Commonwealth Numbered Acts Commonwealth Numbered Acts
Telecommunications (Interception and Access) Act 1979
1 Subsection 5(1)
Insert:
"deputy PIM" (short for deputy public interest monitor) means a person appointed as a deputy public interest monitor under:
(a) the Crime and Misconduct Act 2001 of Queensland; or
(b) the Police Powers and Responsibilities Act 2000 of Queensland.
2 Subsection 5(1)
Insert:
"PIM" (short for public interest monitor) means the person appointed as the public interest monitor under:
(a) the Crime and Misconduct Act 2001 of Queensland; or
(b) the Police Powers and Responsibilities Act 2000 of Queensland.
3 After paragraph 35(1)(h)
Insert:
(ha) requiring that a person who performs a function or exercises a power under section 45 in relation to an application by an eligible authority for a warrant must not undertake an inspection of the eligible authority's records for the purpose referred to in paragraph (h) in relation to a record of the eligible authority that relates to the application;
4 At the end of Division 3 of Part 2‑5 of Chapter 2
Add:
45 Application by interception agency of Queensland
Scope
(1) This section applies if an interception agency of Queensland applies, under section 39, to an eligible Judge or nominated AAT member for a warrant in respect of a telecommunications service or a person.
PIM may make submissions
(2) The PIM may, orally or in writing, make submissions to the Judge or nominated AAT member about the following matters:
(a) in relation to an application for a warrant in respect of a telecommunications service--the matters mentioned in paragraphs 46(2)(a) to (f);
(b) in relation to an application for a warrant in respect of a person--the matters mentioned in paragraphs 46A(2)(a) to (f).
PIM may question certain persons
(3) The PIM may, for the purpose of making submissions under subsection (2), question:
(a) the person making the application for the warrant on the interception agency's behalf; or
(b) a person who, under section 44, is required by the Judge or nominated AAT member to give further information to the Judge or nominated AAT member in connection with the application.
However, the PIM may only do so in the presence of the eligible Judge or nominated AAT member.
PIM may delegate powers
(4) The PIM may delegate to a deputy PIM the PIM's power under subsection (2) or (3), or both. The delegation must be in writing.
(5) In exercising powers under a delegation, a deputy PIM must comply with any directions of the PIM.
45A Queensland law not affected
Nothing in this Act affects the operation of a law of Queensland, to the extent that the law authorises or requires:
(a) a person who proposes to apply, under section 39, on behalf of an interception agency of Queensland for a warrant in respect of a telecommunications service or a person:
(i) to notify the PIM of the proposed application; or
(ii) to notify the PIM of any information that relates to the proposed application; or
(iii) to give to the PIM any document that relates to the proposed application; or
(b) a person who applies, under section 39, on behalf of an interception agency of Queensland for a warrant in respect of a telecommunications service or a person:
(i) to notify the PIM of the application; or
(ii) to notify the PIM of any information that relates to the application; or
(iii) to give to the PIM any document that relates to the application.
5 At the end of paragraphs 46(2)(a) to (d)
Add "and".
6 At the end of subsections 46(2) and 46A(2)
Add:
; and (g) in relation to an application by an interception agency of Queensland--any submissions made by the PIM under section 45 to the Judge or nominated AAT member.