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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 186

Report to Minister

  (1)   As soon as practicable, and in any event within 3 months, after each 30   June, the head (however described) of an enforcement agency must give the Minister a written report that relates to the year ending on that 30   June and that sets out:

  (a)   the number of authorisations made under section   178 by an authorised officer of the enforcement agency during that year; and

  (aa)   the number of authorisations made under section   178A by an authorised officer of the enforcement agency during that year; and

  (b)   the number of authorisations made under section   179 by an authorised officer of the enforcement agency during that year; and

  (c)   for a criminal law - enforcement agency--the number of authorisations made under section   180 by an authorised officer of the enforcement agency during that year; and

  (ca)   if the enforcement agency is the Australian Federal Police--the number of authorisations made under sections   180A, 180B, 180C and 180D by an authorised officer of the Australian Federal Police during that year; and

  (cb)   if the enforcement agency is the Australian Federal Police, and information or documents were disclosed, under an authorisation referred to in paragraph   (ca), by an authorised officer of the Australian Federal Police during that year to one or more foreign countries:

  (i)   the name of each such country; and

  (ii)   the number of disclosures under such authorisations; and

  (d)   any other matter requested by the Minister in relation to those authorisations; and

  (e)   the offences and other matters for which authorised officers of the agency made authorisations under sections   178, 178A, 179 and 180 during that year; and

  (f)   the lengths of time for which the information or documents that were covered by those authorisations had been held when the authorisations were made; and

  (g)   the number of occasions during that year on which authorised officers of the agency made authorisations relating to retained data that included information of a kind referred to in item   1 of the table in subsection   187AA(1); and

  (h)   the number of occasions during that year on which authorised officers of the agency made authorisations relating to retained data that included information of a kind referred to in item   2, 3, 4, 5 or 6 of the table in subsection   187AA(1); and

  (i)   the number of authorisations, referred to in paragraph   (e) of this subsection, that were made under journalist information warrants issued to the agency under Subdivision C of Division   4C of Part   4 - 1; and

  (j)   the number of journalist information warrants issued to the agency under that Subdivision during the period; and

  (k)   information of a kind declared under subsection   (1E) of this section.

  (1A)   The report under subsection   (1) is to set out the offences and other matters referred to in paragraph   (1)(e) by means of the categories declared under subsection   (1B).

  (1B)   The Minister may, by legislative instrument, declare categories of offences and other matters into which the offences and other matters are to be divided for the purposes of paragraph   (1)(e).

  (1C)   The report under subsection   (1) is to set out the matters referred to in paragraph   (1)(f) by specifying:

  (a)   in relation to each of 8 successive periods of 3 months, the number of the authorisations made for information or documents held for lengths of time included in that period; and

  (b)   the number of the authorisations made for information or documents held for lengths of time exceeding 24 months.

  (1D)   For the purposes of paragraph   (1)(f), disregard any authorisations under subsection   180(2), except to the extent that they include authorisations under subsection   180(3).

  (1E)   The Minister may, by legislative instrument, declare kinds of information that are to be set out in the report under subsection   (1).

  (2)   The Minister must prepare a report that contains the information set out in each report under subsection   (1), other than the information referred to in paragraph   (1)(cb). The report may contain any other information the Minister considers appropriate.

  (3)   The Minister must cause a copy of a report under subsection   (2) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the report was completed.

  (4)   A report under this section must not be made in a manner that is likely to enable the identification of a person.



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