Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 8
insert
The ICAC must keep as records of the ICAC:
(a) each warrant issued to the ICAC; and
(b) a copy of each notification given by the ICAC under section 59A(2) of the Commonwealth Act; and
(c) each instrument revoking a warrant issued to the ICAC; and
(d) a copy of each certificate issued under section 61(4) of the Commonwealth Act by a certifying officer of the ICAC; and
(e) each authorisation made by the ICAC under section 66(2) of the Commonwealth Act.
(1) The ICAC must cause the following information to be recorded as soon as practicable after the event to which it relates occurs:
(a) particulars of each telephone application for a warrant made on behalf of the ICAC;
(b) in relation to each application for a warrant made on behalf of the ICAC, a statement as to whether:
(i) the application was withdrawn or refused; or
(ii) a warrant was issued on the application;
(c) in relation to each warrant whose authority is exercised by the ICAC, particulars of:
(i) the warrant; and
(ii) the day on which, and the time at which, each interception under the warrant began; and
(iii) the duration of each such interception; and
(iv) the name of the person who carried out each such interception; and
(v) in relation to a named person warrant – each service to or from which communications have been intercepted under the warrant;
(d) in relation to each restricted record that has at any time been in the possession of the ICAC, particulars of:
(i) if the record was obtained by an interception under a warrant – that warrant; and
(ii) each occasion on which the record came (whether by its making or otherwise) to be in the possession of the ICAC; and
(iii) each occasion (if any) on which the record ceased (whether by its destruction or otherwise) to be in the possession of the ICAC; and
(iv) each agency, body or other person (if any) from whom the ICAC received the record or to whom the ICAC supplied the record;
(e) particulars of each use made by the ICAC of lawfully obtained information;
(f) particulars of each communication of lawfully obtained information by the ICAC or a member of ICAC staff to a person or body other than the ICAC or another member of ICAC staff;
(g) particulars of each occasion on which, to the knowledge of the ICAC or a member of ICAC staff, lawfully obtained information was given in evidence in a relevant proceeding in relation to the ICAC.
(2) The ICAC must keep as records of the ICAC the information recorded under subsection (1).
The ICAC must give to the Minister:
(a) within 3 months after a warrant issued to the ICAC ceases to be in force, a written report about:
(i) the use made by the ICAC of information obtained by interceptions under the warrant; and
(ii) the communication of that information to persons other than the ICAC or members of ICAC staff; and
(b) as soon as practicable (and in any event within 3 months) after each 30 June, a written report that sets out the information that:
(i) is required by Part 2-8, Division 2 of the Commonwealth Act to be set out in the Commonwealth Minister's report under that Division in relation to the year ending on that 30 June; and
(ii) can be derived from the records of the ICAC.
(1) As soon as practicable after a warrant or instrument revoking a warrant is issued to the ICAC, the ICAC must give a copy of the warrant or instrument to the Commonwealth Minister.
(2) As soon as practicable after receiving a report under section 8C(a) or (b), the Minister must give a copy of the report to the Commonwealth Minister.
(1) In this section, a reference to a restricted record is to be read as a reference to a restricted record that is in the possession of the ICAC, whether made before or after the commencement of section 35 of the Commonwealth Act.
(2) Except while a restricted record is being dealt with in accordance with this Act or the Commonwealth Act, the ICAC must cause the restricted record to be kept in a secure place so that it is not accessible to persons who are not entitled to deal with it.
(3) The ICAC must cause a restricted record to be destroyed without delay if the ICAC is satisfied that the record is not likely to be required for a permitted purpose in relation to the ICAC, other than a purpose connected with an inspection or a report on an inspection.