Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 5(1) (paragraph (a) of the definition of certifying officer )
Omit "a senior executive AFP employee who is a member of the Australian Federal Police and who is authorised in writing by the Commissioner of Police for the purposes of this paragraph", substitute "a person authorised to be a certifying officer of the Australian Federal Police under subsection 5AC(1)".
2 Subsection 5(1) (subparagraph (aa)(iii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(iii) a person authorised to be a certifying officer of ACLEI under subsection 5AC(2); or
3 Subsection 5(1) (subparagraph (b)(ii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(ii) a person authorised to be a certifying officer of the ACC under subsection 5AC(3); or
4 Subsection 5(1) (paragraph (c) of the definition of certifying officer )
Omit "a senior executive AFP employee who is a member of the Australian Federal Police, and who is authorised in writing by the Commissioner for the purposes of this paragraph", substitute "a person authorised to be a certifying officer of the Police Force of the State under subsection 5AC(4)".
5 Subsection 5(1) (subparagraph (d)(ii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(ii) a person authorised to be a certifying officer of the Crime Commission under subsection 5AC(5); or
6 Subsection 5(1) (subparagraph (e)(ii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(ii) a person authorised to be a certifying officer of the Independent Commission Against Corruption under subsection 5AC(6); or
7 Subsection 5(1) (subparagraphs (ea)(ii) and (iii) of the definition of certifying officer )
Repeal the subparagraphs, substitute:
(ii) a person authorised to be a certifying officer of the Office of Police Integrity under subsection 5AC(7); or
8 Subsection 5(1) (subparagraph (g)(iii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(iii) a person authorised to be a certifying officer of the Police Integrity Commission under subsection 5AC(8); or
9 Subsection 5(1) (subparagraph (i)(ii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(ii) a person authorised to be a certifying officer of the Corruption and Crime Commission under subsection 5AC(9); or
10 Subsection 5(1) (subparagraph (j)(ii) of the definition of certifying officer )
Repeal the subparagraph, substitute:
(ii) a person authorised to be a certifying officer of the agency under subsection 5AC(10).
11 Subsection 5(1) (paragraph (c) of the definition of certifying person )
Repeal the paragraph, substitute:
(c) a person authorised to be a certifying person of the Organisation under section 5AD.
12 Subsection 5(1) (definition of Director, Police Integrity )
Omit "Regulation", substitute "Integrity".
13 Subsection 5(1) (paragraph (b) of the definition of member of the staff of a Commonwealth Royal Commission )
Repeal the paragraph, substitute:
(b) a person authorised to be a member of the staff of a Commonwealth Royal Commission for the purposes of this Act under section 5AE.
14 Subsection 5(1) (definition of member of the staff of the Office of Police Integrity )
Omit "Regulation", substitute "Integrity".
15 Subsection 5(1) (definition of Office of Police Integrity )
Omit "Regulation", substitute "Integrity".
16 Subsection 5(1) (subparagraph (eb)(ii) of the definition of officer )
Omit "paragraph 102E(1)(b) of the Police Regulation Act", substitute "paragraph 17(1)(b) of the Police Integrity Act".
17 Subsection 5(1) (paragraph (f) of the definition of permitted purpose )
Omit "Regulation" (wherever occurring), substitute "Integrity".
18 Subsection 5(1)
Insert:
" Police Integrity Act" means the Police Integrity Act 2008 of Victoria.
19 Subsection 5(1) (definition of Police Regulation Act )
Repeal the definition.
20 Subsection 5(1) (paragraph (cb) of the definition of prescribed investigation )
Omit "Regulation", substitute "Integrity".
21 After section 5AB
Insert:
5AC Authorisation of certifying officers
(1) The Commissioner of Police may authorise, in writing, a senior executive AFP employee who is a member of the Australian Federal Police to be a certifying officer of the Australian Federal Police.
(2) The Integrity Commissioner may authorise, in writing, a staff member of ACLEI who is an SES employee to be a certifying officer of ACLEI.
(3) The Chief Executive Officer of the ACC may authorise, in writing, a member of the staff of the ACC who is an SES employee or acting SES employee to be a certifying officer of the ACC.
(4) The Commissioner of a Police Force of a State may authorise, in writing, a senior executive AFP employee who is a member of the Australian Federal Police to be a certifying officer of the Police Force of the State.
(5) The Commissioner of the Crime Commission may authorise, in writing, a member of the staff of the Crime Commission who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be a certifying officer of the Crime Commission.
(6) The Commissioner of the Independent Commission Against Corruption may authorise, in writing, an officer of the Independent Commission Against Corruption who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be a certifying officer of the Independent Commission Against Corruption.
(7) The Director, Police Integrity may authorise, in writing, a member of the staff of the Office of Police Integrity who occupies an office or position at an equivalent level to that of an executive within the meaning of the Public Administration Act 2004 of Victoria to be a certifying officer of the Office of Police Integrity.
(8) The Commissioner of the Police Integrity Commission may authorise, in writing, a member of the staff of the Police Integrity Commission who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Employment and Management Act 2002 of New South Wales to be a certifying officer of the Police Integrity Commission.
(9) The Commissioner of the Corruption and Crime Commission may authorise, in writing, an officer of the Corruption and Crime Commission who occupies an office or position at an equivalent level to that of a senior executive officer within the meaning of the Public Sector Management Act 1994 of Western Australia to be a certifying officer of the Corruption and Crime Commission.
(10) The chief executive officer of any other agency may authorise, in writing, an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency which is involved in the management of the agency to be a certifying officer of the agency.
5AD Authorisation of certifying person
The Director‑General of Security may authorise, in writing, a senior officer of the Organisation (within the meaning of section 24 of the Australian Security Intelligence Organisation Act 1979 ) to be a certifying person.
5AE Authorisation of members of the staff of a Commonwealth Royal Commission
A sole Commissioner or a member of a Commonwealth Royal Commission may authorise, in writing, a person assisting the Commission to be a member of the staff of the Commission for the purposes of this Act.
22 Subparagraph 39(2)(ea)(ii)
Omit "paragraph 102E(1)(b) of the Police Regulation Act", substitute "paragraph 17(1)(b) of the Police Integrity Act".
23 Section 97
Omit "45, 45A,".
24 Paragraph 123(2)(b)
Omit "certifying person", substitute "certifying officer".
25 Transitional provision--certifying officers
(1) This item applies to an authorisation in force, immediately before the commencement of this item, under one of the following provisions of the definition of certifying officer in relation to an agency, or an eligible authority of a State, in subsection 5(1) of the Telecommunications (Interception and Access) Act 1979 (as in force at that time):
(a) paragraph (a);
(b) subparagraph (aa)(iii);
(c) subparagraph (b)(ii);
(d) paragraph (c);
(e) subparagraph (d)(ii);
(f) subparagraph (e)(ii);
(g) subparagraph (ea)(ii) or (iii);
(h) subparagraph (g)(iii);
(i) subparagraph (i)(ii);
(j) subparagraph (j)(ii).
(2) The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under:
(a) in the case of an authorisation under paragraph (a) of the definition of certifying officer --subsection 5AC(1) of that Act (as inserted by item 21 of this Schedule); or
(b) in the case of an authorisation under subparagraph (aa)(iii) of the definition of certifying officer --subsection 5AC(2) of that Act (as inserted by item 21 of this Schedule); or
(c) in the case of an authorisation under subparagraph (b)(ii) of the definition of certifying officer --subsection 5AC(3) of that Act (as inserted by item 21 of this Schedule); or
(d) in the case of an authorisation under paragraph (c) of the definition of certifying officer --subsection 5AC(4) of that Act (as inserted by item 21 of this Schedule); or
(e) in the case of an authorisation under subparagraph (d)(ii) of the definition of certifying officer --subsection 5AC(5) of that Act (as inserted by item 21 of this Schedule); or
(f) in the case of an authorisation under subparagraph (e)(ii) of the definition of certifying officer --subsection 5AC(6) of that Act (as inserted by item 21 of this Schedule); or
(g) in the case of an authorisation under subparagraph (ea)(ii) or (iii) of the definition of certifying officer --subsection 5AC(7) of that Act (as inserted by item 21 of this Schedule); or
(h) in the case of an authorisation under subparagraph (g)(iii) of the definition of certifying officer --subsection 5AC(8) of that Act (as inserted by item 21 of this Schedule); or
(i) in the case of an authorisation under subparagraph (i)(ii) of the definition of certifying officer --subsection 5AC(9) of that Act (as inserted by item 21 of this Schedule); or
(j) in the case of an authorisation under subparagraph (j)(ii) of the definition of certifying officer --subsection 5AC(10) of that Act (as inserted by item 21 of this Schedule).
(3) To avoid doubt, the amendments made by 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.
26 Transitional provision--certifying person
(1) This item applies to an authorisation in force, immediately before the commencement of this item, under paragraph (c) of the definition of certifying person in subsection 5(1) of the Telecommunications (Interception and Access) Act 1979 (as in force at that time).
(2) The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under section 5AD of that Act (as inserted by item 21 of this Schedule).
(3) To avoid doubt, the amendments made by 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.
27 Transitional provision--member of the staff of a Commonwealth Royal Commission
(1) This item applies to an authorisation in force, immediately before the commencement of this item, under paragraph (b) of the definition of member of the staff of a Commonwealth Royal Commission in subsection 5(1) of the Telecommunications (Interception and Access) Act 1979 (as in force at that time).
(2) The authorisation has effect, on and after the commencement of this item, as if it were an authorisation in force under section 5AE of that Act (as inserted by item 21 of this Schedule).
(3) To avoid doubt, the amendments made by 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 25 June 2008
Senate on 28 August 2008 ]
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(145/08) |