Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT (NO. 2) 1984 NO. 116 OF 1984 - SECT 3

3. After section 7A of the Principal Act the following sections are inserted:
Documents may be given to Stewart Royal Commission, Commissioner of Public
Complaints of New South Wales or the National Crime Authority

"7B. (1) Nothing in this Act prevents any documents that have been or are in
the possession of Ian Douglas Temby for the purposes of, or in connection
with, the performance of his functions as a Special Prosecutor pursuant to his
appointment dated 21 February 1984 under sub-section 5 (1) of the Special 
Prosecutors Act 1982 from being given by, or with the authority of, the
Attorney-General to any or all of the following:

   (a)  the Honourable Donald Gerard Stewart, being the person appointed by
        the Governor of the State of New South Wales by Letters Patent dated
        24 June 1981 to be a Commissioner to make inquiry into certain matters
        and by the Administrator of the Government of the Commonwealth by
        Letters Patent dated 25 June 1981 to be a Commissioner to make inquiry
        into certain matters;

   (b)  the Commissioner of Public Complaints appointed under the Commissioner
        of Public Complaints Act, 1984 of New South Wales;

   (c)  the National Crime Authority.

"(2) If a document referred to in sub-section (1) is given to a Commissioner
referred to in paragraph (1) (a) or (b) or the National Crime Authority, the
Commissioner or Authority shall consider whether the document is an authentic
record of the matters purported to be recorded in the document and-

   (a)  in the case of the Commissioner referred to in paragraph (1)
        (a)-whether the document is capable of being the subject of, and is
        appropriate to be dealt with in the course of, the inquiry referred to
        in that paragraph;

   (b)  in the case of the Commissioner referred to in paragraph (1)
        (b)-whether the document is capable of being the subject of, and is
        appropriate to be dealt with as, a complaint under the State Act
        referred to in that paragraph; or

   (c)  in the case of the National Crime Authority-whether the document is or
        may be relevant to matters with which the Authority is concerned, and
        may, for the purpose of considering those matters, make such use of
        the document as the Commissioner or the Authority, as the case may be,
        thinks fit.

"(3) If a document referred to in sub-section (1) is given to the Commissioner
referred to in paragraph (1) (a) and the Commissioner is satisfied as to the
matters mentioned in sub-section (2), he may make use of the document for the
purposes of any inquiry referred to in that paragraph and, without limiting
the generality of the foregoing, he may-

   (a)  show the document to a person giving evidence in the course of the
        inquiry;

   (b)  include matter contained in the document in any report by him of the
        results of the inquiry; and

   (c)  make such other use of the document as he considers appropriate for
        the purpose of identifying the person who made the document and the
        circumstances in which the document was made.



"(4) If a document referred to in sub-section (1) is given to the Commissioner
referred to in paragraph (1) (b) and the Commissioner is satisfied as to the
matters mentioned in sub-section (2), the Commissioner may make use of the
document for the purposes of the performance of the Commissioner's functions
under the State Act referred to in that paragraph in relation to the document
and, without limiting the generality of the foregoing, the Commissioner may-

   (a)  show the document to a person giving evidence to the Commissioner in
        the course of the performance of those functions;

   (b)  include matter contained in the document in any report made, or
        information furnished, by the Commissioner under that State Act in
        relation to the performance of those functions or in an annual report
        made by the Commissioner; and

   (c)  make such other use of the document as the Commissioner considers
        appropriate for the purpose of identifying the person who made the
        document and the circumstances in which the document was made.

"(5) If a document referred to in sub-section (1) is given to the National
Crime Authority and the Authority is satisfied as to the matters mentioned in
sub-section (2), the Authority may make use of the document for the purposes
of the performance of the Authority's functions, and, without limiting the
generality of the foregoing, the Authority may-

   (a)  show the document to a person giving evidence to the Authority;

   (b)  subject to any relevant restrictions provided by the National Crime 
        Authority Act 1984 , include matter contained in the document in any
        report made, or information furnished, by the Authority in the
        performance of its functions; and

   (c)  make such other use of the document as the Authority considers
        appropriate for the purpose of identifying the person who made the
        document and the circumstances in which the document was made.

Documents or information may be given to Law Enforcement Agencies, &c.

"7C. (1) It is hereby declared for the avoidance of doubt that a person who
has possession of a document or information that the person suspects on
reasonable grounds to be evidence of the commission or proposed commission of
an offence against sub-section 7 (1) may give the document or information to
the Attorney-General, the Director of Public Prosecutions, the Commissioner of
Police or the National Crime Authority.

"(2) If a document or information that is or may be evidence of the commission
or proposed commission of an offence against sub-section 7 (1) has, whether
before or after the commencement of this section, been given to the
Attorney-General, the Director of Public Prosecutions, the Commissioner of
Police or the National Crime Authority, use may be made of the document or
information for the purpose of inquiring into whether an offence against
sub-section 7 (1) has been or is proposed to be committed or for the purposes
of a prosecution in respect of such an offence.

"(3) A reference in this section to an offence against sub-section 7 (1)
includes a reference to an offence against-

   (a)  section 6, 7 or 7A of the Crimes Act 1914; or

   (b)  sub-section 86 (1) of that Act by virtue of paragraph (a) of that
        last-mentioned sub-section, being an offence that relates to an
        offence against sub-section 7 (1) of this Act.

"(4) This section has effect notwithstanding sub-section 7 (4).".