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2010 - 2011 - 2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
TELECOMMUNICATIONS INTERCEPTION AND OTHER LEGISLATION
AMENDMENT (STATE BODIES) BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General,
the Honourable Nicola Roxon MP)
TELECOMMUNICATIONS INTERCEPTION AND OTHER LEGISLATION
AMENDMENT (STATE BODIES) BILL 2012
OUTLINE
1. This Bill will amend the Telecommunications (Interception and Access) Act 1979 (TIA Act)
to introduce the Victorian Public Interest Monitor (PIM) into the interception regime and to enable
the Victorian Independent Broad-based Anti-corruption Commission (IBAC) and Victorian
Inspectorate (VI) to be declared eligible authorities under section 34 of the TIA Act.
2. Under section 35 of the TIA Act, an agency cannot be declared an eligible authority unless the
Minister is satisfied that the law of the requesting State makes satisfactory provision for the
declared agency to comply with specified recordkeeping, reporting and inspection obligations and
that the State has entered into an agreement to pay all expenses connected with the issue of warrants
to the agency.
3. The Parliament of Victoria has recently enacted the Victorian Inspectorate Act 2011 of
Victoria and the Independent Broad-based Anti-corruption Commission Act 2011 of Victoria to
establish two new oversight bodies. The IBAC will have a broad jurisdiction responsible for
investigating, exposing and suppressing corruption involving or affecting all public officials in
Victoria. This jurisdiction will include oversighting police activities from the time section 16 of the
Independent Broad-based Anti-corruption (Investigative Functions) Act 2012 of Victoria (the IBAC
Amendment Act) commences.
4. Section 16 of the IBAC Amendment Act will repeal the Police Integrity Act 2008 of Victoria,
abolishing the Office of Police Integrity (OPI) and enabling the IBAC to exercise its functions in
relation to all Victorian public officials including the police. Until section 16 commences, both the
IBAC and the OPI will co-exist. This Bill amends the TIA Act to allow the Director of the Office
of Police Integrity to communicate information to the IBAC in the period between the
commencement of the IBAC Amendment Act and the repeal of the Police Integrity Act 2008 of
Victoria. Under the Bill any actions, activities or functions undertaken by the OPI under the TIA
Act before the IBAC commences in full will continue to have effect as if they were undertaken or
authorised by the IBAC.
5. The OPI can receive items and documents under the Crimes Act 1914 and receive information
under the Taxation Administration Act 1953. The Bill will amend the Crimes Act 1914, the Privacy
Act 1988 and the Taxation Administration Act 1953 to replace references to the OPI with the IBAC.
6. The Bill will also amend the Crimes Act 1914 and the Taxation Administration Act 1953 to
allow the OPI to disclose information to or to make available a thing or document to the IBAC after
the IBAC Amendment Act commences but prior to the repeal of the Police Integrity Act 2008 of
Victoria and the abolition of the OPI.
7. The Victorian Inspectorate (VI) will monitor the IBAC's compliance with Victorian
legislation and investigate complaints against the IBAC's officers. The Bill will enable the VI to be
declared an eligible authority so that it can receive intercepted information in order to carry out its
oversight complaints handling function.
8. This Bill will also amend the TIA Act in relation to Victorian interception agencies to
recognise the oversight role of the PIM in law enforcement matters in Victoria. Under the Public
Interest Monitor Act 2011 of Victoria, the PIM has oversight functions in relation to several Acts,
including the Telecommunications (Interception) (State Provisions) Act 1998 of Victoria.
9. The amendments to the TIA Act will allow the PIM to make submissions to the issuing
authority considering the application for an interception warrant from a Victorian interception
agency and to ask questions of an officer representing the agency applying for the warrant or any
other party required to give further information on the application. These provisions will only
operate where the applicant is representing a declared Victorian agency. The PIM's power to make
submissions will be complemented by a requirement on the decision-maker considering an
application by a Victorian agency, to consider the PIM's view in deciding whether or not to issue an
interception warrant.
10. The Bill also specifies that the TIA Act does not affect the operation of Victorian law to the
extent that it may authorise or require Victorian agencies to notify the PIM of a proposed or actual
interception warrant application, notify the PIM of any information that may relate to such
applications and provide documentation that may relate to such applications.
FINANCIAL IMPACT STATEMENT
The amendments made by the Telecommunications Interception and Other Legislation Amendment
(State Bodies) Bill 2012 will have no financial impact on the Commonwealth. The costs associated
with the new State agencies will be borne by the State of Victoria.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Telecommunications Interception and Other Legislation Amendment (State Bodies) Bill 2012
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the Bill
The Bill will facilitate amendments to the Telecommunications (Interception and Access) Act 1979
(the TIA Act) to support the functions of the newly established:
� Victorian Independent Broad-based Anti-Corruption Commission (IBAC)
� Victorian Inspectorate (VI), and
� Victorian Public Interest Monitor (PIM).
The Bill will amend the TIA Act to enable the IBAC and the VI to access existing
telecommunications information and to support the role of the PIM. The IBAC will replace the
existing Victorian Office of Police Integrity (OPI) as the Victorian integrity agency and the VI will
oversight the activities of the IBAC. The PIMs functions include acting in the public interest in
applications for warrants under the TIA Act.
The Bill will also amend the TIA Act to include the IBAC within the definition of an enforcement
agency and allow them access to stored content and telecommunications data.
In particular, the Bill will:
� Remove the OPI as an eligible authority in section 5 of the TIA Act so that it will no longer
be eligible to access interception powers or any other powers under the TIA Act.
� Amend the definition of eligible authority in the TIA Act to include the IBAC and VI and
allow them to receive TIA Act information for their respective functions. This will enable
the Attorney-General to declare the IBAC as an interception agency to access interception
information in their own right once the Attorney-General is satisfied that relevant State
legislation meets the requirements of section 35 of the TIA Act.
� Enable the IBAC and VI to use and communicate existing intercepted information to
support their functions.
� Amend the TIA Act to enable the PIM to access relevant information and appear at
applications for warrants under the TIA Act.
� Amend the definition of enforcement agency to include the IBAC to allow them to access
stored content and telecommunications data.
� Make consequential amendments to the Taxation Administration Act 1958, the Crimes Act
1914 and the Privacy Act 1988 to replace references to the OPI with references to the IBAC.
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� Make transitional amendments to the TIA Act, Crimes Act 1914 and Taxation
Administration Act 1958 so that information provided or disclosed to OPI can be provided
or disclosed to the IBAC so that it has the information it needs to perform its investigative
functions.
Human rights implications
The human rights engaged by the Bill are those set out in Articles 17 and 19 of the International
Covenant on Civil and Political Rights (ICCPR).
Article 17 - privacy
Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference
with his privacy, family, home or correspondence, nor to unlawful attacks on his honour or
reputation, and that everyone has the right to the protection of the law against such interference or
attacks. Certain provisions in the Bill could be considered to limit the right to privacy under Article
17. However, the right to privacy can be limited as it is not an absolute right and a limitation is not
incompatible with the right itself.
New Eligible Authorities
The Bill would make the IBAC and VI eligible authorities under the TIA Act and therefore allow
them to receive existing telecommunications interception information. The Attorney-General may
then declare them to be interception agencies, subject to meeting requirements outlined in section
35 of the TIA Act. Once declared an interception agency, the IBAC would be eligible to apply for
warrants to intercept a person's private communications in certain circumstances. However, such
interception will not be unlawful as it will be authorised by law under the TIA Act. Consistent with
powers for other State oversight bodies the VI will not be declared an interception agency.
Interception by IBAC will not be arbitrary within the meaning of Article 17. The measures adopted
will serve the legitimate purpose of the investigation and prosecution of serious crime and
corruption. The measures will be proportional and reasonable to this end.
Other State integrity agencies already have interception powers under the TIA Act and the purpose
of the Bill is to ensure the IBAC has access to such powers. Interception will only be available to
the IBAC in relation to the investigation of serious offences, which generally includes offences
punishable by imprisonment for life or for a period or a maximum period of at least seven years.
The IBAC must obtain a warrant from an independent issuing authority in order to access or
intercept communications. The TIA Act requires that an issuing authority, such as an eligible Judge
or a nominated member of the Administrative Appeals Tribunal have regard to how much the
privacy of any person or persons would be likely to be interfered with by interception under a
warrant.
The Bill will enhance human rights, in that it will enable the Victorian PIM to appear at the
application stage to test the merits of an application for an interception warrant by Victorian
agencies, including by cross-examining applicants and making submissions to the issuing authority
in the interests of the public of Victoria. The PIM is limited to making submissions relating to the
factors that the issuing authority must have regard to including how much the privacy of any person
may be affected by interception authorised under the warrant. The TIA Act will require that issuing
authorities have regard to any submissions made by the Vic PIM.
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The Bill will remove the Victorian OPI as an eligible authority and they will no longer be an
eligible to undertake telecommunications interception or any other powers under the TIA Act.
Use and communication of information
The TIA Act prohibits the use and disclosure of information obtained under the TIA Act, subject to
certain exceptions.
The Bill would allow the IBAC to use and communicate information obtained under
telecommunications interception warrants to support their investigations and prosecutions. The Bill
would also allow the IBAC to communicate interception information to another interception agency
for the investigation of a relevant offence or other relevant purposes. These provisions are
consistent with existing provisions in the TIA Act and the use and communication will not be
unlawful, as it will be sanctioned under the TIA Act.
This use and communication will not be arbitrary, as it will serve the legitimate purpose of the
investigation and prosecution of serious crime and corruption and is subject to detailed provisions in
the TIA Act.
The Bill amends the TIA Act to include the VI as an eligible authority. This will allow the VI to
receive, use and disclose existing intercepted information from other interception agencies for the
purpose of investigating complaints against the IBAC and IBAC personnel.
The amendments to the Crimes Act 1914 will allow constables or Commonwealth officers to share
documents or things with IBAC to use for the specific purposes set out in subsection 3ZQU(5) of
the Crimes Act 1914, including preventing, investigating or prosecuting an offence against a law of
a State or Territory.
The amendments to the Taxation Administration Act 1953 will allow the Australian Taxation Office
to disclose taxpayer protected information to the IBAC for law enforcement purposes (such as
investigating serious offences and enforcing the law).
The amendments to the Privacy Act 1988 will include the IBAC within the definition of
`enforcement body' which is used in the National Privacy Principles in relation to the law
enforcement exemptions to the use and disclosure, and access and correction obligations.
Enforcement Agencies
The TIA Act restricts access to stored communications content and telecommunications data to
enforcement agencies as defined in the TIA Act.
The Bill would allow the IBAC to access stored communication and authorise the disclosure of
telecommunications data subject to meeting the thresholds for access contained within the TIA Act.
Record-keeping and Report
The IBAC will be subject to the existing record-keeping and reporting obligations as section 35 of
the TIA Act requires that these obligations be satisfied prior to a declaration by the
Attorney-General that an eligible authority be an interception agency. These include requiring
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regular inspection of records to ensure compliance with the TIA Act as well as regular reporting to
the responsible Minister. Agencies must also report annually to the Attorney-General on the
effectiveness of warrants.
Article 19 - freedom of expression
Article 19 of the ICCPR deals with freedom of expression. Article 19 of the ICCPR provides that
everyone shall have the right to freedom of expression. However, this right is subject to certain
restrictions, including the protection of national security or public order. Protection of public order
includes law enforcement.
The provisions in the Bill allowing the IBAC to intercept communications may indirectly affect the
right to freedom of expression in that some persons may be more reluctant to use
telecommunications services.
However, the provisions are reasonably necessary and proportionate for the protection of public
order, in particular enforcement of the law. The IBAC will only be able to access a person's
communication for the purpose of investigating a serious offence. Use and communication of
information intercepted under warrant by IBAC will only be permitted in circumstances set out in
the TIA Act, including the investigation or prosecution of a prescribed offence.
Conclusion
The Bill is compatible with human rights. To the extent that the Bill may limit human rights, those
limitations are reasonable, necessary and proportionate.
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NOTES ON CLAUSES
Clause 1 Short title
Clause 1 is a formal provision specifying the short title of the Bill. It provides that when the Bill is
enacted, it be cited as the Telecommunications Interception and Other Legislation Amendment
(State Bodies) Act 2012.
Clause 2 Commencement
Clause 2 provides for when the various parts of the Act are to commence.
Schedule 1, items 1 to 28 commence on the later of the day after this Act receives the Royal Assent
and the day that section 16 of the Independent Broad-based Anti-corruption Commission
Amendment (Investigative Functions) Act 2012 of Victoria (the IBAC Amendment Act)
commences. Section 16 of the IBAC Amendment Act repeals the Police Integrity Act 2008 of
Victoria and therefore, is the date from which the IBAC will be able to exercise its functions in
relation to police integrity. Until that time, OPI continues to fulfil this role. Items 1-28 will not
commence if section 16 of the IBAC Amendment Act does not commence.
Transitional provisions in Schedule 1, items 29 and 30 commence on the later of the day after this
Act receives the Royal Assent and the day the IBAC Amendment Act receives the Royal Assent.
Item 29 will allow the OPI to make available to the IBAC a thing or a document previously shared
with the OPI by a constable or Commonwealth officer under subsection 3ZQU(5) of the Crimes Act
1914. Item 30 will allow the OPI to disclose information to the Commissioner of the IBAC after
the IBAC Amendment Act commences but prior to the repeal of the Police Integrity Act 2008 of
Victoria and the abolition of the OPI. However, items 29 and 30 do not commence if the IBAC
Amendment Act does not receive the Royal Assent.
Transitional provisions in Schedule 1, items 31 to 36 commence on the later of the day after this
Act receives the Royal Assent and the day that section 16 of the IBAC Amendment Act
commences. Section 16 of the IBAC Amendment Act repeals the Police Integrity Act 2008 of
Victoria and therefore, is the date from which the IBAC will be able exercise its functions in
relation to police integrity. However, the provisions do not commence if section 16 of the IBAC
Amendment Act does not commence.
Transitional provision in Schedule 1, item 37 commences on the later of the day after this Act
receives the Royal Assent and the day the IBAC Amendment Act receives the Royal Assent. This
will allow the Director of the OPI to communicate information to the IBAC after the
IBAC Amendment Act commences but prior to repeal of the Police Integrity Act 2008 of Victoria.
However, the provision does not commence if the IBAC Act does not receive the Royal Assent.
Transitional provisions in Schedule 1, items 38 to 40 commence on the later of the day after this
Act receives the Royal Assent, the day that Schedule 1 to the Cybercrime Legislation Amendment
Act 2012 commences and the day section 16 of the IBAC Amendment Act commences. However,
the provisions do not commence if Schedule 1 to the Cybercrime Legislation Amendment Act 2012
or section 16 of the IBAC Amendment Act do not commence.
Transitional provision, Schedule 1, item 41 commences the later of the day after this Act receives
the Royal Assent, the day that Schedule 1 to the Cybercrime Legislation Amendment Act 2012
commences and the day the IBAC Amendment Act receives the Royal Assent. However, the
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provisions do not commence if Schedule 1 to the Cybercrime Legislation Amendment Act 2012
does not commence or the IBAC Act does not receive the Royal Assent.
Transitional provision, Schedule 1, item 42 commences the later of the day after this Act receives
the Royal Assent and the day section 16 of the IBAC Amendment Act commences. However, the
provisions do not commence if section 16 of the IBAC Amendment Act does not commence.
The provisions relating to the Victorian Inspectorate in Schedule 2 commence immediately after the
commencement of the provision(s) in Schedule 1, items 1 to 28 relating to the Victorian IBAC.
The provisions relating to the Victorian PIM in Schedule 3 commence the later of the day after this
Act receives the Royal Assent and the day Part 7 of the Public Interest Monitor Act 2011 of
Victoria (PIM Act) commences. Part 7 of the PIM Act amends the Telecommunications
(Interception) (State Provisions) Act 1988 of Victoria to allow the PIM to exercise functions
relating to interception applications. However, the provisions do not commence if PIM Act does
not commence.
Clause 3 Schedule
Clause 3 provides that each Act that is specified in a Schedule is amended or repealed as set out in
the relevant Schedule, and any other item in a Schedule to this Act has effect according to its terms.
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Schedule 1 - Independent Broad-based Anti-corruption Commission
Part 1 - Amendments
Crimes Act 1914
Item 1 - Subsection 3ZQU(7) (paragraph (e) of the definition of State or Territory law
enforcement agency)
Paragraph 3ZQU(5)(a) of the Crimes Act 1914 (the Crimes Act) allows a constable or
Commonwealth officer to make a thing seized under Part 1AA of the Crimes Act or a document
produced under Division 4B of the Crimes Act available to a State or Territory law enforcement
agency, to be used by that agency for a number of purposes referred to in subsection 3ZQU(5) of
the Crimes Act. Paragraph 3ZQU(7)(a) of the Crimes Act includes the Office of Police Integrity
(OPI) in the definition of a State or Territory law enforcement agency.
Item 1 repeals paragraph 3ZQU(7)(e) of the Crimes Act. This removes the reference to the OPI and
substitutes it with a reference to the Independent Broad-based Anti-corruption Commission
(IBAC). This will enable a constable or Commonwealth officer to make a thing seized under Part
1AA of the Crimes Act or a document produced under Division 4B of the Crimes Act available to
the IBAC, to be used by the IBAC for the purposes referred to in subsection 3ZQU(5) of the Crimes
Act.
Privacy Act 1988
Item 2 - Subsection 6(1) (paragraph (ka) of the definition of enforcement body)
Subsection 6(1) of the Privacy Act 1988, defines `enforcement body' by reference to a number of
Commonwealth, State and Territory government agencies responsible for enforcing laws or
protecting public revenue. The term `enforcement body' is used in the National Privacy Principles
contained in Schedule 3 to the Act, and appears in relation to the law enforcement exemptions to the
use and disclosure, and access and correction obligations, in those National Privacy Principles.
Item 2 amends the Privacy Act 1988 to make the IBAC an enforcement agency under that Act and
to remove the Office of Police Integrity from that Act to reflect the passage of Victorian legislation
that establishes the IBAC and abolishes the OPI.
Taxation Administration Act 1953
Item 3 - Paragraph 355-70(4)(i)
The Taxation Administration Act 1953 allows the Australian Taxation Office to disclose taxpayer
protected information to a range of specific law enforcement agencies for law enforcement purposes
(such as investigating serious offences and enforcing the law).
Item 3 amends subsection 355-70(4) of the Taxation Administration Act 1953 to reflect the passage
of Victorian legislation that establishes the IBAC and abolishes the OPI.
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Telecommunications (Interception and Access) Act 1979
Item 4 - Subsection 5(1) (paragraph (ea) of the definition of certifying officer)
The definition of `certifying officer' in paragraph 5(1)(ea) of the TIA Act refers to both a
designated officeholder who is authorised under the TIA Act to perform certain functions and
persons who are authorised in writing by that designated officeholder to perform certain functions
on their behalf.
Item 4 replaces paragraph 5(1)(ea) to amend the definition of `certifying officer' to reflect the
establishment of the IBAC and abolition of the OPI in the State of Victoria.
Item 5 - Subsection 5(1) (paragraph (eb) of the definition of chief officer)
The definition of `chief officer' in paragraph 5(1)(eb) of the TIA Act refers to the designated
officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State
who has certain functions under the TIA Act in relation to that agency or authority.
Item 5 amends the definition of `chief officer' to reflect the passage of Victorian legislation that
establishes the IBAC and abolishes the OPI. This amendment ensures that the functions under the
TIA Act that applied to the Director, Policy Integrity will apply to the Commissioner of the IBAC.
Item 6 - Subsection 5(1) (definition of Director, Police Integrity)
Item 6 removes the definition of `Director, Police Integrity' from subsection 5(1) of the TIA Act,
made redundant through the commencement of the IBAC Amendment Act and the abolition of the
OPI.
Item 7 - Subsection 5(1) (paragraph (ba) of the definition of eligible authority)
Under section 34 of the TIA Act, the Minister may, by legislative instrument and, at the request of
the Premier of a State, declare an eligible authority of that State to be an agency for the purposes of
the Act.
Item 7 amends the current definition of `eligible authority' to reflect the passage of Victorian
legislation that establishes the IBAC and abolishes the OPI. This amendment identifies the IBAC
as being an eligible authority meaning the Minister can declare the IBAC to be an interception
agency where the preconditions for declaration set out in section 35 of the TIA Act are met.
Item 8 - Subsection 5(1) (paragraph (h) of the definition of enforcement agency)
The definition of `enforcement agency' in paragraph 5(1)(h) refers to the Commonwealth and State
agencies who can exercise the powers and responsibilities of enforcement agencies under the TIA
Act. These powers include the ability to apply for a stored communications warrant under section
110 of the TIA Act and to authorise disclosure of telecommunications data under sections 178, 179
and 180 of the TIA Act.
Item 8 amends the current definition of `enforcement agency' to reflect the passage of Victorian
legislation that establishes the IBAC and abolishes the OPI.
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Item 9 - Subsection 5(1)
Following the passage of legislation in the State of Victoria that established the Independent
Broad-based Anti-corruption Commission (IBAC), Item 9 inserts a new definition of `IBAC' into
subsection 5(1) of the TIA Act. IBAC is defined to mean the Independent Broad-based
Anti-corruption Commission established by the Independent Broad-based Anti-corruption
Commission Act 2011 (IBAC Act) of Victoria.
Item 10 - Subsection 5(1)
Item 10 inserts a new definition of the `IBAC Act' into subsection 5(1) of the TIA Act. The
IBAC Act is defined to mean the Independent Broad-based Anti-corruption Commission Act 2011
of Victoria.
Item 11 - Subsection 5(1)
Item 11 inserts a new definition of `IBAC officer' into subsection 5(1) of the TIA Act. An IBAC
officer is defined to mean a person who is an IBAC Officer within the meaning of the IBAC Act of
Victoria.
Item 12 - Subsection 5(1) (definition of member of the staff of the Office of Police Integrity)
Item 12 removes the definition of `member of staff of the Office of Police Integrity' from
subsection 5(1) of the TIA Act, made redundant through the passage of Victorian legislation that
establishes the IBAC and abolishes the OPI.
Item 13 - Subsection 5(1) (definition of Office of Police Integrity)
Item 13 removes the definition of `Office of Police Integrity' from subsection 5(1) of the TIA Act,
made redundant through the introduction of the passage of Victorian legislation that establishes the
IBAC and abolishes the OPI.
Item 14 - Subsection 5(1) (paragraph (eb) of the definition of officer)
The definition of `officer' in paragraph 5(1)(eb) of the TIA Act refers to the designated officeholder
of an agency, an eligible Commonwealth authority or an eligible authority of a State who has
certain functions under the TIA Act in relation to that agency or authority.
Item 14 amends the definition of `officer' to reflect the passage of Victorian legislation that
establishes the IBAC and abolishes the OPI. This amendment ensures that the functions under the
TIA Act that applied to an officer of the Office of Police Integrity will apply to a person who is an
IBAC officer within the meaning of the IBAC Act.
Item 15 - Subsection 5(1) (paragraph (f) of the definition of permitted purpose)
The definition of `permitted purpose' in subsection 5(1) of the TIA Act refers to the circumstances
in which an eligible Commonwealth or State authority can communicate, use or make a record of
lawfully intercepted information or interception warrant information under the TIA Act. The
circumstances include the functions of each eligible authority as set out in their governing
legislation.
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Item 15 amends the definition to replace the references to the OPI with the IBAC and its functions
as set out in the IBAC Act. Under the IBAC Act the IBAC has broader responsibilities than the
OPI. This amendment will permit the IBAC to communicate, use or make a record of lawfully
intercepted information or interception warrant information for the investigation of corrupt conduct
or police personnel conduct (both within the meaning of the IBAC Act) as well as by a report
(including a special report) or recommendation resulting from these investigations.
Item 16 - Subsection 5(1) (definition of Police Integrity Act)
Item 16 removes the definition of `Police Integrity Act' from subsection 5(1) of the TIA Act.
Item 17 - Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation)
The definition of `prescribed investigation' in subsection 5(1) of the TIA Act refers to the
circumstances in which an investigation is prescribed in relation to an eligible authority and as a
result is an investigation of an offence for the purposes of section 6A of the TIA Act.
Item 17 amends paragraph 5(1)(cb) of the TIA Act to replace the reference to the OPI and
investigations in the performance of the Director, Police Integrity's functions with the IBAC and
investigations that the IBAC is conducting in the performance of its functions under the IBAC Act.
Item 18 - Subsection 5(1) (paragraph (eb) of the definition of relevant offence)
The definition of `relevant offence' in subsection 5(1) of the TIA Act refers to the offences for
which the chief officer of an agency can communicate information obtained by the agency to an
eligible authority under section 68 of the TIA Act.
Item 18 replaces the OPI in the definition of relevant offence with the IBAC to ensure that the
IBAC can disclose or receive existing information that relates, or appears to relate, to the
commission of a relevant offence.
Item 19 - Subsection 5(1) (definition of Whistleblowers Protection Act)
Item 19 removes the definition of `Whistleblowers Protection Act' from subsection 5(1) of the
TIA Act.
Item 20 - Subsection 5AC(7)
Subsection 5AC(7) of the TIA Act expressly confers powers on designated officers to authorise
other persons to act on their behalf as a `certifying officer' for the purposes of the TIA Act.
Item 20 amends the subsection to ensure that the Commissioner of the IBAC can authorise, in
writing, an IBAC officer who occupies an office or position at an equivalent level to that of an
executive (within the meaning of the Public Administration Act 2004 of Victoria) to be a certifying
officer of the IBAC for the purposes of the TIA Act.
Item 21 - Paragraph 5B(1)(i)
Under section 74 of the TIA Act, a person may give lawfully intercepted information (other than
foreign intelligence information) in evidence in an exempt proceeding. Subsection 5B(1) of the
TIA Act defines `exempt proceeding'.
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Item 21 amends the current definition of `exempt proceeding' to reflect the passage of Victorian
legislation that establishes the IBAC and abolishes the OPI.
Item 22 - Subparagraph 6A(1)(c)(viii)
Subsection 6A(1) of the TIA Act defines the meaning of an `investigation of an offence'.
Item 22 amends the current definition of an `investigation of an offence' at subparagraph
6A(1)(c)(viii) of the TIA Act to reflect the passage of Victorian legislation that establishes the
IBAC and abolishes the OPI.
Item 23 - Paragraph 6L(2)(ba)
Subsection 6L(2) of the TIA Act defines the meaning of `relevant proceeding'.
Item 23 amends the current definition of `relevant proceeding' at subparagraph 6L(2)(ba) to reflect
the passage of Victorian legislation that establishes the IBAC and abolishes the OPI.
Item 24 - Paragraph 39(2)(ea)
Subsection 39(2) lists the classes of persons within an agency who are eligible to make an
interception warrant application on behalf of the agency.
Item 24 amends paragraph 39(2)(ea) to reflect the passage of Victorian legislation that establishes
the IBAC and abolishes the OPI.
Item 25 - Paragraph 68(ec)
Section 68 of the TIA Act provides that a chief officer of an agency may communicate lawfully
intercepted information that was obtained by that agency or interception warrant information in
prescribed circumstances.
Item 25 amends paragraph 68(ec) of the TIA Act to include the IBAC. This means that the chief
officer of an agency can communicate to the Commissioner of the IBAC lawfully intercepted
information that was originally obtained by the originating agency or interception warrant
information if the information relates, or appears to, relate to a matter that may give rise to an
investigation by the Commissioner of the IBAC.
Part 2 - Application and transitional provisions
Item 26 - Interpretation
Item 26 provides that the definition of `Principal Act' in Part 2 of Schedule 1 of this Bill means the
Telecommunications (Interception and Access) Act 1979.
Item 27 - Application of item 1
Item 27 is an application provision. Item 1 will include the IBAC in the definition of a State or
Territory law enforcement agency for the purposes of subsection 3ZQU(5) of the Crimes Act. Item
27 clarifies that a document produced or an item seized before, on or after the commencement of
Item 1 can be provided to the IBAC on or after the commencement of Item 27.
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This will mean that a constable or Commonwealth officer can share a document or seized item with
the IBAC even if the document or item was produced or seized prior to the inclusion of the IBAC in
the definition of State or Territory law enforcement agency in paragraph 3ZQU(7)(e) of the Crimes
Act.
Item 28 - Application of items 2 and 3
Item 28 is an application provision. It clarifies that Items 2 and 3 of this Schedule apply to any
disclosures made or information acquired by the OPI under the Privacy Act 1988 or the Taxation
Administration Act 1953 on or after the commencement of this item.
Item 29 - Things shared with Office of Police Integrity under the Crimes Act 1914
Item 29 is a transitional provision. Sub-item 29(1) provides that the item applies to things or
documents that were made available to the OPI before, on or after the commencement of this item.
This item commences on the later of the day this Act receives Royal Assent and the day the IBAC
Amendment Act receives Royal Assent.
Sub-item 29(2) allows the OPI to share the things or documents referred to in sub-item 29(1) with
the IBAC, on or after the commencement of this item. The thing or document may then only be
used by the IBAC for the purposes mentioned in subsection 3ZQU(5) of the Crimes Act, which
includes preventing, investigating or prosecuting an offence against a law of a State or Territory.
This ensures the IBAC has access to such material to support investigations.
Item 30 - Information disclosed to Office of Police Integrity under the Taxation
Administration Act 1953
Item 30 is a transitional provision. It provides that an officer of OPI may disclose information
which was disclosed to it under an exception in subdivision 355B of the Taxation Administration
Act 1953 to the IBAC for a purpose specified in the exception or in connection with a purpose
specified in the exception.
Item 31 - Transitioning actions etc. of Office of Police Integrity
Sub item (1) of Item 31 provides that any actions, activities or functions undertaken by the OPI
under the TIA Act before the provisions relating to the IBAC commence continue to have effect as
if they were undertaken or authorised by the IBAC. These provisions ensure that investigations on
foot and requirements under the TIA Act applicable at the time the Police Integrity Act 2008 of
Victoria is repealed continue to have effect.
Sub item (2) of Item 30 provides that items 32-36 and 38-40 do not limit sub item (1) of Item 31.
Item 32 - Warrants issued to Office of Police Integrity
Item 32 provides that a warrant issued to the OPI under the TIA Act before the commencement of
this item, that was in force immediately before the commencement of this item, will remain in force
(and may be dealt with) on and after the commencement of this provision as if it had been issued to
the IBAC. This ensures that a warrant issued to the OPI remains valid notwithstanding the abolition
of the Office of Police Integrity under the IBAC Amendment Act.
This provision applies to both interception warrants and stored communication warrants.
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Item 33 - Authorisations made by Office of Police Integrity
Item 33 provides that an authorisation made by an authorised officer of the Office of Police
Integrity under Division 4 of Part 4-1 of the TIA Act before the commencement of this item, that
was in force immediately before the commencement of this item, will remain in force (and may be
dealt with) on and after the commencement of this provision as if it had been made by an authorised
officer of the IBAC. This ensures that an authorisation issued by the Office of Police Integrity
remains valid notwithstanding the abolition of the Office of Police Integrity under the IBAC
Amendment Act.
Item 34 - Evidentiary certificates for actions of officers etc. of Office of Police Integrity
Item 34 provides that an evidentiary certificate issued by a certifying officer of the Office of Police
Integrity under sections 61, 130 or 185C of the TIA Act before the commencement of this item, that
was in force immediately before the commencement of this item, will remain in force (and may be
dealt with) on and after the commencement of this provision as if it had been issued by a certifying
officer of the IBAC. This ensures that evidentiary certificates issued by the Office of Police
Integrity remain valid notwithstanding the abolition of the Office of Police Integrity under the
IBAC Amendment Act.
Item 35 - Evidentiary certificates for warrants issued to Office of Police Integrity
Item 35 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or
a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate
under sections 61 or 129 of the TIA Act, after the commencement of this item, in relation to acts or
things done, before that commencement, to enable the execution of a warrant issued to the Office of
Police Integrity before that commencement. Such an evidentiary certificate may be dealt with as if
it had been issued in relation to a warrant issued to the IBAC.
Item 36 - Evidentiary certificates for authorisations made by Office of Police Integrity
Item 36 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or
a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate
under section 185A of the TIA Act, after the commencement of this item, in relation to acts or
things done, before that commencement, to enable the disclosure of information or documents
covered by an authorisation made by the Office of Police Integrity under Division 4 of Part 4-1 of
the TIA Act before that commencement. Such an evidentiary certificate may be dealt with as if it
had been issued in relation to an authorisation issued to the IBAC.
Item 37 - Information intercepted etc. by Office of Police Integrity
Sub item 37(1) provides that the Director, Police Integrity may communicate to the IBAC, any
information acquired by the OPI under the TIA Act which is in the OPI's possession before, on or
after the commencement of this item.
Information may include:
a) Lawfully intercepted information;
b) Interception warrant information;
c) Lawfully accessed information;
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d) Stored communications warrant information;
e) Information or documents voluntarily disclosed to the OPI under section 177 of the
TIA Act; and
f) Information or documents disclosed under an authorisation made under Division 3 or 4 of
Part 4-1 of the TIA Act.
Sub item 37(2) provides that nothing in the TIA Act prevents the Director, Police Integrity from
communicating that information to the IBAC, on or after that commencement.
Item 38 - Preservation notices issued by Office of Police Integrity
Item 38 provides that a domestic preservation notice for the preservation of stored communications,
issued by the Office of Police Integrity under the TIA Act before the commencement of this item,
that was in force immediately before commencement continues to be in force (and may be dealt
with) on and after that commencement as if it had been issued by the IBAC. This ensures that a
preservation notice issued by the Office of Police Integrity remains valid notwithstanding the
abolition of the Office of Police Integrity under the IBAC Amendment Act.
Item 39 - Evidentiary certificates for preservation notices relating to actions of officers etc. of
Office of Police Integrity
Item 39 provides that an evidentiary certificate issued by a certifying official of the Office of Police
Integrity under section 107U of the TIA Act before the commencement of this item, that was in
force immediately before the commencement of this item, will remain in force (and may be dealt
with) on and after the commencement of this provision as if it had been issued by a certifying
official of the IBAC. This ensures that an evidentiary certificate issued by the Office of Police
Integrity remains valid notwithstanding the abolition of the Office of Police Integrity under the
IBAC Amendment Act.
Item 40 - Evidentiary certificates for preservation notices issued by Office of Police Integrity
Item 40 provides that the Managing Director or secretary, or an authorised employee, of a carrier, or
a body corporate of which the carrier is a subsidiary, may issue a written evidentiary certificate
under section 107T of the TIA Act, after the commencement of this item, in relation to acts or
things done, before that commencement, to enable compliance with a preservation notice issued by
the Office of Police Integrity before that commencement. Such an evidentiary certificate may be
dealt with as if it had been issued in order to comply with a preservation notice issued by the IBAC.
Item 41 - Preservation notice information obtained by Office of Police Integrity
Sub item 41(1) provides that this item applies to preservation notice information which was
acquired by the Office of Police Integrity before, on or after the commencement of this item.
Sub item 41(2) provides that nothing in the TIA Act prevents the Director, Police Integrity from
communicating preservation notice information to the IBAC.
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Item 42 - Regulations
Item 42 provides that the Governor-General may make regulations in relation to transitional, saving
or application matters that relate to the operation of the TIA Act and arise out of the abolition of the
Office of Police Integrity or the inclusion of the IBAC as an eligible authority and an enforcement
agency for the purposes of the TIA Act.
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Schedule 2 - Victorian Inspectorate
Items 1, 3, 8, 9 and 10 - Subsection 5(1)
The definition of `chief officer' in subsection 5(1) of the TIA Act refers to the designated
officeholder of an agency, an eligible Commonwealth authority or an eligible authority of a State
who has certain functions under the TIA Act in relation to that agency or authority. Item 1 amends
the definition of `chief officer' to include the Inspector of the Victorian Inspectorate.
Items 3, 8, 9 and 10 insert new definitions into subsection 5(1) of the TIA that define the terms
`Inspector of the Victorian Inspectorate', `Victorian Inspectorate', `Victorian Inspectorate Act' and
`Victorian Inspectorate officer'.
The Inspector of the Victorian Inspectorate means the Inspector referred to in section 14 of the
Victorian Inspectorate Act and a Victorian Inspectorate officer means a Victorian Inspectorate
Officer within the meaning of the Victorian Inspectorate Act. The Victorian Inspectorate (VI)
means the Victorian Inspectorate established under the Victorian Inspectorate Act, which is the
Victorian Inspectorate Act 2011 of Victoria.
Item 2 - Subsection 5(1) (paragraph (ba) of the definition of eligible authority)
Under section 34 of the TIA Act, the Minister may, by legislative instrument and, at the request of
the Premier of a State, declare an eligible authority of that State to be an agency for the purposes of
the Act. Item 2 amends the current definition of `eligible authority' to reflect the passage of
Victorian legislation that establishes the VI.
Item 4 - Subsection 5(1) (after paragraph (eb) of the definition of officer)
The definition of `officer' in subsection 5(1) of the TIA Act refers to the designated officeholder of
an agency, an eligible Commonwealth authority or an eligible authority of a State who has certain
functions under the TIA Act in relation to that agency or authority. Item 4 amends the definition of
`officer' to reflect the establishment of the VI under the Victorian Inspectorate Act 2011 of
Victoria. This amendment ensures that functions under the TIA Act that apply to an officer will
apply to a Victorian Inspectorate officer.
Item 5 - Subsection 5(1) (after paragraph (f) of the definition of permitted purpose)
The definition of `permitted purpose' in subsection 5(1) of the TIA Act refers to the circumstances
in which an eligible Commonwealth or State authority can communicate, use or make a record of
lawfully intercepted information or interception warrant information under section 67 of the TIA
Act. The circumstances include the functions of each eligible authority as set out in their governing
legislation.
Item 6 - Subsection 5(1) (after paragraph (cb) of the definition of prescribed investigation)
The definition of `prescribed investigation' in subsection 5(1) of the TIA Act refers to the
circumstances in which an investigation is prescribed in relation to an eligible authority and as a
result is an investigation of an offence for the purposes of section 6A of the TIA Act.
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Item 6 inserts a new paragraph 5(1)(cc) after paragraph (cb) of the definition of prescribed
investigation to include an investigation that the VI is conducting in the performance of its
functions under the Victorian Inspectorate Act.
Item 7 - Subsection 5(1) (after paragraph (eb) of the definition of relevant offence)
The definition of `relevant offence' in subsection 5(1) of the TIA Act refers to the offences for
which the chief officer of an agency can communicate information obtained by the agency to an
eligible authority under section 68 of the TIA Act.
Item 7 inserts new paragraph 5(1)(ec) after paragraph (eb) of the definition of relevant offence to
ensure that the VI can receive information that relates, or appears to relate, to the commission of a
prescribed offence that is an offence against the law of Victoria and to which a prescribed
investigation relates.
Item 11 - After paragraph 5B(1)(i)
Under section 74 of the TIA Act, a person may give lawfully intercepted information (other than
foreign intelligence information) in evidence in an exempt proceeding. Subsection 5B(1) of the
TIA Act defines `exempt proceeding'.
Item 11 amends the current definition of `exempt proceeding' to include a proceeding of the
Victorian Inspectorate following the passage of the Victorian Inspectorate Act.
Item 12 - After subparagraph 6A(1)(c)(viii)
Subsection 6A(1) of the TIA Act defines the meaning of an `investigation of an offence'.
Item 12 amends the current definition to include reference to the VI by inserting subparagraph
6A(1)(c)(ix) into the TIA Act following the passage of the Victorian Inspectorate Act.
Item 13 - Paragraph 6L(2)(ba)
Subsection 6L(2) of the TIA Act defines the meaning of `relevant proceeding'.
Item 13 amends subsection 6L(2)(ba) of the TIA Act to include the VI in the definition of a relevant
proceeding in relation to an agency, or an eligible authority of a State, following the passage of the
Victorian Inspectorate Act.
Item 14 - After paragraph 68(ec)
Section 68 of the TIA Act provides that a chief office of an agency may communicate lawfully
intercepted information that was obtained by that agency or interception warrant information in
prescribed circumstances.
Item 14 amends section 68 of the TIA Act to insert subparagraph (ed) to include the VI. This
means that the chief officer of an agency can communicate to the VI lawfully intercepted
information that was originally obtained by the originating agency or interception warrant
information if the information relates, or appears to, relate to a matter that may give rise to an
investigation by the VI.
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Schedule 3 - Public Interest Monitor
Part 1 - Amendments
Telecommunications (Interception and Access Act 1979)
Schedule 3 amends the TIA Act to enable the Victorian PIM to access relevant information and to
appear at applications for interception warrants by Victorian agencies.
Telecommunications (Interception and Access Act 1979)
Item 1 - Subsection 5(1) (definition of deputy PIM)
Subsection 5(1) of the TIA Act defines `deputy PIM' to mean a person appointed as a deputy
public interest monitor appointed under either or both of the Crime and Misconduct Act 2001 of
Queensland and the Police Powers and Responsibilities Act 2000 of Queensland.
Victoria has recently established a PIM under the Public Interest Monitor Act 2011 of Victoria, who
has oversight functions in relation to several Acts, including the Telecommunications
(Interception)(State Provisions) Act 1998 of Victoria.
Item 1 inserts the words, " in relation to Queensland," into the definition of `deputy PIM' to clarify
that the definition of `deputy PIM' only applies in relation to Queensland, and not Victoria.
Item 2 - Subsection 5(1) (definition of PIM)
Subsection 5(1) of the TIA Act defines the `PIM' to mean a public interest monitor appointed under
either or both of the Crime and Misconduct Act 2001 of Queensland and the Police Powers and
Responsibilities Act 2000 of Queensland.
Victoria has recently established a PIM under the Public Interest Monitor Act 2011 of Victoria, who
has oversight functions in relation to several Acts, including the Telecommunications
(Interception)(State Provisions) Act 1998 of Victoria.
Item 2 inserts a new definition of `PIM' into subsection 5(1) of the TIA Act. PIM is defined to
mean a person appointed under the relevant legislation in either Victoria or Queensland.
Item 3 - Paragraph 35(1)(ha)
Section 35 of the TIA Act sets out preconditions that must be met by State legislation before the
Minister may declare, under section 34, an eligible authority to be an agency for the purposes of the
TIA Act. Paragraph 35(1)(ha) requires that a person who performs a function or exercises a power
under new section 45 must not carry out inspections of the records of eligible authorities. This is to
ensure that under State legislation the functions of a PIM and the function of inspecting interception
agencies' records are carried out by separate bodies.
Item 3 inserts the words "44A or" after "section" in paragraph 35(1)(ha). This will provide that, as
is the case with the Queensland PIM, the Victorian PIM cannot inspect the records of its State's
eligible authorities. That role is to be undertaken by the VI as provided for in Schedule 2 to the
Bill.
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Item 4 - After section 44
Division 3 of Part 2-5 of Chapter 2 of the TIA Act deals with applications for interception warrants
that authorise agencies to intercept communications. Section 39 of the TIA Act sets out the
conditions an eligible agency must meet in order to apply for an interception warrant.
Item 4 inserts new section 44A after section 44 of the TIA Act.
New section 44A provides the ability for the Victorian PIM to make submissions to interception
warrant issuing authorities or to question certain persons if a Victorian interception agency applies
to an eligible Judge or nominated AAT member for an interception warrant under section 39 of the
TIA Act.
New subsection 44A(1) provides the scope of the PIM's powers under section 44A, which apply
when a Victorian interception agency applies to a Judge or nominated AAT member for an
interception warrant.
New subsection 44A(2) sets out the issues on which the Victorian PIM may make submissions to
the eligible Judge or nominated AAT member.
New paragraph 44A(2)(a) provides that in relation to an application for a telecommunications
service interception warrant, the PIM may make submissions in relation to the matters at paragraphs
46(2)(a) - (f) to which the an eligible Judge or nominated AAT member must have regard to when
deciding whether or not to issue a warrant. The Victorian PIM may be present when a Victorian
interception agency applies for an interception warrant in order to make oral or written submissions
to the eligible Judge or nominated AAT member.
New paragraph 44A(2)(b) provides that in relation to an application for a named person service
interception warrant, the Victorian PIM may make submissions in relation to the matters at
paragraphs 46A(2)(a) - (f) to which the eligible Judge or nominated AAT member must have
regard to when deciding whether or not to issue a warrant.
New subsection 44A(3) provides that for the purposes of making submissions under subsection
44A(2) a Victorian PIM may question certain persons in the presence of the eligible Judge or
nominated AAT member.
New paragraph 44A(3)(a) provides that the Victorian PIM may question the person making the
application for warrant on behalf of the agency.
New paragraph 44A(3)(b) provides that the Victorian PIM may question a person who, in
connection with an application for a warrant, is required to give information under oath to the
eligible Judge or nominated AAT member pursuant to section 44 of the TIA Act.
Item 5 - Subsection 45(2)
Item 5 amends subsection 45(2) to clarify that section 45 applies only in respect of the Queensland
PIM and interception warrant applications made by Queensland interception agencies.
Item 6 - Subsection 45(3)
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Item 6 amends subsection 45(3) to clarify that section 45 applies only in respect of the Queensland
PIM and interception warrant applications made by Queensland interception agencies.
Item 7 - Subsections 45(4) and (5)
Item 7 repeals existing subsections 45(4) and (5) and substitutes new subsections 45(4) and (5).
New subsection 45(4) provides the same substantive power for the Queensland PIM to delegate
their powers to a deputy, provided the delegation is in writing, as in the repealed subsection 45(4).
The amendment is necessary to clarify that the provision applies only to the Queensland PIM and
not to the PIM of another State.
New subsection 45(5) provides the same substantive requirement that a Queensland deputy PIM
must comply with any directions of a Queensland PIM, as the repealed subsection 45(5). The
amendment is necessary to clarify that the provision applies only to the Queensland PIM and not to
the PIM of another State.
Item 8 - Section 45A
Section 45A of the TIA Act states that the TIA Act is not intended to affect the operation of
Queensland law which authorises or requires the PIM to be provided with certain notification,
information or documentation in relation to a proposed, or actual, interception warrant application.
Item 8 repeals existing section 45A and substitutes a new section 45A that covers both Queensland
and Victorian law.
New section 45A preserves the validity of any Queensland or Victorian law that requires
Queensland or Victorian interception agencies to notify the PIM of an intention to apply for an
interception warrant and to provide relevant information, or which requires Queensland or Victorian
interception agencies to notify the PIM that an actual application will be made and to provide the
PIM with relevant information.
New section 45A provides that nothing in the TIA Act can prevent the applicant from notifying the
PIM of any application or proposed application or giving any document that relates to an
application or proposed application to the PIM of that State, provided that the notifications or giving
of documents is consistent with Victorian or Queensland State law.
Item 9 - After paragraph 46(2)(f)
Subsection 46(2) of the TIA Act set out an exhaustive list of matters to which an eligible Judge or
nominated AAT member must have regard when considering whether to issue a warrant.
Item 9 inserts new paragraph 46(2)(fa) into subsection 46(2) of the TIA Act.
New paragraph 46(2)(fa) provides that when deciding whether or not to issue a telecommunications
service interception warrant to a Victorian interception agency, the eligible Judge or nominated
AAT member must have regard to any submissions made by the Victorian PIM.
Item 10 - Paragraph 46(2)(g)
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Item 10 amends paragraph 46(2)(g) to clarify that paragraph 45(2)(g) applies only in respect of the
Queensland PIM and telecommunications service interception warrant applications made by
Queensland interception agencies.
Item 11 - After paragraph 46A(2)(f)
Subsection 46A(2) of the TIA Act set out an exhaustive list of matters to which the eligible Judge or
nominated AAT member must have regard when considering whether to issue a warrant.
Item 11 inserts new paragraph 46A(2)(fa) into subsection 46A(2) of the TIA Act.
New paragraph 46A(2)(fa) provides that when deciding whether or not to issue a named person
warrant to a Victorian interception agency, the eligible Judge or nominated AAT member must
have regard to any submissions made by the Victorian PIM.
Item 12 - Paragraph 46A(2)(g)
Item 12 amends paragraph 46A(2)(g) to clarify that paragraph 45A(2)(g) applies only in respect of
the Queensland PIM and named person warrant applications made by Queensland interception
agencies.
Part 2 - Saving provision
Item 13 - Saving provision for Item 7
Item 7 repeals existing subsections 45(4) and (5) and substitutes new subsections 45(4) and (5).
The substituted provisions have the same purpose as the repealed provisions.
Item 13 provides that despite the repeal of subsection 45(4) of the TIA Act any delegation made by
the PIM under that subsection that was in force at the time of the repeal of previous subsection
45(4) will continue in force after the commencement of Item 7. Any such delegation will operate as
if the delegation was made for the purposes of new subsection 45(4) as amended by Schedule 3 to
this Bill.
This will ensure that the Deputy Queensland PIM's delegation will continue to operate as if
uninterrupted.
Any such saved delegation may also be dealt with as if made for the purposes of new subsection
45(4) as amended by Schedule 3 to this Bill.
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