Repeal the subsections, substitute:

Communications to or from emergency service facilities

(2A)

In this section, emergency service facility means premises that are declared by the Minister, by written instrument, to be an emergency service facility.

(2B)

The Minister may declare premises to be an emergency service facility if the Minister is satisfied that the premises are operated by:

(a) a police force or service of the Commonwealth, of a State or of the Australian Capital Territory; or
(b) a fire service of a State or of the Australian Capital Territory; or
(c) an ambulance service of a State or of the Australian Capital Territory; or
(d) a service for despatching, or referring matters for the attention of, a force or service referred to in paragraph (a), (b) or (c);

to enable that force or service, or another force or service, to deal with a request for assistance in an emergency.

(2C)

A declaration by the Minister under subsection (2B) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

(2D)

If the Minister makes a declaration under subsection (2B), the Minister must, by legislative instrument, specify:

(a) the name of the force or service operating the premises to which the declaration relates; and
(b) the geographical region in which those premises are located.

(2E)

If a House of the Parliament disallows, in accordance with section 42 of the Legislative Instruments Act 2003 , a legislative instrument made under subsection (2D), the declaration to which the instrument relates is taken to have been revoked at the time of the disallowance.

(2F)

If a person who is lawfully engaged in duties relating to the receiving and handling of communications to or from an emergency service facility listens to or records a communication passing over a telecommunications system to or from the emergency service facility, the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

(2G)

Subsection (2F) only applies in relation to an emergency service facility if signs notifying persons that communications to or from the facility may be listened to or recorded are clearly visible at each entrance to the facility.

Insert:

(ad) for each State and for the Australian Capital Territory, the number and type of emergency service facilities located in that State or Territory that have been declared by the Minister during the year to which the report relates; and

Insert:

(2H)

If:

(a) an inspector under section 267 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications and Media Authority under the Australian Communications and Media Authority Act 2005 or the Radiocommunications Act 1992 ; and
(b) while performing those spectrum management functions, the inspector incidentally listens to or records a communication passing over a telecommunications system;

the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

Insert:

(2H)

If:

(a) an inspector under section 267 of the Radiocommunications Act 1992 is lawfully engaged in performing spectrum management functions of the Australian Communications Authority under the Australian Communications Authority Act 1997 or the Radiocommunications Act 1992 ; and
(b) while performing those spectrum management functions, the inspector incidentally listens to or records a communication passing over a telecommunications system;

the listening or recording does not, for the purposes of this Act, constitute an interception of the communication.

Omit "the Australian Communications Authority under the Australian Communications Authority Act 1997 ", substitute "the Australian Communications and Media Authority under the Australian Communications and Media Authority Act 2005 ".

Insert:

or (e) an offence constituted by receiving or assisting a person who is, to the offender's knowledge, guilty of an offence of a kind referred to in paragraph (a), (b), (c), (ca) or (cb), in order to enable the person to escape punishment or to dispose of the proceeds of the offence;

Repeal the paragraph, substitute:

(c) a proceeding by way of an application for a restraining order, or an order that is ancillary to a restraining order, under a prescribed Act of the Commonwealth, a State or the Australian Capital Territory.

Insert:

(1A)

The Ombudsman must include in each report under subsection (1) in relation to a financial year:

(a) a summary of the inspections conducted in the financial year under section 83; and
(b) particulars of any deficiencies identified that impact on the integrity of the telecommunications interception regime established by this Act; and
(c) particulars of the remedial action (if any) taken or proposed to be taken to address those deficiencies.

Note: In complying with this section, the Ombudsman remains bound by the obligations imposed by section 63 relating to disclosure of intercepted information or designated warrant information.

Add "and".

Insert:

(ea) in relation to the applications of a kind referred to in paragraph (a), (b), (c), (d) or (e), the relevant statistics about applications of that kind that relate to named person warrants; and
(eb) in relation to all named person warrants issued during that year on application made by each agency or authority:
(i) how many of those warrants involved the interception of a single telecommunications service; and
(ii) how many of those warrants involved the interception of between 2 and 5 telecommunications services; and
(iii) how many of those warrants involved the interception of between 6 and 10 telecommunications services; and
(iv) how many of those warrants involved the interception of more than 10 telecommunications services; and
(ec) in relation to all named person warrants issued during that year on application made by each agency or authority, the total number of telecommunication services intercepted under those warrants; and

Add "and".

Insert:

(ea) in relation to the applications of a kind referred to in paragraph (a), (b), (c), (d) or (e), the relevant statistics about applications of that kind that relate to named person warrants; and
(eb) in relation to all named person warrants issued during that year:
(i) how many of those warrants involved the interception of a single telecommunications service; and
(ii) how many of those warrants involved the interception of between 2 and 5 telecommunications services; and
(iii) how many of those warrants involved the interception of between 6 and 10 telecommunications services; and
(iv) how many of those warrants involved the interception of more than 10 telecommunications services; and
(ec) in relation to all named person warrants issued during that year, the total number of telecommunication services intercepted under those warrants; and

Insert:

(ae) a summary of the information:
(i) that is required under subsection 84(1A) to be included by the Ombudsman in the report made under subsection 84(1); and
(ii) that relates to the year to which the Minister's report relates; and

Insert:

(4A)

A reference in this Act to an employee of a carrier includes a reference to a person who is engaged by the carrier or whose services are made available to the carrier.