TELECOMMUNICATIONS INTERCEPTION LEGISLATION AMENDMENT BILL (NO. 2) 2008

2008

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Telecommunications Interception

Legislation Amendment Bill (No. 2) 2008

No. , 2008

(Attorney-General)

A Bill for an Act to amend the law relating to

surveillance and the interception of

telecommunications, and for related purposes

Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. , 2008

Contents

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

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

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

Schedule 1--Public Inte rest Monitor of Queensland

Telecommunications (Interception and Access) Act 1979

Schedule 2--Other ame ndments

Surveillance Devices Act 2004

Telecommunications (Interception and Access) Act 1979

Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. , 2008

A Bill for an Act to amend the law relating to

surveillance and the interception of

telecommunications, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Telecommunications Interception

Legislation Amendment Act (No. 2) 2008.

2 Commence ment

(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 Legislation Amendment Bill (No. 2) 2008 No. ,

2008

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

The later of:

(a) the day on which this Act receives the

Royal Assent; and

(b) the day on which the

Telecommunications Interception Act

2009 of Queensland commences.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

3. Schedule 2

The day after this Act receives the Royal

Assent.

Note:

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

passed by both Houses of 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.

Public Interest Monitor of Queensland Schedule 1

Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. , 2008

Schedule 1

Public Interest Monitor of

Queensland

Telecommunications (Interception and Access) Act 1979

1 Subsection 5(1)

Insert:

deputy PIM (short for deputy public interest monitor) means a

person appointed as a deputy public interest monitor under:

(a) the Crime and Misconduct Act 2001 of Queensland; or

(b) the Police Powers and Responsibilities Act 2000 of

Queensland.

2 Subsection 5(1)

Insert:

PIM (short for public interest monitor) means the person appointed

as the public interest monitor under:

(a) the Crime and Misconduct Act 2001 of Queensland; or

(b) the Police Powers and Responsibilities Act 2000 of

Queensland.

3 After paragraph 35(1)(h)

Insert:

(ha) requiring that a person who performs a function or exercises

a power under section 45 in relation to an application by an

eligible authority for a warrant must not undertake an

inspection of the eligible authority's records for the purpose

referred to in paragraph (h) in relation to a record of the

eligible authority that relates to the application;

4 At the end of Division 3 of Part 2-5 of Chapter 2

Add:

Schedule 1 Public Interest Monitor of Queensland

4 Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. ,

2008

45 Application by interception agency of Queensland

Scope

(1) This section applies if an interception agency of Queensland

applies, under section 39, to an eligible Judge or nominated AAT

member for a warrant in respect of a telecommunications service or

a person.

PIM may make submissions

(2) The PIM may, orally or in writing, make submissions to the Judge

or nominated AAT member about the following matters:

(a) in relation to an application for a warrant in respect of a

telecommunications service--the matters mentioned in

paragraphs 46(2)(a) to (f);

(b) in relation to an application for a warrant in respect of a

person--the matters mentioned in paragraphs 46A(2)(a) to

(f).

PIM may question certain persons

(3) The PIM may, for the purpose of making submissions under

subsection (2), question:

(a) the person making the application for the warrant on the

interception agency's behalf; or

(b) a person who, under section 44, is required by the Judge or

nominated AAT member to give further information to the

Judge or nominated AAT member in connection with the

application.

However, the PIM may only do so in the presence of the eligible

Judge or nominated AAT member.

PIM may delegate powers

(4) The PIM may delegate to a deputy PIM the PIM's power under

subsection (2) or (3), or both. The delegation must be in writing.

(5) In exercising powers under a delegation, a deputy PIM must

comply with any directions of the PIM.

Public Interest Monitor of Queensland Schedule 1

Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. , 2008

45A Queensland law not affected

Nothing in this Act affects the operation of a law of Queensland, to

the extent that the law authorises or requires:

(a) a person who proposes to apply, under section 39, on behalf

of an interception agency of Queensland for a warrant in

respect of a telecommunications service or a person:

(i) to notify the PIM of the proposed application; or

(ii) to notify the PIM of any information that relates to the

proposed application; or

(iii) to give to the PIM any document that relates to the

proposed application; or

(b) a person who applies, under section 39, on behalf of an

interception agency of Queensland for a warrant in respect of

a telecommunications service or a person:

(i) to notify the PIM of the application; or

(ii) to notify the PIM of any information that relates to the

application; or

(iii) to give to the PIM any document that relates to the

application.

5 At the end of paragraphs 46(2)(a) to (d)

Add "and".

6 At the end of subsections 46(2) and 46A(2)

Add:

; and (g) in relation to an application by an interception agency of

Queensland--any submissions made by the PIM under

section 45 to the Judge or nominated AAT member.

Schedule 2 Other amendments

6 Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. ,

2008

Schedule 2

Other amendments

Surveillance Devices Act 2004

1 Subsection 6(1) (paragraph (g) of the definition of

appropriate authorising officer)

Repeal the paragraph, substitute:

(g) if the law enforcement officer is a law enforcement officer

belonging to or seconded to the Crime and Misconduct

Commission:

(i) the chairperson (as defined by the Crime and

Misconduct Commission Act 2001 of Queensland); or

(ii) an assistant commissioner (as defined by the Crime and

Misconduct Commission Act 2001 of Queensland); and

Telecommunications (Interception and Access) Act 1979

2 Subsection 5(1) (paragraph (f) of the definition of certifying

officer)

Repeal the paragraph, substitute:

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

(i) the Chairperson (as defined by the Crime and

Misconduct Act); or

(ii) an Assistant Commissioner (as defined by the Crime

and Misconduct Act); or

3 Subsection 5AC(4)

After "in writing,", insert "an officer of the police force of the State

whose rank is equivalent to that of".

4 Transitional provision

(1)

This item applies to an authorisation that has effect, on and after the

commencement of item 25 of Schedule 2 to the Telecommunications

Interception Legislation Amendment Act 2008, as if it were an

authorisation in force under subsection 5AC(4) of the

Telecommunications (Interception and Access) Act 1979.

Other amend ments Schedule 2

Telecommunications Interception Legislation Amendment Bill (No. 2) 2008 No. , 2008

Note:

Item 25 of Schedule 2 to the Telecommunications Interception

Legislation Amendment Act 2008 commenced on 4 October 2008.

(2)

The authorisation has effect, on and after the commencement of this

item, as if it were an authorisation in force under subsection 5AC(4) of

the Telecommunications (Interception and Access) Act 1979, as

amended by item 3 of this Schedule.

(3)

To avoid doubt, the amendments made by item 3 of this Schedule do

not affect the validity of anything done before the commencement of

this item in relation to, or in reliance on, an authorisation to which this

item applies.

Commonwealth of Australia Bills

TELECOMMUNICATIONS INTERCEPTION LEGISLATION AMENDMENT BILL (NO. 2) 2008