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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 5B

Exempt proceedings

             (1)  A reference in this Act to an exempt proceeding is a reference to:

                     (a)  a proceeding by way of a prosecution for a prescribed offence; or

                     (b)  a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

                   (ba)  a proceeding under the Spam Act 2003 ; or

                   (bb)  a proceeding under, or a proceeding relating to a matter arising under, Division 104 (control orders) or Division 105A (post-sentence orders) of the Criminal Code ; or

                   (bc)  a proceeding under, or a proceeding relating to a matter arising under, a preventative detention order law, so far as the proceeding relates to a preventative detention order (within the meaning of that law); or

                   (bd)  a proceeding under, or a proceeding relating to a matter arising under, a post-sentence detention law or a post-sentence supervision law; or

                   (be)  a proceeding under, or a proceeding relating to a matter arising under, the main unexplained wealth provisions; or

                    (bf)  a proceeding under, or a proceeding relating to a matter arising under, the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or

                     (c)  a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988 , in so far as the proceeding relates to a prescribed offence; or

                    (ca)  a proceeding under, or a proceeding relating to a matter arising under, an organised crime control law; or

                     (d)  a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to a prescribed offence; or

                   (da)  a proceeding by way of a coroner's inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of a prescribed offence; or

                     (e)  a police disciplinary proceeding; or

                    (ea)  a proceeding in so far as it relates to:

                              (i)  a decision by the Commissioner of Police to terminate the employment of an AFP employee or the appointment of a special member of the Australian Federal Police; or

                             (ii)  a decision by the Commissioner of a Police Force of a State to terminate the appointment of an officer or member of staff of that Police Force; or

                   (eb)  a proceeding in so far as it is, or relates to, disciplinary or legal action (within the meaning of section 6S) that is in relation to an eligible staff member (within the meaning of that section) of the Australian Federal Police or the ACC; or

                      (f)  any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth or of a State; or

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

                     (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; or

                  (haa)  a proceeding under Division 5 of Part 4 of the International Criminal Court Act 2002 ; or

                 (hab)  a proceeding before the International Criminal Court sitting in Australia under Part 5 of the International Criminal Court Act 2002 ; or

                   (ha)  a proceeding of an eligible Commonwealth authority; or

                   (hb)  a proceeding of the Independent Commission Against Corruption; or

                   (hc)  a proceeding of the Inspector of the Independent Commission Against Corruption; or

                   (hd)  a proceeding in relation to an application under subsection 34B(1) of the Australian Crime Commission Act 2002 in respect of contempt of the Australian Crime Commission; or

                      (i)  a proceeding of the IBAC; or

                   (iaa)  a proceeding of the Victorian Inspectorate; or

                    (ia)  a proceeding of the Corruption and Crime Commission; or

                    (ib)  a proceeding of the Parliamentary Inspector of the Corruption and Crime Commission; or

                      (j)  a proceeding under Division 1 of Part 4 of the International War Crimes Tribunals Act 1995 ; or

                     (k)  a proceeding of the Law Enforcement Conduct Commission; or

                   (ka)  a proceeding of the Inspector of the Law Enforcement Conduct Commission; or

                   (kb)  a proceeding of the Crime and Corruption Commission; or

                   (kc)  a proceeding of the Independent Commissioner Against Corruption; or

                      (l)  a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or

                    (m)  a proceeding by way of review of a decision to refuse such a bail application; or

                     (n)  a proceeding by way of a review of a decision to grant such a bail application.

Note:          Paragraphs (l), (m) and (n) were inserted as a response to the decision of the Court of Appeal of New South Wales in Director of Public Prosecutions v Serratore (1995) 132 ALR 461.

             (2)  Without limiting subsection (1), a reference in Chapter 3 to an exempt proceeding includes a reference to:

                     (a)  a proceeding by way of a prosecution for an offence punishable:

                              (i)  by imprisonment for a period, or a maximum period, of at least 12 months; or

                             (ii)  by a fine, or a maximum fine, of at least 60 penalty units if the offence is committed by an individual; or

                            (iii)  if the offence cannot be committed by an individual--by a fine, or a maximum fine, of at least 300 penalty units; or

                     (b)  a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or

                     (c)  a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988 , in so far as the proceeding relates to such an offence; or

                     (d)  a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to such an offence; or

                     (e)  a proceeding by way of a coroner's inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of such an offence; or

                      (f)  a proceeding for recovery of a pecuniary penalty for a contravention that would, if proved, render the person committing the contravention liable to:

                              (i)  a pecuniary penalty, or a maximum pecuniary penalty, of at least 60 penalty units if the contravention is committed by an individual; or

                             (ii)  if the contravention cannot be committed by an individual--a pecuniary penalty, or a maximum pecuniary penalty, of at least 300 penalty units.



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