Commonwealth Numbered Acts

COMMUNICATIONS LEGISLATION AMENDMENT ACT (NO. 1) 2003 NO. 114, 2003 - SCHEDULE 3

1 Paragraph 3(b)

Repeal the paragraph, substitute:

(b)

make adequate provision of the spectrum:

(i)

for use by agencies involved in the defence or national security of Australia, law enforcement or the provision of emergency services; and

(ii)

for use by other public or community services;

2 After paragraph 27(1)(b)

Insert:

(ba)

one of the following bodies:

(i)

the Independent Commission Against Corruption established by the Independent Commission Against Corruption Act 1988 of New South Wales;

(ii)

the Western Australian Anti-Corruption Commission established by the Anti-Corruption Commission Act 1988 of Western Australia; or

(bb)

one of the following bodies:

(i)

the New South Wales Crime Commission established by the New South Wales Crime Commission Act 1985 of New South Wales;

(ii)

the Crime and Misconduct Commission established by the Crime and Misconduct Act 2001 of Queensland; or

(bc)

the National Crime Authority established by the National Crime Authority Act 1984 ; or

(bd)

the New South Wales Police Integrity Commission established by the Police Integrity Commission Act 1996 of New South Wales; or

(be)

a body that:

(i)

performs functions related to the investigation, prevention or prosecution of serious crime, or of corruption (whether or not the body also performs other functions); and

(ii)

is covered by a written determination made by the ACA for the purposes of this paragraph; or

Note: The heading to section 27 is replaced by the heading "Exemption for defence, law enforcement and emergency personnel".

3 Subsection 27(2)

Repeal the subsection, substitute:

(2)

The ACA may determine in writing that acts or omissions by members of a class of persons to whom this section applies are exempt from either or both of the following:

(a)

all or any of Parts 3.1, 4.1 and 4.2;

(b)

specified provisions of those Parts.

The exemption may be expressed to apply generally or in specified circumstances.

(3)

A determination under paragraph (1)(be) or subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(4)

For the purposes of subparagraph (1)(be)(i), serious crime is conduct that, if engaged in within, or in connection with, Australia, would constitute an offence against the law of the Commonwealth, a State or a Territory punishable by imprisonment for a period exceeding 12 months.

4 At the end of subsection 104(1)

Add:

; or (c) the apparatus licence authorises a body covered by any of paragraphs 27(1)(b) to (be) to operate specified radiocommunications devices, or radiocommunications devices of a specified kind, for the purpose of investigations or operations conducted by the body.

5 Subsections 104(2) and (3)

Omit "The licence", substitute "An apparatus licence of a kind mentioned in paragraph (1)(a) or (b)".

6 Subsection 105(2)

Repeal the subsection, substitute:

(2)

The ACA may issue such an apparatus licence:

(a)

to a body covered by any of paragraphs 27(1)(b) to (be) for the purpose of investigations or operations conducted by the body; or

(b)

if it is satisfied that the special circumstances of the particular case justify the issuing of the licence.

7 After paragraph 153P(2)(d)

Insert:

(da)

the licence is issued to a body covered by any of paragraphs 27(1)(b) to

(be)

for the purpose of investigations or operations conducted by the body; or

8 Subsection 153P(3)

Omit all the words from and including "unless", substitute:

unless:

(c)

the licence is issued to a body covered by any of paragraphs 27(1)(b) to

(be)

for the purpose of investigations or operations conducted by the body; or

(d)

the ACA is satisfied that the special circumstances of the case justify the issuing of the licence.