Commonwealth Numbered Acts Commonwealth Numbered ActsTelecommunications (Interception and Access) Act 1979
1 Subparagraphs 107J(1)(a)(i) and (ii)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
2 Subsection 110(1)
Omit "An enforcement agency", substitute "A criminal law-enforcement agency".
3 After section 110
Insert:
110A Meaning of criminal law-enforcement agency
(1) Each of the following is a criminal law-enforcement agency :
(a) the Australian Federal Police;
(b) a Police Force of a State;
(c) the Australian Commission for Law Enforcement Integrity;
(d) the ACC;
(e) the Australian Customs and Border Protection Service;
(ea) the Australian Securities and Investments Commission;
(eb) the Australian Competition and Consumer Commission;
(f) the Crime Commission;
(g) the Independent Commission Against Corruption;
(h) the Police Integrity Commission;
(i) the IBAC;
(j) the Crime and Corruption Commission of Queensland;
(k) the Corruption and Crime Commission;
(l) the Independent Commissioner Against Corruption;
(m) subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.
(2) The head of an authority or body may request the Minister to declare the authority or body to be a criminal law-enforcement agency.
(3) The Minister may, by legislative instrument, declare:
(a) an authority or body to be a criminal law-enforcement agency; and
(b) persons specified, or of a kind specified, in the declaration to be officers of the criminal law-enforcement agency for the purposes of this Act.
(3A) The Minister may make the declaration whether or not the head of the authority or body has made a request under subsection (2).
(3B) The Minister must not make the declaration unless the Minister is satisfied on reasonable grounds that the functions of the authority or body include investigating serious contraventions.
(4) In considering whether to make the declaration, the Minister must have regard to:
(b) whether access to stored communications, and the making of authorisations under section 180, would be reasonably likely to assist the authority or body in investigating serious contraventions; and
(c) whether the authority or body:
(i) is required to comply with the Australian Privacy Principles; or
(ii) is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or
(iii) has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 3 or 4, if the declaration is made; and
(d) whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of a criminal law-enforcement agency under Chapter 3, and the obligations of an enforcement agency under Chapter 4; and
(e) whether the Minister considers that the declaration would be in the public interest; and
(f) any other matter that the Minister considers relevant.
(4A) For the purposes of subparagraphs (4)(c)(ii) and (iii), the protection of personal information provided by the scheme must:
(a) be comparable to the protection provided by the Australian Privacy Principles; and
(b) include a mechanism for monitoring the authority's or body's compliance with the scheme; and
(c) include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.
(5) In considering whether to make the declaration, the Minister may consult such persons or bodies as the Minister thinks fit. In particular, the Minister may consult the Privacy Commissioner and the Ombudsman.
(6) The declaration may be subject to conditions.
(7) Without limiting subsection (6), a condition may provide that the authority or body is not to exercise:
(a) a power conferred on a criminal law-enforcement agency by or under a specified provision in Chapter 3; or
(b) a power conferred on an enforcement agency by or under a specified provision in Chapter 4.
The authority or body is taken, for the purposes of this Act, not to be a criminal law-enforcement agency for the purposes of that provision in Chapter 3, or an enforcement agency for the purposes of that provision in Chapter 4, as the case requires.
(8) The Minister may, by legislative instrument, revoke a declaration under subsection (3) relating to an authority or body if the Minister is no longer satisfied that the circumstances justify the declaration remaining in force.
(9) The revocation under subsection (8) of a declaration relating to an authority or body does not affect the validity of:
(a) a domestic preservation notice given by the authority or body; or
(b) a stored communications warrant issued to the authority or body; or
(c) an authorisation made by an authorised officer of the authority or body under Division 4 of Part 4-1;
that was in force immediately before the revocation took effect.
(10) A declaration under subsection (3):
(a) comes into force when it is made, or on such later day as is specified in the declaration; and
(b) ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.
(11) If a Bill is introduced into either House of the Parliament that includes an amendment of subsection (1), the Minister:
(a) must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and
(b) must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.
4 Before section 177
Insert:
176A Meaning of enforcement agency
(1) Each of the following is an enforcement agency :
(a) subject to subsection 110A(7), a criminal law-enforcement agency;
(b) subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.
(2) The head of an authority or body may request the Minister to declare the authority or body to be an enforcement agency.
(3) The Minister may, by legislative instrument, declare:
(a) an authority or body to be an enforcement agency; and
(b) persons specified, or of a kind specified, in the declaration to be officers of the enforcement agency for the purposes of this Act.
(3A) The Minister may make the declaration whether or not the head of the authority or body has made a request under subsection (2).
(3B) The Minister must not make the declaration unless the Minister is satisfied on reasonable grounds that the functions of the authority or body include:
(a) enforcement of the criminal law; or
(b) administering a law imposing a pecuniary penalty; or
(c) administering a law relating to the protection of the public revenue.
(4) In considering whether to make the declaration, the Minister must have regard to:
(b) whether the making of authorisations under section 178 or 179 would be reasonably likely to assist the authority or body in performing the functions referred to in subsection (3B) ; and
(c) whether the authority or body:
(i) is required to comply with the Australian Privacy Principles; or
(ii) is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or
(iii) has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 4, if the declaration is made; and
(d) whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of an enforcement agency under Chapter 4; and
(e) whether the Minister considers that the declaration would be in the public interest; and
(f) any other matter that the Minister considers relevant.
(4A) For the purposes of subparagraphs (4)(c)(ii) and (iii), the protection of personal information provided by the scheme must:
(a) be comparable to the protection provided by the Australian Privacy Principles; and
(b) include a mechanism for monitoring the authority's or body's compliance with the scheme; and
(c) include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.
(5) In considering whether to make the declaration, the Minister may consult such persons or bodies as the Minister thinks fit. In particular, the Minister may consult the Privacy Commissioner and the Ombudsman.
(6) The declaration may be subject to conditions.
(7) Without limiting subsection (6), a condition may provide that the authority or body is not to exercise a power conferred on an enforcement agency by or under a specified provision in Chapter 4. The authority or body is taken, for the purposes of this Act, not to be an enforcement agency for the purposes of that provision.
(8) The Minister may, by legislative instrument, revoke a declaration under subsection (3) relating to an authority or body if the Minister is no longer satisfied that the circumstances justify the declaration remaining in force.
(9) The revocation under subsection (8) of a declaration relating to an authority or body does not affect the validity of an authorisation, made by an authorised officer of the authority or body under this Division, that was in force immediately before the revocation took effect.
(10) A declaration under subsection (3):
(a) comes into force when it is made, or on such later day as is specified in the declaration; and
(b) ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.
(11) If a Bill is introduced into either House of the Parliament that includes an amendment of subsection (1), the Minister:
(a) must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and
(b) must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.
Telecommunications (Interception and Access) Act 1979
5 Subsection 5(1) (definition of Crime and Misconduct Commission )
Omit "Misconduct", substitute "Corruption".
6 Subsection 5(1) (definition of criminal law-enforcement agency )
Repeal the definition, substitute:
"criminal law-enforcement agency " has the meaning given by section 110A.
7 Subsection 5(1) (definition of enforcement agency )
Repeal the definition, substitute:
"enforcement agency " has the meaning given by section 176A.
8 Subsection 5(1) (at the end of the definition of officer )
Add:
; or (n) in the case of a criminal law-enforcement agency for which a declaration under subsection 110A(3) is in force--a person specified, or of a kind specified, in the declaration to be an officer of the criminal law-enforcement agency for the purposes of this Act; or
(o) in the case of an enforcement agency for which a declaration under subsection 176A(3) is in force--a person specified, or of a kind specified, in the declaration to be an officer of the enforcement agency for the purposes of this Act.
9 Section 107G
Omit "an enforcement agency or the Organisation", substitute "a criminal law-enforcement agency, or the Organisation,".
10 Section 107G
Omit "an interception agency or the Organisation", substitute "a criminal law-enforcement agency that is an interception agency, or the Organisation,".
11 Subsection 107J(1) (heading)
Repeal the heading, substitute:
Notices given by criminal law-enforcement agencies
12 Paragraphs 107L(2)(a), 107M(1)(a), (2)(a) and (3)(a)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
13 Part 3-3 (heading)
Repeal the heading, substitute:
Part 3-3 -- Access by criminal law-enforcement agencies to stored communications
14 Section 110 (heading)
Repeal the heading, substitute:
110 Criminal law-enforcement agencies may apply for stored communications warrants
15 Subsections 111(3) and 116(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
16 Subparagraph 120(1)(a)(i)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
17 Subsection 120(2)
Omit "an enforcement agency's", substitute "a criminal law-enforcement agency's".
18 Subparagraph 120(2)(b)(ii)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
19 Paragraph 120(3)(a)
Omit "enforcement agency's", substitute "criminal law-enforcement agency's".
20 Paragraph 120(3)(a)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
21 Subsection 120(4)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
22 Subsection 122(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
23 Paragraph 122(1)(a)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
24 Subsection 122(2)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
25 Subsection 122(2)
Omit "other enforcement agency", substitute "other criminal law-enforcement agency".
26 Subsection 122(3)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
27 Subsection 123(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
28 Subsection 123(1)
Omit "other enforcement agency", substitute "other criminal law-enforcement agency".
29 Subsection 123(2)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
30 Subsection 127(2)
Omit "an enforcement agency" (wherever occurring), substitute "a criminal law-enforcement agency".
31 Paragraphs 127(2)(a) and (b)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
32 Subsections 127(3) and 128(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
33 Subsection 128(3)
Omit "an enforcement agency" (wherever occurring), substitute "a criminal law-enforcement agency".
34 Section 130 (heading)
Repeal the heading, substitute:
130 Evidentiary certificates relating to actions by criminal law-enforcement agencies
35 Subsections 130(1) and (2)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
36 Section 131
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
37 Subsection 135(1) (heading)
Repeal the heading, substitute:
Communicating information to the appropriate criminal law-enforcement agency
38 Paragraph 135(1)(a)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
39 Subsection 135(2)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
40 Section 138 (heading)
Repeal the heading, substitute:
138 Employee of carrier may communicate information to criminal law-enforcement agency
41 Subsection 138(2)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
42 Subsection 139(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
43 Paragraph 139(2)(a)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
44 Paragraph 150(1)(a)
Omit "an enforcement agency's", substitute "a criminal law-enforcement agency's".
45 Subsections 159(1) and 160(1)
Omit "an enforcement agency", substitute "a criminal law-enforcement agency".
46 Subsections 161A(1) and (2) and 162(1)
Omit "enforcement agency", substitute "criminal law-enforcement agency".
47 Section 163
Omit "enforcement agency", substitute "criminal law-enforcement agency".
Part 3 -- Application provisions
48 Existing domestic preservation notices
If:
(a) a domestic preservation notice was given to a carrier before the commencement of this Schedule; and
(b) the notice was in force immediately before that commencement; and
(c) the authority or body that gave the notice was not the Organisation; and
(d) on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);
after that commencement, the notice continues in force, and Chapter 3 of the Telecommunications (Interception and Access) Act 1979 as amended by this Act continues to apply in relation to the notice, as if the authority or body were a criminal law-enforcement agency.
49 Existing stored communications warrants
If:
(a) a stored communications warrant was issued to an authority or body before the commencement of this Schedule; and
(b) the warrant was in force immediately before that commencement; and
(c) on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);
after that commencement, the warrant continues in force, and Chapter 3 of the Telecommunications (Interception and Access) Act 1979 as amended by this Act continues to apply in relation to the warrant, as if the authority or body were a criminal law-enforcement agency.
50 Existing authorisations
If:
(a) an authority or body made an authorisation under Division 4 of Part 4-1 of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; and
(b) the authorisation was in force immediately before that commencement; and
(c) on that commencement, the authority or body is not an enforcement agency;
after that commencement, the authorisation continues in force, and Chapter 4 of the Telecommunications (Interception and Access) Act 1979 as amended by this Act continues to apply in relation to the authorisation, as if the authority or body were an enforcement agency.
51 Evidentiary certificates
(1) If:
(a) an authority or body issued a certificate under section 107U or 130 of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; and
(b) on that commencement, the authority or body is not a criminal law-enforcement agency (whether or not it is an enforcement agency);
after that commencement, the certificate continues in force as if the authority or body were a criminal law-enforcement agency.
(2) If:
(a) an authority or body issued a certificate under section 185C of the Telecommunications (Interception and Access) Act 1979 before the commencement of this Schedule; and
(b) on that commencement, the authority or body is not an enforcement agency;
after that commencement, the certificate continues in force as if the authority or body were an enforcement agency.
(3) An authority or body that:
(a) was a criminal law-enforcement agency immediately before the commencement of this Schedule; and
(b) on that commencement, is not a criminal law-enforcement agency (whether or not it is an enforcement agency);
continues after that commencement to have the power to issue certificates under section 107U or 130 of the Telecommunications (Interception and Access) Act 1979 as amended by this Act, with respect to anything done before that commencement, as if it were a criminal law-enforcement agency.
(4) An authority or body that:
(a) was an enforcement agency immediately before the commencement of this Schedule; and
(b) on that commencement, is not an enforcement agency;
continues after that commencement to have the power to issue certificates under section 185C of the Telecommunications (Interception and Access) Act 1979 as amended by this Act, with respect to anything done before that commencement, as if it were an enforcement agency.