Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 38A

  (1)   This section applies to a declaration made under section   34 in relation to an eligible authority of a State.

Authorisation

  (2)   When the Minister makes the declaration, the Minister must, in the declaration, authorise the eligible authority to apply for Part   5.3 warrants if:

  (a)   the Premier of the State requests that the eligible authority be so authorised; and

  (b)   the Minister is satisfied as mentioned in subsection   (4) of this section.

  (3)   The Minister must amend the declaration to authorise the eligible authority to apply for Part   5.3 warrants if:

  (a)   the declaration does not already so authorise the eligible authority; and

  (b)   the Premier of the State requests that the eligible authority be so authorised; and

  (c)   the Minister is satisfied as mentioned in subsection   (4).

Criteria to be authorised to apply for a Part   5.3 warrant

  (4)   For the purposes of paragraph   (2)(b) or (3)(c), the Minister must be satisfied that the law of the State makes satisfactory provision:

  (a)   imposing on the chief officer of the eligible authority requirements corresponding to the requirements that paragraphs 80(f) and (g) and 81(1)(h) and subsection   81(2), so far as that subsection relates to paragraph   81(1)(h), impose on the chief officer of a Commonwealth agency; and

  (b)   imposing on the chief officer of the eligible authority requirements corresponding to the requirements that section   59B imposes on the chief officer of a Commonwealth agency; and

  (c)   giving an authority of the State powers corresponding to those that subsections   83(3) and 84(2) and sections   85 and 85A give to the Ombudsman, if the authority of the State receives a notice from the eligible authority because of the requirements mentioned in paragraph   (b) of this subsection; and

  (d)   requiring an authority of the State that has made an inspection of the eligible authority's records under the powers mentioned in paragraph   (c) to report in writing to the responsible Minister about the results of the inspection; and

  (e)   requiring the responsible Minister to give to the Minister, as soon as practicable, a copy of a report that an authority of the State gives to the responsible Minister under a power or requirement mentioned in paragraph   (c) or (d).

Removal of authorisation

  (5)   The Minister must amend the declaration to remove the authorisation of the eligible authority to apply for Part   5.3 warrants if the Premier of the State requests the Minister to remove the authorisation.

  (6)   The Minister may amend the declaration to remove the authorisation of the eligible authority to apply for Part   5.3 warrants if the Minister is satisfied that:

  (a)   the law of the State no longer makes satisfactory provision in relation to the eligible authority as mentioned in subsection   (4); or

  (b)   the extent of compliance with a requirement of a law of that State, being a requirement of a kind mentioned in subsection   (4), has been unsatisfactory in so far as the requirement relates to the eligible authority; or

  (c)   the extent of compliance by the chief officer of the eligible authority, or by officers of the eligible authority, with this Act has been unsatisfactory, so far as this Act relates to Part   5.3 warrants.

  (7)   If the Minister amends the declaration under subsection   (5) or (6), the amendment does not affect the validity of a Part   5.3 warrant issued before the amendment in response to an application by the eligible authority.