Commonwealth Numbered Acts

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT ACT 2004 NO. 55, 2004 - SCHEDULE 1

Telecommunications (Interception) Act 1979

Insert:

(cb) an offence against Division 72, 101, 102 or 103 of the Criminal Code ; or
2 Subsection 5(1) (paragraph (d) of the definition of class 1 offence )

Omit "or (ca)", substitute ", (ca) or (cb)".

3 Subparagraph 5D(3)(d)(x)

Repeal the subparagraph, substitute:

(x) dealings in firearms or armaments;
4 Subsection 5D(5)

Repeal the subsection, substitute:

Cybercrime offences etc.

(5)

An offence is also a class 2 offence if it is an offence against any of the following provisions:

(a) Part 10.7 of the Criminal Code ;
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales;
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria;
(d) a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c);
(e) a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c);
(f) section 440A of The Criminal Code of Western Australia.
10 At the end of section 6

Add:

Communications to publicly-listed ASIO numbers

(3)

In this section, a publicly-listed ASIO number is a telephone number that:

(a) enables members of the public to contact the Organisation; and
(b) is listed in:
(i) a telephone directory; or
(ii) a telephone number database;
that is available to the public.

(4)

If:

(a) a person makes a call to a publicly-listed ASIO number; and
(b) another person who is lawfully engaged in duties relating to the receiving and handling of communications to that number listens to or records a communication passing over a telecommunications system in the course of that call;

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

Note: The heading to section 6DA is altered by omitting "for use of listening devices".

12 At the end of paragraph 15(1A)(b)

Add "and".

13 After paragraph 15(1A)(b)

Insert:

(ba) the execution of the warrant will involve the taking of action by the carrier or its employees;
14 At the end of paragraph 15(4)(b)

Add "and".

15 After paragraph 15(4)(b)

Insert:

(ba) the execution of the warrant will involve the taking of action by the carrier or its employees;
16 Subsection 55(5)

Omit "subsections (1) and (2)", substitute "subsection (1)".

17 Paragraph 60(5)(b)

After "issued", insert ", or a certifying officer of that agency,".

18 Subsection 60(5)

After "the chief officer" (last occurring), insert "or the certifying officer".