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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 6L

Relevant proceeding

  (1)   A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is, in the case of the Australian Federal Police or a Police Force of a State, a reference to:

  (a)   a proceeding by way of a prosecution for a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; or

  (b)   a proceeding under a law of the Commonwealth, or of that State, as the case may be, for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

  (ba)   in the case of the Australian Federal Police--a proceeding under, or a proceeding relating to a matter arising under:

  (i)   the main unexplained wealth provisions; or

  (ii)   the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory; or

  (bb)   in the case of the Police Force of a participating State, the Australian Capital Territory or the Northern Territory--a proceeding under, or a proceeding relating to a matter arising under, the unexplained wealth legislation of that State or Territory; or

  (c)   a proceeding for the taking of evidence as mentioned in paragraph   5B(1)(c), in so far as the proceeding relates to:

  (i)   a prescribed offence; or

  (ii)   a prescribed offence that is an offence against a law of that State;

    as the case may be; or

  (ca)   a proceeding under, or in relation to a matter arising under, an organised crime control law of that State; or

  (d)   a proceeding for the extradition of a person as mentioned in paragraph   5B(1)(d), in so far as the proceeding relates to a prescribed offence that is an offence against a law of the Commonwealth, or of that State, as the case may be; or

  (e)   a police disciplinary proceeding that is a proceeding against a member of the Australian Federal Police, or of that Police Force, as the case may be; or

  (ea)   in the case of the Australian Federal Police:

  (i)   a proceeding against an AFP employee in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the employment of the employee; or

  (ii)   a proceeding against a special member of the Australian Federal Police in so far as the proceeding relates to a decision by the Commissioner of Police to terminate the appointment of the member; or

  (eb)   in the case of a Police Force of a State--a proceeding against an officer or member of staff of that Police Force in so far as the proceeding relates to a decision by the Commissioner of that Police Force to terminate the appointment of the officer or member of staff; or

  (f)   any other proceeding (not being a proceeding by way of a prosecution for an offence) in so far as it relates to alleged misbehaviour, or alleged improper conduct, of an officer of the Commonwealth, or of that State, as the case may be.

  (2)   A reference in this Act, in relation to an agency, or an eligible authority of a State, to a relevant proceeding is:

  (a)   in the case of the National Anti - Corruption Commission or the ACC--a reference to:

  (i)   a proceeding by way of a prosecution for a prescribed offence to which a prescribed investigation relates or related; or

  (ii)   a proceeding under a law of the Commonwealth or a State for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence to which a prescribed investigation relates or related; or

  (aa)   in the case of the Crime Commission--a reference to:

  (i)   a proceeding by way of a prosecution for a prescribed offence that is an offence against the law of New South Wales and to which a prescribed investigation relates or related; or

  (ii)   a proceeding under a law of New South Wales for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

  (b)   in the case of the Independent Commission Against Corruption, the Inspector of the Independent Commission Against Corruption, the Law Enforcement Conduct Commission or the Inspector of the Law Enforcement Conduct Commission--a reference to a proceeding by way of a prosecution for a prescribed offence:

  (i)   that is an offence against the law of New South Wales; and

  (ii)   to which a prescribed investigation relates or related; or

  (ba)   in the case of the IBAC or the Victorian Inspectorate--a reference to a proceeding by way of a prosecution for a prescribed offence:

  (i)   that is an offence against the law of Victoria; and

  (ii)   to which a prescribed investigation relates or related; or

  (c)   in the case of the Crime and Corruption Commission--a reference to:

  (i)   a proceeding by way of a prosecution for a prescribed offence that is an offence against the law of Queensland and to which a prescribed investigation relates or related; or

  (ii)   a proceeding under a law of Queensland for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of a prescribed offence; or

  (d)   in the case of the Corruption and Crime Commission or the Parliamentary Inspector of the Corruption and Crime Commission--a reference to a proceeding by way of a prosecution for a prescribed offence:

  (i)   that is an offence against the law of Western Australia; and

  (ii)   to which a prescribed investigation relates or related; or

  (e)   in the case of the Independent Commission Against Corruption (SA)--a reference to a proceeding by way of prosecution for a prescribed offence:

  (i)   that is an offence against the law of South Australia; and

  (ii)   to which a prescribed investigation relates or related.

  (3)   A reference in this Act, in relation to an agency that is an interception agency, to a relevant proceeding is a reference to a proceeding under, or a proceeding relating to a matter arising under:

  (a)   the main unexplained wealth provisions; or

  (b)   the unexplained wealth legislation of a participating State, the Australian Capital Territory or the Northern Territory.


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