CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS INTERCEPTION AND OTHER MEASURES) BILL 2005

i Crimes Legislation Amendment (Telecommunications Interception and Other Measures)

Bill 2005 No. , 2005

Contents

Short title ......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................3

Schedule 1--Amendment of the Criminal Code Act 1995

Schedule 2--Amendment of the Telecommunications

(Interception) Act 1979

Part 1--Emergency services

Part 2--Interception by radiocommunications inspectors

Part 3--Ancillary offences

Part 4--Civil forfeiture proceedings and named person

warrants

Part 5--Employees of carriers

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 1

A Bill for an Act to extend the circumstances in

which communications can be intercepted without

warrant, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Crimes Legislation Amendment

(Telecommunications Interception and Other Measures) Act 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Crimes Legislation Amendment (Telecommunications Interception and Other

Measures) Bill 2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1

1 March 2005.

1 March 2005

3. Schedule 2,

items 1 to 4

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

4. Schedule 2,

item 5

The day on which this Act receives the

Royal Assent.

However, if section 6 of the Australian

Communications and Media Authority Act

2005 has not commenced before the day on

which this Act receives the Royal Assent,

the provision(s) do not commence at all.

5. Schedule 2,

item 6

The day on which this Act receives the

Royal Assent.

However, if section 6 of the Australian

Communications and Media Authority Act

2005 commences before this Act receives

the Royal Assent, the provision(s) do not

commence at all.

6. Schedule 2,

item 7

Immediately after the commencement of

section 6 of the Australian Communications

and Media Authority Act 2005.

However, if section 6 of the Australian

Communications and Media Authority Act

2005 commences before this Act receives

the Royal Assent, the provision(s) do not

commence at all.

7. Schedule 2,

item 8

The day on which this Act receives the

Royal Assent.

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

8. Schedule 2,

item 9

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

9. Schedule 2,

items 10 to 14

The day on which this Act receives the

Royal Assent.

10. Schedule 2,

item 15

1 June 1980.

1 June 1980

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Amendment of the Criminal Code Act 1995

4 Crimes Legislation Amendment (Telecommunications Interception and Other

Measures) Bill 2005 No. , 2005

Schedule 1--Amendment of the Criminal

Code Act 1995

1 Section 473.1 of the Criminal Code (at the end of the

definition of law enforcement officer)

Add:

(g) a member of the New South Wales Crime Commission or a

member of the staff of that Commission;

(h) an officer of the Independent Commission Against Corruption

of New South Wales, being a person who is an officer as

defined by the Independent Commission Against Corruption

Act 1988 of New South Wales;

(i) the Commissioner of the Police Integrity Commission of New

South Wales, an Assistant Commissioner of that Commission

or a member of the staff of that Commission;

(j) an officer of the Corruption and Crime Commission of

Western Australia within the meaning of the Corruption and

Crime Commission Act 2003 of Western Australia;

(k) a member or employee of any other agency that is prescribed

by the regulations for the purposes of this definition.

Amendment of the Telecommunications (Interception) Act 1979 Schedule 2

Emergency services Part 1

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 5

Schedule 2--Amendment of the

Telecommunications (Interception) Act

1979

Part 1--Emergency services

1 Subsections 6(2A) and (2B)

Repeal the subsections.

2 At the end of paragraphs 7(2)(a), (aa), (ab), (ac) and (ad)

Add "or".

3 At the end of subsection 7(2)

Add:

; or (d) the interception of a communication made to or from a

telecommunication service that is located in an emergency

service facility within the meaning of subsection (3AA).

4 After subsection 7(3)

Insert:

(3AA) In paragraph (2)(d), emergency service facility means premises that

are declared by the Attorney-General, by written instrument, to be

an emergency service facility.

(3AB) The Attorney-General may declare premises to be an emergency

service facility if the Attorney-General is satisfied that the premises

are operated by:

(a) a police force or service of the Commonwealth, of a State or

of the Australian Capital Territory; or

(b) a fire service of a State or of the Australian Capital Territory;

Territory; or

(d) a service for despatching, or referring matters for the attention

of, a force or service referred to in paragraph (a), (b) or (c);

Schedule 2 Amendment of the Telecommunications (Interception) Act 1979

Part 1 Emergency services

6 Crimes Legislation Amendment (Telecommunications Interception and Other

Measures) Bill 2005 No. , 2005

to enable that force or service, or another force or service, to deal

with a request for assistance in an emergency.

(3AC) A declaration by the Attorney-General under subsection (3AB) is

not a legislative instrument for the purposes of the Legislative

Instruments Act 2003.

Amendment of the Telecommunications (Interception) Act 1979 Schedule 2

Interception by radiocommunications inspectors Part 2

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 7

Part 2--Interception by radiocommunications

inspectors

5 After paragraph 7(2)(ad)

Insert:

(ae) the interception of a communication by a person who is, under

section 267 of the Radiocommunications Act 1992, an

inspector for the purposes of that Act if that interception is

incidental to the performance of a spectrum management

function, or the exercise of a related power, of the Australian

Communications and Media Authority under the Australian

Communications and Media Authority Act 2005 or the

Radiocommunications Act 1992;

6 After paragraph 7(2)(ad)

Insert:

(ae) the interception of a communication by a person who is, under

section 267 of the Radiocommunications Act 1992, an

inspector for the purposes of that Act if that interception is

incidental to the performance of a spectrum management

function, or the exercise of a related power, of the Australian

Communications Authority under the Australian

Communications Authority Act 1997 or the

Radiocommunications Act 1992;

7 Paragraph 7(2)(ae)

Omit "the Australian Communications Authority under the Australian

Communications Authority Act 1997", substitute "the Australian

Communications and Media Authority under the Australian

Communications and Media Authority Act 2005".

Schedule 2 Amendment of the Telecommunications (Interception) Act 1979

Part 3 Ancillary offences

8 Crimes Legislation Amendment (Telecommunications Interception and Other

Measures) Bill 2005 No. , 2005

Part 3--Ancillary offences

8 Subsection 5(1) (after paragraph (d) of the definition of

class 1 offence)

Insert:

or (e) an offence constituted by receiving or assisting a person who

is, to the offender's knowledge, guilty of an offence of a kind

referred to in paragraph (a), (b), (c), (ca) or (cb), in order to

enable the person to escape punishment or to dispose of the

proceeds of the offence;

Amendment of the Telecommunications (Interception) Act 1979 Schedule 2

Civil forfeiture proceedings and named person warrants Part 4

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 9

Part 4--Civil forfeiture proceedings and named

person warrants

9 Paragraph 6K(c)

Repeal the paragraph, substitute:

or an order that is ancillary to a restraining order, under a

prescribed Act of the Commonwealth, a State or the

Australian Capital Territory.

10 After subsection 84(1)

Insert:

(1A) The Ombudsman must include in each report under subsection (1)

in relation to a financial year:

(a) a summary of the inspections conducted in the financial year

under section 83; and

(b) particulars of any deficiencies identified that impact on the

integrity of the telecommunications interception regime

established by this Act; and

be taken to address those deficiencies.

Note:

In complying with this section, the Ombudsman remains bound by

the obligations imposed by section 63 relating to disclosure of

intercepted information or designated warrant information.

11 At the end of paragraphs 100(1)(a), (b), (c), (d) and (e)

Add "and".

12 After paragraph 100(1)(e)

Insert:

(ea) in relation to the applications of a kind referred to in

paragraph (a), (b), (c), (d) or (e), the relevant statistics about

applications of that kind that relate to named person warrants;

and

(eb) in relation to all named person warrants issued during that

year on application made by each agency or authority:

Schedule 2 Amendment of the Telecommunications (Interception) Act 1979

Part 4 Civil forfeiture proceedings and named person warrants

10 Crimes Legislation Amendment (Telecommunications Interception and Other

Measures) Bill 2005 No. , 2005

(i) how many of those warrants involved the interception of

a single telecommunications service; and

(ii) how many of those warrants involved the interception of

between 2 and 5 telecommunications services; and

(iii) how many of those warrants involved the interception of

between 6 and 10 telecommunications services; and

(iv) how many of those warrants involved the interception of

more than 10 telecommunications services; and

(ec) in relation to all named person warrants issued during that

year on application made by each agency or authority, the

total number of telecommunication services intercepted under

those warrants; and

13 At the end of paragraphs 100(2)(a), (b), (c), (d) and (e)

Add "and".

14 After paragraph 100(2)(e)

Insert:

(ea) in relation to the applications of a kind referred to in

paragraph (a), (b), (c), (d) or (e), the relevant statistics about

applications of that kind that relate to named person warrants;

and

(eb) in relation to all named person warrants issued during that

year:

(i) how many of those warrants involved the interception of

a single telecommunications service; and

(ii) how many of those warrants involved the interception of

between 2 and 5 telecommunications services; and

(iii) how many of those warrants involved the interception of

between 6 and 10 telecommunications services; and

(iv) how many of those warrants involved the interception of

more than 10 telecommunications services; and

(ec) in relation to all named person warrants issued during that

year, the total number of telecommunication services

intercepted under those warrants; and

Amendment of the Telecommunications (Interception) Act 1979 Schedule 2

Employees of carriers Part 5

Crimes Legislation Amendment (Telecommunications Interception and Other Measures) Bill

2005 No. , 2005 11

Part 5--Employees of carriers

15 After subsection 5(4)

Insert:

(4A) A reference in this Act to an employee of a carrier includes a

reference to a person who is engaged by the carrier or whose

services are made available to the carrier.

Commonwealth of Australia Bills

CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS INTERCEPTION AND OTHER MEASURES) BILL 2005