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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Telecommunications (Interception and
Access) Amendment (Corrective Services
Authorities) Bill 2022
No. , 2022
(Home Affairs)
A Bill for an Act to amend the Telecommunications
(Interception and Access) Act 1979, and for related
purposes
No. , 2022
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Telecommunications (Interception and Access) Act 1979
3
No. , 2022
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
1
A Bill for an Act to amend the Telecommunications
1
(Interception and Access) Act 1979, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Telecommunications (Interception and Access)
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Amendment (Corrective Services Authorities) Act 2022
.
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2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
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3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
3
Schedule 1--Amendments
1
2
Telecommunications (Interception and Access) Act 1979
3
1 Subsection 5(1)
4
Insert:
5
corrective services authority
has the meaning given by
6
section 176B.
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2 Subsection 5(1) (paragraph (o) of the definition of officer)
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After "176A(3)", insert "or 176B(3)".
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3 After paragraph 176A(1)(b)
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Insert:
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; (c) subject to subsection 176B(7), a corrective services authority
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for which a declaration under subsection 176B(3) is in force.
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4 After section 176A
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Insert:
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176B Corrective services authority
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(1) A
corrective services authority
is a State/Territory authority that is
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responsible for providing corrective services.
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Declarations
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(2) The State/Territory Minister for a corrective services authority may
20
request the Commonwealth Minister to declare the authority to be
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an enforcement agency.
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(3) The Commonwealth Minister may, by legislative instrument,
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declare:
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(a) a corrective services authority to be an enforcement agency;
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and
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Schedule 1
Amendments
4
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
No. , 2022
(b) persons specified, or of a kind specified, in the declaration to
1
be officers of the enforcement agency for the purposes of this
2
Act.
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(4) The Commonwealth Minister must not make the declaration unless
4
the State/Territory Minister for the corrective services authority has
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made a request under subsection (2).
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(5) In considering whether to make the declaration, the
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Commonwealth Minister may consult such persons or bodies as the
8
Commonwealth Minister thinks fit. In particular, the
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Commonwealth Minister may consult the Privacy Commissioner
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and the Ombudsman.
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Conditions on declarations
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(6) The declaration may be subject to conditions.
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(7) Without limiting subsection (6), a condition may provide that the
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corrective services authority is not to exercise a power conferred
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on an enforcement agency by or under a specified provision in this
16
Chapter. The corrective services authority is taken, for the
17
purposes of this Act, not to be an enforcement agency for the
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purposes of that provision.
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Revoking declarations
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(8) The State/Territory Minister for a corrective services authority may
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request the Commonwealth Minister to revoke a declaration under
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subsection (3) relating to the authority.
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(9) The Commonwealth Minister must, by legislative instrument,
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revoke a declaration under subsection (3) relating to a corrective
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services authority if the Commonwealth Minister receives a request
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under subsection (8) relating to the authority.
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(10) The Commonwealth Minister may, by legislative instrument,
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revoke a declaration under subsection (3) relating to a corrective
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services authority if the Commonwealth Minister is satisfied that
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the extent of compliance by the authority with this Act has been
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unsatisfactory.
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Amendments
Schedule 1
No. , 2022
Telecommunications (Interception and Access) Amendment (Corrective
Services Authorities) Bill 2022
5
(11) The revocation under subsection (9) or (10) of a declaration
1
relating to a corrective services authority does not affect the
2
validity of an authorisation, made by an authorised officer of the
3
authority under this Division, that was in force immediately before
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the revocation took effect.
5
When declaration comes into force
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(12) A declaration under subsection (3) comes into force:
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(a) at the start of the day after the day the declaration is
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registered; or
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(b) at the start of such later day as is specified in the declaration.
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Interpretation
11
(13) In this section:
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Commonwealth Minister
means the Minister.
13
State/Territory authority
means:
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(a) a department of a State or the Australian Capital Territory; or
15
(b) a part of a department of a State or the Australian Capital
16
Territory; or
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(c) an authority or body established for a public purpose by or
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under a law of a State or the Australian Capital Territory.
19
State/Territory Minister
for a corrective services authority means
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the Minister of a State or the Australian Capital Territory who is
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responsible for corrective services in the State or the Australian
22
Capital Territory, as the case requires.
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(14) The definition of
authority
in subsection 5(1) does not apply to this
24
section.
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