Commonwealth Consolidated Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 2006 - SCHEDULE 4

Part 1 -- Amendments

Telecommunications (Interception) Act 1979

1  Subsection 5(1) (definition of class 1 offence )

Repeal the definition.

2  Subsection 5(1) (definition of class 2 offence )

Repeal the definition.

3  Subsection 5(1) (definition of named person warrant )

Omit ", 45A".

4  Subsection 5(1) (paragraph (a) of the definition of prescribed offence )

Repeal the paragraph, substitute:

                     (a)  a serious offence, or an offence that was a serious offence when the offence was committed;

5  Subsection 5(1) (definition of serious offence )

Repeal the definition, substitute:

"serious offence" has the meaning given by section 5D.

6  Subsection 5(1) (definition of telecommunications service warrant )

Omit "45,".

7  Subsection 5D(1)

Repeal the subsection, substitute:

General types of serious offences

             (1)  An offence is a serious offence if it is:

                     (a)  a murder, or an offence of a kind equivalent to murder; or

                     (b)  a kidnapping, or an offence of a kind equivalent to kidnapping; or

                     (c)  an offence against Division 307 of the Criminal Code ; or

                     (d)  an offence constituted by conduct involving an act or acts of terrorism; or

                     (e)  an offence against Division 72, 101, 102 or 103 of the Criminal Code ; or

                      (f)  except for the purposes of an application for a warrant by an agency other than the ACC, an offence in relation to which the ACC is conducting a special investigation.

Note:       The heading to section 5D is replaced by the heading " Serious offences ".

8  Subsection 5D(2)

Omit "is a class 2 offence ", substitute "is also a serious offence ".

Note:       The heading to subsection 5D(2) is deleted.

9  Subsections 5D(2A), (3), (3A), (4), (5) and (5A)

Omit " class 2 offence ", substitute " serious offence ".

Note:       The following heading to subsection 5D(2A) is inserted " Telecommunications offences ".

10  Subsection 5D(5A)

Omit "Division 307 or".

11  Subsection 5D(6)

Omit " class 2 offence ", substitute " serious offence ".

Note:       The heading to subsection 5D(6) is altered by omitting " class 2 offences " and substituting " serious offences ".

12  Subsection 5D(6)

Omit "class 2 offence", substitute "serious offence".

13  At the end of section 5D

Add:

             (7)  An offence is also a serious offence if it is an offence constituted by receiving or assisting a person who is, to the offender's knowledge, guilty of a serious offence mentioned in subsection (1), in order to enable the person to escape punishment or to dispose of the proceeds of the offence.

14  Paragraph 6H(a)

Repeal the paragraph, substitute:

                     (a)  in the case of a warrant under section 48--paragraphs 46(1)(c) and (d); or

15  Paragraph 6H(b)

Omit "45(c) and (d), 45A (c) and (d),".

16  Subsection 7(9)

Repeal the subsection, substitute:

             (9)  The doing of an act mentioned in subparagraph (4)(b)(ii) or (iii) or (5)(b)(ii) or (iii) in a particular case is taken to constitute a serious offence, even if it would not constitute a serious offence apart from this subsection.

Note:          See subsection (6). A Part 2‑5 warrant can only be issued for the purposes of an investigation relating to the commission of a serious offence.

17  Sections 45 and 45A

Repeal the sections.

18  Paragraphs 46(1)(d) and 46A(1)(d)

Omit "a class 2 offence, or class 2 offences,", substitute "a serious offence, or serious offences,".

Note:       The headings to sections 46 and 46A are altered by omitting " in relation to class 2 offence ".

19  Section 47

Omit "45, 45A,".

20  Subsection 48(1)

Omit "45 or" (wherever occurring).

21  Paragraph 48(3)(c)

Omit "45 or".

22  Subparagraph 48(3)(d)(ii)

Omit "45 or".

23  Paragraph 49(7)(a)

Repeal the paragraph, substitute:

                     (a)  in the case of a warrant under section 48--paragraph 46(1)(d); or

24  Paragraph 49(7)(b)

Omit "45(d), 45A(d),".

25  Subsection 54(1)

Omit "45, 45A,".

26  Subsection 61(3)

Omit "45, 45A,".

27  Subparagraph 81A(2)(g)(i)

Repeal the subparagraph, substitute:

                              (i)  in the case of a warrant under section 48--paragraph 46(1)(d); or

28  Subparagraph 81A(2)(g)(ii)

Omit "45(d), 45A(d),".

29  Subparagraph 81C(2)(g)(i)

Repeal the subparagraph, substitute:

                              (i)  in the case of a warrant under section 48--paragraph 46(1)(d); or

30  Subparagraph 81C(2)(g)(ii)

Omit "45(d), 45A(d),".

Part 2 -- Transitional provisions

31  Pending applications

(1)        The Telecommunications (Interception) Act 1979 as amended by this Schedule applies to applications made before the commencement of this Schedule for warrants under section 45 of that Act that:

                     (a)  were made before the commencement of this Schedule; and

                     (b)  were not refused or withdrawn before that commencement;

as if they were applications made for warrants under section 46 of that Act.

(2)        The Telecommunications (Interception) Act 1979 as amended by this Schedule applies to applications made before the commencement of this Schedule for warrants under section 45A of that Act that:

                     (a)  were made before the commencement of this Schedule; and

                     (b)  were not refused or withdrawn before that commencement;

as if they were applications made for warrants under section 46A of that Act.

32  Continuation of warrants under sections 45 and 45A

(1)        A warrant that was issued before the commencement of this Schedule under section 45 of the Telecommunications (Interception) Act 1979 and that was in force immediately before that commencement continues in force after that commencement as if it had been issued under section 46 of that Act.

(2)        A warrant that was issued before the commencement of this Schedule under section 45A of the Telecommunications (Interception) Act 1979 and that was in force immediately before that commencement continues in force after that commencement as if it had been issued under section 46A of that Act.

33  Warrants under sections 46, 46A and 48 unaffected

The amendments of sections 46, 46A and 48 of the Telecommunications (Interception) Act 1979 made by this Schedule do not affect the validity of warrants issued under those sections before the commencement of this Schedule.

34  Renewals of warrants

To avoid doubt, a warrant issued after the commencement of this Schedule under section 46 or 46A of the Telecommunications (Interception) Act 1979 may be, for the purposes of that Act, a renewal of a warrant issued before that commencement under section 45 or 45A of that Act.