Commonwealth Consolidated Acts

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

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 176A

Meaning of enforcement agency

             (1)  Each of the following is an enforcement agency :

                     (a)  subject to subsection 110A(7), a criminal law-enforcement agency;

                     (b)  subject to subsection (7), an authority or body for which a declaration under subsection (3) is in force.

Note:          See also section 110B (about declarations in relation to the Immigration and Border Protection Department).

             (2)  The head of an authority or body may request the Minister to declare the authority or body to be an enforcement agency.

             (3)  The Minister may, by legislative instrument, declare:

                     (a)  an authority or body to be an enforcement agency; and

                     (b)  persons specified, or of a kind specified, in the declaration to be officers of the enforcement agency for the purposes of this Act.

          (3A)  The Minister may make the declaration whether or not the head of the authority or body has made a request under subsection (2).

          (3B)  The Minister must not make the declaration unless the Minister is satisfied on reasonable grounds that the functions of the authority or body include:

                     (a)  enforcement of the criminal law; or

                     (b)  administering a law imposing a pecuniary penalty; or

                     (c)  administering a law relating to the protection of the public revenue.

             (4)  In considering whether to make the declaration, the Minister must have regard to:

                     (b)  whether the making of authorisations under section 178 or 179 would be reasonably likely to assist the authority or body in performing the functions referred to in subsection (3B) ; and

                     (c)  whether the authority or body:

                              (i)  is required to comply with the Australian Privacy Principles; or

                             (ii)  is required to comply with a binding scheme that provides protection of personal information that meets the requirements of subsection (4A); or

                            (iii)  has agreed in writing to comply with a scheme providing such protection of personal information, in relation to personal information disclosed to it under Chapter 4, if the declaration is made; and

                     (d)  whether the authority or body proposes to adopt processes and practices that would ensure its compliance with the obligations of an enforcement agency under Chapter 4; and

                     (e)  whether the Minister considers that the declaration would be in the public interest; and

                      (f)  any other matter that the Minister considers relevant.

          (4A)  For the purposes of subparagraphs (4)(c)(ii) and (iii), the protection of personal information provided by the scheme must:

                     (a)  be comparable to the protection provided by the Australian Privacy Principles; and

                     (b)  include a mechanism for monitoring the authority's or body's compliance with the scheme; and

                     (c)  include a mechanism that enables an individual to seek recourse if his or her personal information is mishandled.

             (5)  In considering whether to make the declaration, the Minister may consult such persons or bodies as the Minister thinks fit. In particular, the Minister may consult the Privacy Commissioner and the Ombudsman.

             (6)  The declaration may be subject to conditions.

             (7)  Without limiting subsection (6), a condition may provide that the authority or body is not to exercise a power conferred on an enforcement agency by or under a specified provision in Chapter 4. The authority or body is taken, for the purposes of this Act, not to be an enforcement agency for the purposes of that provision.

             (8)  The Minister may, by legislative instrument, revoke a declaration under subsection (3) relating to an authority or body if the Minister is no longer satisfied that the circumstances justify the declaration remaining in force.

             (9)  The revocation under subsection (8) of a declaration relating to an authority or body does not affect the validity of an authorisation, made by an authorised officer of the authority or body under this Division, that was in force immediately before the revocation took effect.

           (10)  A declaration under subsection (3):

                     (a)  comes into force when it is made, or on such later day as is specified in the declaration; and

                     (b)  ceases to be in force at the end of the period of 40 sitting days of a House of the Parliament after the declaration comes into force.

           (11)  If a Bill is introduced into either House of the Parliament that includes an amendment of subsection (1), the Minister:

                     (a)  must refer the amendment to the Parliamentary Joint Committee on Intelligence and Security for review; and

                     (b)  must not in that referral specify, as the period within which the Committee is to report on its review, a period that will end earlier than 15 sitting days of a House of the Parliament after the introduction of the Bill.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback