Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1987 No. 120 of 1987 - SECT 59

59. After Part II of the Principal Act the following Part is inserted:

"PART IIA - COMMUNICATING CERTAIN INFORMATION TO
THE FITZGERALD INQUIRY Interpretation

"8A. In this Part, unless the contrary intention appears:
'Commissioner' means Gerald Edward Fitzgerald Q.C., in his capacity as the
person making the inquiry;
'eligible information' means information:

   (a)  obtained by an eligible interception of a communication passing over a
        telecommunications system; and

   (b)  relating to one or more of the following matters:

        (i)    the fact that the communication passed over that system;

        (ii)   the day on which, and the time at which, the communication
               passed over that system;

        (iii)  the duration of the communication;

        (iv)   the identity of a telecommunications service from which the
               communication was made;

        (v)    the identity of a telecommunications service to which the
               communication was made or directed; but does not include
               information obtained by intercepting a conversation, or part of
               a conversation, being a conversation or part constituting all
               or part of the communication;
'eligible interception' means an interception:

   (a)  otherwise than in contravention of subsection 7 (1) and whether before
        or after the commencement of this Part; or

   (b)  in contravention of subsection 7 (1) and before the commencement of
        this Part; of a communication passing over a telecommunications
        system;
'inquiry' means the inquiry being made by Gerald Edward Fitzgerald Q.C. under
the Order in Council that was made under The Commissions of Inquiry Act of
1950 of the State of Queensland and published in the Queensland Government
Gazette, on 26 May 1987, at pages 758A and 758B, being that Order in Council
as amended by:

   (a)  the Order in Council made under that Act and published in the
        Queensland Government Gazette, on 24 June 1987, at pages 1841A and
        1841B; and

   (b)  any other instrument, whether made before or after the commencement of
        this Part. Communicating information to the Commissioner

"8B. A person may, for a purpose connected with the inquiry, or for 2 or more
such purposes, and for no other purpose, communicate eligible information to,
or give eligible information in evidence before, the Commissioner. Further
dealing by the Commissioner for purposes of the inquiry

"8C. (1) The Commissioner may, for a purpose connected with the inquiry, or
for 2 or more such purposes, and for no other purpose, communicate to a
person, make use of, or make a record of, eligible information.

"(2) Without limiting the generality of subsection (1), the Commissioner may
include eligible information in any report about the inquiry and, if he does
so, subsection 7 (4) does not apply in relation to the contents of the report
or of any part of it. Commissioner may communicate certain information to law
enforcement agencies

"8D. The Commissioner may, personally, or by a person authorised by him,
communicate eligible information that was communicated to, or given in
evidence before, the Commissioner under section 8B:

   (a)  if the information relates, or appears to relate, to the commission of
        a relevant offence in relation to an agency:

        (i)    if the agency is the Australian Federal Police or the Police
               Force of a State - to a member of the Australian Federal Police
               or an officer of that Police Force, as the case may be; or

        (ii)   in any other case - to the chief officer of the agency;

   (b)  if the information relates, or appears to relate, to:

        (i)    the subject matter of a proceeding under a law of the
               Commonwealth for the confiscation or forfeiture of property, or
               for the imposition of a pecuniary penalty, in connection with
               the commission of a prescribed offence;

        (ii)   an act or omission by a member of the Australian Federal Police
               that may give rise to a proceeding against that member, or to
               which a proceeding against that member relates, being a police
               disciplinary proceeding; or

        (iii)  misbehaviour or improper conduct of an officer of the
               Commonwealth; to the Commissioner of Police; and

   (c)  if the information relates, or appears to relate, to:

        (i)    the subject matter of a proceeding under a law of a State for
               the confiscation or forfeiture of property, or for the
               imposition of a pecuniary penalty, in connection with the
               commission of a prescribed offence;

        (ii)   an act or omission by an officer of the Police Force of a State
               that may give rise to a proceeding against that officer, or to
               which a proceeding against that officer relates, being a police
               disciplinary proceeding; or

        (iii)  misbehaviour or improper conduct of an officer of a State; to
               the Commissioner of the Police Force of that State. Making
               record for purpose of permitted communication

"8E. A person whom section 8B or 8D permits to communicate particular
information to another person may, for the purpose of so communicating the
information in accordance with that section, make a record of the information,
or cause such a record to be made. Further dealing for permitted purpose in
relation to agency

"8F. An officer of an agency may, for a permitted purpose, or permitted
purposes, in relation to the agency, and for no other purpose, communicate to
another person, make use of, or make a record of, eligible information that
the Commissioner has, in accordance with section 8D, communicated to an
officer of that agency. Further dealing by recipient under section 8C or 8F

"8G. A person to whom information has, in accordance with subsection 8C (1),
section 8F or this section, been communicated for a purpose, or for 2 or more
purposes, may, for that purpose, or for one or more of those purposes, and for
no other purpose, communicate to another person, make use of, or make a record
of, that information. Giving certain information in evidence in an exempt
proceeding

"8H. (1) Where a person has communicated eligible information to, or given
eligible information in evidence before, the Commissioner under section 8B,
the person, or any other person, may give the information in evidence in an
exempt proceeding, whether begun before or after the commencement of this
Part.

"(2) For the purposes of applying subsection (1) in relation to information,
the question whether or not a communication was intercepted in contravention
of subsection 7 (1) may be determined on the balance of probabilities. Effect
of this Part

"8J. This Part has effect notwithstanding subsection 7 (4).".