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

Permitted purposes--integrity purposes

             (1)  For the purposes of paragraph (aaa) of the definition of permitted purpose in subsection 5(1), a purpose mentioned in column 2 of an item in the following table is a permitted purpose in relation to a Commonwealth agency, or the Immigration and Border Protection Department, as mentioned in column 1 of that item.

 

Permitted purposes--integrity purposes

Item

Column 1--Commonwealth agency or Immigration and Border Protection Department

Column 2--Permitted purpose

1

(a) Australian Federal Police; or

(b) ACC; or

(c) Australian Commission for Law Enforcement Integrity; or

(d) Immigration and Border Protection Department.

A purpose connected with:

(a) a decision about whether to apply for an integrity authority; or

(b) designing, but not conducting, an integrity operation; or

(c) an application for an integrity authority; or

(d) granting an integrity authority.

2

(a) Australian Federal Police; or

(b) ACC; or

(c) Australian Commission for Law Enforcement Integrity.

A purpose connected with an application for any warrant, authorisation or order, under a law of the Commonwealth, that is made for the purposes of an integrity operation.

3

(a) Australian Federal Police; or

(b) ACC.

A purpose connected with disciplinary or legal action in relation to an eligible staff member of that agency, if arising out of, or otherwise related to, an integrity operation.

Note:          The Commonwealth agencies are the ACC, the Australian Federal Police and the Australian Commission for Law Enforcement Integrity (see subsection 5(1)).

             (2)  In this section:

"disciplinary or legal action" , in relation to an eligible staff member of the Australian Federal Police or the ACC, means any of the following:

                     (a)  action in respect of alleged misconduct of the staff member;

                     (b)  termination of the employment or appointment of the staff member;

                     (c)  a disciplinary proceeding (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ) in relation to the staff member, or a report of such a proceeding;

                     (d)  the investigation of an offence suspected to have been committed by the staff member;

                     (e)  a legal proceeding in relation to the staff member, or a report of such a proceeding.

Disciplinary or legal action also includes the consideration of whether an action or proceeding covered by this definition should be taken or brought.

"eligible staff member" , of the Australian Federal Police or the ACC, means a staff member of that agency within the meaning of the Law Enforcement Integrity Commissioner Act 2006 (see section 10 of that Act).



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