Part 1—Amendments
Australian Security Intelligence Organisation Act 1979
1 Paragraph 17(1)(e)
After "11A", insert ", 11B or 11C".
Telecommunications (Interception) Act 1979
2 Subsection 5(1) (paragraph (c)
of the definition of certifying officer )
Omit "or an", substitute ", an".
3
Subsection 5(1) (at the end of paragraph (c) of the definition of certifying
officer )
Add ", or 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".
4 Subsection 5(1)
Insert:
certifying person means any of the following:
- (a)
- the Director-General of Security;
- (b)
- a Deputy Director-General of Security;
- (c)
- a senior officer of the Organisation (within the meaning of section 24 of
the Australian Security Intelligence Organisation Act 1979 ) who is authorised
in writing by the Director-General of Security for the purposes of subsections
15(1A) and (1B).
5 Subsection 5(1)
Insert: foreign intelligence information means
information obtained (whether before or after the commencement of this
definition) under a warrant issued under section 11A, 11B or 11C.
6 Subsection 5(1) (definition of renewal )
After "telecommunications
service", insert "or person".
7 Subsection 5(1) (paragraph (a) of the
definition of renewal )
After "service", insert "or person".
8 Subsection
5(1) (definition of renewal application )
After "telecommunications service",
insert "or person".
9 Subsection 5(1) (definition of renewal application )
After "that service", insert "or person".
10 Subsection 5(1) (definition of
restricted record )
After "a record", insert "other than a copy, that was".
11 Subsection 5(1) (definition of section 11A information )
Repeal the
definition.
12 At the end of section 5B (before the note)
Add:
; or (n) a proceeding by way of a review of a decision to grant such a bail
application.
13 Section 5B (note)
Omit "and (m)", substitute ", (m) and (n)".
14 Section
6H
Omit "in respect of a telecommunications service".
15 Section 6H
Omit
"or 46(1)(c) and (d)", substitute ", 45A(c) and (d), 46(1)(c) and (d) or
46A(1)(c) and (d)".
16 At the end of Part IA
Add: 6P Identification of
service
For the purposes of this Act, a service may be identified by:
- (a)
- a number assigned to it from time to time; or
- (b)
- by any other unique identifying factor.
17 Paragraph 10(1)(a)
After "telecommunications service", insert "or under
section 9A in respect of a person".
18 Paragraph 10(1)(b)
After
"telecommunications service", insert "or under section 9A in respect of a
person (as the case requires)".
19 Paragraph 10(1)(c)
After
"telecommunications service", insert "or person (as the case requires)".
20
Subparagraph 10(1)(d)(ii)
Omit "by the Organisation of communications made to
or from the telecommunications service", substitute "to which the request
relates".
21 Subsection 10(1)
After "service" (last occurring), insert ", or
communications of that person (as the case requires),".
22 Subsection 12(1)
Omit "relevant", substitute "Part III".
23 Subsection 12(2)
Repeal the
subsection.
24 Section 13
Omit "warrant under section 9, 10 or 11A",
substitute "Part III warrant".
25 Paragraph 14(a)
Omit "warrant issued under
section 9, 10 or 11A", substitute "Part III warrant".
26 Subsection 15(1)
Omit all the words from and including "a warrant under section 9" to and
including "such a warrant", insert "or revokes a Part III warrant".
27
Paragraph 15(1A)(d)
Omit "the Director-General, or a Deputy Director-General
of Security,", substitute "a certifying person".
28 Paragraph 15(1B)(d)
Omit
"the Director-General, or a Deputy Director-General of Security,", substitute
"a certifying person".
29 Subparagraph 35(2)(b)(ii)
Omit "; and", substitute
".".
30 Paragraph 35(2)(c)
Repeal the paragraph.
31 Section 47
Omit
"warrant under section 45 or 46", substitute "Part VI warrant".
- Note: The
heading to section 47 is altered by omitting " under section 45 or 46 ".
32 Paragraph 48(3)(c)
Omit "or 46", substitute ", 45A, 46 or 46A".
33
Subsection 49(5)
After "service", insert ", or a person,".
34 Subsection
49(7)
Omit "or 46(1)(d)", substitute ", 45A(d), 46(1)(d) or 46A(1)(d)".
35
At the end of section 52
Add:
- (3)
- Where:
- (a)
- a warrant has been issued to an agency (the first agency ); and
- (b)
- another agency (the second agency ) is exercising authority under that
warrant; and
- (c)
- the warrant is revoked under subsection (1);
the chief officer of the first agency must cause:
- (d)
- the chief officer of the second agency to be informed forthwith of the
revocation; and
- (e)
- a copy of the instrument of revocation to be given as soon as practicable
to the chief officer of the second agency.
36 Paragraph 53(1)(c)
Repeal the paragraph.
37 Paragraph 53(1)(d)
Omit
"warrant issued under section 45 or 46", substitute "Part VI warrant".
38
Subsection 54(1)
Omit "warrant under section 45 or 46", substitute "Part VI
warrant".
39 Subsection 54(2)
Repeal the subsection.
40 Subsection 55(1)
Omit "warrant issued to an agency under section 45 or 46", substitute "Part VI
warrant".
41 Subsection 55(1)
Omit "the agency", substitute "an agency".
42
Subsection 55(2)
Repeal the subsection.
43 Subsection 55(3)
Repeal the
subsection, substitute:
- (3)
- The chief officer of an agency, or an officer of
an agency in relation to whom an appointment under subsection (4) is in force,
may approve any of the following to exercise the authority conferred by
warrants, or classes of warrants, issued to the agency:
- (a)
- officers or staff members of the agency;
- (b)
- classes of officers or staff members of the agency;
- (c)
- officers or staff members of another agency;
- (d)
- classes of officers or staff members of another agency.
44 Subsection 56(1)
After "necessary", insert "(including informing the chief
officer of any other agency that is exercising authority under the warrant of
the proposed revocation)".
45 At the end of subsection 56(2)
Add "after
causing the chief officer of any other agency that is exercising authority
under the warrant to be informed forthwith that the certifying officer
proposes to revoke the warrant".
46 After paragraph 57(1)(a)
Insert:
- (aa)
- cause the chief officer of any other agency that is exercising authority under
the warrant to be informed forthwith of the proposed revocation of the
warrant; and
47 Subsection 57(2)
Omit "after causing the Commissioner of Police to be
informed of the proposed revocation", substitute: after:
- (a)
- causing the Commissioner of Police to be informed of the proposed
revocation; and
- (b)
- causing the chief officer of any other agency that is exercising authority
under the warrant to be informed forthwith that the chief officer proposes to
revoke the warrant.
48 After paragraph 57(3)(a)
Insert:
- (aa)
- the chief officer of any other
agency that is exercising authority under the warrant to be informed forthwith
of the revocation; and
49 At the end of section 58
Add:
- (2)
- If the chief officer of an agency is
informed under subsection 56(2) or section 57 of the revocation or proposed
revocation of a warrant, the chief officer of the agency shall forthwith take
such steps as are necessary to ensure that interceptions of communications
under the warrant by the agency are discontinued.
50 Subsection 61(3)
Omit "warrant issued under section 45 or 46", substitute
"Part VI warrant".
51 Paragraph 61(4)(a)
Omit "warrant issued to the agency
under section 45, 46 or 48", substitute "Part VI warrant".
52 Subsections
64(1) and (2)
Omit "section 11A information", substitute "foreign
intelligence information".
53 Subsection 65(1)
Omit "(c)", substitute "(b)".
54 Subsection 65(2)
Omit "section 11A information", substitute "foreign
intelligence information".
55 Paragraphs 65A(a) and 67(a)
Omit "section 11A
information", substitute "foreign intelligence information".
56 Subsection
74(1)
Omit "section 11A information", substitute "foreign intelligence
information".
57 Subsection 75(1)
After "11A", insert ", 11B or 11C".
58
After section 75
Insert: 75A Evidence that has been given in exempt
proceeding
If information is given in evidence (whether before or after the commencement
of this section) in an exempt proceeding under section 74 or 75, that
information, or any part of that information, may later be given in evidence
in any proceeding.
- Note: This section was inserted as a response to the decision of the Court of
Appeal of New South Wales in Wood v Beves (1997) 92 A Crim R 209.
59 Paragraphs 77(1)(a) and 77(1)(b)
After "75," insert "75A,".
60 Subsection
77(2)
After "11A", insert ", 11B or 11C".
61 Subsection 77(2)
Omit "or 74",
substitute ", 74 or 75A".
62 Subsections 77(3) and (4)
After "74," insert
"75A,".
63 Paragraph 80(1)(d)
Omit "warrant issued to another agency under
section 45 or 46", substitute "Part VI warrant issued to another agency".
64
Paragraph 80(1)(da)
Repeal the paragraph.
65 At the end of paragraphs
81(1)(a), (b), (e) and (f)
Add "and".
66 Subsection 81A(2)
Omit "warrant
issued under section 45, 46 or 48", substitute "Part VI warrant".
67
Paragraph 81A(2)(g)
Omit "or 46(1)(d)", substitute ", 45A(1)(d), 46(1)(d) or
46A(1)(d)".
68 Paragraph 81C(2)(g)
Omit "or paragraph 46(1)(d)", substitute
", paragraph 45A(1)(d), 46(1)(d) or 46A(1)(d)".
69 Paragraphs 81C(3)(a) and
(4)(a)
Omit "warrant was issued under section 45, 46 or 48", substitute "Part
VI warrant".
70 Section 97
Omit "or 46", substitute ", 45A, 46 or 46A".
71
After paragraph 103(ab)
Insert:
- (ac)
- for:
- (i)
- each Commonwealth agency; and
- (ii)
- each eligible authority of a State, where the eligible authority was an
agency at any time during the year to which the report relates;
the number (if any) of interceptions carried out on behalf of each other such
Commonwealth agency or eligible authority; and
Part 2—Transitional provisions
72 Transitional provision for operation of section 55 of the
Telecommunications (Interception) Act 1979
If:
- (a)
- before the commencement
of items 40, 41 and 42, a member of the Australian Federal Police was
exercising authority conferred by a warrant issued under section 48 of the
Telecommunications (Interception) Act 1979 ; and
- (b)
- on the commencement of those items the warrant has not expired or been
revoked; and
- (c)
- the authority conferred by the warrant is exercised after the commencement
of those items;
then, despite the amendments made by those items, the authority conferred by
the warrant must continue to be exercised as if those amendments had not been
made.
[ Minister's second reading speech made in—
House of
Representatives on 16 February 2000
Senate on 13 March 2000 ]
(15/00)
Commonwealth Numbered Acts