TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 35 Preconditions for declaration

TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 35

  (1)   The Minister shall not make a declaration under section   34 in relation to an eligible authority of a State unless he or she is satisfied that the law (in this subsection called the relevant law ) of that State makes satisfactory provision:

  (a)   imposing on the chief officer of the eligible authority requirements corresponding to the requirements that section   80 (other than paragraphs 80(f) and (g)) and section   81 (other than paragraph   81(1)(h), and subsection   81(2), so far as that subsection relates to paragraph   81(1)(h)) impose on the chief officer of a Commonwealth agency; and

  (c)   requiring the chief officer of the eligible authority to give to a specified Minister (in this subsection called the responsible Minister ) of that State, within 3 months after a warrant issued to the eligible authority ceases to be in force, a written report about:

  (i)   the use made by the eligible authority of information obtained by interceptions under the warrant; and

  (ii)   the communication of such information to persons other than officers of the eligible authority; and

  (d)   requiring the chief officer of the eligible authority to give to the responsible Minister as soon as practicable, and in any event within 3 months, after each 30   June, a written report that sets out such information as:

  (i)   Division   2 of Part   2 - 8 requires to be set out in the Minister's report under that Division relating to the year ending on that 30   June; and

  (ii)   can be derived from the eligible authority's records; and

  (e)   requiring the responsible Minister to give to the Minister, as soon as practicable after a report of a kind referred to in paragraph   (c) or (d) is given to the responsible Minister, a copy of the report; and

  (f)   requiring the chief officer of the eligible authority to cause a restricted record (whether made before or after the commencement of this section) that is in the possession of the eligible authority to be kept, except when it is being otherwise dealt with in accordance with this Act and the relevant law, in a secure place where it is not accessible to persons other than persons who are entitled so to deal with it; and

  (g)   requiring the chief officer of the eligible authority to cause a restricted record of a kind referred to in paragraph   (f) to be destroyed forthwith where the chief officer is satisfied that the restricted record is not likely to be required for a permitted purpose in relation to the eligible authority, other than a purpose connected with an inspection of the kind referred to in paragraph   (h) or with a report on such an inspection; and

  (h)   requiring regular inspections of the eligible authority's records, for the purpose of ascertaining the extent of compliance by the officers of the eligible authority with the requirements referred to in paragraphs   (a), (f) and (g) of this subsection, to be made by an authority of that State that is independent of the eligible authority and on which sufficient powers have been conferred to enable the independent authority to make a proper inspection of those records for that purpose; and

  (ha)   requiring that a person who performs a function or exercises a power under section   44A or 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; and

  (j)   requiring an authority of that State that has made an inspection of the eligible authority's interception records for the purpose referred to in paragraph   (h) to report in writing to the responsible Minister about the results of the inspection; and

  (k)   empowering an authority of that State that, as a result of inspecting the eligible authority's records for the purpose referred to in paragraph   (h), is of the opinion that an officer of the eligible authority has contravened:

  (i)   a provision of this Act; or

  (ii)   a requirement referred to in paragraph   (c);

    to include in the report on the inspection a report on the contravention; and

  (m)   requiring the responsible Minister to give to the Minister, as soon as practicable after a report on an inspection of the kind referred to in paragraph   (j) is given to the responsible Minister, a copy of the report.

  (1A)   Paragraphs   (1)(f) and (g) do not apply to a restricted record that is a record of a communication that was intercepted under paragraph   7(2)(aaa).

  (2)   The Minister must not make a declaration under section   34 in relation to an eligible authority of a State unless the Minister is satisfied that that State has entered into an agreement to pay all expenses connected with the issue of warrants to the authority.