TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT (STORED COMMUNICATIONS AND OTHER MEASURES) BILL 2005

i Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................2

Schedule 1--Amendment of the Telecommunications

(Interception) Act 1979

Part 1--Stored communications

Part 2--Victorian Office of Police Integrity

Part 3--Other State authorities

Part 4--Commonwealth, State and Territory officers

Part 5--Technical amendments arising from the enactment of

the Legislative Instruments Act 2003

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 1

A Bill for an Act to amend the Telecommunications

(Interception) Act 1979, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Telecommunications (Interception)

Amendment (Stored Communications and Other Measures) Act

2005.

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 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

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 on which this Act receives the

Royal Assent.

2. Schedule 1,

Part 1

The day on which this Act receives the

Royal Assent.

3. Schedule 1,

Part 2

A single day to be fixed by Proclamation.

However, if the provision(s) do not

commence within the period of 12 months

beginning on the day on which this Act

receives the Royal Assent, the provision(s)

are repealed on the first day after the end of

that period.

4. Schedule 1,

Parts 3 to 5

The day on which this Act receives the

Royal Assent.

Note:

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

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

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.

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Stored communications Part 1

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 3

Schedule 1--Amendment of the

Telecommunications (Interception) Act

1979

Part 1--Stored communications

1 Subsection 6E(3)

Omit "12-month", substitute "18-month".

2 Paragraph 7(2)(ad)

Omit "12-month", substitute "18-month".

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 2 Victorian Office of Police Integrity

4 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Part 2--Victorian Office of Police Integrity

3 Subsection 5(1) (after paragraph (e) of the definition of

certifying officer)

Insert:

(ea) in the case of the Office of Police Integrity:

(i) the Director, Police Integrity; or

(ii) a member of the staff of the Office of Police Integrity

who occupies a position of Deputy Director, Police

Integrity and who is authorised in writing by the

Director, Police Integrity for the purposes of this

paragraph; or

(iii) a member of the staff of the Office of Police Integrity

who occupies a position of Assistant Director, Police

Integrity and who is authorised in writing by the

Director, Police Integrity for the purposes of this

paragraph; or

4 Subsection 5(1) (before paragraph (f) of the definition of

chief officer)

Insert:

(eb) in the case of the Office of Police Integrity--the Director,

Police Integrity; or

5 Subsection 5(1)

Insert:

Director, Police Integrity means the Director, Police Integrity

under the Police Regulation Act.

6 Subsection 5(1) (after paragraph (b) of the definition of

eligible authority)

Insert:

(ba) in the case of Victoria--the Office of Police Integrity; or

7 Subsection 5(1)

Insert:

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Victorian Office of Police Integrity Part 2

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 5

member of the staff of the Office of Police Integrity means a

person who is, for the purposes of the Police Regulation Act, a

member of the staff of the Office of Police Integrity.

8 Subsection 5(1)

Insert:

Office of Police Integrity means the Office of Police Integrity

established by the Police Regulation Act.

9 Subsection 5(1) (before paragraph (f) of the definition of

officer)

Insert:

(eb) in the case of the Office of Police Integrity:

(i) a member of the staff of the Office of Police Integrity;

(ii) an individual who is engaged under paragraph

102E(1)(b) of the Police Regulation Act; or

10 Subsection 5(1) (before paragraph (g) of the definition of

permitted purpose)

Insert:

(f) in the case of the Office of Police Integrity:

(i) an investigation by the Director, Police Integrity under

the Police Regulation Act into the conduct of a member

of the force (within the meaning of that Act); or

(ii) an investigation by the Director, Police Integrity under

the Police Regulation Act into serious misconduct

(within the meaning of that Act); or

(iii) a report on an investigation covered by subparagraph (i)

or (ii); or

11 Subsection 5(1)

Insert:

Police Regulation Act means the Police Regulation Act 1958 of

Victoria.

12 Subsection 5(1) (before paragraph (d) of the definition of

prescribed investigation)

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 2 Victorian Office of Police Integrity

6 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Insert:

(cb) in the case of the Office of Police Integrity--means an

investigation that the Director, Police Integrity is conducting

in the performance of the Director's functions under the

Police Regulation Act; or

13 Subsection 5(1) (before paragraph (f) of the definition of

relevant offence)

Insert:

(eb) in the case of the Office of Police Integrity--a prescribed

offence that is an offence against a law of Victoria and to

which a prescribed investigation relates; or

14 Before paragraph 5B(ia)

Insert:

(i) a proceeding of the Director, Police Integrity; or

15 After subparagraph 6A(1)(c)(vii)

Insert:

(viii) the Office of Police Integrity;

16 After paragraph 6L(2)(b)

Insert:

(ba) in the case of the Office of Police Integrity--a reference to a

proceeding by way of a prosecution for a prescribed offence:

(i) that is an offence against the law of Victoria; and

(ii) to which a prescribed investigation relates or related; or

17 After paragraph 39(2)(e)

Insert:

(ea) in the case of the Office of Police Integrity:

(i) a member of the staff of the Office of Police Integrity;

(ii) an individual who is engaged under paragraph

102E(1)(b) of the Police Regulation Act; or

18 Before paragraph 68(f)

Insert:

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Victorian Office of Police Integrity Part 2

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 7

(ec) if the information relates, or appears to relate, to a matter that

may give rise to an investigation by the Director, Police

Integrity--to the Director, Police Integrity; and

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 3 Other State authorities

8 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Part 3--Other State authorities

19 Subsection 5(1) (after paragraph (e) of the definition of

chief officer)

Insert:

(ea) in the case of the Inspector of the Independent Commission

Against Corruption--the Inspector of the Independent

Commission Against Corruption; or

20 Subsection 5(1) (paragraph (b) of the definition of eligible

authority)

After "Independent Commission Against Corruption,", insert "the

Inspector of the Independent Commission Against Corruption,".

21 Subsection 5(1)

Insert:

Inspector of the Independent Commission Against Corruption

means the Inspector of the Independent Commission Against

Corruption referred to in section 57A of the Independent

Commission Against Corruption Act.

22 Subsection 5(1)

Insert:

member of the staff of the Inspector of the Independent

Commission Against Corruption means:

(a) a member of the staff referred to in subsection 57E(1) or (2)

of the Independent Commission Against Corruption Act; or

(b) a person engaged under subsection 57E(3) of that Act; or

that Act.

23 Subsection 5(1) (after paragraph (e) of the definition of

officer)

Insert:

(ea) in the case of the Inspector of the Independent Commission

Against Corruption:

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Other State authorities Part 3

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 9

(i) the Inspector of the Independent Commission Against

Corruption; or

(ii) a member of the staff of the Inspector of the

Independent Commission Against Corruption; or

24 Subsection 5(1) (at the end of paragraphs (a), (aa) and (b)

of the definition of permitted purpose)

Add "or".

25 Subsection 5(1) (after paragraph (d) of the definition of

permitted purpose)

Insert:

(da) in the case of the Independent Commission Against

Corruption:

(i) an investigation under the Independent Commission

Against Corruption Act into whether corrupt conduct

(within the meaning of that Act) may have occurred,

may be occurring or may be about to occur; or

(ii) a report on such an investigation; or

(db) in the case of the Inspector of the Independent Commission

Against Corruption:

(i) dealing with (by reports and recommendations)

complaints of abuse of power, impropriety or other

forms of misconduct (within the meaning of the

Independent Commission Against Corruption Act) on

the part of the Independent Commission Against

Corruption or officers of that Commission; or

(ii) dealing with (by reports and recommendations) conduct

amounting to maladministration (within the meaning of

the Independent Commission Against Corruption Act)

by the Independent Commission Against Corruption or

officers of that Commission; or

(dc) in the case of the Inspector of the Police Integrity

Commission--dealing with (by reports and

recommendations) complaints of abuse of power,

impropriety or other forms of misconduct (within the

meaning of the Police Integrity Commission Act) on the part

of the Police Integrity Commission or officers of that

Commission; or

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 3 Other State authorities

10 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

26 Subsection 5(1) (after paragraph (g) of the definition of

permitted purpose)

Insert:

(ga) in the case of the Crime and Misconduct Commission:

(i) an investigation under the Crime and Misconduct Act

into whether misconduct (within the meaning of that

Act) may have occurred, may be occurring or may be

about to occur; or

(ii) a report on such an investigation; or

27 Subsection 5(1) (after paragraph (c) of the definition of

prescribed investigation)

Insert:

(ca) in the case of the Inspector of the Independent Commission

Against Corruption--means an investigation that the

Inspector is conducting in the performance of the Inspector's

functions under the Independent Commission Against

Corruption Act; or

28 Subsection 5(1) (after paragraph (e) of the definition of

relevant offence)

Insert:

(ea) in the case of the Inspector of the Independent Commission

Against Corruption--a prescribed offence that is an offence

against a law of New South Wales and to which a prescribed

investigation relates; or

29 After paragraph 5B(ha)

Insert:

(hb) a proceeding of the Independent Commission Against

Corruption; or

(hc) a proceeding of the Inspector of the Independent Commission

Against Corruption; or

30 After paragraph 5B(ka)

Insert:

(kb) a proceeding of the Crime and Misconduct Commission; or

31 After subparagraph 6A(1)(c)(v)

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Other State authorities Part 3

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 11

Insert:

(va) the Inspector of the Independent Commission Against

Corruption;

32 Paragraph 6L(2)(b)

After "Independent Commission Against Corruption,", insert "the

Inspector of the Independent Commission Against Corruption,".

33 After paragraph 68(ea)

Insert:

(eb) if the information relates, or appears to relate, to a matter that

may give rise to an investigation by the Inspector of the

Independent Commission Against Corruption--to the

Inspector of the Independent Commission Against

Corruption; and

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 4 Commonwealth, State and Territory officers

12 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Part 4--Commonwealth, State and Territory officers

34 Subsection 5(1)

Insert:

officer of a State has the meaning given by subsection 6G(2).

35 Subsection 5(1)

Insert:

officer of a Territory has the meaning given by subsection 6G(3).

36 Subsection 5(1)

Insert:

officer of the Commonwealth has the meaning given by subsection

6G(1).

37 Subsection 5D(7)

Repeal the subsection.

38 Subsection 6G(1)

Omit "officer, in relation to the Commonwealth,", substitute "officer of

the Commonwealth".

39 Subsection 6G(2)

Omit "officer, in relation to a State or Territory,", substitute "officer of

a State".

40 Paragraphs 6G(2)(a) and (b)

Omit "or Territory".

41 Subsection 6G(3)

Repeal the subsection, substitute:

(3) A reference in this Act to an officer of a Territory includes a

reference to:

Amendment of the Telecommunications (Interception) Act 1979 Schedule 1

Commonwealth, State and Territory officers Part 4

Telecommunications (Interception) Amendment (Stored Communications and Other Measures)

Bill 2005 No. , 2005 13

(a) a person holding, or acting in, an office (including a judicial

office) or appointment, or employed, under a law of the

Territory; and

(b) a person who is, or is a member of, an authority or body

established for a public purpose by or under a law of the

Territory, or is an officer or employee of such an authority or

body.

Schedule 1 Amendment of the Telecommunications (Interception) Act 1979

Part 5 Technical amendments arising from the enactment of the Legislative

Instruments Act 2003

14 Telecommunications (Interception) Amendment (Stored Communications and Other

Measures) Bill 2005 No. , 2005

Part 5--Technical amendments arising from the

enactment of the Legislative Instruments

Act 2003

42 Subsection 34(1)

Omit "(1)".

43 Subsection 34(1)

After "Minister may,", insert "by legislative instrument and".

44 Section 36

Repeal the section.

Commonwealth of Australia Bills

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT (STORED COMMUNICATIONS AND OTHER MEASURES) BILL 2005