Commonwealth Numbered Acts

TELECOMMUNICATIONS INTERCEPTION LEGISLATION AMENDMENT ACT (NO. 1) 2009 (NO. 32, 2009) - SCHEDULE 2

Surveillance Devices Act 2004

1  Subsection 6(1) (paragraph (g) of the definition of appropriate authorising officer )

Repeal the paragraph, substitute:

                     (g)  if the law enforcement officer is a law enforcement officer belonging to or seconded to the Crime and Misconduct Commission:

                              (i)  the chairperson (as defined by the Crime and Misconduct Commission Act 2001 of Queensland); or

                             (ii)  an assistant commissioner (as defined by the Crime and Misconduct Commission Act 2001 of Queensland); and

Telecommunications (Interception and Access) Act 1979

2  Subsection 5(1) (paragraph (f) of the definition of certifying officer )

Repeal the paragraph, substitute:

                      (f)  in the case of the Crime and Misconduct Commission:

                              (i)  the Chairperson (as defined by the Crime and Misconduct Act); or

                             (ii)  an Assistant Commissioner (as defined by the Crime and Misconduct Act); or

3  Subsection 5AC(4)

After "in writing,", insert "an officer of the police force of the State whose rank is equivalent to that of".

4  Transitional provision

(1)        This item applies to an authorisation that has effect, on and after the commencement of item 25 of Schedule 2 to the Telecommunications Interception Legislation Amendment Act 2008 , as if it were an authorisation in force under subsection 5AC(4) of the Telecommunications (Interception and Access) Act 1979 .

Note:          Item 25 of Schedule 2 to the Telecommunications Interception Legislation Amendment Act 2008 commenced on 4 October 2008.

(2)        The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under subsection 5AC(4) of the Telecommunications (Interception and Access) Act 1979 , as amended by item 3 of this Schedule.

(3)        To avoid doubt, the amendments made by item 3 of this Schedule do not affect the validity of anything done before the commencement of this item in relation to, or in reliance on, an authorisation to which this item applies.

[ Minister's second reading speech made in--

House of Representatives on 3 December 2008

Senate on 5 February 2009 ]