Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 1993 No. 103 of 1993 - SECT 3

3.(1) Section 5 of the Principal Act is amended:
(a) by omitting from the definition of "agency" in subsection (1) "Parts IIA
and" (wherever occurring) and substituting " Part";
(b) by adding at the end of the definition of "chief officer" in subsection
(1) the following word and paragraph:

"or (f) in the case of the Criminal Justice Commission-the Chairman of the
Commission;";
(c) by omitting from subparagraph (a)(iv) of the definition of "class 2
offence" in subsection (1) " narcotic drugs" and substituting " prescribed
substances";
(d) by inserting after paragraph (a) of the definition of "class 2 offence" in
subsection (1) the following paragraph:

"(aa) an offence against a provision of Part VIA of the Crimes Act 1914; or";

   (e)  by omitting from paragraph (b) of the definition of "class 2 offence"
        in subsection (1) "paragraph (a)" and substituting "paragraph (a) or
        (aa)";

   (f)  by adding at the end of the definition of "eligible authority" in
        subsection (1) the following word and paragraph:

"or (c) in the case of Queensland-the Criminal Justice Commission;";

   (g)  by adding at the end of the definition of "officer" in subsection (1)
        the following word and paragraph:

"or (f) in the case of the Criminal Justice Commission:

        (i)    a Commissioner of the Commission; or

        (ii)   a person who is an officer of the Commission for the purposes
               of the Criminal Justice Act;";

   (h)  by omitting from paragraph (b) of the definition of "prescribed
        investigation" in subsection (1) "Drug" (wherever occurring);
(i) by adding at the end of the definition of "prescribed investigation" in
subsection (1) the following word and paragraph:

"or (d) in the case of the Criminal Justice Commission-means an investigation
that the Commission is conducting in the performance of its functions under
the Criminal Justice Act;";

   (j)  by omitting paragraph (c) of the definition of "record" in subsection
        (1);
(k) by adding at the end of the definition of "relevant offence" in subsection
(1) the following word and paragraph:

"or (f) in the case of the Criminal Justice Commission-a prescribed offence
that is an offence against the law of Queensland and to which a prescribed
investigation relates;";

   (l)  by omitting from subsection (1) the definitions of "certifying
        officer", "Commissioner" and "restricted record" and substituting
        respectively the following definitions:

" '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, a Deputy Commissioner of Police or a member of the rank of
        Assistant Commissioner; or

   (b)  in the case of the Authority:

        (i)    a member of the Authority; or

        (ii)   a member of the staff of the Authority who is a Senior
               Executive Service officer within the meaning of the Public
               Service Act 1922 and is authorised in writing by the Chairman
               of the Authority for the purposes of this paragraph; or

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

   (d)  in the case of the Crime Commission-a member of the Crime Commission;
        or

   (e)  in the case of the Independent Commission Against Corruption-the
        Commissioner or an Assistant Commissioner of the Independent
        Commission Against Corruption; or

   (f)  in the case of the Criminal Justice Commission-a Commissioner of the
        Criminal Justice Commission;
'Commissioner' means:

   (a)  in relation to the Police Force of a State-the Commissioner of Police
        (however designated) of that State; or

   (b)  in relation to the Criminal Justice Commission-a member of the
        Commission, including the Chairman;
'restricted record' means a record obtained by means of an interception,
whether or not in contravention of subsection 7(1), of a communication passing
over a telecommunications system;";

   (m)  by omitting from subsection (1) the definition of "telegram";

   (n)  by inserting in subsection (1) the following definitions:

" 'Criminal Justice Act' means the Criminal Justice Act 1989 of Queensland;
'Criminal Justice Commission' means the Criminal Justice Commission of
Queensland;
'Deputy Director-General of Security' means an officer of the Organization who
holds office as Deputy Director-General of Security;
'prescribed substance' means a substance that is a narcotic drug or
psychotropic substance for the purposes of the Crimes (Traffic in Narcotic 
Drugs and Psychotropic Substances) Act 1990 ;
'secretary' has the same meaning as in the Corporations Law;
'staff member', in relation to the Australian Federal Police, has the same
meaning as in the Australian Federal Police Act 1979;".

(2) Section 5 of the Principal Act is amended by inserting in subsection (1)
the following definition:

" 'Register' means the Register of Warrants kept under section 81A;".

(3) An authorisation in force for the purposes of paragraph (c) of the
definition of "prescribed officer" in subsection 60(4) of the Principal Act
immediately before the commencement of this section has effect, for the
purposes of the Principal Act as amended by this Act, as if it were an
authorisation for the purposes of subparagraph (b)(ii) of the definition of

"certifying officer" in subsection 5(1) of the Principal Act, as amended by
this Act.