TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 5 Interpretation

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1987 No. 89 of 1987 - SECT 5

5. (1) Section 5 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of "Managing Director of
the Commission" and " warrant"; and

   (b)  by omitting subsection (3).

(2) Section 5 of the Principal Act is amended by inserting in subsection (1)
the following definitions in their respective appropriate alphabetical
positions (determined on a letter-by-letter basis):

"'affidavit' includes affirmation;
'agency' means:

   (a)  except in Part VII:

        (i)    a Commonwealth agency; or

        (ii)   an eligible authority of a State in relation to which a
               declaration under section 34 is in force; and

   (b)  in Part VII:

        (i)    a Commonwealth agency; or

        (ii)   an eligible authority of a State;
'ancillary offence' means an offence constituted by:

   (a)  aiding, abetting, counselling or procuring the commission of an
        offence;

   (b)  being, by act or omission, in any way, directly or indirectly,
        knowingly concerned in, or party to, the commission of an offence;

   (c)  receiving or assisting a person who is, to the offender's knowledge,
        guilty of an offence, in order to enable the person to escape
        punishment or to dispose of the proceeds of the last-mentioned
        offence;

   (d)  attempting or conspiring to commit an offence; or

   (e)  inciting, urging, aiding or encouraging, or printing or publishing any
        writing that incites, urges, aids or encourages, the commission of an
        offence or the carrying on of any operations for or by the commission
        of an offence;
'Australian Capital Territory' includes the Jervis Bay Territory;
'authority', in relation to a State, includes:

   (a)  a Minister of that State;

   (b)  an officer of that State;

   (c)  an authority or body established for a public purpose by or under a
        law of that State; and

   (d)  without limiting the generality of paragraph (c), the Police Force of
        that State;
'Authority' means the National Crime Authority;
'Authority Act' means the National Crime Authority Act 1984;
'certifying officer', in relation to an agency, or an eligible authority of a
State, means:

   (a)  in the case of the Australian Federal Police - the Commissioner of
        Police or a Deputy Commissioner of Police;

   (b)  in the case of the Authority - a member of the Authority;

   (c)  in the case of the Police Force of a State - the Commissioner of that
        Police Force or an officer of that Police Force of the rank that is
        equivalent to the rank of a Deputy Commissioner of Police; or

   (d)  in the case of the Drug Crime Commission - a member of the Drug Crime
        Commission;
'chief officer', in relation to an agency, or an eligible authority of a
State, means:

   (a)  in the case of the Australian Federal Police - the Commissioner of
        Police;

   (b)  in the case of the Authority - the Chairman of the Authority;

   (c)  in the case of the Police Force of a State - the Commissioner of that
        Police Force; or

   (d)  in the case of the Drug Crime Commission - the Chairperson of the Drug
        Crime Commission;
'class 1 offence' means:

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

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

   (c)  a narcotics offence; or

   (d)  an offence constituted by:

        (i)    aiding, abetting, counselling or procuring the commission of;

        (ii)   being, by act or omission, in any way, directly or indirectly,
               knowingly concerned in, or party to, the commission of; or

        (iii)  conspiring to commit; an offence of a kind referred to in
               paragraph (a), (b) or (c); and, except for the purposes of an
               application for a warrant by an agency other than the
               Authority, includes an offence in relation to which the
               Authority is conducting a special investigation within the
               meaning of the Authority Act;
'class 2 offence' means:

   (a)  an offence punishable by imprisonment for life or for a period, or
        maximum period, of at least 7 years, where the particular conduct
        constituting the offence involved, involves, or would involve, as the
        case requires:

        (i)    loss of a person's life or serious risk of loss of a person's
               life;

        (ii)   serious personal injury or serious risk of serious personal
               injury;

        (iii)  serious damage to property in circumstances endangering the
               safety of a person;

        (iv)   trafficking in narcotic drugs;

        (v)    serious fraud; or

        (vi)   serious loss to the revenue of the Commonwealth or of a State;
               or

   (b)  an offence constituted by:

        (i)    aiding, abetting, counselling or procuring the commission of;

        (ii)   being, by act or omission, in any way, directly or indirectly,
               knowingly concerned in, or party to, the commission of; or

        (iii)  conspiring to commit; an offence that is a class 2 offence by
               virtue of paragraph

   (a)  ;
'Commissioner', in relation to the Police Force of a State, means the
Commissioner of Police (however designated) of that State;
'Commonwealth agency' means:

   (a)  the Australian Federal Police; or

   (b)  the Authority;
'communicate', in relation to information, includes divulge;
'conduct' includes any act or omission;
'Deputy Commissioner of Police' means a Deputy Commissioner of Police referred
to in section 6 of the Australian Federal Police Act 1979;
'Drug Crime Commission' means the State Drug Crime Commission of New South
Wales;
'Drug Crime Commission Act' means the State Drug Crime Commission Act 1985 of
New South Wales;
'eligible authority', in relation to a State, means:

   (a)  in any case - the Police Force of that State; or

   (b)  in the case of New South Wales - the Drug Crime Commission;
'Governor', in relation to a State, means, in the case of the Northern
Territory, the Administrator of the Northern Territory;
'inspecting officer' means:

   (a)  the Ombudsman;

   (b)  a Deputy Commonwealth Ombudsman; or

   (c)  a member of the staff referred to in subsection 31 (1) of the
        Ombudsman Act 1976;
'in the possession of', in relation to a document, record or copy, includes in
the custody of or under the control of;
'law of the Commonwealth' includes a law of the Australian Capital Territory;
'Managing Director' means the Managing Director of the Commission;
'member of a police force' means:

   (a)  a member of the Australian Federal Police; or

   (b)  an officer of the Police Force of a State or Territory;
'member of the Authority' includes the Chairman of the Authority;
'member of the Drug Crime Commission' means a person who is, or is acting in
the office of, the Chairperson, or a member, of the Drug Crime Commission;
'member of the staff of the Authority' has the same meaning as it has in the
Authority Act;
'member of the staff of the Drug Crime Commission' means a person who is, for
the purposes of the Drug Crime Commission Act, a member of the staff of
the Commission;
'Minister', in relation to a State, means:

   (a)  except where paragraph (b) applies - a Minister of the Crown of that
        State; or

   (b)  in the case of the Northern Territory - a person holding Ministerial
        office within the meaning of the Northern Territory  (Self-Government)
        Act 1978 ;
'oath' includes affirmation;
'offence' means an offence against a law of the Commonwealth or of a State;
'officer', in relation to an agency, or an eligible authority of a State,
means:

   (a)  in the case of the Australian Federal Police - a member of the
        Australian Federal Police;

   (b)  in the case of the Authority - a member of the Authority or a member
        of the staff of the Authority;

   (c)  in the case of the Police Force of a State - an officer of that Police
        Force; or

   (d)  in the case of the Drug Crime Commission - a member of the Drug Crime
        Commission or a member of the staff of the Drug Crime Commission;
'Ombudsman' means the Commonwealth Ombudsman;
'original warrant' means a warrant other than a renewal of a warrant;
'Part VI warrant' means a warrant issued or to be issued under Part VI;
'permitted purpose', in relation to an agency, or an eligible authority of a
State, means a purpose connected with:

   (a)  in any case:

        (i)    an investigation by the agency or eligible authority of a
               prescribed offence;

        (ii)   the making by an authority, body or person of a decision
               whether or not to begin a relevant proceeding in relation to
               the agency or eligible authority;

        (iii)  a relevant proceeding in relation to the agency or eligible
               authority; or

        (iv)   the exercise by the chief officer of the agency or eligible
               authority of the powers conferred by section 68;

   (b)  in the case of the Australian Federal Police:

        (i)    an investigation of, or an inquiry into, alleged misbehaviour,
               or alleged improper conduct, of an officer of the Commonwealth,
               being an investigation or inquiry under a law of the
               Commonwealth or by a person in the person's capacity as an
               officer of the Commonwealth;

        (ii)   a report on such an investigation or inquiry;

        (iii)  the tendering to the Governor-General of advice to terminate,
               because of misbehaviour or improper conduct, the appointment of
               an officer of the Commonwealth; or

        (iv)   deliberations of the Executive Council in connection with
               advice to the Governor-General to terminate, because of
               misbehaviour or improper conduct, the appointment of an officer
               of the Commonwealth;

   (c)  in the case of the Police Force of a State:

        (i)    an investigation of, or an inquiry into, alleged misbehaviour,
               or alleged improper conduct, of an officer of that State, being
               an investigation or inquiry under a law of that State or by a
               person in the person's capacity as an officer of that State;

        (ii)   a report on such an investigation or inquiry;

        (iii)  the tendering to the Governor of that State of advice to
               terminate, because of misbehaviour or improper conduct, the
               appointment of an officer of that State; or

        (iv)   deliberations of the Executive Council of that State in
               connection with advice to the Governor of that State to
               terminate, because of misbehaviour or improper conduct, the
               appointment of an officer of that State; or

   (d)  in the case of an eligible authority of a State:

        (i)    an inspection of the authority's records that is made under a
               requirement of the law of that State, being a requirement of
               the kind referred to in paragraph 35 (1) (h); or

        (ii)   a report on such an inspection;
'police disciplinary proceeding' means a disciplinary proceeding, before a
tribunal or body that is responsible for disciplining members of the
Australian Federal Police or officers of a Police Force of a State, against a
member of the Australian Federal Police, or an officer of that Police Force,
as the case may be, not being a proceeding by way of a prosecution for an
offence;
'Premier', in relation to a State, means, in the case of the Northern
Territory, the Chief Minister of the Northern Territory;
'premises' includes:

   (a)  any land;

   (b)  any structure, building, aircraft, vehicle, vessel or place (whether
        built on or not); and

   (c)  any part of such a structure, building, aircraft, vehicle, vessel or
        place;
'prescribed investigation', in relation to an agency:

   (a)  in the case of the Authority - has the same meaning as in the
        Authority Act;

   (b)  in the case of the Drug Crime Commission - means an investigation that
        the Drug Crime Commission is conducting in the performance of its
        functions under the Drug Crime Commission Act;
'prescribed offence' means:

   (a)  a serious offence;

   (b)  an offence against subsection 7 (1) or section 63;

   (c)  an offence against section 86, 87, 88, 94 or 94A of the
        Telecommunications Act 1975;

   (d)  any other offence punishable by imprisonment for life or for a period,
        or maximum period, of at least 3 years; or

   (e)  an ancillary offence relating to an offence of a kind referred to in
        paragraph (a), (b), (c) or (d) of this definition;
'proceeding' means:

   (a)  a proceeding or proposed proceeding in a federal court or in a court
        of a State or Territory;

   (b)  a proceeding or proposed proceeding, or a hearing or proposed hearing,
        before a tribunal in Australia, or before any other body, authority or
        person in Australia having power to hear or examine evidence; or

   (c)  an examination or proposed examination by or before such a tribunal,
        body, authority or person;
'record' means:

   (a)  in relation to information - a record or copy, whether in writing or
        otherwise, of the whole or a part of the information;

   (b)  in relation to an interception, whether or not in contravention of
        subsection 7 (1), of a communication:

        (i)    a record or copy, whether in writing or otherwise, of the whole
               or a part of the communication, being a record or copy made by
               means of the interception; or

        (ii)   a record or copy, whether in writing or otherwise, of the whole
               or a part of a record or copy that is, by virtue of any other
               application or applications of this definition, a record
               obtained by the interception; or

   (c)  in relation to a warrant under section 11 or 11A or Part IV:

        (i)    the whole or a part of a copy of a telegram made under the
               warrant; or

        (ii)   a record or copy, whether in writing or otherwise, of the whole
               or a part of a record or copy that is, by virtue of any other
               application or applications of this definition, a record
               obtained by virtue of the warrant;
'relevant offence', in relation to an agency, means:

   (a)  in the case of the Australian Federal Police - a prescribed offence
        that is an offence against a law of the Commonwealth;

   (b)  in the case of the Authority - a prescribed offence to which a
        prescribed investigation relates;

   (c)  in the case of the Police Force of a State - a prescribed offence that
        is an offence against a law of that State; or

   (d)  in the case of the Drug Crime Commission - a prescribed offence that
        is an offence against a law of New South Wales and to which a
        prescribed investigation relates;
'relevant statistics', in relation to applications of a particular kind, means
all of the following:

   (a)  how many applications of that kind were made;

   (b)  how many applications of that kind were withdrawn or refused; and

   (c)  how many warrants were issued on applications of that kind;
'renewal', in relation to a warrant issued to an agency in respect of a
telecommunications service, means a warrant:

   (a)  that is issued to the agency in respect of that service; and

   (b)  the application for which was made while:

        (i)    the first-mentioned warrant; or

        (ii)   a warrant that is, by virtue of any other application or
               applications of this definition, a renewal of the
               first-mentioned warrant; was still in force;
'renewal application' means an application by an agency for a warrant in
respect of a telecommunications service, being an application made while a
warrant issued to the agency in respect of that service is still in force;
'restricted record' means:

   (a)  a record obtained by an interception, whether or not in contravention
        of subsection 7 (1), of a communication passing over a
        telecommunications system; or

   (b)  a record obtained by virtue of a warrant under section 11 or 11A or
        Part IV;
'section 11A information' means information obtained (whether before or after
the commencement of this definition) by virtue of a warrant issued under
section 11A;
'serious offence', means an offence that is or has been a class 1 offence or a
class 2 offence;
'State' includes the Northern Territory;
'telegram' includes a material record, held by or on behalf of the Commission,
of a message transmitted, or intended for transmission, as a telegram;
'telephone application' means an application made by telephone for a Part VI
warrant;
'Territory' does not include the Northern Territory;
'warrant' means:

   (a)  except in Part VI - a warrant issued under this Act (whether before or
        after the commencement of this definition); or

   (b)  in Part VI - a Part VI warrant.".