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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Telecommunications
(Interception) Amendment Bill 2004
No.
,
2004
(Attorney-General)
A
Bill for an Act to amend the Telecommunications (Interception) Act 1979,
and for other purposes
Contents
Telecommunications (Interception) Act
1979 3
A Bill for an Act to amend the Telecommunications
(Interception) Act 1979, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Telecommunications (Interception)
Amendment Act 2004.
This Act commences on the day after it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Telecommunications
(Interception) Act 1979
1 Subsection 5(1) (after paragraph (ca) of the
definition of class 1 offence)
Insert:
(cb) an offence against Division 72, 101, 102 or 103 of the
Criminal Code; or
2 Subsection 5(1) (paragraph (d) of the
definition of class 1 offence)
Omit “or (ca)”, substitute “, (ca) or
(cb)”.
3 Subparagraph 5D(3)(d)(x)
Repeal the subparagraph, substitute:
(x) dealings in firearms or armaments;
4 Subsection 5D(5)
Repeal the subsection, substitute:
Cybercrime offences etc.
(5) An offence is also a class 2 offence if it is an offence
against any of the following provisions:
(a) Part 10.7 of the Criminal Code;
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the
Crimes Act 1900 of New South Wales;
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the
Crimes Act 1958 of Victoria;
(d) a provision of a law of a State (other than New South Wales or
Victoria) that corresponds to a provision covered by paragraph (a), (b) or
(c);
(e) a provision of a law of a Territory that corresponds to a provision
covered by paragraph (a), (b) or (c);
(f) section 440A of The Criminal Code of Western
Australia.
5 Subsection 6(1)
Omit “or recording”, substitute “, recording, reading or
viewing”.
6 Subsection 6(2)
Omit “or records” (wherever occurring), substitute “,
records, reads or views”.
7 Subsection 6(2)
Omit “or recording”, substitute “, recording, reading or
viewing”.
8 Subsection 6(2B)
Omit “or records”, substitute “, records, reads or
views”.
9 Subsection 6(2B)
Omit “or recording”, substitute “, recording, reading or
viewing”.
10 At the end of section 6
Add:
Communications to publicly-listed ASIO numbers
(3) In this section, a publicly-listed ASIO number is a
telephone number that:
(a) enables members of the public to contact the Organisation;
and
(b) is listed in:
(i) a telephone directory; or
(ii) a telephone number database;
that is available to the public.
(4) If:
(a) a person makes a call to a publicly-listed ASIO number; and
(b) another person who is lawfully engaged in duties relating to the
receiving and handling of communications to that number listens to, records,
reads or views a communication passing over a telecommunications system in the
course of that call;
the listening, recording, reading or viewing does not, for the purposes of
this Act, constitute the interception of the communication.
Delayed access message services—access to stored
communications
(5) In this section, a delayed access message service is a
means by which a communication intended for a person can be:
(a) submitted without the person being in direct contact with anyone
submitting the communication; and
(b) subsequently accessed by the person (whether or not other persons
might also be able to access it);
but does not include a service for the carriage of communications by way of
voice over Internet protocol.
Note: Some common examples of delayed access message
services are e-mail services and voice mail services.
(6) In this section, a stored communication is a
communication that:
(a) has been submitted using a delayed access message service;
and
(b) is stored on equipment.
(7) For the purposes of this section, a stored communication that is
intended for a person (the intended recipient) is taken not to be
passing over a telecommunications system:
(a) when it is accessed by or with the authority of the intended
recipient; or
(b) when it is accessed by another person at any time after it is accessed
by or with the authority of the intended recipient, so long as it is accessed by
the other person without using a telecommunications service or any other form of
remote access, unless the use of the telecommunications service or the other
form of remote access, as the case may be, is merely for the purpose of, or an
incidental result of:
(i) turning on equipment; or
(ii) obtaining power required to operate equipment; or
(iii) any other action prescribed by regulations for the purposes of this
subparagraph; or
(c) when it is accessed by another person using:
(i) any or all of the equipment which the intended recipient could have
used to access the stored communication; or
(ii) any or all of the equipment mentioned in subparagraph (i) in
combination with other equipment;
so long as it is accessed by the other person without using a
telecommunications service or any other form of remote access, unless the use of
the telecommunications service or the other form of remote access, as the case
may be, is merely for the purpose of, or an incidental result of:
(iii) turning on equipment; or
(iv) obtaining power required to operate equipment; or
(v) any other action prescribed by regulations for the purposes of this
subparagraph.
Note: The heading to section 6DA is altered by omitting
“for use of listening devices”.
11 Transitional—pre-commencement
warrants
(1) This item applies to a warrant that was in force immediately before the
commencement of this item.
(2) In determining whether an act or thing done after the commencement of
this item falls within the scope of the interceptions authorised by the warrant,
apply section 6 of the Telecommunications (Interception) Act 1979 as
amended by this Schedule.
12 At the end of paragraph
15(1A)(b)
Add “and”.
13 After paragraph 15(1A)(b)
Insert:
(ba) the execution of the warrant will involve the taking of action by the
carrier or its employees;
14 At the end of paragraph
15(4)(b)
Add “and”.
15 After paragraph 15(4)(b)
Insert:
(ba) the execution of the warrant will involve the taking of action by the
carrier or its employees;
16 Subsection 55(5)
Omit “subsections (1) and (2)”, substitute
“subsection (1)”.
17 Paragraph 60(5)(b)
After “issued”, insert “, or a certifying officer of that
agency,”.
18 Subsection 60(5)
After “the chief officer” (last occurring), insert “or
the certifying officer”.