system within the meaning of that Act”.

Certain information not to be disclosed

30. Section 219f of the Principal Act is amended:

(a) by omitting from subsection (1) “$1,000 or imprisonment for 2 years” and substituting “Imprisonment for 3 years”;

(b) by omitting paragraph (2) (a) and substituting the following paragraph:

“(a) where the information relates, or appears to relate, to the commission, or intended commission, of a prescribed offence—

the information may be communicated, for the purpose of the investigation of the offence, to:

(i) an official of that agency; or

(ii) an official of the other Commonwealth law enforcement agency; or

(iii) an officer of the Police Force of a State or Territory; and”.

Certain records to be destroyed

31. Section 219g of the Principal Act is amended by omitting subparagraph (b) (i) and substituting the following subparagraph:

“(i) in, or in connection with, a relevant proceeding; or”.

PART 11—AMENDMENTS OF THE EVIDENCE ACT 1905

Principal Act

32. In this Part, “Principal Act” means the Evidence Act 190510.

33. After section 7w of the Principal Act the following sections are inserted:

Other proceedings

“7wa. (1) Where, under subsection 7w (1), a superior court makes an order in relation to a committal proceeding, it may include in the order an order that evidence taken outside Australia under the first-mentioned order may, subject to this section, be tendered in a proceeding (in this section called a ‘subsequent proceeding’) that is:

(a) a criminal proceeding that results from the committal proceeding; or

(b) a related civil proceeding.

“(2) Where, under subsection 7v (1) or 7w (1), a superior court makes an order in relation to a criminal proceeding (other than a committal proceeding), it may include in the order an order that evidence taken outside Australia under the first-mentioned order may, subject to this section, be tendered in a proceeding (in this section called a ‘subsequent proceeding’) that is a related civil proceeding.

“(3) Subject to subsection (4), where a superior court that made an order under subsection 7v (1) or 7w (1) in relation to a committal proceeding, or a criminal proceeding other than a committal proceeding, included in the order an order under this section, the court before which a subsequent proceeding takes place may, on such terms (if any) as it thinks fit, permit a party to the subsequent proceeding to tender as evidence in the subsequent proceeding the evidence of a person taken in an examination held as a result of the order made under subsection 7v (1) or 7w (1) or a record of that evidence.

“(4) Evidence of a person so tendered is not admissible if:

(a) it appears to the court’s satisfaction at the hearing of the subsequent proceeding that the person is in Australia and is able to attend the hearing; or

(b) the evidence would not have been admissible had it been given or produced at the hearing of the subsequent proceeding.

“(5) Where it is in the interests of justice to do so, the court before which the subsequent proceeding takes place may, in its discretion, exclude from the subsequent proceeding evidence taken in an examination held as a result of an order made under subsection 7v (1) or 7w (1), even if it is otherwise admissible.

“(6) The powers vested in a court under subsection (1) or (2) may be exercised in chambers.

“(7) In this section, unless the contrary intention appears:

‘related civil proceedings’, in relation to criminal proceedings, means any civil proceedings arising from the same subject matter from which the criminal proceedings arose, and, in particular, includes:

(a) proceedings under the Proceeds of Crime Act 1987;

(b) proceedings under the Customs Act 1901; and

Variation or revocation of orders

“7wb. (1) A superior court may vary or revoke an order made by the court under section 7v or 7w.

“(2) The power to vary an order made under section 7v or 7w includes the power to:

(a) include in the order an order under section 7wa; or

(b) vary or revoke an order under section 7wa that is included in the first-mentioned order.

“(3) Where an order under section 7v or 7w that includes an order under section 7wa is revoked, the order under section 7wa shall be taken to have been revoked at the same time.”.

34. After Part IIIb of the Principal Act the following Part is inserted:

“PART IIIc—TAKING OF EVIDENCE FOR PROCEEDINGS IN FOREIGN COURTS

Interpretation

“7za. In this Part:

‘Australia’ includes the external Territories;

‘authority’ means any person or body authorised to take or receive evidence:

(a) whether on behalf of a court or otherwise; or

(b) whether or not the person or body is empowered to require the answering of questions or the production of documents;

‘Federal Court’ means the Federal Court of Australia;

‘foreign court’ means any court, or authority, of a foreign country or a part of such a country.

Application of Part

“7zb. (1) This Part applies in relation to any proceedings before an Australian court or authority that are proceedings:

(a) for the taking of evidence for use in proceedings instituted in or before a foreign court; and

(b) relating to a civil or commercial matter.

“(2) The power of the Attorney-General to make an order under section 7zd may only be exercised in relation to proceedings referred to in subsection (1).

Exercise of powers under this Part

“7zc. The Attorney-General shall not exercise a power under this Part unless he or she is satisfied that it is desirable that the power be exercised for the purpose of preventing prejudice to Australia’s security.

Orders

“7zd. (1) The Attorney-General may make a written order prohibiting one or more of the following acts:

(a) the production of a document;

(b) the production of a thing;

“(2) An order under this section may:

(a) be directed to a particular person, to a class of persons or to persons generally;

(b) relate to particular proceedings, to a class of proceedings or to proceedings generally; and

(c) relate to a particular document, thing, evidence or information or to a class of documents, things, evidence or information.

Copies etc. of documents

“7ze. (1) Where the Attorney-General makes an order under section 7zd that has effect in relation to a document, the order also has effect in relation to any copy, extract or summary of that document that is in Australia as if the copy, extract or summary were the document.

“(2) Subsection (1) applies to a copy, extract or summary that is in existence at any time while the order concerned remains in force.

Intervention

“7zf. (1) The Attorney-General may, on behalf of the Commonwealth, intervene in proceedings to which this Part applies for the purpose of preventing a contravention of an order made under section 7zd.

“(2) Where the Attorney-General intervenes in proceedings before a court under this section:

(a) a certificate by the Attorney-General stating that the doing of an act prohibited by an order made under section 7zd would be prejudicial to Australia’s security is conclusive evidence of that fact; and

(b) the court may, in the proceedings, make such order as to costs against the Commonwealth as the court thinks fit.

Injunctions

“7zg. Where:

(a) there is in force an order made under section 7zd that prohibits the production of a document or thing or the giving of evidence or information; and

(b) the Federal Court is satisfied, on application by the Attorney- General, that there are reasonable grounds for believing that the person having possession or control of the document, thing, evidence or information might contravene the order;

the Federal Court may grant an injunction restraining that person from dealing with the document, thing, evidence or information in a manner specified in the injunction or restraining that person from dealing with the document, thing, evidence or information except in a manner specified in the injunction.”.

PART 12—AMENDMENTS OF THE FEDERAL COURT OF AUSTRALIA ACT 1976

Principal Act

35. In this Part, “Principal Act” means the Federal Court of Australia Act 1976”.

36. After section 30 of the Principal Act the following section is inserted in Division 2 of Part III:

Reference appeals

“30a. (1) Where:

(a) a person has been tried on an indictment in the Supreme Court of the Australian Capital Territory; and

(b) the person has been acquitted in respect of the whole or any part of the indictment;

the Attorney-General or the Director of Public Prosecutions may, within 6 weeks after the conclusion of the trial, or within such longer period as the Court, on sufficient cause being shown, allows, submit for the determination of a Full Court any question of law arising at or in connection with the trial.

“(2) The Full Court shall hear and determine the question.

“(3) A determination made by the Court under this section does not invalidate or affect any verdict or decision given at the trial.

“(4) Any person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory is entitled to be heard in the proceedings to determine the question.

“(5) If it appears that a person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory does not propose to be represented in the proceedings to determine the question, the Attorney-General or Director of Public Prosecutions, as the case requires, shall instruct counsel to argue the question on the person’s behalf.

“(6) A person shall not publish:

(a) a report of a submission made under subsection (1); or

(b) a report of proceedings under this section that discloses the name or identity of any person who was charged at the trial in, or affected by the decision of, the Supreme Court of the Australian Capital Territory.

“(7) A contravention of subsection (6) is punishable as a contempt of the Court.”.

Rules of Court

37. Section 59 of the Principal Act is amended by inserting after paragraph (2) (c) the following paragraph:

“(ca) the manner in which a submission may be made under subsection 30a (1), and the content of such a submission;”.

PART 13—AMENDMENT OF THE JUDICIARY ACT 1903

Principal Act

38. In this Part, “Principal Act” means the Judiciary Act 190312.

Australian Government Solicitor

39. Section 55e of the Principal Act is amended by inserting after subsection (9) the following subsection:

“(9a) In the application of subsection (9) in relation to matters that are not the subject of litigation, that subsection does not prevent the

Secretary to the Attorney-General’s Department, or a person authorised under subsection (4), from acting for 2 or more parties in the same matter.”.

PART 14—AMENDMENTS OF THE PRIVACY ACT 1988

Principal Act

40. In this Part, “Principal Act” means the Privacy Act 198813.

Interpretation

41. Section 6 of the Principal Act is amended by inserting in subsection

(1) the following definition:

“ ‘staff of the Ombudsman’ means the persons appointed or employed for the purposes of section 31 of the Ombudsman Act 1976;”.

Complaints

42. Section 36 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:

“(4) It is the duty of:

(a) members of the staff of the Human Rights and Equal Opportunity Commission; and

(b) members of the staff of the Ombudsman who have had powers of the Commissioner delegated to them under section 99;

to provide appropriate assistance to a person who wishes to make a complaint and requires assistance to formulate the complaint.”.

Delegation

43. Section 99 of the Principal Act is amended:

(a) by inserting “either” after “delegate to”;

(b) by inserting “or a member of the staff of the Ombudsman” after “Commission”.

PART 15—AMENDMENTS OF THE STATE AND TERRITORIAL LAWS AND RECORDS RECOGNITION ACT 1901

Principal Act

44. In this Part, “Principal Act” means the State and Territorial Laws and Records Recognition Act 190114.

Interpretation

45. Section 2 of the Principal Act is amended by adding at the end the following definition:

“ ‘Minister of the Crown’ means:

(a) in the case of the Australian Capital Territory—the holder of an office within the meaning of subsection 39 (1) of the Australian Capital Territory (Self-Government) Act 1988;

(b) in the case of the Northern Territory—the holder of an office within the meaning of section 34 of the Northern Territory (Self-Government) Act 1978; or

(c) in the case of Norfolk Island—the holder of an office within the meaning of section 12 of the Norfolk Island Act 1979.”.

Proof of proclamations, commissions, orders and regulations

46. Section 6 of the Principal Act is amended:

(a) by omitting from subsection (1) “or order issued by the Governor- General, or by a Minister or authority” and substituting “, order or regulation issued by the Governor-General, by a Minister, the Administrator or Executive of a Territory, by or under the authority of a Minister of the Crown for a Territory or by an authority”;

(b) by inserting after paragraph (1) (d) the following paragraphs:

“(da) by the production (in the case of any proclamation, commission, order or regulation issued by the Executive of a Territory) of a copy or extract purporting to be certified to be true by the Secretary (however described) of the Executive; or

(db) by the production (in the case of any proclamation, commission, order or regulation issued by the Administrator of a Territory) of a copy or extract purporting to be certified to be true by the Secretary to the Executive Council of the Territory; or

(dc) by the production (in the case of any proclamation, commission, order or regulation issued by or under the authority of any Minister of the Crown for a Territory) of a copy or extract purporting to be certified to be true by any Minister of the Crown for the Territory; or”.

Proof of Votes and Proceedings of State Parliaments etc.

47. Section 11 of the Principal Act is amended:

(a) by inserting in subsection (1) “or the Legislative Assembly of any Territory” after “any State”;

(b) by inserting in subsection (1) “or Territory” after “that State”;

48. After section 11 of the Principal Act the following section is inserted:

Proof of Minutes of Proceedings of Territorial Assemblies

“11a. A copy of the Minutes of Proceedings of the Legislative Assembly for the Australian Capital Territory, the Northern Territory or Norfolk Island is admissible in evidence if it is certified by:

(a) the Presiding Officer of the Legislative Assembly in the case of the Australian Capital Territory;

(b) the Clerk of the Legislative Assembly in the case of the Northern Territory;

(d) the officer of the Legislative Assembly responsible for keeping the Minutes;

to be a true copy of those Minutes.”.

Proof of act done by Governor-General etc.

49. Section 14a of the Principal Act is amended by omitting “or an authority of the Territory is empowered” and substituting “the Administrator of the Territory, a Minister of the Crown for the Territory or an authority of the Territory is empowered or authorised”.

PART 16—AMENDMENTS OF THE TELECOMMUNICATIONS (INTERCEPTION) ACT 1979

Principal Act

50. In this Part, “Principal Act” means the Telecommunications (Interception) Act 197915.

Interpretation

51. (1) Section 5 of the Principal Act is amended:

(a) by adding at the end of paragraph (b) of the definition of “eligible authority” in subsection (1) “or the Independent Commission Against Corruption”;

(b) by omitting paragraph (c) of the definition of “prescribed offence” in subsection (1) and substituting the following paragraph:

“(c) an offence against a provision of Part VIIb of the Crimes Act 1914;”

(2) References in the Principal Act to a prescribed offence shall be taken to include references to an offence against section 86, 87, 88, 94 or 94a of the Telecommunications Act 1975 committed before the commencement of section 90 of the Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989.

Exempt proceedings

52. Section 5b of the Principal Act is amended:

(a) by omitting from paragraph (e) “or”;

(b) by adding at the end the following paragraphs:

“(g) a proceeding for the recovery of an amount due to a carrier in connection with the supply of a telecommunications service; or

(h) a proceeding under section 13 of the Mutual Assistance in Criminal Matters Act 1987 in relation to a criminal matter

(within the meaning of that Act) that concerns an offence, against the laws of the foreign country that made the request resulting in the proceeding, that is punishable by imprisonment for life or for a period, or maximum period, of at least 3 years.”.

Preconditions for declaration

53. Section 35 of the Principal Act is amended by omitting from paragraph (1) (g) “(j)” and substituting “(h)”.

Issue of warrant on telephone application

54. Section 50 of the Principal Act is amended:

(a) by omitting from subsection (1) “issuing a warrant” and substituting “completing and signing a warrant issued”;

(b) by omitting paragraph (1) (a).

Who may exercise authority conferred by warrant

55. Section 55 of the Principal Act is amended by adding at the end the following subsections:

“(4) Notwithstanding subsection (1), a designated technical officer may provide technical assistance to a member of the Australian Federal Police who is exercising the authority conferred by a warrant.

“(5) A reference in subsection (4) to the provision of technical assistance includes a reference to the doing of any act in connection with:

(a) the installation of equipment for the purpose of intercepting a communication in accordance with a warrant;

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

“(6) The Commissioner of Police or a person who is an approving officer under subsection (3) may, in writing, declare persons to be designated technical officers for the purposes of subsection (4).

“(7) A person may not be made the subject of a declaration under subsection (6) unless the person is a staff member within the meaning of the Australian Federal Police Act 1979.

“(8) A person who is a designated technical officer stops being a designated technical officer if the person stops being a staff member within the meaning of that Act.”.

Consequential amendments of Principal Act

56. The Principal Act is further amended as set out in Schedule 2.

PART 17—AMENDMENTS OF THE TRADE PRACTICES ACT 1974

Principal Act

57. In this Part, “Principal Act” means the Trade Practices Act 197416.

Time for commencing actions

58. Section 74J of the Principal Act is amended:

(a) by omitting from subparagraph (2) (b) (i) “or that other person” and substituting “referred to in that section”;

(b) by omitting from subparagraph (2) (b) (ii) “the consumer or that other person” and substituting “that consumer”.

Determination of applications for authorisations

59. Section 90 of the Principal Act is amended:

(a) by omitting from subsection (10) “(12), (13)” and substituting “(10a), (12), (13), (14)”;

(b) by inserting in paragraph (10) (a) “, (7a)” after “(7)”;

“(10a) If, within the latest occurring 4 month period referred to in paragraph (10) (b) in relation to an application for an authorisation, the Commission gives to the applicant a written notice requesting the applicant to give to the Commission additional information relevant to the determination of the application, the reference in that paragraph to 4 months shall be taken to be a reference to a period consisting of 4 months increased by the number of days in the period commencing on the day on which the notice is given to the applicant and ending on the day on which the applicant gives to the Commission such of the additional information as the applicant is able to provide.”;

(d) by omitting from subsection (14) “or (11), as the case may be,”.

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SCHEDULE 1 Section 10

AMENDMENTS OF THE COMPLAINTS (AUSTRALIAN FEDERAL POLICE) ACT 1981 RELATING TO CAUTIONS AND ADMONITIONS

After paragraph 3 (3) (bb):

Insert the following paragraphs:

“(bc) a reference, to admonishing a member for a breach of discipline shall be construed as a reference to admonishing a member for a breach of discipline in accordance with regulations made under the Australian Federal Police Act 1979;

(bd) a reference to a member being offered or accepting an admonition shall be construed as a reference to a member being offered or accepting, as the case may be, an admonition in accordance with regulations made under the Australian Federal Police Act 1979;”.

Subsections 11 (1) and (2):

Omit “or cautioning”, substitute “, or offering a caution or an admonition to,”.

Subsection 11 (3):

Omit paragraphs (b) and (c), substitute the following paragraphs:

“(b) that a member or members be offered a caution;

(d) that no action be taken by way of charging, or offering a caution or admonition to, a member or members;”.

Subsection 11 (7):

Omit “or cautioning” (wherever occurring), substitute “, or offering a caution or admonition to,”.

Paragraph 11 (9) (ba):

Omit the paragraph, substitute the following paragraphs:

“(ba) a reference to the offering of a caution to a member shall be construed as a reference to the offering of a caution to a member for a breach of discipline;

(bb) a reference to the offering of an admonition to a member shall be construed as a reference to the offering of an admonition to a member for a breach of discipline;”.

SCHEDULE 1—continued

Sections 12 and 13:

Repeal the sections, substitute the following sections:

Notification of charges etc. to Ombudsman

“12. (1) Where, under section 11, a member is:

(a) charged with an offence or breach of discipline; or

(b) offered a caution or admonition for a breach of discipline;

the Commissioner shall notify the Ombudsman, in writing, that the member has been so charged or has been offered a caution or admonition, as the case requires.

“(2) Where:

(a) a member is, under section 11, offered a caution or admonition for a breach of discipline; and

(b) the member refuses to accept the caution or admonition;

the Commissioner shall notify the Ombudsman, in writing, that:

(d) the member has been charged with a breach of discipline.

Notification of charges etc. to complainant

“13. Where, under section 11, a member is charged with an offence or breach of discipline, or accepts a caution or admonition for a breach of discipline, the Commissioner shall, unless the identity of the complainant is unknown, as soon as practicable notify the complainant, in writing, that the member has been so charged, or has accepted the caution or admonition, and give to the complainant any comments the Commissioner wishes to make in relation to the charge, or the acceptance of the caution or admonition, as the case requires.”.

Paragraph 24 (1) (c):