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1998/1999/2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
TELECOMMUNICATIONS
(INTERCEPTION) LEGISLATION AMENDMENT BILL
2000
EXPLANATORY
MEMORANDUM
(Circulated
by authority of the Attorney-General,
the Honourable
Daryl Williams AM QC MP)
ISBN 0 642 42877 8
The Telecommunications (Interception) Legislation Amendment
Bill has its origins partly in the Telecommunications Interception Policy Review
(the Review) which was tabled in Parliament on 25 August 1999 and partly in
practical operational difficulties arising out of rapid change in the
telecommunications industry. The Bill amends the Telecommunications
(Interception) Act 1979 (the Interception Act) and the Australian
Security Intelligence Organisation Act 1979 :
–
(a) to enable the Inspector of the Police
Integrity Commission of New South Wales to have access to intercepted material
for the purposes of the Inspector’s statutory
functions;
(b) to provide for interception warrants
against a named person (recommendation 6 of the
Review);
(c) to provide for warrants covering foreign
communications:
(d) to remove a requirement for the
Australian Federal Police to execute certain warrants (recommendation 12 of the
Review);
(e) to provide for the use of intercepted
material in other proceedings subsequent to the proceedings in which the
material was first disclosed and in proceedings reviewing a decision to grant
bail (recommendation 3 of the Review); and
(f) to make
a number of technical, definitional and consequential amendments.
Inspector of the Police Integrity Commission
The Inspector of the Police Integrity Commission is an independent statutory office set up under the Police Integrity Commission Act 1996 of New South Wales to monitor the operations of the Police Integrity Commission for compliance with the law and to deal with complaints of impropriety against the Commission. The Inspector is an integral part of the anti-corruption scheme set up under the NSW legislation but is technically a statutory entity separate from the Commission itself. Therefore, the Interception Act requires amendment to give the Inspector independent access to relevant intercepted information.
The amendments in Schedule 1 of the Bill will enable the Inspector of the Police Integrity Commission to receive intercepted information collected by other agencies and to use that information in the performance of its statutory functions. The amendments will not allow the Inspector of the Police Integrity Commission to undertake interceptions under warrant.
Warrants
The Interception Act is currently structured around the premise that a warrant relates to one, identified telecommunications service. This premise no longer accurately reflects the modern telecommunications market. Rapid advances in technology – coupled with competition in the telecommunications market – mean that customers may now choose from a variety of services and means of communication. For example, a person may subscribe to multiple services by acquiring several pre-paid mobile telephone services which may be used in the one telephone handset, and swapped around and discarded at will. The Interception Act in its present form would require an agency wishing to intercept all of the telecommunications services used by a particular suspect to obtain a separate warrant for each service.
Schedule 2 of the Bill will amend the Interception Act to enable connections, disconnection and reconnection in rapid succession of interceptions of multiple services used by a particular suspect in connection with the same offence without the need to obtain a fresh warrant each time and to provide for the interception of foreign communications.
There will be three categories of warrant. The first category comprises telecommunications service warrants which are the warrants already available under existing provisions of the Interception Act. These will continue unchanged.
The second category of warrants comprises named person warrants and is designed to address the problem of multiple services used in connection with the activities constituting the one offence. A named person warrant will authorise the interception of any telecommunications service that the person named on the warrant uses or is likely to use during the currency of the warrant. Named person warrants will give agencies the flexibility necessary to compensate for suspects’ using multiple services in order to defeat investigation.
The new, more flexible type of warrant will not diminish the safeguards in the Interception Act. The existing procedures and criteria for the issue of a warrant and the record-keeping and reporting requirements of Parts VI and VIII respectively of the Interception Act will apply in full to named person warrants.
There will be an extra requirement that the judge or member of the Administrative Appeals Tribunal – before issuing a named person warrant – must first be satisfied that other methods of investigation, including a less intrusive telecommunications service warrant, have been considered and are either unavailable or ineffective in the circumstances.
There will also be additional reporting requirements. After the expiry of a named person warrant, the agency to which the warrant was issued will be required to report to the Minister specified information about the warrant and the interceptions conducted under its authority, including a list of the services which were intercepted under the warrant and the reasons why it was ineffective to use a telecommunications service warrant.
Named person warrants will also be available to ASIO. The Bill will enable the Attorney-General to issue named person warrants to ASIO for purposes connected with the collection of security intelligence and foreign intelligence. Before issuing a named person warrant, the Attorney-General must be satisfied that relying on a telecommunications service warrant would be ineffective to obtain the intelligence sought. ASIO will also be subject to additional reporting requirements in connection with named person warrants.
The third category of warrants comprises foreign intelligence warrants.
Foreign intelligence warrants will enable the interception of particular communications which cannot be identified by reference to specific services or named individuals. This is a feature of the sophisticated digital technologies which are increasingly dominant in modern telecommunications systems. The Bill limits the power to issue this category of warrants to interception for the purpose of collecting foreign intelligence.
Other amendments
The Bill will remove an obsolete requirement for the Australian Federal Police to execute all interception warrants which also authorise entry onto premises. For some years now agencies have executed their own interception warrants which do not require entry onto premises. The amendment will bring “interception plus entry” warrants into line with that policy. It will not affect the Australian Federal Police’s overall supervisory role in telecommunications interception through its involvement in enabling other agencies to conduct their interceptions.
The remaining amendments
will:
(a) enable one agency to execute a warrant on
behalf of another;
(b) allow intercepted information to
be used in other proceedings subsequent to the proceedings where the intercepted
material was initially lawfully disclosed;
(c) enable
intercepted information to be used in proceedings reviewing a decision to grant
bail;
(d) redefine the classes of police officers who
may certify formal documents for the purposes of the Interception Act, which has
been made necessary by restructuring of the Australian Federal Police and State
police services;
(e) remove an obsolete requirement for
the financial agreements between the Commonwealth and States covering
interception matters; and
(f) make a number of
consequential, transitional and definitional
changes.
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, except in relation to items 2 and 3 of
Schedule 3 which will commence immediately after the commencement of items 58 to
64 of Schedule 2 to the Australian Federal Police Legislation Amendment Bill
1999.
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 - The Inspector of the
Police Integrity Commission (NSW) - Amendment of the Telecommunications
(Interception) Act 1979 (the Interception
Act)
Item
1
This item amends the definition of
‘chief officer’ to include the Inspector of the Police Integrity
Commission (the Inspector of the PIC).
Item
2
Item 2 provides that the Inspector of the PIC
will be an ‘eligible authority of a State’ within the meaning of the
Interception Act. The effect is that the Inspector of the PIC 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 Inspector of the PIC and will allow the Inspector of the PIC to use that
information for the Inspector of the PIC’s permitted
purpose.
Item
3
This item defines the Inspector of the PIC
for the purposes of the Interception Act .
Item
4
This items defines a member of staff of the
Inspector of the PIC for the purposes of the Interception
Act.
Item 5
Item 5
amends the definition of ‘officer’ by adding the specified persons.
The effect is to apply to the Inspector of the PIC the provisions of the Act
that refer to acts by an officer of an eligible authority of a
State.
Item
6
This item amends the definition of
‘prescribed investigation’ to include an investigation the Inspector
of the PIC is conducting in accordance with its functions.
This amendment is connected with item 10. The
effect of this amendment is to include in the category of ‘relevant
proceedings’ a prosecution for a prescribed offence against a law of NSW,
and which relates to a prescribed investigation of the Inspector of the PIC.
This will enable the Inspector of the PIC to use intercepted information for a
permitted purpose connected with such
proceedings.
Item
7
Item 7 amends the definition of
‘relevant offence’ to include prescribed offences connected with
prescribed investigations of the Inspector of the PIC. The purpose is to permit
another agency to communicate lawfully obtained information obtained by that
agency to the Inspector of the PIC.
Item
8
Item 8 amends the definition of exempt
proceeding to include a proceeding of the Inspector of the
PIC.
Item
9
This item repeals the existing paragraph
6A(1)(c) and substitutes a paragraph which is drafted in a more modern form and
includes prescribed investigations by the Inspector of the PIC within the
definition of “ investigation of an
offence”.
This item also amends the
meaning of an ‘investigation of an offence’ in the Interception Act
to include prescribed investigations of the Inspector of the PIC, in so far as
they relate to that offence.
Item
10
This item amends paragraph 6L(2)(b) by
adding to the definition of ‘relevant proceedings’ a proceeding by
way of a prosecution for a prescribed offence against the law of NSW and to
which a prescribed investigation by the Inspector of the PIC relates. This will
ensure that a communication by an officer of the Inspector of the PIC in these
circumstances is for a permitted purpose of the Inspector of the PIC within the
meaning of section 67 of the Interception
Act.
Item
11
This item amends section 68 to include
Inspector of the PIC. 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 the Inspector of the PIC where the
information relates to a matter which may give rise to an investigation by the
Inspector of the PIC.
Schedule 2
- Named person warrants and foreign communication warrants Amendment of the
Interception Act.
Item 1
This item defines “foreign
communication” for the purposes of the Interception
Act.
Item
2
This item defines “foreign
communications warrant” for the purposes of the Interception
Act.
Item
3
This item defines “foreign
organisation” for the purposes of the Interception
Act.
Item
4
This item defines “named person
warrant” for the purposes of the Interception
Act.
Item
5
This item defines “Part III
warrant” for the purposes of the Interception
Act.
Item
6
This item defines “telecommunications
service warrant” for the purposes of the Interception
Act.
Item
7
This item repeals subsections 9(3), (4), (5)
and (6) which are re enacted in section 9B.
Item
8
Item 8 establishes a new form of interception
warrant. The “named person warrant” is a warrant in respect of a
person not a service as is the current position for a “telecommunications
service warrant”. This warrant will enable the interception of more than
one service identified as being used or likely to be used by a named
person.
This item also provides that the
Attorney-General is authorised to issue a warrant on a named person where the
Director General of Security has satisfied the Attorney-General that the person
is engaged in, or is reasonably suspected of being engaged in, activities
prejudicial to security and such interception will, or is likely to, assist the
Organisation in carrying out its functions. The Attorney-General must also be
satisfied that relying on a “telecommunications service warrant”
would be ineffective.
The item further specifies
the matters which the Director-General of Security must include in an
application for a warrant.
This item also re enacts
subsections 9 (3), (4), (5) and (6), specifying that the request for a warrant
must be in writing, the provisions authorising entry on to premises, the length
of time a warrant may be in force and allowing further issue of a
warrant.
Item 9
This item repeals subsections 11A(3) to (9) which deal with the characteristics of warrants for the collection of foreign intelligence, such as entry on premises, duration, renewals, exclusion of warrants directed at Australian citizens or residents and conditions and restrictions. These provisions are re-enacted by item 11 as section 11D.
Item 10
This item adds an explanatory note to section 11A.
Item 11
This item inserts new sections 11B, 11C and 11D into the Interception Act.
The proposed section 11B provides for the Attorney-General to issue a “named person warrant” to ASIO for the purposes of collecting foreign intelligence in the performance of the function under section 17(1)(e) of the Australian Security Intelligence Organisation Act 1979. These warrants parallel the provisions in Item 8 and complement the existing “telecommunications service warrant” provisions in section 11A. The criteria for the issue of these warrants is the same as under section 11A with the additional requirement that the Attorney-General must be satisfied that relying on a “telecommunications service warrant” to obtain the intelligence sought would be ineffective.
Proposed section 11C creates a new class of “foreign communication” warrants for circumstances where telecommunications technologies operate so as to preclude the interception of particular communications by reference to a specific service or a named individual. These warrants are confined to foreign communications only and special provision is made to limit the scope of their authority since it is not possible to identify a particular service or individual.
A “foreign communications warrant” under section 11C will be in two parts. The first part, addressed to the relevant telecommunications carrier, specifies the part of the telecommunications system that is likely to carry the foreign communications which are to be intercepted. The second part is a notice addressed to the Director-General of Security which states that the authority to collect foreign intelligence under the warrant is limited to the purpose for which the warrant was sought. Any material collected which is irrelevant to that purpose must be destroyed forthwith.
Proposed section 11D re-enacts the provisions of existing subsections 11A(3) to (9) and, apart from the provisions authorising entry on premises, applies them to all three categories of “foreign communications warrants”. The power to authorise entry onto premises applies only to “telecommunications service warrants” and “named person warrants”.
Item 12
This item adds an explanatory cross-reference at the end of section 14 which deals with the destruction of intercepted material held by ASIO.
Item 13
This amendment removes “foreign communications warrants” from the scope of the procedures set out in paragraph 15(1A)(a).
Item 14
This item adds an explanatory cross-reference.
Item 15
This item replaces subsection 15(7) in its entirety with new provisions, corresponding to those in paragraph 15(1A)(a) of the Interception Act, which set out procedures for handling “foreign communications warrants”. The procedures require the Director-General of Security to give a certified copy of the first part of the two-part warrant described in item 11 above to the Managing Director of the carrier.
Item 16
This item inserts new section 16 which provides a mechanism
for varying particular telecommunications services which are in fact intercepted
under the authority of “named person warrants” issued to ASIO. This
reflects the policy that while the authorising warrant need not contain on its
face the telecommunications services to be intercepted, the carrier concerned
must be notified in writing by a “certifying person” of the
particular services to be intercepted from time to time. The term
“certifying person” is defined in item 4 of Schedule
3.
Item 17
This
item is consequential to the definition of “Part III warrant”, which
replaces specific references to sections 9, 9A, 11A, 11B and
11C.
Item
18
This item places reporting requirements on
the Director-General of Security, additional to those already in section 17, for
warrants in respect of a named person.
Item
19
This item amends section 39 to enable an
agency to apply to an eligible judge or a nominated AAT member for a warrant in
respect of a named person.
Item
20
This item amends subsection 42(4) to clarify
that the requirements in this subsection refer only to an application for a
“telecommunications service
warrant”.
Item
21
This item provides the matters to be set out
in an affidavit to support an application for a warrant on a named person.
Item 22
This
item provides for the issue of a “named person warrant” in relation
to a class 1 offence by an eligible Judge or nominated AAT member. The
requirements to obtain a “named person warrant” are more onerous
than the telecommunication services warrant. The eligible Judge or nominated
AAT member must be satisfied that there are reasonable grounds for suspecting
that a particular person is using, or is likely to use, more than one
telecommunications service.
In addition to the
matters which they must already have regard to for the issue of a
“telecommunications service warrant”, an eligible Judge or nominated
AAT member must have regard to the extent to which methods, other than a warrant
on a named person, are used in the investigation of the offence or
offences.
Item
23
This item provides for the issue of a
“named person warrant” in relation to a class 2 offence by an
eligible Judge or nominated AAT member. This item specifies the same
requirements as are described in item
22.
Item
24
This item amends section 48 to clarify the
meaning of service or telecommunications
service.
Item
25
This item amends section 49 to provide that
a warrant in respect of a person may be limited in that the warrant may exclude
the interception of communications to or from a specified telecommunications
service.
Item
26
This item amends section 60 to oblige the
chief officer of an agency to advise the Managing Director of a carrier of the
details of a service where the warrant on a named person did not identify the
service. This item also obliges the chief officer to advise the Managing
Director of a carrier where the interception is no longer required in relation
to a warrant on a named person.
Item
27
This item amends subparagraphs 81(1)(c)(i)
and (ii) in accordance with modern drafting
practice.
Item
28
This item amends paragraph 81(1)(c) to
provide for record keeping requirements in relation to “named person
warrants”. Section 81 provides that Commonwealth agencies must retain
certain records in connection with interceptions. These records are audited by
the Commonwealth Ombudsman pursuant to section 82 of the Interception
Act.
Item
29
This item amends paragraph 81(2)(ba) to
provide for record keeping requirements in relation to “named person
warrants”. As noted in item 28, Commonwealth agencies must retain certain
records in connection with interceptions.
Item
30
This item imposes additional record keeping
requirements in relation to “named person warrants”. As noted in
item 28, Commonwealth agencies must retain certain records in connection with
interceptions.
Item
31
This item repeals paragraphs 81A(2)(d) and
(e) and substitutes provisions specifying the details to be entered in the
General Register of Warrants in relation to “telecommunications service
warrants” and for “named person
warrants”.
The General Register of Warrants
is maintained by the Commissioner of the AFP and records details of every Part
VI issued. The General Register of Warrants is delivered to the
Attorney-General at 3 monthly intervals.
Item
32
This item repeals paragraphs 81C(2)(d) and
(e) and substitutes provisions specifying the details to be entered in the
Special Register of Warrants in relation to “telecommunications service
warrants” and for “named person
warrants”.
The Special Register of Warrants
is maintained by the Commissioner of the AFP and records details of each
registrable expired warrant, as defined in subsections 81C(3) & (4) of the
Interception Act. The Special Register of Warrants is delivered to the
Attorney-General at 3 monthly intervals.
Item
33
This item amends subsection 94(2) to limit
its application to “telecommunications service
warrants”.
Item
34
This item provides additional reporting
requirements for “named person warrants” which require the agency to
report to the Minister on information in relation to each warrant including a
list of all services intercepted under the warrant. This report must be
provided to the Minister within 3 months of the warrant ceasing to be in
force.
Schedule 3 - Miscellaneous and consequential
amendments to the Interception Act and the Australian Security Intelligence
Organisation Act 1979.
Item
1
This item is a consequential amendment to
section 17 of the Australian Security Intelligence Organisation Act 1979
to reflect the new warrant regime in this
Bill.
Item
2
Item 2 is a formal
amendment.
Item
3
Item 3 amends the definition of
“certifying officer” to reflect the change in the structure of the
AFP proposed in the Australian Federal Police Legislation Amendment Bill
1999.
Item
4
This item defines “certifying
person” for the purposes of the Interception
Act.
Item
5
This item defines “foreign intelligence
information” for the purposes of the Interception
Act.
Item
6
This item includes “named person
warrants” within the scope of the definition of “renewal” for
the purposes of the Interception Act.
Item
7
Item 7 also includes “named person
warrants” within the scope of the definition of “renewal” for
the purposes of the Interception Act.
Item
8
This item includes “named person
warrants” within the scope of the definition of “renewal
application” for the purposes of the Interception
Act.
Item
9
Item 9 also includes “named person
warrants” within the scope of the definition of “renewal
application” for the purposes of the Interception
Act.
Item
10
This item amends the definition of
“restricted record” to exclude records which are copies. This has
the effect of confining restricted records to the original recording of an
intercepted communication. All other copies of that original are treated as
“lawfully obtained
information”.
Item
11
This item repeals the definition of
“section 11A information”. This provision is replaced by the
definition of “foreign intelligence information” in item
5.
Item 12
This
item amends the definition of “exempt proceedings” to include a
proceeding by way of a review of a decision to grant a bail application. This
provision complements subsection 5B(m).
Item
13
Item 13 amends the note to reflect the
addition of item 12 to the definition of “exempt
proceedings”.
Item
14
This item amends section 6H to apply the
provision to “telecommunication service warrants” and “named
person warrants”.
Item
15
This item amends section 6H to include
“named person warrants”.
Item
16
This item clarifies the definition of
“telecommunications service” by providing that for the purposes of
the Interception Act a service may be identified by a number assigned to it or
by any other unique identifying factor.
Item
17
This item amends paragraph 10(1)(a) to
include a warrant issued under 9A in respect of a named
person.
Item
18
This item amends paragraph 10(1)(b) to
include a warrant issued under 9A in respect of a named
person.
Item
19
This item amends paragraph 10(1)(c) to
include a warrant in respect of a named
person.
Item
20
This item amends subparagraph 10(1)(d)(ii)
to include a warrant in respect of a named
person.
Item
21
This item amends subsection 10(1) to include
a warrant in respect of a named person. The effect of the amendments in items
17 to 21 is to include “named person warrants” within the scope of
the Director-General of Security’s power to issue emergency
warrants.
Item
22
This item is consequential of the definition
of “Part III warrant” which replaces specific references to sections
9, 9A, 11A, 11B and 11C.
Item
23
This subsection is made unnecessary by the
use of the term “Part III
warrant”.
Item
24
This item is consequential to inserting the
term “Part III warrant” which replaces specific references to
sections 9, 9A, 11A, 11B and 11C.
Item
25
This item is consequential to inserting the
term “Part III warrant” which replaces specific references to
sections 9, 9A, 11A, 11B and 11C.
Item
26
This item amends subsection 15(1) to include
Part III warrants in the provision.
Item
27
This item amends paragraph 15(1A)(d) and is
consequential to the definition of “certifying person” which
replaces specific references to “the Director-General, or a Deputy
Director-General of Security” for the purposes of section 15 of the
Interception Act.
Item
28
This item amends paragraph 15(1B)(d) and is
consequential to the definition of “certifying person” which
replaces specific references to “the Director-General, or a Deputy
Director-General of Security” for the purposes of section 15 of the
Interception Act.
Item
29
Item 29 is a formal
amendment.
Item
30
This item repeals paragraph 35(2)(c) to
remove the requirement for the Minister to be satisfied that the agreement
entered into between the States and the Commonwealth includes payments to the
AFP in respect of the expenses incurred or to be incurred in connection with the
establishment of the Telecommunications Interception Division. This paragraph
is obsolete because the expenses have been discharged.
Item 31
This
item is consequential to the definition of “Part VI warrant” which
replaces specific references to sections 45, 45A, 46, 46A and
48
Item 32
This
item amends section 48 to include “named person
warrants”.
Item
33
This item amends subsection 49(5) to include
“named person warrants”.
Item
34
This item amends section 49(7) to include
“named person warrants”.
Item
35
This item amends section 52 to provide that
where a warrant issued to one agency has been executed by another the first
agency must advise that second agency of the revocation of the
warrant.
Item
36
This item repeals paragraph 53(1)(c) to
reflect the amendment to section 55 which removes the requirement for the AFP to
execute a section 48 warrant.
Item
37
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48
Item
38
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48
Item
39
This item repeals subsection 54(2) to
reflect the amendment to section 55 which removes the requirement for the AFP to
execute a section 48 warrant.
Item
40
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48
Item
41
This item amends subsection 55(1) to reflect
the amendment in item 44 that one agency may execute a warrant on behalf of
another.
Item
42
This item repeals subsection 55(2) to remove
the requirement for the AFP to execute a warrant issued under section
48.
Item
43
This item amends subsection 55(3) to enable
one agency to execute a “Part VI warrant” on behalf of another.
Item 44
This
item amends section 56 to require the AFP to advise another agency of the
revocation of a warrant, where the AFP’s warrant is being executed by that
other agency.
Item
45
This item reflects the amendment in item
44.
Item
46
This item amends paragraph 57(1)(a) to
require a chief officer of an agency to advise the chief officer of another
agency, which is exercising authority under a warrant on behalf of that first
agency, of a proposed revocation of the
warrant.
Item
47
This item amends subsection 57(2) to require
a chief officer of an agency to advise the chief officer of another agency, who
is exercising authority under a warrant on behalf of that first agency, of a
proposed revocation of the warrant.
Item
48
This item amends paragraph 57(3)(a) to
require a chief officer of an agency, who revokes a warrant, to advise the chief
officer of another agency, who is exercising authority under a warrant on behalf
of the first agency, that the warrant is
revoked.
Item
49
This item amends section 58 to require a
chief officer of an agency, who is exercising authority under a warrant on
behalf of another agency and has been advised of a revocation or proposed
revocation under subsection 56(2) or section 57, to do all that is necessary to
discontinue the interception.
Item
50
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48.
Item
51
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48.
Item
52
This item is consequential to the repeal of
the definition of “section 11A information” which is replaced by the
term “foreign intelligence information”.
Item 53
This
item corrects a drafting error from a previous amendment of the Interception
Act.
Item
54
This item is consequential to the repeal of
the definition of “section 11A information” which is replaced by the
term “foreign intelligence information”.
Item 55
This
item is consequential to the repeal of the definition of “section 11A
information” which is replaced by the term “foreign intelligence
information”.
Item
56
This item is consequential to the repeal of
the definition of “section 11A information” which is replaced by the
term “foreign intelligence information”.
Item 57
This
item amends subsection 75(1) to include the new warrants for the collection of
foreign intelligence.
Item
58
This item provides a clarification on the
use of evidence that has been given in exempt proceedings. The amendment allows
for the further use, in subsequent proceedings, of information given in evidence
in exempt proceedings under sections 74 or 75 of the Interception Act. This
provision was included in response to the decision in the Court of Appeal of NSW
Wood v Beves (1997)92 A Crim R 209.
Item
59
This item includes the new provision
described in item 58 for the purposes of paragraphs 77(1)(a) and
77(1)(b).
Item
60
This item amends subsection 77(2) to include
the new warrants for the collection of foreign
intelligence.
Item
61
This item includes the new provision
described in item 58 for the purposes of subsection
77(2).
Item
62
This item includes the new provision
described in item 58 for the purposes of subsections 77(3) and
77(4).
Item
63
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48.
Item
64
This item repeals the provision which is no
longer required because item 39 removes the requirement for the Australian
Federal Police to execute section 48 warrants on behalf of other
agencies.
Item
65
Item 65 is a formal
amendment.
Item
66
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48.
Item
67
This item amends paragraph 81A(2)(g) to
include the new form of warrant on the named person in the General Register of
Warrants.
Item
68
This item amends paragraph 81C(2)(g) to
include the new form of warrant on the named person in the Special Register of
Warrants.
Item
69
This item is consequential to the definition
of “Part VI warrant” which replaces specific references to sections
45, 45A, 46, 46A and 48.
Item
70
This item amends section 97 to include the
new form of warrant on the named person in reports by telecommunications
carriers.
Item
71
This item provides an annual reporting
mechanism for warrants executed by one agency on behalf of
another.
Part 2 Transitional
provisions
Item
72
This item provides a transitional provision
to continue the authority of a member of the AFP who has executed a section 48
warrant before the commencement of this Act. After commencement of this Act the
authority conferred by the warrant will continue until such time as the warrant
is revoked or has expired.