Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 102

Report to contain information about effectiveness of warrants

  (1)   The report shall set out, for each Commonwealth agency, for each eligible Commonwealth authority, and for each eligible authority of a State:

  (a)   how many arrests were made during that year:

  (i)   in connection with the performance by the agency or authority of its functions; and

  (ii)   on the basis of information that was or included lawfully intercepted information;

  (b)   the categories of the prescribed offences proceedings by way of prosecutions for which ended during that year, being proceedings in which, according to the records of the agency or authority, lawfully intercepted information was given in evidence; and

  (c)   in relation to each of those categories:

  (i)   the number of such offences in that category; and

  (ii)   the number of such offences in that category in respect of which convictions were recorded.

  (2)   The report shall set out:

  (a)   how many arrests were made during that year:

  (i)   in connection with the performance by Commonwealth agencies, by eligible Commonwealth authorities, and by eligible authorities of States, of their respective functions; and

  (ii)   on the basis of information that was or included lawfully intercepted information;

  (b)   the categories of the prescribed offences proceedings by way of prosecutions for which ended during that year, being proceedings in which, according to the respective records of Commonwealth agencies, of eligible Commonwealth authorities, and of eligible authorities of States, lawfully intercepted information was given in evidence; and

  (c)   in relation to each of those categories:

  (i)   the number of such offences in that category; and

  (ii)   the number of such offences in that category in respect of which convictions were recorded.

  (3)   The report is to set out, for:

  (a)   each Commonwealth agency; and

  (b)   each eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

the percentage worked out using the formula:

Start formula start fraction Eligible warrants over Total warrants end fraction times 100 end formula

where:

"Eligible warrants" means the number of warrants that satisfy the following conditions:

  (a)   the warrant was issued to the agency or authority, as the case requires;

  (b)   the warrant was in force during the year to which the report relates;

  (c)   a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

  (i)   the warrant; or

  (ii)   if the warrant was a renewal of an original warrant:

  (A)   the original warrant; or

  (B)   any other renewal of the original warrant; or

  (iii)   if the warrant was an original warrant--any renewal of the original warrant.

"Total warrants" means the number of warrants that were:

  (a)   issued to the agency or authority, as the case requires; and

  (b)   in force during the year to which the report relates.

  (4)   The report is to set out the percentage worked out using the formula:

Start formula start fraction Eligible warrants over Total warrants end fraction times 100 end formula

where:

"Eligible warrants" means the number of warrants that satisfy the following conditions:

  (a)   the warrant was issued to:

  (i)   a Commonwealth agency; or

  (ii)   an eligible authority of a State, where the eligible authority was an agency at any time during the year to which the report relates;

  (b)   the warrant was in force during the year to which the report relates;

  (c)   a prosecution was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under:

  (i)   the warrant; or

  (ii)   if the warrant was a renewal of an original warrant:

  (A)   the original warrant; or

  (B)   any other renewal of the original warrant; or

  (iii)   if the warrant was an original warrant--any renewal of the original warrant.

"Total warrants" means the number of warrants that were:

  (a)   issued to:

  (i)   Commonwealth agencies; and

  (ii)   eligible authorities of States, where the eligible authorities were agencies at any time during the year to which the report relates; and

  (b)   in force during the year to which the report relates.

  (5)   A reference in this section to a prosecution that was instituted, or was likely to be instituted, on the basis of information obtained by interceptions under a warrant includes a reference to a prosecution that was supported, or likely to be supported, by information obtained by interceptions under a warrant.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback