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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Communications Interception
Legislation Amendment (Ombudsman
Oversight) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Listening Devices Act 1984 No 69 2
4 Amendment of Telecommunications (Interception) (New
South Wales) Act 1987 No 290 2
Schedules
1 Amendment of Listening Devices Act 1984 3
2 Amendment of Telecommunications (Interception) (New
South Wales) Act 1987 6
b02-400-p03.846
New South Wales
Communications Interception
Legislation Amendment (Ombudsman
Oversight) Bill 2002
No , 2002
A Bill for
An Act to amend the Listening Devices Act 1984 and the Telecommunications
(Interception) (New South Wales) Act 1987 to confer powers on the Ombudsman
with respect to the oversight of requirements relating to listening devices and with
respect to reporting to Parliament; and for other purposes.
Clause 1 Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Communications Interception Legislation Amendment 3
(Ombudsman Oversight) Act 2002. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Listening Devices Act 1984 No 69 7
The Listening Devices Act 1984 is amended as set out in Schedule 1. 8
4 Amendment of Telecommunications (Interception) (New South Wales) 9
Act 1987 No 290 10
The Telecommunications (Interception) (New South Wales) Act 1987 11
is amended as set out in Schedule 2. 12
Page 2
Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
Amendment of Listening Devices Act 1984 Schedule 1
Schedule 1 Amendment of Listening Devices Act 1984 1
(Section 3) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
Ombudsman means the Ombudsman holding office under the 5
Ombudsman Act 1974. 6
Presiding Officer, in relation to a House of Parliament, means 7
the President of the Legislative Council or the Speaker of the 8
Legislative Assembly. 9
[2] Section 5 Prohibition on use of listening devices 10
Insert "and the Ombudsman" after "Attorney General" in section 5 (4) (b). 11
[3] Section 19 Reports 12
Omit "and to the Attorney General" from section 19 (1) and (4). 13
Insert instead ", the Attorney General and the Ombudsman". 14
[4] Part 4A 15
Insert after Part 4: 16
Part 4A Functions of the Ombudsman 17
21A Monitoring of operation of Act 18
The Ombudsman may, on the basis of reports provided to the 19
Ombudsman under this Act, monitor the use and retrieval of 20
listening devices, and the use made of any evidence or 21
information obtained by the use of listening devices, under this 22
Act. 23
Page 3
Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
Schedule 1 Amendment of Listening Devices Act 1984
21B Reports by Ombudsman 1
(1) The Ombudsman may at any time prepare a report on any 2
findings of the Ombudsman arising from the exercise of his or 3
her functions under section 21A. 4
(2) The Ombudsman may identify, and include recommendations 5
in the report about, amendments that might appropriately be 6
made to this Act. 7
(3) The Ombudsman may furnish the report to the Attorney 8
General or to the Presiding Officer of each House of 9
Parliament (or to both the Attorney General and to the 10
Presiding Officer of each House). 11
(4) The Ombudsman may include in the report a recommendation 12
that the report be made public as soon as practicable. 13
21C Ancillary matters concerning reports 14
(1) A report prepared under this Part must not include any 15
information that, if made public, could reasonably be expected: 16
(a) to endanger the health or safety of any person, or 17
(b) to disclose the methodology used in any investigation 18
that is being, or has been or is proposed to be conducted 19
by a person into the commission or suspected 20
commission of an offence, or 21
(c) to prejudice any investigation that is being or is 22
proposed to be conducted by a person into the 23
commission or suspected commission of an offence, or 24
(d) to prejudice any legal proceedings arising from any such 25
investigation. 26
(2) Section 31AA of the Ombudsman Act 1974 applies to a report 27
prepared under this Part in the same way as it applies to an 28
annual report prepared under section 30 of that Act. 29
Page 4
Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
Amendment of Listening Devices Act 1984 Schedule 1
[5] Schedule 1 Savings and transitional provisions 1
Insert at the end of the Schedule: 2
9 Application of amendments made by Communications 3
Interception Legislation Amendment (Ombudsman Oversight) 4
Act 2002 5
(1) In this clause: 6
the amending Act means the Communications Interception 7
Legislation Amendment (Ombudsman Oversight) Act 2002. 8
(2) Schedule 1 [2] to the amending Act applies only to the use of 9
a listening device after the commencement of that Schedule. 10
(3) Schedule 1 [3] to the amending Act applies only to a warrant 11
granted, or an order made, after the commencement of that 12
Schedule. 13
Page 5
Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
Schedule 2 Amendment of Telecommunications (Interception) (New South Wales)
Act 1987
Schedule 2 Amendment of Telecommunications 1
(Interception) (New South Wales) Act 1987 2
(Section 4) 3
[1] Section 11 Reports 4
Insert after section 11 (3): 5
(4) The Ombudsman may furnish a report under subsection (1) or 6
(2) to the Presiding Officer of each House of Parliament. 7
(5) The Ombudsman may include in the report a recommendation 8
that the report be made public as soon as practicable. 9
(6) In this section: 10
Presiding Officer, in relation to a House of Parliament, means 11
the President of the Legislative Council or the Speaker of the 12
Legislative Assembly. 13
[2] Section 12A 14
Insert after section 12: 15
12A Ancillary matters concerning reports 16
(1) A report prepared under this Part must not include any 17
information that, if made public, could reasonably be expected: 18
(a) to endanger the health or safety of any person, or 19
(b) to disclose the methodology used in any investigation 20
that is being, or has been or is proposed to be conducted 21
by an eligible authority, or 22
(c) to prejudice any investigation that is being or is 23
proposed to be conducted by an eligible authority, or 24
(d) to prejudice any legal proceedings arising from any such 25
investigation. 26
Page 6
Communications Interception Legislation Amendment (Ombudsman
Oversight) Bill 2002
Amendment of Telecommunications (Interception) (New South Wales) Schedule 2
Act 1987
(2) Section 31AA of the Ombudsman Act 1974 applies to a report 1
prepared under this Part in the same way as it applies to an 2
annual report prepared under section 30 of that Act. 3
Page 7
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