LAW ENFORCEMENT INTEGRITY LEGISLATION AMENDMENT BILL 2012

i Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Contents

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Schedule(s)

........................................................................................

Schedule 1--Integrity testing and expansion of coverage by

ACLEI

Part 1--Integrity testing

Crimes Act 1914

Part 2--Expansion of coverage by ACLEI

Law Enforcement Integrity Commissioner Act 2006

Part 3--Related amendments

Australian Crime Commission Act 2002

Surveillance Devices Act 2004

Telecommunications (Interception and Access) Act 1979

Schedule 2--Other amendments relating to the Australian

Customs and Border Protection Service

Customs Administration Act 1985

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 1

A Bill for an Act to provide for testing the integrity

of staff members of certain enforcement agencies,

and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Law Enforcement Integrity

Legislation Amendment Act 2012.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Part 1

The day after this Act receives the Royal

Assent.

3. Schedule 1,

Part 2

1 July 2013.

1 July 2013

4. Schedule 1,

Part 3

The day after this Act receives the Royal

Assent.

5. Schedule 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 3

Schedule 1--Integrity testing and expansion

of coverage by ACLEI

Part 1--Integrity testing

Crimes Act 1914

1 Section 15GC (definition of ACC authorising officer)

Omit "15GF(4)", substitute "15GF(3)".

2 Section 15GC (definition of ACLEI authorising officer)

Omit "15GF(5)", substitute "15GF(4)".

3 Section 15GC (definition of AFP authorising officer)

Omit "15GF(3)", substitute "15GF(2)".

4 Section 15GC

Insert:

disciplinary or legal action, in relation to a staff member of a

target agency, means any of the following:

(a) action in respect of alleged misconduct of the staff member;

(b) termination of the employment or appointment of the staff

member;

within the meaning of the Law Enforcement Integrity

Commissioner Act 2006, or a report of such a proceeding;

(d) the investigation of an offence suspected to have been

committed by the staff member;

(e) a legal proceeding in relation to the staff member, or a report

of such a proceeding.

Disciplinary or legal action also includes the consideration of

whether an action or proceeding covered by this definition should

be taken or brought.

5 Section 15GC

Insert:

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

4 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

integrity testing authority means an authority granted under

Part IABA, and includes any such authority as varied.

6 Section 15GC

Insert:

integrity testing controlled operation authority means an authority

granted under section 15GI on the basis that an integrity testing

authority is in effect.

Note: See

subparagraph

15GI(2)(a)(ii).

7 Section 15GC

Insert:

staff member of a target agency has the same meaning in relation

to that agency as in the Law Enforcement Integrity Commissioner

Act 2006.

Note:

The target agencies are the ACC, the Australian Federal Police and

Customs. See subsections 10(1), (2) and (2A) of the Law Enforcement

Integrity Commissioner Act 2006.

8 Section 15GC

Insert:

target agency means any of the following:

(a)

the

ACC;

(b) the Australian Federal Police;

(c)

Customs.

9 Paragraph 15GI(2)(a)

Repeal the paragraph, substitute:

(a)

that

either:

(i) a serious Commonwealth offence or a serious State

offence that has a federal aspect has been, is being or is

likely to be committed; or

(ii) an integrity testing authority is in effect in relation to an

offence that it is suspected has been, is being or is likely

to be committed by a staff member of a target agency

(see the notes at the foot of this subsection); and

10 At the end of subsection 15GI(2)

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 5

Add:

Note 1:

Subparagraph (a)(ii) applies in relation to offences punishable on

conviction by imprisonment for 12 months or more (see

section 15JG).

Note 2:

The target agencies mentioned in subparagraph (a)(ii) are the ACC,

the Australian Federal Police and Customs (see section 15GC).

11 Paragraphs 15GK(1)(d) and (2)(d)

Repeal the paragraphs, substitute:

(d) identify the nature of the criminal activity (including the

relevant suspected offences) in respect of which the

controlled conduct is to be engaged in; and

(da) in the case of an integrity testing controlled operation

authority--identify the integrity testing authority concerned;

and

12 At the end of subsection 15GN(3)

Add:

; or (c) in the case of an integrity testing controlled operation

authority--the integrity testing authority concerned (the

earlier ITA) stops being in effect under Part IABA (see

section 15JJ).

Note:

For integrity testing controlled operation authorities, see

subparagraph 15GI(2)(a)(ii).

13 At the end of section 15GN

Add:

(4) Paragraph (3)(c) does not apply if a further integrity testing

authority is granted under Part IABA that continues the effect of

the earlier ITA.

14 Paragraph 15GQ(2)(a)

Repeal the paragraph, substitute:

(a)

that

either:

(i) a serious Commonwealth offence or a serious State

offence that has a federal aspect has been, is being or is

likely to be committed; or

(ii) an integrity testing authority is in effect in relation to an

offence that it is suspected has been, is being or is likely

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

6 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

to be committed by a staff member of a target agency

(see the notes at the foot of this subsection); and

15 At the end of subsection 15GQ(2)

Add:

Note 1:

Subparagraph (a)(ii) applies in relation to offences punishable on

conviction by imprisonment for 12 months or more (see

section 15JG).

Note 2:

The target agencies mentioned in subparagraph (a)(ii) are the ACC,

the Australian Federal Police and Customs (see section 15GC).

16 Paragraph 15GV(2)(a)

Repeal the paragraph, substitute:

(a)

that

either:

(i) a serious Commonwealth offence or a serious State

offence that has a federal aspect has been, is being or is

likely to be committed; or

(ii) an integrity testing authority is in effect in relation to an

offence that it is suspected has been, is being or is likely

to be committed by a staff member of a target agency

(see the notes at the foot of this subsection); and

17 At the end of subsection 15GV(2)

Add:

Note 1:

Subparagraph (a)(ii) applies in relation to offences punishable on

conviction by imprisonment for 12 months or more (see

section 15JG).

Note 2:

The target agencies mentioned in subparagraph (a)(ii) are the ACC,

the Australian Federal Police and Customs (see section 15GC).

18 At the end of section 15HD

Add:

(4) In this section, a reference to an authority that is cancelled

includes, in the case of an integrity testing controlled operation

authority, a reference to an authority that has stopped being in

effect because the integrity testing authority concerned has stopped

being in effect.

Note: See

paragraph

15GN(3)(c).

19 After subsection 15HK(1)

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 7

Insert:

Exceptions--general

20 At the end of subsection 15HK(2)

Add:

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection--see subsection 13.3(3) of the Criminal Code.

21 After subsection 15HK(2)

Insert:

Exceptions--integrity testing controlled operation authority

(2A) Subsection (1) does not apply, in the case of a controlled operation

authorised by an integrity testing controlled operation authority

(granted on the basis that an integrity testing authority is in effect),

if the disclosure was:

(a) in any of the circumstances mentioned in paragraphs (2)(a) to

(e); or

(b) in connection with the administration or execution of

Part IABA, or the Law Enforcement Integrity Commissioner

Act 2006, in relation to the integrity testing authority; or

to a staff member of a target agency, if arising out of, or

otherwise related to, the controlled operation; or

(d) in relation to the integrity testing authority:

(i) for the purposes of any disciplinary or legal action in

relation to a staff member of a target agency, if arising

out of, or otherwise related to, an integrity testing

operation authorised by the authority; or

(ii) to an authority of the Commonwealth, a State or a

Territory, if the disclosure relates to the misconduct of

an employee or officer of the authority.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection--see subsection 13.3(3) of the Criminal Code.

Exception--misconduct

22 Paragraph 15HK(3)(c)

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

8 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Repeal the paragraph, substitute:

(i) a corruption issue within the meaning of the Law

Enforcement Integrity Commissioner Act 2006 (see

section 7 of that Act) in relation to a controlled

operation; or

(ii) misconduct in relation to a controlled operation; and

23 Section 15HK (note)

Omit "subsections (2) and (3)", substitute "this subsection".

24 After subsection 15HL(1)

Insert:

Exceptions--general

25 At the end of subsection 15HL(2)

Add:

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection--see subsection 13.3(3) of the Criminal Code.

26 After subsection 15HL(2)

Insert:

Exceptions--integrity testing controlled operation authority

(2A) Subsection (1) does not apply, in the case of a controlled operation

authorised by an integrity testing controlled operation authority

(granted on the basis that an integrity testing authority is in effect),

if the disclosure was:

(a) in any of the circumstances mentioned in paragraphs (2)(a) to

(e); or

(b) in connection with the administration or execution of

Part IABA, or the Law Enforcement Integrity Commissioner

Act 2006, in relation to the integrity testing authority; or

to a staff member of a target agency, if arising out of, or

otherwise related to, the controlled operation; or

(d) in relation to the integrity testing authority:

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 9

(i) for the purposes of any disciplinary or legal action in

relation to a staff member of a target agency, if arising

out of, or otherwise related to, an integrity testing

operation authorised by the authority; or

(ii) to an authority of the Commonwealth, a State or a

Territory, if the disclosure relates to the misconduct of

an employee or officer of the authority.

Note:

A defendant bears an evidential burden in relation to the matters in

this subsection--see subsection 13.3(3) of the Criminal Code.

Exception--misconduct

27 Paragraph 15HL(3)(c)

Repeal the paragraph, substitute:

(i) a corruption issue within the meaning of the Law

Enforcement Integrity Commissioner Act 2006 (see

section 7 of that Act) in relation to a controlled

operation; or

(ii) misconduct in relation to a controlled operation; and

28 Subsection 15HL(3) (note)

Omit "subsections (2) and (3)", substitute "this subsection".

29 After Part IAB

Insert:

Part IABA--Integrity testing

Division 1--Introduction

15JA Integrity testing--simplified outline

The following is a simplified outline of this Part:

This Part provides for the authorisation of operations (called

integrity testing operations) that are designed to test the integrity of

staff members of the Australian Crime Commission, the Australian

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

10 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Federal Police and the Australian Customs and Border Protection

Service, using controlled or simulated situations.

Operations can be authorised only if there is a reasonable suspicion

that a staff member has committed, is committing or is likely to

commit an offence punishable on conviction by imprisonment for

12 months or more.

Authorisations for integrity testing operations may form the basis

for the authorisation of controlled operations under Part IAB.

Integrity testing operations may be authorised by the agency

concerned, or (if a corruption issue is involved) the Australian

Commission for Law Enforcement Integrity. Law enforcement

officers and others may take part.

Participants in integrity testing operations are indemnified against

civil liability in relation to the conduct of the operations in

accordance with the authorisations concerned.

Information relating to an integrity testing operation may only be

disclosed for the purposes of disciplinary or legal action in relation

to the staff member concerned, or a number of related purposes.

15JB Integrity testing--concurrent operation of State and Territory

laws

It is the intention of the Parliament that this Part is not to apply to

the exclusion of a law of a State or Territory to the extent that the

law is capable of operating concurrently with this Part.

15JC Integrity testing--definitions

In this Part:

appropriate authorising officer, for an integrity testing operation,

has the meaning given by the table in subsection 15JE(1).

authorising officer means any of the appropriate authorising

officers.

Note:

These officers are listed in the table in subsection 15JE(1).

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 11

civilian participant, in an integrity testing operation, means a

participant in the operation who is not a law enforcement

participant (as defined in this section).

corruption issue has the same meaning as in the Law Enforcement

Integrity Commissioner Act 2006.

Note:

See section 7 of the Law Enforcement Integrity Commissioner Act

2006.

disciplinary or legal action, in relation to a staff member of a

target agency, means any of the following:

(a) action in respect of alleged misconduct of the staff member;

(b) termination of the employment or appointment of the staff

member;

within the meaning of the Law Enforcement Integrity

Commissioner Act 2006, or a report of such a proceeding;

(d) the investigation of an offence suspected to have been

committed by the staff member;

(e) a legal proceeding in relation to the staff member, or a report

of such a proceeding.

Disciplinary or legal action also includes the consideration of

whether an action or proceeding covered by this definition should

be taken or brought.

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

integrity testing agency means any of the following:

(a)

the

ACC;

(b) the Australian Commission for Law Enforcement Integrity;

(d)

Customs.

integrity testing authority means an authority granted under

section 15JG to conduct an integrity testing operation.

integrity testing operation: see section 15JD.

law enforcement participant, in an integrity testing operation,

means a participant in the operation who is:

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

12 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(a) a law enforcement officer; or

(b) an employee or officer of an integrity agency for a State or

Territory, within the meaning of the Law Enforcement

Integrity Commissioner Act 2006.

Note:

Staff members of integrity testing agencies (as defined in this section)

are law enforcement officers. Law enforcement officers also include

members of State and Territory police forces, and police forces of

foreign countries (see section 3).

participant, in an integrity testing operation authorised by an

integrity testing authority, means a person who is authorised under

this Part to participate in the operation.

responsible staff member, for an integrity testing operation

authorised by an integrity testing authority, means the staff

member of an integrity testing agency identified in the authority as

the staff member responsible for the conduct of the operation.

staff member of an integrity testing agency has the same meaning

in relation to that agency as in the Law Enforcement Integrity

Commissioner Act 2006.

Note:

See subsections 10(1), (2) and (2A), and section 11, of the Law

Enforcement Integrity Commissioner Act 2006.

target agency means any of the following:

(a)

the

ACC;

(b) the Australian Federal Police;

(c)

Customs.

15JD Integrity testing--meaning of integrity testing operation

(1)

integrity testing operation is an operation conducted in relation

to a target agency using controlled or simulated situations to test

the integrity of a staff member of the agency.

(2)

integrity testing operation includes an operation that offers the

staff member an opportunity to engage in conduct, whether lawful

or unlawful, so as to contravene principles of behaviour required

(by law or otherwise) of persons occupying the position of such a

staff member.

Note 1:

The target agencies are the ACC, the Australian Federal Police and

Customs (see section 15JC).

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 13

Note 2:

References to a staff member include references to more than one staff

member (see section 23 of the Acts Interpretation Act 1901).

Division 2--Integrity testing operations: authority

15JE Integrity testing authorities--circumstances in which

applications may be made

(1) The following table has effect:

Integrity testing--circumstances in which applications may be made

Item

If a proposed

integrity testing

operation is

concerned with ...

a staff member of the

following agency may

apply for authority for

the operation ...

from the following

officer (an

appropriate

authorising officer)

...

the integrity of a staff

member of the ACC

the ACC

(a) the Chief

Executive Officer

of the ACC; or

(b) an SES employee

in the ACC.

the integrity of a staff

member of the

Australian Federal

Police

the Australian Federal

Police

(a) the

Commissioner; or

(b) a Deputy

Commissioner; or

in the Australian

Federal Police.

the integrity of a staff

member of Customs

Customs

(a) the Chief

Executive Officer

of Customs; or

(b) an SES employee

in Customs.

a corruption issue in

relation to a staff

member of a target

agency

(a) the target agency; or

(b) the Australian

Commission for Law

Enforcement

Integrity

(a) the Integrity

Commissioner; or

(b) an Assistant

Integrity

Commissioner; or

in the Australian

Commission for

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

14 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Integrity testing--circumstances in which applications may be made

Item

If a proposed

integrity testing

operation is

concerned with ...

a staff member of the

following agency may

apply for authority for

the operation ...

from the following

officer (an

appropriate

authorising officer)

...

Law Enforcement

Integrity.

Note 1:

The target agencies are the ACC, the Australian Federal Police and

Customs (see section 15JC).

Note 2:

References to a staff member include references to more than one staff

member (see section 23 of the Acts Interpretation Act 1901).

(2) The application of item 4 of the table in subsection (1) in relation

to a staff member of a target agency does not prevent the

application of any of the other items in the table in relation to the

integrity of the staff member.

(3) A reference in a cell in the table in subsection (1) to an SES

employee of an integrity testing agency is taken to be a reference to

an SES employee authorised in writing by the officer of the agency

mentioned in paragraph (a) in the cell.

15JF Integrity testing authorities--application

(1) An application under section 15JE must:

(a) be in writing; and

(b) provide sufficient information to enable the authorising

officer to decide whether or not to grant the application; and

is related to any past, current or proposed:

(i) integrity testing operation; or

(ii) controlled operation under Part IAB; and

(d) state the proposed period of effect of the authority, which

must not exceed 12 months.

(2) The appropriate authorising officer may require the applicant to

provide such additional information concerning the proposed

integrity testing operation as is necessary for the proper

consideration of the application.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 15

Note:

See the table in section 15JE for which staff members may apply to

conduct an integrity testing operation, and to which authorising

officers (called appropriate authorising officers) such applications

may be made.

15JG Integrity testing authorities--grant

(1) The appropriate authorising officer may, after considering an

application for an authority to conduct an integrity testing

operation in relation to a target agency, and any additional

information provided under subsection 15JF(2):

(a) authorise the operation by granting the authority, in writing,

either unconditionally or subject to conditions; or

(b) refuse the application.

(2) The authorising officer must not grant the authority to conduct the

integrity testing operation unless the authorising officer is satisfied

that:

(a) there are reasonable grounds to suspect that a

Commonwealth offence or a State offence, punishable on

conviction by imprisonment for 12 months or more, has been,

is being or is likely to be committed by a staff member of the

target agency (whether or not the identity of the staff member

is suspected or known); and

(b) it is appropriate in all the circumstances to conduct the

operation; and

Commission for Law Enforcement Integrity--in addition to

the matters mentioned in paragraphs (a) and (b), the purpose

of the operation is to investigate a corruption issue.

(3) The authorising officer may grant an integrity testing authority

even if the operation has been authorised by a previous integrity

testing authority, or has been the subject of a previous application

for such an authority.

Example: The authorising officer may grant an integrity testing authority that

authorises the continuation or resumption of an operation authorised

by an earlier authority.

(4) An integrity testing authority is not a legislative instrument.

Note:

See the table in section 15JE for who are the appropriate authorising

officers for a proposed integrity testing operation in relation to a target

agency.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

16 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

15JH Integrity testing authorities--form

Contents of integrity testing authority

(1) An integrity testing authority must:

(a) state the name and rank or position of the appropriate

authorising officer; and

(b) identify the responsible staff member for the integrity testing

operation and, if he or she is not the applicant for the

authority, state the name of the applicant; and

suspected offence mentioned in paragraph 15JG(2)(a)) in

relation to which the integrity testing operation is to be

conducted; and

(d) identify the persons authorised to participate in the integrity

testing operation; and

(e) describe the nature of the integrity testing operation; and

(f) identify (to the extent known) the staff member or staff

members who are the target of the operation; and

(g) state a period of effect of the authority of not more than 12

months after the day the authority is granted; and

(h) state any conditions to which the conduct of the controlled

operation is subject; and

(i) state the day and time when the authority is granted.

Note:

The period of effect may be extended (or further extended) for up to

12 months, but not so the period of effect of the authority ends more

than 24 months after it is granted (see section 15JK).

Identity of persons authorised to conduct the integrity testing

operation

(2) A person is sufficiently identified for the purposes of

paragraph (1)(d) if the person is identified:

(a) by an assumed name under which the person is operating that

the authorising officer can match to the person's identity; or

(b) by a code name or code number that the authorising officer

can match to the person's identity.

(3) An authority must not identify persons for the purposes of

paragraph (1)(d) by identifying a class of persons.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 17

15JI Integrity testing authorities--notice to Integrity Commissioner

As soon as practicable after granting an integrity testing authority

for an integrity testing operation, the authorising officer must give

a copy of the authority to:

(a) the responsible staff member for the operation; and

(b) the Integrity Commissioner (unless the authorising officer is

an officer of the Australian Commission for Law

Enforcement Integrity).

15JJ Integrity testing authorities--duration

(1) An integrity testing authority comes into force when the authority

is granted (see section 15JG).

(2) The authority has effect for the period stated in the authority, as

extended by any variation under section 15JK, unless earlier

cancelled (see section 15JL).

Note:

The maximum period of effect for an integrity testing authority

(taking into account any extension) is 24 months after it is granted

(see paragraph 15JH(1)(g) and subsection 15JK(2)).

15JK Integrity testing authorities--variation

(1) An appropriate authorising officer for an integrity testing operation

that is authorised by an integrity testing authority may, in writing,

vary the authority:

(a) at any time on the authorising officer's own initiative; or

(b) on application, in writing, by the responsible staff member

for the operation.

(2) A variation may extend, or further extend, the period of effect of

the authority for up to 12 months, but not so that the period of

effect ends more than 24 months after the authority was granted.

(3) As soon as practicable after varying an integrity testing authority

for an integrity testing operation, the authorising officer must give

a copy of the variation to:

(a) the responsible staff member for the operation; and

(b) the Integrity Commissioner (unless the authorising officer is

an officer of the Australian Commission for Law

Enforcement Integrity).

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

18 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Note:

If the variation has the effect of changing the responsible staff

member, the authorising officer would be required to give a copy of

the variation to the new responsible staff member.

(4) Subsection 33(3) of the Acts Interpretation Act 1901 applies in

relation to the variation of the authority, subject to this Act.

Note:

Subsection 33(3) of the Acts Interpretation Act 1901 has the effect that

the power to grant an instrument (such as an integrity testing

authority) includes the power to vary the instrument in the like manner

and subject to the like conditions.

(5) A variation is not a legislative instrument.

15JL Integrity testing authorities--cancellation

(1) An appropriate authorising officer for an integrity testing operation

may, by order in writing given to the responsible staff member for

the operation, cancel the authority at any time and for any reason.

(2) The reasons for cancelling an integrity testing authority under

subsection (1) include (but are not limited to) cancellation at the

request of the responsible staff member.

(3) Cancellation of an integrity testing authority takes effect at the time

the order is made or at a later time stated in the order.

15JM Integrity testing authorities--defects

An application for an integrity testing authority or for the variation

of an authority, and any integrity testing authority or variation

granted on the basis of such an application, is not invalidated by

any defect, other than a defect that affects the application, authority

or variation in a material particular.

Division 3--Integrity testing operations: protection of

participants

15JN Integrity testing operations--authorised conduct

(1) Subject to subsection (2), an integrity testing authority for an

integrity testing operation authorises each person identified in the

authority as a participant to take part in the operation, subject to

any conditions set out in the authority.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 19

Note:

Paragraphs 15JH(1)(d) and (e) require participants to be identified,

and the nature of the operation to be described, in the authority.

Subsection 15JH(2), however, allows for participants to be identified

in the authority by an assumed identity, or by code.

(2) A participant is authorised to take part in the integrity testing

operation for the period of effect of the authority, unless:

(a) the authority states (or is varied to state) a shorter period

during which the person is so authorised; or

(b) the authority is varied to provide that the person is no longer

so authorised; or

(3) An integrity testing authority does not authorise a participant

identified in the authority to delegate participation to another

person.

15JO Integrity testing operations--indemnity against civil liability

The Commonwealth must indemnify a participant in an integrity

testing operation that is authorised by an integrity testing authority

against any civil liability (including reasonable costs) the

participant incurs because of conduct the participant engages in if:

(a) the participant engages in the conduct in the course of, and

for the purposes of, the operation in accordance with the

authority; and

(b) the participant is identified in the authority; and

inducing a person to commit a Commonwealth offence or a

State offence that the person would not otherwise have

intended to commit; and

(d) the conduct does not involve the participant engaging in any

conduct that is likely to:

(i) cause the death of, or serious injury to, any person; or

(ii) involve the commission of a sexual offence against any

person; and

(e) if the participant is a civilian participant in the operation--he

or she acts in accordance with the instructions of a law

enforcement participant in the operation; and

(f) the requirements (if any) prescribed by regulation have been

met.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

20 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

15JP Integrity testing operations--participants unaware of

variation or cancellation of authority

(1) If an integrity testing authority for an integrity testing operation is

varied in a way that limits the scope of the operation, this Part

continues to apply to a participant in the operation as if the

authority had not been varied in that way, for so long as the

participant:

(a) is unaware of the variation; and

(b) is not reckless about the existence of the variation.

(2) If an integrity testing authority to conduct an integrity testing

operation is cancelled, this Part continues to apply to a person who

was a participant in the operation immediately before the

cancellation as if the authority had not been cancelled in that way,

for so long as the person:

(a) is unaware of the cancellation; and

(b) is not reckless about the existence of the cancellation.

(3) For the purposes of this section, a person is reckless about the

existence of the variation or cancellation of an integrity testing

authority if:

(a) the person is aware of a substantial risk that the variation or

cancellation has happened; and

(b) having regard to the circumstances known to the person, it is

unjustifiable to take the risk that the authority has not been

varied or cancelled.

Division 4--Integrity testing operations: disclosure of

information

15JQ Integrity testing operations--disclosure

Disclosure--offence

(1) A person commits an offence if:

(a) the person discloses information; and

(b) the information relates to an integrity testing operation.

Penalty: Imprisonment for 2 years.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 21

Exception--authorised disclosure

(2) Subsection (1) does not apply if the disclosure was:

(a) in connection with the administration or execution of this

Part; or

(b) for the purposes of obtaining legal advice in relation to the

integrity testing operation; or

to a staff member of a target agency, if arising out of, or

otherwise related to, the integrity testing operation; or

(d) in connection with the administration or execution of the Law

Enforcement Integrity Commissioner Act 2006; or

(e) to an authority of the Commonwealth, a State or a Territory,

if the disclosure relates to the misconduct of an employee or

officer of the authority; or

(f) in accordance with any requirement imposed by law; or

(g) in connection with the performance of functions or duties, or

the exercise of powers, of the target agency in relation to

which the operation was conducted.

Exception--corruption issue or misconduct

(3) Subsection (1) does not apply if:

(a) the person (the discloser) discloses the information to the

Integrity Commissioner; and

(b) the discloser informs the person to whom the disclosure is

made of the discloser's identity before making the disclosure;

and

in relation to an integrity testing operation; and

(d) the discloser considers that the information may assist the

Integrity Commissioner to perform the Commissioner's

functions or duties; and

(e) the discloser makes the disclosure in good faith.

Note:

A defendant bears an evidential burden in relation to the matters in

subsections (2) and (3)--see subsection 13.3(3) of the Criminal Code.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

22 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

15JR Integrity testing operations--disclosure endangering safety

etc.

Offence--disclosure endangering safety etc.

(1) A person commits an offence if:

(a) the person discloses information; and

(b) the information relates to an integrity testing operation; and

(c)

either:

(i) the person intends to endanger the health or safety of

any person or prejudice the effective conduct of an

integrity testing operation; or

(ii) the disclosure of the information will endanger the

health or safety of any person or prejudice the effective

conduct of an integrity testing operation.

Penalty: Imprisonment for 10 years.

Exceptions--authorised disclosure

(2) Subsection (1) does not apply if the disclosure was:

(a) in connection with the administration or execution of this

Part; or

(b) for the purposes of obtaining legal advice in relation to the

integrity testing operation; or

to a staff member of a target agency, if arising out of, or

otherwise related to, the integrity testing operation; or

(d) in connection with the administration or execution of the Law

Enforcement Integrity Commissioner Act 2006; or

(e) a disclosure to an authority of the Commonwealth, a State or

a Territory; or

(f) in accordance with any requirement imposed by law; or

(g) in connection with the performance of functions or duties, or

the exercise of powers, of the target agency in relation to

which the operation was conducted.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (2)--see subsection 13.3(3) of the Criminal Code.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Integrity testing Part 1

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 23

Exception--corruption issue or misconduct

(3) Subsection (1) does not apply if:

(a) the person (the discloser) discloses the information to the

Integrity Commissioner; and

(b) the discloser informs the person to whom the disclosure is

made of the discloser's identity before making the disclosure;

and

in relation to an integrity testing operation; and

(d) the discloser considers that the information may assist the

Integrity Commissioner to perform the Commissioner's

functions or duties; and

(e) the discloser makes the disclosure in good faith.

Note:

A defendant bears an evidential burden in relation to the matters in

subsection (3)--see subsection 13.3(3) of the Criminal Code.

Division 5--Integrity testing operations: reporting

15JS Integrity testing operations--annual reports

(1) As soon as practicable after 30 June in each year, the chief officer

of each integrity testing agency must submit a report to the Law

Enforcement Minister setting out the details required by

subsection (2) in relation to integrity testing operations authorised

by an authorising officer of the agency during the previous 12

months.

(2) The details to be set out in the report are as follows:

(a) the number of integrity testing authorities granted by

authorising officers of the agency;

(b) the nature of the suspected criminal activity in relation to

which each authority was given;

extension of the period granted by variation);

(d) if an authority was cancelled--the reasons for cancellation.

(3) A report must not disclose any information that identifies any

person involved in an integrity testing operation or that is likely to

lead to such a person being identified.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 1 Integrity testing

24 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(4) Nothing in this section requires particulars of an integrity testing

operation to be included in a report for a year if the operation had

not been completed as at 30 June in that year, but the particulars

must instead be included in the report for the year in which the

operation is completed.

(5) In this section:

chief officer, of an integrity testing agency, means:

(a) for the ACC--the Chief Executive Officer of the ACC; or

(b) for the Australian Federal Police--the Commissioner; or

(d) for the Australian Commission for Law Enforcement

Integrity--the Integrity Commissioner.

Law Enforcement Minister means the Minister responsible for the

administration of the Law Enforcement Integrity Commissioner Act

2006.

Division 6--Integrity testing operations: evidence

15JT Evidence of integrity testing authorities

A document purporting to be an integrity testing authority:

(a) is admissible in any legal proceedings; and

(b) in the absence of evidence to the contrary, is proof in any

proceedings (not being criminal or disciplinary proceedings

against a law enforcement officer) that the person granting

the authority was satisfied of the facts he or she was required

to be satisfied of to grant the authority.

30 Application of amendments in Part 1

(1)

The amendments of the Crimes Act 1914 made by this Part apply in

relation to an integrity testing authority granted (or sought to be

granted) on or after the commencement of this Part:

(a) whether the act or omission constituting the suspected

offence in relation to which the authority is (or is sought to

be) granted occurred (or is alleged to have occurred) before,

on or after that commencement; and

(b) whether any other circumstance in relation to which the

authority is (or is sought to be) granted occurred (or is

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 2 Expansion of coverage by ACLEI

26 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Part 2--Expansion of coverage by ACLEI

Law Enforcement Integrity Commissioner Act 2006

31 Subsection 5(1)

Insert:

Agriculture Department means the Department administered by

the Minister administering the Primary Industries Levies and

Charges Collection Act 1991.

32 Subsection 5(1)

Insert:

Anti-Money Laundering Act means the Anti-Money Laundering

and Counter-Terrorism Financing Act 2006.

33 Subsection 5(1)

Insert:

AUSTRAC has the same meaning as in the Anti-Money

Laundering Act.

34 Subsection 5(1) (paragraph (b) of the definition of

disciplinary proceeding)

Omit "Division 5", substitute "Division 3".

35 Subsection 5(1) (after paragraph (ba) of the definition of

head)

Insert:

(bb) if the agency is AUSTRAC--the AUSTRAC CEO (within

the meaning of the Anti-Money Laundering Act); or

(bc) if the agency is the CrimTrac Agency--the chief executive

officer of the CrimTrac Agency; or

(bd) if the agency is the Agriculture Department--the Secretary of

the Agriculture Department;

36 Subsection 5(1) (after paragraph (ba) of the definition of

law enforcement agency)

Insert:

Integrity testing and expansion of coverage by ACLEI Schedule 1

Expansion of coverage by ACLEI Part 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 27

(bb)

AUSTRAC;

(bc) the CrimTrac Agency; or

(bd) the Agriculture Department; or

37 Subsection 5(1) (paragraph (a) of the definition of law

enforcement secrecy provision)

Omit "Anti-Money Laundering and Counter-Terrorism Financing Act

2006", substitute "Anti-Money Laundering Act".

38 After subsection 10(2A)

Insert:

AUSTRAC staff members

(2B) The following are staff members of AUSTRAC for the purposes of

this Act:

(a) the AUSTRAC CEO (within the meaning of the Anti-Money

Laundering Act);

(b) a member of the staff referred to in subsection 224(1) of that

Act;

(d) a person referred to in subsection 225(3) of that Act whose

services are made available to the AUSTRAC CEO.

Financial Transaction Reports Act AUSTRAC staff members

(2C) The following are also staff members of AUSTRAC for the

purposes of this Act:

(a) the Director of AUSTRAC under the Financial Transaction

Reports Act 1988, as in force before section 3 of the

Anti-Money Laundering Act commenced;

(b) a member of the staff referred to in section 40 of the

Financial Transaction Reports Act 1988 as so in force;

Transaction Reports Act 1988 as so in force;

(d) an officer or employee of another government agency whose

services were made available to the Director of AUSTRAC

while the Financial Transaction Reports Act 1988 was so in

force, in connection with the performance of any of the

Director's functions.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 2 Expansion of coverage by ACLEI

28 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Note:

Section 3 of the Anti-Money Laundering Act commenced on

13 December 2006.

CrimTrac Agency staff members

(2D) The following are staff members of the CrimTrac Agency for the

purposes of this Act:

(a) the chief executive officer of the CrimTrac Agency;

(b) a member of the staff of the CrimTrac Agency;

CrimTrac Agency;

(d) an officer or employee of another government agency whose

services are made available to the chief executive officer of

the CrimTrac Agency, in connection with the performance of

any of the chief executive officer's functions.

Agriculture Department staff members

(2E) The following are staff members of the Agriculture Department for

the purposes of this Act:

(a) the Secretary of the Agriculture Department;

(b) a person in a class of persons prescribed by regulation for the

purposes of this subsection.

39 After paragraph 10(5)(ba)

Insert:

(bb) a person referred to in paragraph (2B)(d) or (2C)(d) is a

secondee to AUSTRAC; and

(bc) a person referred to in paragraph (2D)(d) is a secondee to the

CrimTrac agency; and

(bd) a person is a secondee to the Agriculture Department if a

regulation provides that the person is a secondee of the

Agriculture Department; and

40 Application of amendments in Part 2

(1)

The amendments made by Part 2 of this Schedule apply in relation to

corrupt conduct, whether engaged in before or after the commencement

of the Law Enforcement Integrity Commissioner Act 2006.

(2)

However, a requirement for the head of AUSTRAC, the CrimTrac

Agency or the Agriculture Department to notify a corruption issue to

Integrity testing and expansion of coverage by ACLEI Schedule 1

Expansion of coverage by ACLEI Part 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 29

the Integrity Commissioner under that Act only applies at and after the

commencement of this item.

Note:

See sections 19 and 20 of that Act.

(3)

In this item:

corrupt conduct has the same meaning as in the Law Enforcement

Integrity Commissioner Act 2006.

corruption issue has the same meaning as in the Law Enforcement

Integrity Commissioner Act 2006.

head of AUSTRAC, the CrimTrac Agency or the Agriculture

Department has the same meaning as in the Law Enforcement Integrity

Commissioner Act 2006.

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

30 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Part 3--Related amendments

Australian Crime Commission Act 2002

41 Subsection 4(1) (at the end of the definition of ACC

operation/investigation)

Add:

However, an ACC operation/investigation does not include an

integrity operation.

42 Subsection 4(1)

Insert:

integrity authority means:

(a) an integrity testing controlled operations authority under

Part IAB of the Crimes Act 1914 authorising a controlled

operation under that Part; or

(b) an integrity testing authority under Part IABA of the Crimes

Act 1914 authorising an integrity testing operation under that

Part.

43 Subsection 4(1)

Insert:

integrity operation means:

(a) a controlled operation authorised by an integrity testing

controlled operation authority granted under Part IAB of the

Crimes Act 1914; or

(b) an integrity testing operation authorised by an integrity

testing authority granted under Part IABA of the Crimes Act

1914.

44 Subsection 4(1) (at the end of the definition of intelligence

operation)

Add:

However, an intelligence operation does not include an integrity

operation.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 31

45 Subsection 4(1) (at the end of the definition of special

ACC operation/investigation)

Add:

However, a special ACC operation/investigation does not include

an integrity operation.

46 After paragraph 7A(c)

Insert:

(ca) to do any of the following (whether in its own name or

through officers or members of staff of the ACC), as

permitted or required for the purposes of Part IAB or IABA

of the Crimes Act 1914 or any other law of the

Commonwealth:

(i) to apply for, and to grant, integrity authorities in relation

to members of staff of the ACC;

(ii) to conduct and participate in integrity operations in

relation to members of staff of the ACC;

(iii) to assist the Australian Federal Police, Customs or the

Australian Commission for Law Enforcement Integrity

in making applications for integrity authorities;

(iv) to assist those agencies in the conduct of integrity

operations;

Surveillance Devices Act 2004

47 Subsection 6(1) (definition of disciplinary proceeding)

Repeal the definition, substitute:

disciplinary proceeding has the same meaning as in the Law

Enforcement Integrity Commissioner Act 2006.

48 Subsection 6(1)

Insert:

integrity authority means:

(a) an integrity testing controlled operations authority under

Part IAB of the Crimes Act 1914 authorising a controlled

operation under that Part; or

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

32 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(b) an integrity testing authority under Part IABA of the Crimes

Act 1914 authorising an integrity testing operation under that

Part.

49 Subsection 6(1)

Insert:

integrity operation means:

(a) a controlled operation authorised by an integrity testing

controlled operation authority granted under Part IAB of the

Crimes Act 1914; or

(b) an integrity testing operation authorised by an integrity

testing authority granted under Part IABA of the Crimes Act

1914.

50 Subsection 6(1) (after paragraph (da) of the definition of

relevant offence)

Insert:

(db) if a surveillance device warrant, or a tracking device

authorisation, is issued or given (or is sought) for the

purposes of an integrity operation in relation to a suspected

offence against the law of the Commonwealth, or of a State

or Territory, that is punishable by a maximum term of

imprisonment of 12 months or more or for life--that offence;

51 Subsection 6(1)

Insert:

target agency means any of the following:

(a) the Australian Federal Police;

(b) the Australian Crime Commission;

(c)

Customs.

52 Before subsection 14(1)

Insert:

Warrants sought for offence investigations

53 Before subsection 14(3)

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 33

Insert:

Warrants sought for recovery orders

54 Before subsection 14(3A)

Insert:

Warrants sought for mutual assistance investigations

55 After subsection 14(3A)

Insert:

Warrants sought for integrity operations

(3B) A federal law enforcement officer (or another person on his or her

behalf) may apply for the issue of a surveillance device warrant if:

(a) an integrity authority is in effect authorising an integrity

operation in relation to an offence that it is suspected has

been, is being or is likely to be committed by a staff member

of a target agency; and

(b) the federal law enforcement officer suspects on reasonable

grounds that the use of a surveillance device will assist the

conduct of the integrity operation by:

(i) recording or monitoring the operation; and

(ii) enabling evidence to be obtained relating to the

commission of the offence or the integrity, location or

identity of any staff member of the target agency.

Procedure for making applications

56 Subsection 14(4)

Omit "or (3A)", substitute ", (3A) or (3B)".

57 After paragraph 16(1)(ba)

Insert:

(bb) in the case of a warrant sought for the purposes of an

integrity operation--that the integrity authority for the

operation is in effect, and that there are reasonable grounds

for the suspicions founding the application for the warrant (as

mentioned in paragraphs 14(3B)(a) and (b)); and

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

34 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

58 Paragraph 16(2)(a)

After "or a mutual assistance authorisation", insert ", or for the purposes

of an integrity operation".

59 Paragraph 16(2)(e)

Omit "or a recovery order--", substitute "or a recovery order, or for the

purposes of an integrity operation--".

60 After subparagraph 17(1)(b)(iiia)

Insert:

(iiib) if the warrant is issued for the purposes of an integrity

operation--the integrity authority for the operation and

each alleged relevant offence in relation to which the

authority was granted; and

61 Subparagraph 17(1)(b)(ix)

Omit ", being a period not exceeding 90 days", substitute "(see

subsection (1A))".

62 After subsection 17(1)

Insert:

(1A) A warrant may only be issued:

(a) for a period of no more than 90 days; or

(b) if the warrant is issued for the purposes of an integrity

operation--for a period of no more than 21 days.

Note:

The use of a surveillance device pursuant to a warrant may be

discontinued earlier: see section 21.

63 Paragraph 19(1)(a)

Repeal the paragraph, substitute:

(a) for an extension of the warrant for a period of no more than:

(i) 90 days after the day the warrant would otherwise

expire; or

(ii) if the warrant is issued for the purposes of an integrity

operation--21 days after the day the warrant would

otherwise expire; or

64 Subsection 20(2)

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 35

Omit "or 21(3A)(a) and (b)", substitute ", 21(3A)(a) and (b) or

21(3B)(a) and (b)".

65 After subsection 21(3A)

Insert:

(3B)

If:

(a) the surveillance device warrant has been sought by or on

behalf of a federal law enforcement officer for the purposes

of an integrity operation; and

(b) the chief officer of the law enforcement agency to which the

law enforcement officer belongs or is seconded is satisfied

that:

(i) the use of a surveillance device under the warrant

sought is no longer necessary for the purposes of the

integrity operation; or

(ii) the integrity authority for the integrity operation is no

longer in effect;

the chief officer must, in addition to revoking the warrant under

section 20, take the steps necessary to ensure that use of the

surveillance device authorised by the warrant is discontinued.

66 At the end of section 21

Add:

(6) In the case of a warrant issued for the purposes of an integrity

operation, if the law enforcement officer to whom the warrant is

issued, or who is primarily responsible for executing the warrant,

believes that:

(a) the use of a surveillance device under the warrant is no

longer necessary for those purposes; or

(b) the integrity authority for the integrity operation is no longer

in effect;

he or she must immediately inform the chief officer of the law

enforcement agency to which he or she belongs or is seconded.

67 After subsection 39(3)

Insert:

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

36 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(3A) A federal law enforcement officer may, with the written permission

of an appropriate authorising officer, use a tracking device without

a warrant for the purposes of an integrity operation.

68 Subsection 39(4)

Omit "and (3)", substitute ", (3) and (3A)".

69 Subsections 39(5) and (7)

Omit "or (3)", substitute ", (3) or (3A)".

70 After paragraph 40(1)(d)

Insert:

(da) if the authorisation authorises the use of a tracking device for

the purposes of an integrity operation--details identifying the

integrity authority for the operation and each alleged relevant

offence; and

71 Paragraphs 45(1)(c) and (2)(c)

After "this section", insert "or section 45A (which deals with

information relating to integrity operations)".

72 After section 45

Insert:

45A Protected information related to integrity operations

(1) Protected information may be used, recorded, communicated or

published, or may be admitted in evidence, if it is necessary to do

so for any of the following purposes:

(a) making a decision about whether to apply for an integrity

authority;

(b) designing an integrity operation;

(d) granting an integrity authority;

(e) conducting an integrity operation;

(f) applying for any warrant, authorisation or order, under a law

of the Commonwealth, for the purposes of an integrity

operation;

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 37

(g) any disciplinary or legal action in relation to a staff member

of a target agency, if arising out of, or otherwise related to, an

integrity testing operation.

Note:

If use etc. of protected information is permitted under this section, the

offences in subsections 45(1) and (2) do not apply (see paragraphs

45(1)(c) and (2)(c)).

(2) Subsection (1) does not limit subsections 45(4) and (5) (which

permit protected information to be used etc. for certain other

purposes).

(3) If protected information is communicated under subsection (1),

subsection 45(7) does not apply in relation to the further

communication of the information.

Note:

If protected information is communicated from one agency to another

agency, subsection 45(7) restricts the circumstances in which the

information may be further communicated.

(4) Paragraph (1)(g) (use etc. for disciplinary or legal action) does not

authorise:

(a) the use, recording, communication or publication of

information of the kind referred to in paragraph (d) of the

definition of protected information in section 44; or

(b) the giving in evidence of protected information of the kind

referred to in paragraph (d) of that definition;

regardless of whether that information is also information of the

kind referred to in paragraph (b) or (c) of that definition.

Note:

Paragraph (d) of the definition of protected information in section 44

covers information obtained by a law enforcement officer in

contravention of a requirement for a warrant, tracking device

authorisation or emergency authorisation.

(5) In this section:

disciplinary or legal action, in relation to a staff member of a

target agency, means any of the following:

(a) action in respect of alleged misconduct of the staff member;

(b) termination of the employment or appointment of the staff

member;

report of such a proceeding;

(d) the investigation of an offence suspected to have been

committed by the staff member;

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

38 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(e) a legal proceeding in relation to the staff member, or a report

of such a proceeding.

Disciplinary or legal action also includes the consideration of

whether an action or proceeding covered by this definition should

be taken or brought.

staff member, of a target agency, means a staff member of that

agency within the meaning of the Law Enforcement Integrity

Commissioner Act 2006 (see section 10 of that Act).

73 Subparagraph 46(1)(b)(i)

After "45(5)", insert "or 45A(1)".

74 Subsection 46(2)

After "45(4) or (5)", insert "or 45A(1)".

75 Subparagraph 46(2)(b)(i)

After "45(5)", insert "or 45A(1)".

76 After subparagraph 49(2)(b)(x)

Insert:

(xa) if the warrant is issued or the authorisation given for the

purposes of an integrity operation--give details of the

benefit to the operation of the use of the device and of

the general use made or to be made of any evidence or

information obtained by the use of the device; and

77 After subparagraph 53(2)(c)(iiia)

Insert:

(iiib) if the warrant was issued for the purposes of an integrity

operation--details identifying the integrity authority for

the operation and the relevant offence in respect of

which the integrity authority was granted; and

78 At the end of paragraph 53(4)(c)

Add:

; and (iv) if the authorisation was given for the purposes of an

integrity operation--details identifying the integrity

authority authorising the operation and the relevant

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 39

offence in respect of which the integrity authority was

granted.

Telecommunications (Interception and Access) Act 1979

79 Subsection 5(1)

Insert:

integrity authority means:

(a) an integrity testing controlled operations authority under

Part IAB of the Crimes Act 1914 authorising a controlled

operation under that Part; or

(b) an integrity testing authority under Part IABA of the Crimes

Act 1914 authorising an integrity testing operation under that

Part.

80 Subsection 5(1)

Insert:

integrity operation means:

(a) a controlled operation authorised by an integrity testing

controlled operation authority granted under Part IAB of the

Crimes Act 1914; or

(b) an integrity testing operation authorised by an integrity

testing authority granted under Part IABA of the Crimes Act

1914.

81 Subsection 5(1) (definition of permitted purpose)

After "interception agency,", insert "Customs,".

82 Subsection 5(1) (paragraph (a) of the definition of

permitted purpose)

After "in any case", insert "(except in the case of Customs)".

83 Subsection 5(1) (after paragraph (a) of the definition of

permitted purpose)

Insert:

(aaa) in the case of a Commonwealth agency or Customs--a

purpose mentioned in the table in section 6S in relation to the

agency or Customs; or

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

40 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

84 After paragraph 5B(1)(ea)

Insert:

(eb) a proceeding in so far as it is, or relates to, disciplinary or

legal action (within the meaning of section 6S) that is in

relation to an eligible staff member (within the meaning of

that section) of the Australian Federal Police or the ACC; or

85 After section 6R

Insert:

6S Permitted purposes--integrity purposes

(1) For the purposes of paragraph (aaa) of the definition of permitted

purpose in subsection 5(1), a purpose mentioned in column 2 of an

item in the following table is a permitted purpose in relation to a

Commonwealth agency, or Customs, as mentioned in column 1 of

that item.

Permitted purposes--integrity purposes

Item Column

1--Commonwealth

agency or Customs

Column 2--Permitted purpose

(a) Australian Federal Police;

(b) ACC; or

Law Enforcement

Integrity; or

(d) Customs.

A purpose connected with:

(a) a decision about whether to apply for

an integrity authority; or

(b) designing, but not conducting, an

integrity operation; or

authority; or

(d) granting an integrity authority.

(a) Australian Federal Police;

(b) ACC; or

Law Enforcement

Integrity.

A purpose connected with an application

for any warrant, authorisation or order,

under a law of the Commonwealth, that is

made for the purposes of an integrity

operation.

(a) Australian Federal Police;

(b) ACC.

A purpose connected with disciplinary or

legal action in relation to an eligible staff

member of that agency, if arising out of, or

otherwise related to, an integrity operation.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 41

Note: The

Commonwealth agencies are the ACC, the Australian Federal

Police and the Australian Commission for Law Enforcement Integrity

(see subsection 5(1)).

(2) In this section:

disciplinary or legal action, in relation to an eligible staff member

of the Australian Federal Police or the ACC, means any of the

following:

(a) action in respect of alleged misconduct of the staff member;

(b) termination of the employment or appointment of the staff

member;

Enforcement Integrity Commissioner Act 2006) in relation to

the staff member, or a report of such a proceeding;

(d) the investigation of an offence suspected to have been

committed by the staff member;

(e) a legal proceeding in relation to the staff member, or a report

of such a proceeding.

Disciplinary or legal action also includes the consideration of

whether an action or proceeding covered by this definition should

be taken or brought.

eligible staff member, of the Australian Federal Police or the ACC,

means a staff member of that agency within the meaning of the

Law Enforcement Integrity Commissioner Act 2006 (see section 10

of that Act).

86 At the end of section 68

Add:

; and (m) to the chief officer of the Australian Federal Police or the

ACC, if the information relates, or appears to relate, to either

of the following:

(i) a matter in relation to which an application for an

integrity authority may be made, is intended to be made

or has been made in relation to that agency;

(ii) a matter in relation to which that agency has conducted,

or is conducting, an integrity operation; and

(n) to the chief officer of the Australian Commission for Law

Enforcement Integrity, if the information relates, or appears

to relate, to either of the following:

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

42 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(i) a matter in relation to which an application for an

integrity authority may be made, is intended to be made

or has been made in relation to the Australian Federal

Police, the ACC or Customs;

(ii) a matter in relation to which the Australian Commission

for Law Enforcement Integrity has conducted, or is

conducting, an integrity operation; and

(o) if the originating agency is the Australian Commission for

Law Enforcement Integrity--to the Chief Executive Officer

of Customs, in the case of information that relates, or appears

to relate, to either of the following:

(i) a matter in relation to which an application for an

integrity authority may be made, is intended to be made

or has been made in relation to Customs;

(ii) a matter in relation to which Customs is conducting an

integrity operation.

87 Subsection 139(1)

After "and for no other purpose", insert "(other than a purpose referred

to in subsection 139A(2), if applicable)".

88 After section 139

Insert:

139A Dealing for integrity purposes

(1) An officer or staff member of a Commonwealth agency may, for

one or more purposes referred to in subsection (2), and for no other

purpose (other than a purpose referred to in subsection 139(2), if

applicable), communicate to another person, make use of, or make

a record of the following:

(a) lawfully accessed information other than foreign intelligence

information;

(b) stored communications warrant information.

(2) The purposes are:

(a) a permitted purpose mentioned in the table in section 6S in

relation to the agency or another Commonwealth agency; or

(b) purposes connected with the keeping of records by the

agency under Part 3-5.

Integrity testing and expansion of coverage by ACLEI Schedule 1

Related amendments Part 3

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 43

89 Section 142

After "139", insert "or 139A".

90 Paragraph 150(1)(b)

After "subsection 139(2)" insert "or 139A(2)".

91 Application of amendments in Part 3

Amendments of the Surveillance Devices Act 2004

(1)

Subsections 14(3B) and 39(3A) of the Surveillance Devices Act 2004,

as inserted by this Part, apply in relation to an integrity operation for

which the integrity authority was granted on or after the commencement

of this Part, whether the act or omission constituting the suspected

offence to which the operation relates occurred (or is alleged to have

occurred) before, on or after that commencement.

(2)

Section 45A of the Surveillance Devices Act 2004, as inserted by this

Part, applies in relation to protected information whether the

information was obtained or created before, on or after the

commencement of this Part.

Amendments of the Telecommunications (Interception and

Access) Act 1979

(3)

The amendments of the definition of permitted purpose in subsection

5(1) of the Telecommunications (Interception and Access) Act 1979,

and section 6S of that Act, as made and inserted by this Part, apply in

relation to the communication, use and recording of lawfully intercepted

information or interception warrant information on or after the

commencement of this Part, whether the information was obtained, or

the interception warrant was issued, before, on or after that

commencement.

(4)

Paragraphs 68(m), (n) and (o) of the Telecommunications (Interception

and Access) Act 1979, as added by this Part, apply in relation to the

communication of lawfully intercepted information or interception

warrant information on or after the commencement of this Part, whether

the information was obtained, or the interception warrant was issued,

before, on or after that commencement.

(5)

Section 139A of the Telecommunications (Interception and Access) Act

1979, as inserted by this Part, applies in relation to the communication,

Schedule 1 Integrity testing and expansion of coverage by ACLEI

Part 3 Related amendments

44 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

use or recording of lawfully accessed information or stored

communications warrant information for a permitted purpose referred to

in section 6S of that Act (as inserted by this Part) on or after the

commencement of this Part, whether the information was obtained, or

the stored communications warrant was issued, before, on or after that

commencement.

(6)

Sections 74 and 143 of the Telecommunications (Interception and

Access) Act 1979 apply to the giving of information in evidence in a

proceeding referred to in paragraph 5B(1)(eb) of that Act (as inserted by

this Part) that is, or that relates to, disciplinary or legal action on or after

the commencement of this Part, whether the information was obtained,

or the interception warrant or stored communications warrant was

issued, before, on or after that commencement.

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 45

Schedule 2--Other amendments relating to

the Australian Customs and Border

Protection Service

Customs Administration Act 1985

1 Section 3

Insert:

alcohol blood test means a test of a person's blood to determine the

amount of alcohol (if any) in the person's blood.

2 Section 3

Insert:

alcohol breath test means a test of a person's breath to determine

the amount of alcohol (if any) in the person's blood.

3 Section 3

Insert:

alcohol screening test means a test of a person's breath to

determine whether alcohol is present in the person's breath.

4 Section 3

Insert:

authorised officer, in relation to a particular provision of this Act,

means an officer of Customs authorised under section 3B to

exercise the powers or perform the functions of an authorised

officer under that provision.

5 Section 3

Insert:

body sample means any of the following:

(a) any human biological fluid;

(b) any human biological tissue (whether alive or otherwise);

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

46 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

6 Section 3

Insert:

CEO's Orders means orders under section 4B.

7 Section 3

Insert:

corrupt conduct: see engages in corrupt conduct.

8 Section 3

Insert:

Customs vessel means a vessel used, or for use, for the purposes of

the Australian Customs and Border Protection Service.

9 Section 3

Insert:

Customs worker means:

(a) an officer of Customs; or

(b) a person who is:

(i) an employee of an Agency (within the meaning of the

Public Service Act 1999); or

(ii) an officer or employee of a State or Territory; or

(iii) an officer or employee of an authority of the

Commonwealth, a State or a Territory;

and whose services are made available to the Australian

Customs and Border Protection Service; or

(i) engaged as a consultant or contractor to perform

services for the Australian Customs and Border

Protection Service; and

(ii) specified in a determination made by the CEO under

section 3C; or

(d) a person who is:

(i) engaged or employed by a person to whom

paragraph (c) or this paragraph applies; and

(ii) specified in a determination made by the CEO under

section 3C.

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 47

10 Section 3

Insert:

engages in corrupt conduct: a Customs worker engages in corrupt

conduct if the Customs worker, while a Customs worker, engages

in:

(a)

conduct

that:

(i)

involves;

(ii) is engaged in for the purpose (or for purposes including

the purpose) of;

the Customs worker abusing his or her position as a Customs

worker; or

(b)

conduct

that:

(i)

perverts;

(ii) is engaged in for the purpose (or for purposes including

the purpose) of perverting;

the course of justice; or

Customs worker as a Customs worker:

(i)

involves;

(ii) is engaged in for the purpose (or for purposes including

the purpose) of;

corruption of any other kind.

11 Section 3

Insert:

officer of Customs has the same meaning as in the Customs Act

1901.

12 Section 3

Insert:

prohibited drug means:

(a) a narcotic substance (within the meaning of the Customs Act

1901); or

(b) any drug specified in a legislative instrument under

section 16H.

13 Section 3

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

48 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

Insert:

prohibited drug test means a test of a body sample of a person to

determine the presence (if any) of a prohibited drug in the sample.

14 Section 3

Insert:

serious misconduct, by a Customs worker, means:

(a) corruption, a serious abuse of power, or a serious dereliction

of duty, by the Customs worker; or

(b) any other seriously reprehensible act or behaviour by the

Customs worker, whether or not acting, or purporting to act,

in the course of his or her duties as such a Customs worker.

15 After section 3A

Insert:

3B Authorised officers

The CEO may, in writing, authorise an officer of Customs to

perform or exercise the functions or powers of an authorised

officer under a particular provision of this Act.

3C Determination of consultants, contractors and subcontractors as

Customs workers

(1) The CEO may, by writing, determine that:

(a) a specified consultant or contractor engaged to perform

services for the Australian Customs and Border Protection

Service; or

(b) a specified person who is engaged or employed by a person

to whom paragraph (c) or (d) of the definition of Customs

worker applies;

is a Customs worker.

(2) A determination under subsection (1) is not a legislative

instrument.

16 After section 4A

Insert:

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 49

4B CEO's Orders

CEO may issue orders

(1) In the exercise of his or her powers under subsection 4(2), the CEO

may, by writing, issue orders with respect to the control of the

Australian Customs and Border Protection Service.

(2) Without limiting subsection (1), the CEO may issue CEO's Orders

relating to the reporting, by Customs workers, of any of the

following:

(a) serious misconduct by a Customs worker;

(b) corrupt conduct engaged in by a Customs worker;

where the serious misconduct, corrupt conduct or criminal activity

affects, or is likely to affect, the operations and responsibilities of

the Australian Customs and Border Protection Service.

(3) Subsection (1) does not limit subsection 4(4).

Compliance with CEO's Orders

(4) A Customs worker must comply with CEO's Orders.

CEO's Orders are not legislative instruments

(5) CEO's Orders are not legislative instruments.

4C Self-incrimination--CEO's Orders relating to the reporting of

serious misconduct etc.

(1) If a Customs worker is required by a CEO's Order of the kind

referred to in subsection 4B(2) to give information, answer a

question or produce a document, the Customs worker is not

excused from giving the information, answering the question or

producing the document on the ground that the information, the

answer to the question or the production of the document might

tend to incriminate the Customs worker or expose the Customs

worker to a penalty.

(2) However, the information given, the answer given or the document

produced is not admissible in evidence against the Customs worker

in any proceedings.

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

50 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(3) Subsection (2) has effect subject to section 16G.

17 Application--CEO's Orders relating to the reporting of

serious misconduct etc.

A CEO's Order of the kind referred to in subsection 4B(2) of the

Customs Administration Act 1985, as inserted by this Schedule, applies

to serious misconduct, corrupt conduct and criminal activity, whether

engaged in before, on or after the commencement of this item.

18 At the end of subsection 14(1)

Add "(other than a function or power under section 15A)".

19 After section 15

Insert:

15A Termination of employment of member of staff for serious

misconduct

CEO may make declaration

(1) This section applies if the CEO terminates the employment of a

member of the staff referred to in subsection 15(1) and the CEO

believes, on reasonable grounds, that the staff member's conduct or

behaviour, or any part of it:

(a) amounts to serious misconduct by the staff member; and

(b) is having, or is likely to have, a damaging effect on:

(i) the professional self-respect or morale of some or all of

the members of the staff of the Australian Customs and

Border Protection service; or

(ii) the reputation of the Australian Customs and Border

Protection Service with the public, or any section of the

public, or with an Australian or overseas government, or

with a person or body (however described) to whom the

CEO may authorise disclosure of information under

section 16.

Note:

See section 29 of the Public Service Act 1999 for termination of the

employment of a member of the staff referred to in subsection 15(1) of

this Act.

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 51

(2) The CEO may, in accordance with subsection (5), make a

declaration that he or she has the belief referred to in subsection (1)

in relation to the staff member.

Effect of declaration on Fair Work Act

(3) If the CEO makes the declaration for the staff member, the Fair

Work Act 2009 (other than Part 3-1 and Division 9 of Part 3-3 of

that Act) does not apply in relation to:

(a) the termination of the staff member's employment; or

(b) the making of the declaration.

Note 1:

This means, for example, that the provisions of the Fair Work Act

2009 dealing with unfair dismissal, and notice of termination or

payment in lieu, do not apply in relation to the staff member.

Note 2:

Part 3-1 of the Fair Work Act 2009 deals with general protections, and

Division 9 of Part 3-3 of that Act deals with payments relating to

periods of industrial action.

(4) To avoid doubt, subsection (3) applies despite section 8 of the

Public Service Act 1999.

Procedural requirements

(5) The declaration must be:

(a) in writing; and

(b) made within 24 hours of the CEO's decision to terminate the

staff member's employment.

(6) The CEO must give the staff member a copy of the declaration.

CEO to give report after making declaration

(7) The CEO must give the Minister a written report containing the

following, as soon as practicable after making the declaration:

(a) the grounds for the CEO's belief referred to in subsection (1)

in relation to the staff member;

(b) the nature and findings of any investigation of, or inquiry

into, the staff member's conduct or behaviour;

Declaration not a legislative instrument

(8) A declaration under subsection (2) is not a legislative instrument.

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

52 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

20 Application--termination for serious misconduct

Section 15A of the Customs Administration Act 1985, as inserted by this

Schedule, applies in relation to a decision to terminate the employment

of a member of staff that is made after the commencement of this item.

21 After section 16AA

Insert:

16B Authorised officers may require Customs workers to undergo

alcohol screening tests etc.

(1) An authorised officer may require a Customs worker to undergo an

alcohol screening test if:

(a) the Customs worker is in the course of performing his or her

duties as a Customs worker; and

(b) the authorised officer reasonably suspects that the Customs

worker is under the influence of alcohol.

Compliance with direction

(2) The Customs worker must comply with the requirement given to

him or her under subsection (1).

Test results

(3) If the result of the alcohol screening test shows that alcohol is not

present in the Customs worker's breath, the Customs worker may

return to his or her duties immediately.

(4) This section does not limit the operation of section 16C.

16C Authorised officers may require Customs workers to undergo

alcohol screening tests, alcohol breath tests or prohibited

drug tests etc.

(1) An authorised officer may give a Customs worker who is in the

course of performing his or her duties as a Customs worker a

written direction requiring the Customs worker to do one or more

of the following:

(a) undergo an alcohol screening test;

(b) undergo an alcohol breath test;

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 53

for a prohibited drug test;

in accordance with the regulations.

Providing blood sample if alcohol breath test indicates the

presence of alcohol

(2)

If:

(a) a Customs worker undergoes an alcohol breath test in

accordance with a direction under subsection (1); and

(b) the alcohol breath test indicates the presence of alcohol;

he or she may provide a sample of his or her blood for the purpose

of an alcohol blood test, in accordance with the regulations.

Compliance with direction

(3) A Customs worker must comply with a direction given to him or

her under this section.

16D Alcohol screening tests, alcohol breath tests and prohibited

drug tests after certain incidents

Person killed or seriously injured in an incident involving a motor

vehicle or vessel or while detained

(1) An authorised officer may give a Customs worker a direction under

subsection (3) if:

(a)

either:

(i) a person is killed or seriously injured as a result of an

incident involving a motor vehicle or vessel; or

(ii) an incident occurs in which a person is killed or

seriously injured while the person is held in custody in

relation to an arrest under the Customs Act 1901 or

otherwise detained under that Act; and

(b) the Customs worker is directly involved in the incident in the

course of performing his or her duties as a Customs worker.

Person killed or seriously injured by a firearm discharging or

physical force

(2) An authorised officer may give a Customs worker a direction under

subsection (3) if:

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

54 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(a) all of the following apply:

(i) the Customs worker is an officer authorised to carry

arms within the meaning of section 189A of the

Customs Act 1901;

(ii) an incident occurs in which a person is killed or

seriously injured as a result of the discharge of a firearm

by the Customs worker;

(iii) the incident occurs in the course of the Customs worker

performing his or her duties as a Customs worker; or

(b) all of the following apply:

(i) the Customs worker is an officer of Customs;

(ii) an incident occurs in which a person is killed or

seriously injured as a result of the application of

physical force by the Customs worker;

(iii) the incident occurs in the course of the Customs worker

performing his or her duties as a Customs worker.

Direction

(3) The authorised officer may give the Customs worker a written

direction requiring the Customs worker:

(a) to undergo an alcohol screening test; or

(b) to undergo an alcohol breath test; or

for a prohibited drug test;

in accordance with the regulations.

Note:

Such a direction may be given whether or not the Customs worker is

still performing his or her duties as a Customs worker: see

subsection (4).

Direction to be given as soon as practicable after the incident

(4) A direction under subsection (3) must be given by an authorised

officer as soon as practicable after the incident concerned and may

be given whether or not the Customs worker is still performing his

or her duties as a Customs worker.

Provision of blood or body sample while in hospital

(5) If a Customs worker involved in an incident referred to in

subsection (1) or (2) attends or is admitted to a hospital for

Other amendments relating to the Australian Customs and Border Protection Service

Schedule 2

Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012 55

examination or treatment because of the incident, an authorised

officer may give the Customs worker a written direction requiring

him or her:

(a) to provide a sample of his or her blood for an alcohol blood

test; or

(b) to provide a body sample of a kind specified in the direction

for a prohibited drug test;

in accordance with the regulations.

Compliance with direction

(6) A Customs worker must comply with a direction given to him or

her under this section.

16E Alcohol screening tests etc.--performing duties on board a

Customs vessel

If:

(a) a Customs worker is on board a Customs vessel throughout a

period (the on board period); and

(b) at any time during the on board period, the Customs worker

performs duties as a Customs worker;

the Customs worker is taken, for the purposes of sections 16B, 16C

and 16D, to be in the course of performing his or her duties as a

Customs worker throughout the on board period.

16F Regulations

For the purposes of sections 16B, 16C and 16D, the regulations

may make provision for and in relation to the following:

(a) the authorisation of persons:

(i) to conduct alcohol screening tests, alcohol breath tests,

alcohol blood tests or prohibited drug tests for the

purpose of those sections; and

(ii) to operate equipment for that purpose;

(b) the provision of samples of blood for the purpose of alcohol

blood tests under those sections;

drug tests under those sections;

Schedule 2 Other amendments relating to the Australian Customs and Border

Protection Service

56 Law Enforcement Integrity Legislation Amendment Bill 2012 No. , 2012

(d) the conduct of alcohol screening tests, alcohol breath tests,

alcohol blood tests or prohibited drug tests under those

sections;

(e) the devices used in conducting alcohol screening tests,

alcohol breath tests, alcohol blood tests or prohibited drug

tests under those sections, including the calibration,

inspection and testing of those devices;

(f) in the case of alcohol blood tests and prohibited drug tests--

the accreditation of persons to conduct analyses in

connection with such tests;

(g) the procedure for the handling and analysis of:

(i) samples of blood taken in connection with alcohol blood

tests under those sections; or

(ii) body samples taken in connection with prohibited drug

tests under those sections;

(h) the giving of the test results in certificates or other documents

and the evidentiary effect of such certificates or other

documents;

(i) the confidentiality of the test results.

16G Admissibility of test results etc. in legal proceedings

The

following:

(a) a certificate or other document recording the results of a test

conducted under section 16B, 16C or 16D in relation to a

Customs worker;

(b) any other information, answer to a question or document

relevant to conducting such a test;

is not admissible in evidence against the Customs worker in any

proceedings other than the following:

the employment or engagement of the Customs worker;

(d) proceedings under the Safety, Rehabilitation and

Compensation Act 1988;

(e) proceedings in tort against the Commonwealth that are

instituted by the Customs worker.

Commonwealth of Australia Bills

LAW ENFORCEMENT INTEGRITY LEGISLATION AMENDMENT BILL 2012