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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
Interception and Other Legislation Amendment Bill
2003
No. ,
2003
(Attorney-General)
A
Bill for an Act to amend the Telecommunications (Interception) Act 1979
and other legislation, and for related purposes
Contents
Crimes Act
1914 3
Financial Transaction Reports Act
1988 3
Telecommunications (Interception) Act
1979 3
Telecommunications (Interception) Act
1979 8
A Bill for an Act to amend the Telecommunications
(Interception) Act 1979 and other legislation, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications Interception and Other
Legislation Amendment Act 2003.
(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.
|
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 |
A single day to be fixed by Proclamation. However, if the commencement of the provision(s) is not fixed by a
Proclamation published in the Gazette 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provision(s) are repealed on the first day after the end of that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. |
|
|
3. Schedule 2 |
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.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Subsection 15XA(1) (after
subparagraph (b)(iii) of the definition of State or Territory
participating agency)
Insert:
(iiia) the Western Australian Corruption and Crime Commission established
by the Corruption and Crime Commission Act 2003 of Western
Australia;
Financial Transaction
Reports Act 1988
2 At the end of subsection
27(16)
Add:
; and (k) the Corruption and Crime Commission of Western
Australia.
3 At the end of subsection
27(17)
Add:
; and (z) an officer of the Corruption and Crime Commission of Western
Australia (within the meaning of the Corruption and Crime Commission Act
2003 of Western Australia).
Telecommunications
(Interception) Act 1979
4 Subsection 5(1) (at the end of the definition of
certifying officer)
Add:
; or (i) in the case of the Corruption and Crime Commission:
(i) the Commissioner of the Corruption and Crime Commission; or
(ii) an officer of the Corruption and Crime Commission who occupies an
office or position at an equivalent level to that of a senior executive officer
within the meaning of the Public Sector Management Act 1994 of Western
Australia and who is authorised in writing by the Commissioner of the Commission
for the purposes of this paragraph.
5 Subsection 5(1) (at the end of the definition of
chief officer)
Add:
; or (k) in the case of the Corruption and Crime Commission—the
Commissioner of the Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime
Commission—the Parliamentary Inspector of the Corruption and Crime
Commission.
6 Subsection 5(1)
Insert:
Corruption and Crime Commission means the Corruption and
Crime Commission established by the Corruption and Crime Commission
Act.
7 Subsection 5(1)
Insert:
Corruption and Crime Commission Act means the Corruption
and Crime Commission Act 2003 of Western Australia.
8 Subsection 5(1) (paragraph (d) of the
definition of eligible authority)
Omit “or the Royal Commission into Police Corruption”,
substitute “, the Royal Commission into Police Corruption, the Corruption
and Crime Commission or the Parliamentary Inspector of the Corruption and Crime
Commission”.
9 Subsection 5(1) (at the end of the definition of
officer)
Add:
; or (k) in the case of the Corruption and Crime Commission—an
officer of the Corruption and Crime Commission; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime
Commission—the Parliamentary Inspector of the Corruption and Crime
Commission or an officer of the Parliamentary Inspector.
10 Subsection 5(1)
Insert:
officer of the Corruption and Crime Commission means an
officer of the Corruption and Crime Commission within the meaning of the
Corruption and Crime Commission Act.
11 Subsection 5(1)
Insert:
officer of the Parliamentary Inspector means an officer of
the Parliamentary Inspector of the Corruption and Crime Commission within the
meaning of the Corruption and Crime Commission Act.
12 Subsection 5(1)
Insert:
Parliamentary Inspector of the Corruption and Crime
Commission means the Parliamentary Inspector of the Corruption and Crime
Commission within the meaning of the Corruption and Crime Commission
Act.
13 Subsection 5(1) (at the end of the definition of
permitted purpose)
Add:
; or (g) in the case of the Corruption and Crime Commission:
(i) an investigation under the Corruption and Crime Commission Act into
whether misconduct (within the meaning of that Act) has or may have occurred, is
or may be occurring, is or may be about to occur, or is likely to occur;
or
(ii) a report on such an investigation; or
(h) in the case of the Parliamentary Inspector of the Corruption and Crime
Commission—dealing with a matter of misconduct (within the meaning of the
Corruption and Crime Commission Act) on the part of the Corruption and Crime
Commission, an officer of the Corruption and Crime Commission or an officer of
the Parliamentary Inspector of the Corruption and Crime Commission.
14 Subsection 5(1) (at the end of the definition of
prescribed investigation)
Add:
; or (i) in the case of the Corruption and Crime Commission—means an
investigation that the Commission is conducting in the performance of its
functions under the Corruption and Crime Commission Act; or
(j) in the case of the Parliamentary Inspector of the Corruption and Crime
Commission—means dealing with a matter of misconduct in the performance of
the Parliamentary Inspector’s functions under the Corruption and Crime
Commission Act.
15 Subsection 5(1) (at the end of the definition of
relevant offence)
Add:
; or (k) in the case of the Corruption and Crime Commission—a
prescribed offence that is an offence against the law of Western Australia and
to which a prescribed investigation relates; or
(l) in the case of the Parliamentary Inspector of the Corruption and Crime
Commission—a prescribed offence that is an offence against the law of
Western Australia and to which a prescribed investigation relates.
16 After paragraph 5B(i)
Insert:
(ia) a proceeding of the Corruption and Crime Commission; or
(ib) a proceeding of the Parliamentary Inspector of the Corruption and
Crime Commission; or
17 At the end of paragraph
6A(1)(c)
Add:
; (x) the Corruption and Crime Commission;
(xi) the Parliamentary Inspector of the Corruption and Crime
Commission.
18 Paragraph 6L(2)(d)
Omit “or the Royal Commission into Police Corruption”,
substitute “, the Royal Commission into Police Corruption, the Corruption
and Crime Commission or the Parliamentary Inspector of the Corruption and Crime
Commission”.
19 At the end of subsection
39(2)
Add:
; or (i) in the case of the Corruption and Crime Commission—an
officer of the Corruption and Crime Commission.
20 At the end of
section 68
Add:
; and (j) if the information relates, or appears to relate, to a matter
that may give rise to an investigation by the Corruption and Crime
Commission—to the Commissioner of the Corruption and Crime Commission;
and
(k) if the information relates, or appears to relate, to a matter that may
give rise to the dealing by the Parliamentary Inspector of the Corruption and
Crime Commission with a matter of misconduct (within the meaning of the
Corruption and Crime Commission Act)—to the Parliamentary Inspector of the
Corruption and Crime Commission.
Telecommunications
(Interception) Act 1979
1 After subsection 5D(3)
Insert:
Offences relating to people smuggling with exploitation, slavery, sexual
servitude and deceptive recruiting
(3A) An offence is also a class 2 offence if it is an
offence against:
(a) section 73.2; or
(b) a provision of Division 270;
of the Criminal Code.