Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998/1999
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
TELECOMMUNICATIONS
(INTERCEPTION) AMENDMENT BILL
1999
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Attorney-General,
the Honourable
Daryl Williams AM QC MP)
ISBN: 0642 408238
TELECOMMUNICATIONS
(INTERCEPTION) AMENDMENT BILL
1999
OUTLINE
This
Bill amends the Telecommunications (Interception) Act 1979 (the
Interception Act) and the Telecommunications (Interception) and Listening
Device Amendment Act 1997 (Amendment
Act).
The proposed amendments to the
Interception Act deal with:
• the
Anti-Corruption Commission of Western Australia (ACC):
and
• the Queensland Crime Commission
(QCC).
The ACC is established by the Anti-Corruption Commission Act 1988 (WA). It deals with corruption, crime and serious improper conduct of ‘public officers’.
The QCC was established under the Crime Commission Act 1997
(QLD). It has a responsibility to investigate criminal paedophilia
and organised crime.
The amendments will permit
the ACC and the QCC:
• to receive intercepted
information that was originally obtained by another agency where that
information appears to relate to conduct that the ACC or the QCC may
investigate;
• to use intercepted information for
an investigation it is undertaking in accordance with its functions;
and
• provided the Attorney-General first issues
a declaration under section 34 of the Interception Act, to obtain warrants to
intercept telecommunications.
The proposed
amendments to the Amendment Act deal with the power to issue warrants. Section
103A of the Interception Act requires a review to be undertaken on the power of
nominated members of the Administrative Appeals Tribunal (AAT) to issue warrants
under the Interception Act. The Telecommunications Interception Policy Review
is finalised and recommends the continuation of the current regime for issuing
warrants by members of the AAT. The proposed amendment will permit the Minister
to continue to nominate specified members of the AAT to issue interception
warrants for law enforcement purposes.
FINANCIAL IMPACT
STATEMENT
The cost of the amendments is
expected to be insignificant.
Notes on Clauses
Clause 1: Short
Title
Clause 1 is a formal provision specifying
the short title of the Bill.
Clause
2: Commencement
Clause 2 provides that the
Act is to commence on Royal Assent.
Clause
3: Schedules
Clause 3 provides that each Act
specified in a schedule is amended or repealed as set out in the schedule
concerned.
Schedule 1 - Anti-Corruption
Commission (ACC) and the Queensland Crime Commission (QCC) - Amendment of the
Telecommunications (Interception) Act 1979 (the Interception
Act)
Item
1
This item defines the Anti-Corruption
Commission for the purposes of the Interception
Act.
Item
2
This item defines the Anti-Corruption
Commission Act for the purposes of the Interception
Act.
Item
3
Item 3 amends subsection 5(1) to provide that
each person specified is a certifying officer in relation to the Anti-Corruption
Commission or the Queensland Crime
Commission.
Item
4
Item 4 amends the definition of ‘chief
officer’ to include the chairman of the Anti-Corruption Commission and the
Queensland Crime Commissioner.
Item
5
This item defines commission member for the
purposes of the Interception Act.
Item
6
Item 6 provides that the Queensland Crime
Commission will be an ‘eligible authority of a State’ within the
meaning of the Interception Act. The effect is that the QCC will have the
powers and obligations of an ‘agency’ for the purposes of Part VII
of the Interception Act. In part, this will permit, in prescribed
circumstances, another agency to communicate lawfully obtained information to
the QCC and will allow the QCC to use that information for the QCC’s
permitted purpose.
Item
7
Item 7 provides that the Anti-Corruption
Commission will be an ‘eligible authority of a State’ within the
meaning of the Interception Act. The effect is that the ACC will have the
powers and obligations of an ‘agency’ for the purposes of Part VII
of the Interception Act. In part, this will permit, in prescribed
circumstances, another agency to communicate lawfully obtained information to
the ACC and will allow the ACC to use that information for the ACC’s
permitted purpose.
Item
8
This item defines member of the
Anti-Corruption Commission for the purposes of the Interception
Act.
Item
9
This item defines member of the staff of the
Anti-Corruption Commission for the purposes of the Interception
Act.
Item
10
This item defines member of the staff of the
Queensland Crime Commission for the purposes of the Interception
Act.
Item
11
Item 11 amends the definition of
‘officer’ by adding, in the case of the ACC and the QCC, the
specified persons. The effect is to apply to the ACC and the QCC the provisions
of the Act that refer to acts by an officer of an eligible authority of a
State.
Item
12
This item amends the definition of
‘prescribed investigation’ to include an investigation the
Anti-Corruption Commission is conducting in accordance with its functions and an
investigation the Queensland Crime Commission is undertaking in accordance with
its functions.
These amendments are connected with
items 18 and 19. The effect of these amendments is to include in the category
of ‘relevant proceedings’ a prosecution for a prescribed offence
against a law of Queensland, in the case of the QCC, or a law of Western
Australia, in the case of the ACC, and which relates to a prescribed
investigation of either the ACC or the QCC. This will enable the ACC and the
QCC to use intercepted information for a permitted purpose connected with such
proceedings.
Item
13
This item defines the Queensland Crime
Commission for the purposes of the Interception
Act.
Item
14
This item defines the Crime Commission Act
for the purposes of the Interception
Act.
Item
15
This item defines the Queensland crime
commissioner for the purposes of the Interception
Act.
Item
16
Item 16 amends the definition of
‘relevant offence’ to include prescribed offences connected with
prescribed investigations of both the ACC and the QCC. The purpose is to permit
another agency to communicate lawfully obtained information obtained by that
agency to either the ACC or the QCC.
Item
17
This item amends the meaning of an
‘investigation of an offence’ in the Interception Act to include
prescribed investigations of the ACC or the QCC, in so far as they relate to
that offence.
Item
18
This item amends paragraph 6L(2)(c) by
adding to the definition of ‘relevant proceedings’ a proceeding by
way of a prosecution for a prescribed offence against the law of Queensland and
to which a prescribed investigation by the QCC relates. This will ensure that a
communication by an officer of the QCC in these circumstances is for a permitted
purpose of the QCC within the meaning of section 67 of the Interception
Act.
Item
19
This item, like item 19, amends paragraph
6L(2) by adding to the definition of ‘relevant proceeding’ a
proceeding by way of a prosecution for a prescribed offence against a law of
Western Australia and to which a prescribed investigation by the ACC relates.
This will ensure that a communication by an officer of the ACC in these
circumstances is for a permitted purpose of the ACC within the meaning of
section 67 of the Interception Act.
Item
20
Item 20 amends subsection 39(2) to include a
member and a member of the staff of the ACC and a commission member and a member
of the staff of the QCC as persons who may apply for warrants on behalf of the
respective Commissions.
This provision has no
effect without a declaration under section 34 of the Interception Act in
relation to either the ACC or the QCC.
Item
21
This item amends section 68 to include both
the ACC and the QCC. Section 68 provides that where an agency has obtained
interception information which appears to relate to the functions of another
agency, the agency may communicate the information to that agency in certain
circumstances.
The amendment will permit an agency
to communicate intercepted information to either the ACC or the QCC where the
information relates to a matter which may give rise to an investigation by
either Commission.
Schedule 2 - Amendment of
Telecommunications (Interception) and Listening Device Amendment Act
1997
Item 1 repeals section 3 to enable the
power of nominated members of the Administrative Appeals Tribunal to issue
warrants to continue.