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This is a Bill, not an Act. For current law, see the Acts databases.
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Telecommunications (Interception and Access) (New South Wales) Act 1987 to harmonise its provisions with those of the Telecommunications (Interception and Access) Act 1979 of the Commonwealth; and for other purposes.
Telecommunications (Interception and Access) (New South Wales) Clause 1 Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Telecommunications (Interception and Access) (New 3 South Wales) Amendment Act 2008. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of Telecommunications (Interception and Access) (New 7 South Wales) Act 1987 No 290 8 The Telecommunications (Interception and Access) (New South Wales) 9 Act 1987 is amended as set out in Schedule 1. 10 4 Repeal of Act 11 (1) This Act is repealed on the day following the day on which this Act 12 commences. 13 (2) The repeal of this Act does not, because of the operation of section 30 14 of the Interpretation Act 1987, affect any amendment made by this Act. 15 Page 2
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 3 Definitions 3 Omit paragraph (b) of the definition of certifying officer in section 3 (1). 4 Insert instead: 5 (b) in the case of the New South Wales Crime Commission: 6 (i) a member of that Commission, or 7 (ii) a member of the staff of that Commission who is 8 authorised to be a certifying officer of the 9 Commission under section 5AC (5) of the 10 Commonwealth Act, or 11 [2] Section 3 (1), definition of "eligible authority" 12 Insert at the end of paragraph (e) of the definition: 13 , or 14 (f) the Inspector of the Independent Commission Against 15 Corruption, or 16 (g) the Inspector of the Police Integrity Commission. 17 [3] Section 3 (1), definition of "officer" 18 Omit "Police Service Act 1990" from paragraph (d). 19 Insert instead "Police Integrity Commission Act 1996". 20 [4] Section 3 (1), definition of "Part 2-5 warrant" 21 Omit the definition of Part VI warrant. Insert instead: 22 Part 2-5 warrant means a warrant issued or to be issued under 23 Part 2-5 of the Commonwealth Act. 24 [5] Section 3 (1), definition of "permitted purpose" 25 Omit the definition. Insert instead: 26 permitted purpose, in relation to an eligible authority, means: 27 (a) in any case: 28 (i) an investigation by the authority of a prescribed 29 offence within the meaning of the Commonwealth 30 Act, or 31 (ii) the making by an authority, body or person of a 32 decision whether or not to begin a relevant 33 proceeding in relation to the authority, or 34 Page 3
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Schedule 1 Amendments (iii)a relevant proceeding in relation to the authority, or 1 (iv) the exercise by the chief officer of the authority of 2 the powers conferred by section 68 of the 3 Commonwealth Act, or 4 (v) an inspection of the authority's records that is made 5 under section 10, or 6 (vi) a report on such an inspection, or 7 (vii) the keeping of records by the authority under 8 sections 4 and 5, or 9 (b) in the case of the Police Force: 10 (i) an investigation of, or an inquiry into, alleged 11 misbehaviour, or alleged improper conduct, of an 12 officer of the State of New South Wales, being an 13 investigation or inquiry under a law of this State or 14 by a person in the person's capacity as an officer of 15 this State, or 16 (ii) a report on such an investigation or inquiry, or 17 (iii) the making by a person of a decision in relation to 18 the appointment, re-appointment, term of 19 appointment, retirement or termination of 20 appointment of an officer or member of staff of the 21 Police Force, or 22 (iv) a review (whether by way of appeal or otherwise) of 23 such a decision, or 24 (v) the tendering to the Governor of advice to terminate, 25 because of misbehaviour or improper conduct, the 26 appointment of an officer of this State, or 27 (vi) deliberations of the Executive Council in 28 connection with advice to the Governor to 29 terminate, because of misbehaviour or improper 30 conduct, the appointment of an officer of this State, 31 or 32 (c) in the case of the Independent Commission Against 33 Corruption: 34 (i) an investigation under the Independent Commission 35 Against Corruption Act 1988 into whether corrupt 36 conduct (within the meaning of that Act) may have 37 occurred, may be occurring or may be about to 38 occur, or 39 (ii) a report on such an investigation, or 40 Page 4
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Amendments Schedule 1 (d) in the case of the Inspector of the Independent 1 Commission Against Corruption: 2 (i) dealing with (by reports and recommendations) 3 complaints of abuse of power, impropriety or other 4 forms of misconduct (within the meaning of the 5 Independent Commission Against Corruption Act 6 1988) on the part of the Independent Commission 7 Against Corruption or officers of that Commission, 8 or 9 (ii) dealing with (by reports and recommendations) 10 conduct amounting to maladministration (within the 11 meaning of the Independent Commission Against 12 Corruption Act 1988) by the Independent 13 Commission Against Corruption or officers of that 14 Commission, or 15 (e) in the case of the Inspector of the Police Integrity 16 Commission--dealing with (by reports and 17 recommendations) complaints of abuse of power, 18 impropriety or other forms of misconduct (within the 19 meaning of the Police Integrity Commission Act 1996) on 20 the part of the Police Integrity Commission or officers of 21 that Commission, or 22 (f) in the case of the Police Integrity Commission: 23 (i) an investigation under the Police Integrity 24 Commission Act 1996 of police misconduct of an 25 officer of the Police Force, or 26 (ii) a report on such an investigation, or 27 (iii) the tendering to the Governor of advice to terminate, 28 because of misbehaviour or improper conduct, the 29 appointment of the Commissioner of Police, or 30 (iv) deliberations of the Executive Council in 31 connection with advice to the Governor to 32 terminate, because of misbehaviour or improper 33 conduct, the appointment of the Commissioner of 34 Police. 35 [6] Section 3A 36 Insert after section 3: 37 3A Information or question relevant to inspection by Ombudsman 38 (1) For the purposes of this Act, information or a question is relevant 39 to an inspection of an eligible authority's records under Part 3 if 40 the information or question is about: 41 Page 5
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Schedule 1 Amendments (a) the location of any of those records, or 1 (b) the making, compilation or keeping of any of those 2 records, or 3 (c) the accuracy or completeness of any of those records, or 4 (d) any matter to which any of those records relates, or 5 (e) in the case where the Ombudsman suspects on reasonable 6 grounds that an officer of the authority has contravened 7 this Act or the Commonwealth Act--any matter relating to 8 the suspected contravention. 9 (2) Nothing in subsection (1) limits the generality of a reference in 10 this Act to information, or to a question, that is relevant to an 11 inspection of an eligible authority's records. 12 [7] Section 4 Eligible authority to keep documents connected with issue of 13 warrants 14 Omit section 4 (a). Insert instead: 15 (a) each warrant issued to the authority (or a copy of any such 16 warrant that is certified in writing by a certifying officer of 17 the authority to be a true copy of the warrant), 18 [8] Section 4 (b) 19 Omit "section 53 (1) (b)". Insert instead "section 59A (2)". 20 [9] Section 5 Other records to be kept by an eligible authority in connection 21 with interceptions 22 Omit "Part VI" wherever occurring in section 5 (1). Insert instead "Part 2-5". 23 [10] Section 5 (1) (b1) 24 Insert after section 5 (1) (b): 25 (b1) in relation to each Part 2-5 warrant whose authority is 26 exercised by the eligible authority, particulars of: 27 (i) the warrant, and 28 (ii) the day on which, and the time at which, each 29 interception under the warrant began, and 30 (iii) the duration of each such interception, and 31 (iv) the name of the person who carried out each such 32 interception, and 33 (v) in relation to a named person warrant--each service 34 to or from which communications have been 35 intercepted under the warrant, 36 Page 6
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Amendments Schedule 1 [11] Section 5 (1) 1 Insert "or by means of a computer" after "in writing". 2 [12] Section 5 (1A) 3 Insert after section 5 (1): 4 (1A) If a Part 2-5 warrant is a named person warrant, the particulars 5 referred to in subsection (1) (b1) (ii) must indicate the service in 6 respect of which each interception occurred. 7 [13] Section 6 Documents to be given by an eligible authority to the Minister 8 Omit section 6 (a). 9 [14] Section 6 (c) 10 Omit "Part IX". Insert instead "Part 2-8". 11 [15] Section 7 12 Omit the section. Insert instead: 13 7 Documents to be given by State Minister to Commonwealth 14 Minister 15 The Minister is to give the Minister administering the 16 Commonwealth Act a report of a kind referred to in section 6 (b) 17 or (c) as soon as practicable after the report is given to the 18 Minister. 19 [16] Section 19A 20 Insert after section 19: 21 19A Exchange of information between Ombudsman and 22 Commonwealth Ombudsman 23 (1) The Ombudsman may enter into an arrangement (an information 24 sharing arrangement) with the Commonwealth Ombudsman for 25 the purpose of sharing or exchanging information held by the 26 Ombudsman and the Commonwealth Ombudsman. 27 (2) The information to which an information sharing arrangement 28 may relate is limited to the following: 29 (a) information concerning eligible authorities, 30 (b) any other information relevant to the exercise of the 31 respective functions of the Ombudsman and 32 Commonwealth Ombudsman under this Act and the 33 Commonwealth Act. 34 Page 7
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Schedule 1 Amendments (3) Under an information sharing arrangement, the Ombudsman and 1 the Commonwealth Ombudsman are, despite any other Act or 2 other law of the State, authorised: 3 (a) to request and receive information held by the other party 4 to the arrangement, and 5 (b) to disclose information to the other party, 6 but only to the extent that the information is reasonably necessary 7 to assist in the exercise of functions of the Ombudsman under this 8 Act or the functions of the Commonwealth Ombudsman under 9 the Commonwealth Act. 10 (4) This section does not limit the operation of any Act under which 11 the Ombudsman or the Commonwealth Ombudsman is 12 authorised or required to disclose information to another person 13 or body. 14 (5) In this section: 15 Commonwealth Ombudsman means the Commonwealth 16 Ombudsman appointed under the Ombudsman Act 1976 of the 17 Commonwealth. 18 [17] Section 25 and Schedule 1 19 Insert after section 24: 20 25 Savings, transitional and other provisions 21 Schedule 1 has effect. 22 Schedule 1 Savings, transitional and other 23 provisions 24 (Section 25) 25 Part 1 General 26 1 Regulations 27 (1) The regulations may contain provisions of a savings or 28 transitional nature consequent on the enactment of the following 29 Acts: 30 Telecommunications (Interception and Access) (New South 31 Wales) Amendment Act 2008 32 (2) Any such provision may, if the regulations so provide, take effect 33 from the date of assent to the Act concerned or a later date. 34 Page 8
Telecommunications (Interception and Access) (New South Wales) Amendment Bill 2008 Amendments Schedule 1 (3) To the extent to which any such provision takes effect from a date 1 that is earlier than the date of its publication in the Gazette, the 2 provision does not operate so as: 3 (a) to affect, in a manner prejudicial to any person (other than 4 the State or an authority of the State), the rights of that 5 person existing before the date of its publication, or 6 (b) to impose liabilities on any person (other than the State or 7 an authority of the State) in respect of anything done or 8 omitted to be done before the date of its publication. 9 Part 2 Provisions consequent on enactment of 10 Telecommunications (Interception and 11 Access) (New South Wales) Amendment 12 Act 2008 13 2 Definition 14 In this Part: 15 amending Act means the Telecommunications (Interception and 16 Access) (New South Wales) Amendment Act 2008. 17 3 Application of amendments 18 (1) Section 3A (as inserted by the amending Act) extends to the 19 inspection of the records of an eligible authority even if the 20 records were made (or required to be made) before the 21 commencement of the section. 22 (2) Section 7 (as in force immediately before its substitution by the 23 amending Act) continues to have effect in relation to documents 24 given to the Minister before that substitution. 25 Page 9
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