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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Terrorism and Organised
Crime Surveillance Bill 2004
Queensland
Terrorism and Organised Crime
Surveillance Bill 2004
Contents
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Functions of eligible authority
6 Eligible authority to keep documents connected
with issue of warrants . . . . . . . . . . . . . . . . . . . . 5
7 Other records to be kept by an eligible authority
in connection with interceptions ......... 5
8 Documents to be given by an eligible authority
to the Minister . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Documents to be given by State Minister to
Commonwealth Minister . . . . . . . . . . . . . . . . . . 8
10 Keeping and destruction of restricted records . . 8
Part 3 Functions and powers of principal
inspector
11 General functions and powers . . . . . . . . . . . . . . 9
12 Regular inspections of an eligible authority's
records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Principal inspector may report on breaches . . . 10
15 Principal inspector's general powers for
inspections .......................... 11
2
Terrorism and Organised Crime Surveillance
Bill 2004
16 Power to obtain relevant information . . . . . . . . . 11
17 Principal inspector to be given information and
access despite other laws . . . . . . . . . . . . . . . . . 12
18 Dealing with information for inspection and report 13
19 Inspecting officer not to be sued . . . . . . . . . . . . 14
20 Delegation by principal inspector . . . . . . . . . . . . 14
21 Confidentiality provisions relating to inspecting
officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Exchange of information between principal inspector
and Commonwealth ombudsman . . . . . . . . . . . 16
Part 4 Miscellaneous
23 Copies of reports for Commonwealth Minister. . 16
24 General confidentiality provision . . . . . . . . . . . . 16
25 Offences relating to inspections under pt 3 . . . . 17
26 Proceeding for offence . . . . . . . . . . . . . . . . . . . . 18
27 Regulation-making power . . . . . . . . . . . . . . . . . 18
28 Attachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Attachment Extracts from the Commonwealth Act . . . . . 23
2004
A Bill
for
An Act to facilitate the surveillance of acts of terrorism and
organised crime by enabling participating eligible
authorities under the Telecommunications (Interception)
Act 1979 (Cwlth) to be declared agencies under that Act,
and for other purposes
s1 4 s5
Terrorism and Organised Crime Surveillance
Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Terrorism and Organised Crime 4
Surveillance Act 2004. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Objective 8
The main objective of this Act is to establish a recording, 9
reporting and inspection regime to complement the 10
Telecommunications (Interception) Act 1979 of the 11
Commonwealth, so that the Queensland Police Service and 12
the Crime and Misconduct Commission may use 13
telecommunications interception as a tool for the investigation 14
of particular serious offences prescribed under the 15
Commonwealth Act. 16
4 Dictionary 17
(1) The dictionary in the schedule defines particular words used 18
in this Act. 19
(2) Unless the contrary intention appears, expressions used in this 20
Act that are not defined in the dictionary have the same 21
respective meanings as in the Commonwealth Act. 22
5 Notes 23
A note in the text of this Act is part of the Act. 24
s6 5 s7
Terrorism and Organised Crime Surveillance
Bill 2004
Part 2 Functions of eligible authority 1
6 Eligible authority to keep documents connected 2
with issue of warrants 3
The chief officer of an eligible authority must cause to be kept 4
in the authority's records-- 5
(a) each warrant issued to the authority; and 6
(b) a copy of each notification under the Commonwealth 7
Act, section 53(1)(b)1 of the issue of a warrant; and 8
(c) each instrument revoking a warrant; and 9
(d) a copy of each certificate issued under the 10
Commonwealth Act, section 61(4)2 by a certifying 11
officer of the authority; and 12
(e) each authorisation by the chief officer under the 13
Commonwealth Act, section 66(2).3 14
7 Other records to be kept by an eligible authority 15
in connection with interceptions 16
(1) The chief officer of an eligible authority must cause to be 17
recorded in writing-- 18
(a) particulars of each telephone application for a part 6 19
warrant made by the authority; and 20
(b) for each application by the authority for a part 6 warrant, 21
a statement as to whether-- 22
(i) the application was withdrawn or refused; or 23
(ii) a warrant was issued on the application; and 24
(c) for each part 6 warrant whose authority is exercised by 25
the authority, particulars of-- 26
1 Commonwealth Act, section 53 (Notification to Australian Federal Police of issue of
warrants to other agencies)
2 Commonwealth Act, section 61 (Evidentiary certificates)
3 Commonwealth Act, section 66 (Interceptor may communicate to agency to which
warrant was issued)
s7 6 s7
Terrorism and Organised Crime Surveillance
Bill 2004
(i) the warrant; and 1
(ii) the day and time each interception under the 2
warrant began; and 3
(iii) how long each interception lasted; and 4
(iv) the name of the person who carried out each 5
interception; and 6
(v) for a named person warrant--each service to or 7
from which communications have been intercepted 8
under the warrant; and 9
(d) for each restricted record that has at any time been in the 10
possession of the authority, particulars of-- 11
(i) if the restricted record is a record obtained by an 12
interception under a warrant issued to the 13
authority--that warrant; and 14
(ii) each occasion when the restricted record, whether 15
by its making or otherwise, came to be in the 16
possession of the authority; and 17
(iii) each occasion, if any, when the restricted record, 18
whether by its destruction or otherwise, stopped 19
being in the possession of the authority; and 20
(iv) each agency or other body, if any, from which, or 21
other person, if any, from whom, the authority 22
received the restricted record; and 23
(v) each agency or other body, if any, to which, or 24
other person, if any, to whom, the authority 25
supplied the restricted record; and 26
(e) particulars of each use made by the authority of lawfully 27
obtained information; and 28
(f) particulars of each communication of lawfully obtained 29
information by an officer of the authority to a person or 30
body other than an officer of the authority; and 31
(g) particulars of each occasion when, to the knowledge of 32
an officer of the authority, lawfully obtained information 33
was given in evidence in a relevant proceeding in 34
relation to the authority. 35
s8 7 s8
Terrorism and Organised Crime Surveillance
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(2) The record must be made as soon as practicable after the 1
happening of the event to which the particulars relate or the 2
statement relates. 3
(3) If a part 6 warrant is a named person warrant, the particulars 4
mentioned in subsection (1)(c)(ii) must indicate the service in 5
relation to which each interception happened. 6
(4) The chief officer of an eligible authority must cause to be kept 7
in the authority's records each record that the chief officer has 8
caused to be made under this section. 9
8 Documents to be given by an eligible authority 10
to the Minister 11
(1) The chief officer of an eligible authority must give the 12
Minister-- 13
(a) a copy of-- 14
(i) each warrant issued to the authority; and 15
(ii) each instrument under the Commonwealth Act, 16
section 52 or 574 revoking a warrant issued to the 17
authority; 18
as soon as practicable after the issue or revocation of the 19
warrant; and 20
(b) within 3 months after a warrant issued to the authority 21
ceases to be in force, a written report about-- 22
(i) the use made by the authority of information 23
obtained by interceptions under the warrant; and 24
(ii) the communication of that information to persons 25
other than officers of the authority; and 26
(c) as soon as practicable, and in any event within 3 months, 27
after each 30 June, a written report that sets out the 28
information that-- 29
4 Commonwealth Act, section 52 (Judge or nominated AAT member may revoke
warrant where section 51 contravened) or 57 (Revocation of warrant by chief officer
of other agency)
s9 8 s 10
Terrorism and Organised Crime Surveillance
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(i) the Commonwealth Act, part IX, division 25 1
requires to be set out in the Commonwealth 2
Minister's report under that division relating to the 3
year ending on that 30 June; and 4
(ii) can be derived from the authority's records. 5
(2) A report under subsection (1)(c) must include a statement of 6
the total expenditure, including expenditure of a capital 7
nature, incurred by the eligible authority in connection with 8
the execution of warrants during the year to which the report 9
relates. 10
9 Documents to be given by State Minister to 11
Commonwealth Minister 12
The Minister must give the Commonwealth Minister-- 13
(a) a copy of a warrant issued to an eligible authority; or 14
(b) a copy of an instrument revoking a warrant issued to an 15
eligible authority; or 16
(c) a report of a type mentioned in section 8(1)(b) or (c); 17
as soon as practicable after a copy of the warrant or 18
instrument or the report is given to the Minister. 19
10 Keeping and destruction of restricted records 20
(1) The chief officer of an eligible authority must cause a 21
restricted record in the possession of the authority to be kept, 22
except when it is being otherwise dealt with under the 23
Commonwealth Act and this Act, in a secure place where it is 24
not accessible to persons other than persons who are entitled 25
to deal with it. 26
(2) Subsection (1) applies whether the restricted record was made 27
before or after the commencement of the Commonwealth Act, 28
section 35.6 29
5 Commonwealth Act, part IX (Reports about interceptions under parts V and VI),
division 2 (Reports by the Minister)
6 Commonwealth Act, section 35 (Preconditions for declaration)
s 11 9 s 12
Terrorism and Organised Crime Surveillance
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(3) The chief officer of an eligible authority must cause a 1
restricted record of a type mentioned in subsection (1) to be 2
destroyed immediately if the chief officer is satisfied the 3
restricted record is not likely to be required for a permitted 4
purpose in relation to the authority, other than a purpose 5
connected with an inspection of the type mentioned in 6
section 127 or with a report on that type of inspection. 7
Part 3 Functions and powers of 8
principal inspector 9
11 General functions and powers 10
The principal inspector-- 11
(a) may inspect an eligible authority's records to ascertain 12
the extent of compliance by the authority's officers with 13
part 2;8 and 14
(b) must report to the Minister about the results of the 15
inspections; and 16
(c) may do anything necessary or convenient for the 17
performance of the functions mentioned in paragraphs 18
(a) and (b). 19
12 Regular inspections of an eligible authority's records 20
(1) The principal inspector must inspect an eligible authority's 21
records at least once before 1 July 2005 to ascertain the extent 22
to which the authority's officers have complied with part 2 23
since the commencement of this Act. 24
(2) The principal inspector must inspect an eligible authority's 25
records at least twice during each financial year beginning on 26
or after 1 July 2005 to ascertain the extent to which the 27
7 Section 12 (Regular inspections of an eligible authority's records)
8 Part 2 (Functions of eligible authority)
s 13 10 s 14
Terrorism and Organised Crime Surveillance
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authority's officers have complied with part 2 since the last 1
inspection under this part of the authority's records. 2
(3) The principal inspector may at any time inspect the eligible 3
authority's records to ascertain the extent to which the 4
authority's officers have complied with part 2 during any 5
period. 6
13 Reports 7
(1) The principal inspector, as soon as practicable, and in any 8
event before 1 October 2005, must report to the Minister in 9
writing, in relation to an eligible authority, about the results of 10
the inspection under section 12(1) of the authority's records. 11
(2) The principal inspector, as soon as practicable, and in any 12
event within 3 months after the end of each financial year, 13
must report to the Minister in writing, in relation to an eligible 14
authority, about the results of the inspections under 15
section 12(2), during that financial year, of the authority's 16
records. 17
(3) The principal inspector may, and if the Minister asks, must, 18
report to the Minister in writing at any time about the results 19
of an inspection under this part. 20
(4) If the principal inspector has given a report to the Minister 21
under subsection (1), (2) or (3), the principal inspector-- 22
(a) must give the Commonwealth Minister a notice that the 23
report has been given; and 24
(b) must give the chief officer of the eligible authority a 25
copy of the report. 26
14 Principal inspector may report on breaches 27
If, because of an inspection under this part of an eligible 28
authority's records, the principal inspector considers that an 29
officer of the authority has contravened the Commonwealth 30
Act or section 8(1)(a) or (b),9 the principal inspector may 31
9 Section 8 (Documents to be given by an eligible authority to the Minister)
s 15 11 s 16
Terrorism and Organised Crime Surveillance
Bill 2004
include a report on the contravention in the report on the 1
inspection. 2
15 Principal inspector's general powers for inspections 3
(1) For an inspection under this part of an eligible authority's 4
records, the principal inspector-- 5
(a) may, after notifying the chief officer of the authority, 6
enter premises occupied by the authority at any 7
reasonable time; and 8
(b) is entitled to have full and free access at all reasonable 9
times to all records of the authority; and 10
(c) despite any other law, may make copies of, and take 11
extracts from, records of the authority; and 12
(d) may require an officer of the authority to give the 13
principal inspector any information-- 14
(i) that the principal inspector considers necessary, 15
being information that is in the officer's 16
possession, or to which the officer has access; and 17
(ii) that is relevant to the inspection. 18
(2) The chief officer of the eligible authority must ensure that the 19
authority's officers give the principal inspector any help in 20
connection with the performance of the principal inspector's 21
functions under this part that the principal inspector 22
reasonably requires. 23
16 Power to obtain relevant information 24
(1) If the principal inspector has reason to believe that an officer 25
of an eligible authority is able to give information relevant to 26
an inspection under this part of the authority's records, 27
subsections (3) and (4) have effect. 28
(2) If the principal inspector has reason to believe that an officer 29
of the eligible authority is able to give information relevant to 30
an inspection under this part of the authority's records but 31
does not know the officer's identity, subsection (5) has effect. 32
s 17 12 s 17
Terrorism and Organised Crime Surveillance
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(3) The principal inspector may, by notice given to the officer, 1
require the officer to give the information to the principal 2
inspector-- 3
(a) by writing signed by the officer; and 4
(b) at a stated place and within a stated period. 5
(4) The principal inspector may, by notice given to the officer, 6
require the officer to attend-- 7
(a) before a stated inspecting officer; and 8
(b) at a stated place; and 9
(c) within a stated period or at a stated time on a stated day; 10
to answer questions relevant to the inspection. 11
(5) The principal inspector may, by notice given to the chief 12
officer of the authority, require the chief officer, or a person 13
nominated by the chief officer, to attend-- 14
(a) before a stated inspecting officer; and 15
(b) at a stated place; and 16
(c) within a stated period or at a stated time on a stated day; 17
to answer questions relevant to the inspection. 18
(6) The place, the period or the time and day, stated in a 19
requirement under this section must be reasonable, having 20
regard to the circumstances in which the requirement is made. 21
17 Principal inspector to be given information and 22
access despite other laws 23
(1) Despite any other law, a person is not excused from giving 24
information, answering a question, or giving access to a 25
document, required under this part, on the ground that giving 26
the information, answering the question, or giving access to 27
the document-- 28
(a) would contravene a law; or 29
(b) would be contrary to the public interest; or 30
(c) might tend to incriminate the person or make the person 31
liable to a penalty. 32
s 18 13 s 18
Terrorism and Organised Crime Surveillance
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(2) However-- 1
(a) the information, the answer, or the fact that the person 2
has given access to the document; and 3
(b) any information or thing, including a document, 4
obtained as a direct or indirect consequence of giving 5
the information, answering the question or giving access 6
to the document; 7
is not admissible in evidence against the person other than in a 8
prosecution for an offence against section 25.10 9
(3) Nothing in any other law prevents an officer of an eligible 10
authority from-- 11
(a) giving information to an inspecting officer, whether 12
orally or in writing and whether or not in answer to a 13
question; or 14
(b) giving an inspecting officer access to a record of the 15
authority; 16
for an inspection under this part of the authority's records. 17
(4) Nothing in any other law prevents an officer of an eligible 18
authority from making a record of information, or causing a 19
record of information to be made, for the purposes of giving 20
the information to a person as permitted by subsection (3). 21
18 Dealing with information for inspection and report 22
(1) This section applies if-- 23
(a) information is given to an inspecting officer, as 24
permitted by section 17(3) or this section, for an 25
inspection, or for a report on an inspection, under this 26
part of an eligible authority's records; or 27
(b) an inspecting officer obtains information because of 28
being given access to a record of the eligible authority, 29
as permitted by section 17(3), for an inspection under 30
this part of an authority's records. 31
10 Section 25 (Offences relating to inspections under pt 3)
s 19 14 s 21
Terrorism and Organised Crime Surveillance
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(2) The inspecting officer may, despite any other law, give to 1
another inspecting officer, make use of, or make a record of, 2
the information for an inspection, or for a report on an 3
inspection, under this part of the authority's records. 4
19 Inspecting officer not to be sued 5
Subject to section 21,11 an inspecting officer, or a person 6
acting under an inspecting officer's direction or authority, is 7
not liable to an action, suit or proceeding for or in relation to 8
an act done, or omitted to be done, in good faith and without 9
negligence in the performance, or the purported performance, 10
of a function conferred by this part. 11
20 Delegation by principal inspector 12
(1) The principal inspector may delegate to an appropriately 13
qualified inspecting officer any of the principal inspector's 14
powers under this Act, other than a power to report to the 15
Minister. 16
(2) A delegate must, if asked by a person affected by the exercise 17
of a power delegated to the delegate, produce the instrument 18
of delegation, or a copy of the instrument, for the person's 19
inspection. 20
(3) In this section-- 21
appropriately qualified includes having the qualifications, 22
experience or standing necessary to exercise the power. 23
24
Example of standing--
25
The level at which an inspecting officer is employed.
21 Confidentiality provisions relating to inspecting officer 26
(1) Anything that a person has done or omitted to do in the 27
capacity of inspecting officer under this part is not to be 28
included in a report made under an Act by the person in his or 29
11 Section 21 (Confidentiality provisions relating to inspecting officer)
s 21 15 s 21
Terrorism and Organised Crime Surveillance
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her capacity as the public interest monitor or as the holder of 1
an office under another Act. 2
(2) Subject to section 17,12 a person must not record or disclose 3
information that was obtained by anyone under a warrant and 4
that came to the person's knowledge because the person is or 5
was an inspecting officer. 6
Maximum penalty--100 penalty units or 2 years 7
imprisonment. 8
(3) Subsection (2) does not-- 9
(a) prevent the principal inspector from disclosing in a 10
report under section 13 or 1413 matters that the principal 11
inspector considers ought to be disclosed for the 12
purpose of stating the grounds for the conclusions and 13
recommendations in the report; or 14
(b) otherwise prevent a person from recording or disclosing 15
information for the discharge of his or her functions 16
under this Act. 17
(4) A person is not compellable in any proceeding to disclose 18
information that was obtained by anyone under a warrant and 19
that came to the person's knowledge because the person is or 20
was an inspecting officer. 21
(5) If-- 22
(a) subsection (2) or (4) applies to information within a 23
person's knowledge; and 24
(b) the information also came to the person's knowledge 25
because the person is or was engaged in the 26
administration of another Act; 27
the subsection applies despite provisions of the other Act that 28
may allow the person to record, disclose or in a proceeding be 29
compelled to disclose, the information. 30
12 Section 17 (Principal inspector to be given information and access despite other
laws)
13 Section 13 (Reports) or 14 (Principal inspector may report on breaches)
s 22 16 s 24
Terrorism and Organised Crime Surveillance
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22 Exchange of information between principal inspector 1
and Commonwealth ombudsman 2
(1) The principal inspector may give to the Commonwealth 3
ombudsman information that-- 4
(a) relates to a Commonwealth agency; and 5
(b) was obtained by the principal inspector under this Act. 6
(2) The principal inspector may give information to the 7
Commonwealth ombudsman under subsection (1) only if the 8
principal inspector is satisfied the giving of the information is 9
necessary to enable the ombudsman to perform the 10
ombudsman's functions in relation to the Commonwealth 11
agency. 12
(3) The principal inspector may receive from the Commonwealth 13
ombudsman information relevant to the performance of the 14
principal inspector's functions under this Act. 15
Part 4 Miscellaneous 16
23 Copies of reports for Commonwealth Minister 17
As soon as practicable after a report is given to the Minister 18
under section 13,14 the Minister must give the Commonwealth 19
Minister a copy of the report. 20
24 General confidentiality provision 21
(1) A person who is or was engaged in the administration of this 22
Act must not disclose any information or record obtained by 23
the person because he or she is or was engaged in the 24
administration of this Act, unless the disclosure is made-- 25
(a) under the Commonwealth Act; or 26
(b) for a proceeding under-- 27
14 Section 13 (Reports)
s 25 17 s 25
Terrorism and Organised Crime Surveillance
Bill 2004
(i) the Commissions of Inquiry Act 1950; or 1
(ii) the Crime and Misconduct Act 2001; or 2
(c) for the discharge of the person's functions under this 3
Act. 4
Maximum penalty--100 penalty units or 2 years 5
imprisonment. 6
(2) Subsection (1) does not apply to a disclosure of information or 7
a record by a person who is or was an inspecting officer. 8
9
Note--
10
Disclosure by a person who is or was an inspecting officer is dealt with
11
under section 21.
(3) Also, subsection (1) applies despite the provisions of another 12
Act that may allow a person to disclose the information or a 13
record obtained by the person because he or she is or was 14
engaged in the administration of the other Act. 15
25 Offences relating to inspections under pt 3 16
(1) A person must not, without reasonable excuse, refuse or fail-- 17
(a) to attend before a person; or 18
(b) to give information; or 19
(c) to answer a question; 20
when required to do so under section 16.15 21
Maximum penalty--20 penalty units or 6 months 22
imprisonment. 23
(2) A person must not-- 24
(a) without reasonable excuse, wilfully obstruct a person in 25
connection with the exercise of the principal inspector's 26
functions under part 3; or 27
(b) give an inspecting officer, in connection with an 28
inspection under part 3, information or a statement that 29
15 Section 16 (Power to obtain relevant information)
s 26 18 s 28
Terrorism and Organised Crime Surveillance
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the person knows to be false or misleading in a material 1
particular.16 2
Maximum penalty--20 penalty units or 6 months 3
imprisonment. 4
(3) A complaint for an offence against subsection (2)(b) may state 5
that information or a statement was `false or misleading', 6
without stating which. 7
26 Proceeding for offence 8
(1) A proceeding for an offence against this Act must be taken in 9
a summary way under the Justices Act 1886. 10
(2) A proceeding may be started within-- 11
(a) 1 year after the offence is committed; or 12
(b) 1 year after the offence comes to the complainant's 13
knowledge, but within 2 years after the offence is 14
committed. 15
27 Regulation-making power 16
The Governor in Council may make regulations under this 17
Act. 18
28 Attachment 19
(1) An attachment containing provisions of the Commonwealth 20
Act referred to in definitions in this Act is attached to this Act. 21
(2) The attachment is not part of this Act. 22
(3) The attachment must be revised so that it is an accurate copy 23
of the provisions as amended from time to time. 24
(4) The revision under subsection (3) must happen in the first 25
reprint of this Act after an amendment of a provision 26
contained in the attachment. 27
16 Part 3 (Functions and powers of principal inspector)
19
Terrorism and Organised Crime Surveillance
Bill 2004
(5) The accompanying notes in the attachment may also be 1
revised. 2
20
Terrorism and Organised Crime Surveillance
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Schedule Dictionary 1
section 4 2
agency means-- 3
(a) the Australian Crime Commission; or 4
(b) the Australian Federal Police; or 5
(c) the Crime and Misconduct Commission; or 6
(d) the Queensland Police Service; or 7
(e) any of the following for which a declaration under the 8
Commonwealth Act, section 3417 is in force-- 9
(i) the police force of another State; 10
(ii) an authority of the State or another State. 11
certifying officer, for an eligible authority, means-- 12
(a) for the Queensland Police Service-- 13
(i) the police commissioner; or 14
(ii) a person holding rank under the Police Service 15
Administration Act 1990 as deputy commissioner 16
of the police service; or 17
(b) for the Crime and Misconduct Commission--a 18
commissioner. 19
chief officer, of an eligible authority, means-- 20
(a) for the Queensland Police Service--the police 21
commissioner; or 22
(b) for the Crime and Misconduct Commission--the 23
chairperson of the commission. 24
Commonwealth Act means the Telecommunications 25
(Interception) Act 1979. 26
17 Commonwealth Act, section 34 (Declaration of an eligible authority of a State as an
agency)
21
Terrorism and Organised Crime Surveillance
Bill 2004
Schedule (continued)
Commonwealth Minister means the Minister administering 1
the Commonwealth Act. 2
deputy public interest monitor means a deputy public interest 3
monitor under-- 4
(a) the Police Powers and Responsibilities Act 2000; or 5
(b) the Crime and Misconduct Act 2001. 6
eligible authority means-- 7
(a) the Crime and Misconduct Commission; or 8
(b) the Queensland Police Service. 9
inspecting officer means the public interest monitor or a 10
deputy public interest monitor. 11
lawfully obtained information see the Commonwealth Act, 12
section 6E.18 13
notice means written notice. 14
obstruct includes the following-- 15
(a) hinder or resist; 16
(b) attempt to obstruct. 17
officer, of an eligible authority, means-- 18
(a) for the Crime and Misconduct Commission--a 19
commission officer or an employee of the commission; 20
or 21
(b) for the Queensland Police Service--a police officer. 22
part 6 warrant means a warrant issued or to be issued under 23
the Commonwealth Act, part 6.19 24
permitted purpose, for an eligible authority, see the 25
Commonwealth Act, section 5.20 26
18 See the attachment, item 1.
19 Commonwealth Act, Part VI (Warrants authorising agencies to intercept
telecommunications)
20 See the attachment, items 2 to 5.
22
Terrorism and Organised Crime Surveillance
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Schedule (continued)
police commissioner means the commissioner of the police 1
service under the Police Service Administration Act 1990. 2
possession includes the following-- 3
(a) custody; 4
(b) control. 5
premises includes the following-- 6
(a) land; 7
(b) a structure, building, aircraft, vehicle, vessel or place, 8
whether built or not; 9
(c) part of a structure, building, aircraft, vehicle, vessel or 10
place, whether built or not. 11
principal inspector means the public interest monitor. 12
public interest monitor means the public interest monitor 13
under-- 14
(a) the Police Powers and Responsibilities Act 2000; or 15
(b) the Crime and Misconduct Commission Act 2001. 16
restricted record see the Commonwealth Act, section 5. 21
17
warrant means a warrant issued under the Commonwealth 18
Act. 19
21 See the attachment, item 8.
23
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment Extracts from the 1
Commonwealth Act 2
section 28 3
1 Commonwealth Act, section 6E-- 4
`6E Lawfully obtained information 5
`(1) Subject to subsection (2), a reference in this Act to lawfully 6
obtained information is a reference to information obtained 7
(whether before or after the commencement of this section) by 8
intercepting, otherwise than in contravention of subsection 9
7(1), a communication passing over a telecommunications 10
system. 11
`(2) A reference in this Act to lawfully obtained information that 12
was originally obtained by an agency, or by an eligible 13
authority of a State, is a reference to: 14
(a) information obtained, whether before or after the 15
commencement of this section, by intercepting a 16
communication under a warrant issued to the agency or 17
authority; or 18
(b) information communicated to the agency or authority in 19
accordance with section 65A.'. 20
21
Notes--
22
1. The reference to subsection 7(1) is a reference to the provision in
23
the Commonwealth Act that generally prohibits interception of
24
telecommunications.
25
2. Section 65A of the Commonwealth Act authorises an employee of a
26
carrier to communicate particular information to an officer of an
27
agency for a purpose or purposes connected with an investigation
28
by the agency of a serious offence.
2 Commonwealth Act, section 5 (Interpretation), definition 29
permitted purpose-- 30
`permitted purpose, in relation to an agency, or an eligible 31
Commonwealth authority or an eligible authority of a State, 32
means a purpose connected with: 33
24
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(a) in any case: 1
(i) an investigation by the agency or eligible authority 2
of a prescribed offence; 3
(ii) the making by an authority, body or person of a 4
decision whether or not to begin a relevant 5
proceeding in relation to the agency or eligible 6
authority; 7
(iii) a relevant proceeding in relation to the agency or 8
eligible authority; 9
(iv) the exercise by the chief officer of the agency or 10
eligible authority of the powers conferred by 11
section 68; or 12
(v) the keeping of records by the agency under Part 13
VIII, or by the eligible authority under provisions 14
of a law of the State that impose on the chief 15
officer of the authority requirements corresponding 16
to those imposed on the Chief Executive Officer of 17
the ACC by subsections 80(2), 81(2) and 81(3); 18
(aa) in the case of the ACC: 19
(i) an ACC operation/investigation; or 20
(ii) a report to the board of the ACC on the outcome of 21
such an operation or investigation; 22
(b) in the case of the Australian Federal Police: 23
(i) an investigation of, or an inquiry into, alleged 24
misbehaviour, or alleged improper conduct, of an 25
officer of the Commonwealth, being an 26
investigation or inquiry under a law of the 27
Commonwealth or by a person in the person's 28
capacity as an officer of the Commonwealth; 29
(ii) a report on such an investigation or inquiry; 30
(iia) the making by a person of a decision under the 31
Australian Federal Police Act 1979 in relation to 32
the engagement of an AFP employee, the 33
retirement of an AFP employee or the termination 34
25
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
of the employment of an AFP employee or in 1
relation to the appointment or the termination of 2
the appointment of a special member of the 3
Australian Federal Police; 4
(iib) a review (whether by way of appeal or otherwise) 5
of such a decision; 6
(iii) the tendering to the Governor-General of advice to 7
terminate, because of misbehaviour or improper 8
conduct, the appointment of an officer of the 9
Commonwealth; or 10
(iv) deliberations of the Executive Council in 11
connection with advice to the Governor-General to 12
terminate, because of misbehaviour or improper 13
conduct, the appointment of an officer of the 14
Commonwealth; 15
(ba) in the case of an eligible Commonwealth authority: 16
(i) an investigation that the Commonwealth Royal 17
Commission concerned is conducting in the course 18
of the inquiry it is commissioned to undertake; or 19
(ii) a report on such an investigation; 20
(c) in the case of the Police Force of a State: 21
(i) an investigation of, or an inquiry into, alleged 22
misbehaviour, or alleged improper conduct, of an 23
officer of that State, being an investigation or 24
inquiry under a law of that State or by a person in 25
the person's capacity as an officer of that State; 26
(ii) a report on such an investigation or inquiry; 27
(iia) the making by a person of a decision in relation to 28
the appointment, re-appointment, term of 29
appointment, retirement or termination of 30
appointment of an officer or member of staff of 31
that Police Force; 32
(iib) a review (whether by way of appeal or otherwise) 33
of such a decision; 34
26
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(iii) the tendering to the Governor of that State of 1
advice to terminate, because of misbehaviour or 2
improper conduct, the appointment of an officer of 3
that State; or 4
(iv) deliberations of the Executive Council of that State 5
in connection with advice to the Governor of that 6
State to terminate, because of misbehaviour or 7
improper conduct, the appointment of an officer of 8
that State; or 9
(d) in the case of an eligible authority of a State: 10
(i) an inspection of the authority's records that is 11
made under a requirement of the law of that State, 12
being a requirement of the kind referred to in 13
paragraph 35(1)(h); or 14
(ii) a report on such an inspection; or 15
(e) in the case of the Police Integrity Commission: 16
(i) an investigation under the Police Integrity 17
Commission Act of police misconduct of an officer 18
of the New South Wales Police Service; or 19
(ii) a report on such an investigation; or 20
(iii) the tendering to the Governor of New South Wales 21
of advice to terminate, because of misbehaviour or 22
improper conduct, the appointment of the 23
Commissioner of the New South Wales Police 24
Service; or 25
(iv) deliberations of the Executive Council of New 26
South Wales in connection with advice to the 27
Governor of that State to terminate, because of 28
misbehaviour or improper conduct, the 29
appointment of the Commissioner of the New 30
South Wales Police Service; or 31
(f) in the case of the Anti-Corruption Commission: 32
(i) an investigation under the Anti-Corruption 33
Commission Act into alleged corrupt conduct, 34
27
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
criminal conduct, criminal involvement or serious 1
improper conduct by a police officer or other 2
public officer; or 3
(ii) a report on such an investigation; or 4
(g) in the case of the Corruption and Crime Commission: 5
(i) an investigation under the Corruption and Crime 6
Commission Act into whether misconduct (within 7
the meaning of that Act) has or may have occurred, 8
is or may be occurring, is or may be about to occur, 9
or is likely to occur; or 10
(ii) a report of such an investigation; or 11
(h) in the case of the Parliamentary Inspector of the 12
Corruption and Crime Commission--dealing with a 13
matter of misconduct (within the meaning of the 14
Corruption and Crime Commission Act) on the part of 15
the Corruption and Crime Commission, an officer of the 16
Corruption and Crime Commission or an officer of the 17
Parliamentary Inspector of the Corruption and Crime 18
Commission.'. 19
20
Notes--
21
1. A prescribed offence is an offence defined under the provisions of
22
the Commonwealth Act set out in items 3 to 6.
23
2. A relevant proceeding is a proceeding defined under the provisions
24
of the Commonwealth Act set out in item 7.
25
3. Section 68 of the Commonwealth Act authorises the chief officer of
26
an agency to provide information to other agencies.
27
4. The reference to subsections 80(2), 81(2) and 81(3) is a reference to
28
the provisions of the Commonwealth Act that correspond to
29
sections 6 and 7 of the Queensland Act.
30
5. The reference to paragraph 35(1)(h) is a reference to a provision of
31
the Commonwealth Act that requires, for a declaration that an
32
agency of the State is an eligible authority for the purposes of the
33
Commonwealth Act, regular inspections under laws of the State of
34
the type prescribed by part 3 of the Queensland Act.
28
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
3 Commonwealth Act, section 5 (Interpretation), definition 1
prescribed offence-- 2
`prescribed offence means: 3
(a) a serious offence; 4
(b) an offence against subsection 7(1) or section 63; 5
(c) an offence against a provision of Part VIIB of the 6
Crimes Act 1914; 7
(d) any other offence punishable by imprisonment for life or 8
for a period, or maximum period, of at least 3 years; or 9
(e) an ancillary offence relating to an offence of a kind 10
referred to in paragraph (a), (b), (c) or (d) of this 11
definition.'. 12
13
Notes--
14
1. The reference to subsection 7(1) is a reference to the provision of
15
the Commonwealth Act that generally prohibits interception of
16
telecommunications.
17
2. Section 63 of the Commonwealth Act prohibits disclosure of
18
information obtained under the Act.
4 Commonwealth Act, section 5 (Interpretation), definition 19
serious offence-- 20
`serious offence, means an offence that is or has been a class 21
1 offence or a class 2 offence.'. 22
5 Commonwealth Act, section 5 (Interpretation), definition 23
class 1 offence-- 24
`class 1 offence means: 25
(a) a murder, or an offence of a kind equivalent to murder; 26
or 27
(b) a kidnapping, or an offence of a kind equivalent to 28
kidnapping; or 29
(c) a narcotics offence; or 30
29
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(ca) an offence constituted by conduct involving an act or 1
acts of terrorism; or 2
(cb) an offence against Division 72, 101, 102 or 103 of the 3
Criminal Code; or 4
(d) an offence constituted by: 5
(i) aiding, abetting, counselling or procuring the 6
commission of; 7
(ii) being, by act or omission, in any way, directly or 8
indirectly, knowingly concerned in, or party to, the 9
commission of; or 10
(iii) conspiring to commit; 11
an offence of a kind referred to in paragraph (a), (b) or 12
(c), (ca) or (cb); 13
and, except for the purposes of an application for a warrant by 14
an agency other than the ACC, includes an offence in relation 15
to which the ACC is conducting a special investigation.'. 16
6 Commonwealth Act, section 5D-- 17
`5D Class 2 offences 18
`Class 2 offences 19
`(1) This section sets out the offences that are class 2 offences for 20
the purposes of this Act. 21
`Serious offences etc. 22
`(2) An offence is a class 2 offence if: 23
(a) it is an offence punishable by imprisonment for life or 24
for a period, or maximum period, of at least 7 years; and 25
(b) the particular conduct constituting the offence involved, 26
involves or would involve, as the case requires: 27
(i) loss of a person's life or serious risk of loss of a 28
person's life; or 29
(ii) serious personal injury or serious risk of serious 30
personal injury; or 31
30
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(iii) serious damage to property in circumstances 1
endangering the safety of a person; or 2
(iiia) serious arson; or 3
(iv) trafficking in prescribed substances; or 4
(v) serious fraud; or 5
(vi) serious loss to the revenue of the Commonwealth, 6
a State or the Australian Capital Territory; or 7
(vii) bribery or corruption of, or by: 8
(A) an officer of the Commonwealth; or 9
(B) an officer of a State; or 10
(C) an officer of a Territory; or 11
(viii) the production, publication, possession, supply or 12
sale of, or other dealing in, child pornography; or 13
(ix) consenting to or procuring the employment of a 14
child, or employing a child, in connection with 15
child pornography. 16
`Offences involving planning and organisation 17
`(3) An offence is also a class 2 offence if it is an offence 18
punishable by imprisonment for life or for a period, or 19
maximum period, of at least 7 years, where the offence: 20
(a) involves 2 or more offenders and substantial planning 21
and organisation; and 22
(b) involves, or is of a kind that ordinarily involves, the use 23
of sophisticated methods and techniques; and 24
(c) is committed, or is of a kind that is ordinarily 25
committed, in conjunction with other offences of a like 26
kind; and 27
(d) consists of, or involves, any of the following: 28
(i) theft; 29
(ii) handling of stolen goods; 30
(iii) tax evasion; 31
31
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(iv) currency violations; 1
(v) extortion; 2
(vi) bribery or corruption of, or by: 3
(A) an officer of the Commonwealth; or 4
(B) an officer of a State; or 5
(C) an officer of a Territory; 6
(vii) bankruptcy violations; 7
(viii) company violations; 8
(ix) harbouring criminals; 9
(x) dealings in firearms or armaments; 10
(xi) a sexual offence against a person who is under 16 11
(including an offence against Part IIIA of the 12
Crimes Act 1914); 13
(xii) an immigration offence. 14
`Offences relating to people smuggling with exploitation, 15
slavery, sexual servitude, and deceptive recruiting 16
`(3A) An offence is also a class 2 offence if it is an offence against: 17
(a) section 73.2; or 18
(b) a provision of Division 27O; 19
of the Criminal Code. 20
`Money laundering offences etc. 21
`(4) An offence is also a class 2 offence if it is an offence against 22
any of the following provisions: 23
(a) Part 10.2 of the Criminal Code (other than section 24
400.9); 25
(aa) section 135.3 of the Criminal Code; 26
(b) section 73 of the Confiscation of Proceeds of Crime Act 27
1989 of New South Wales; 28
(c) section 122 of the Confiscation Act 1997 of Victoria; 29
32
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(d) section 64 of the Crimes (Confiscation of Profits) Act 1
1989 of Queensland; 2
(e) section 563A of The Criminal Code of Western 3
Australia; 4
(f) section 10b of the Crimes (Confiscation of Profits) Act 5
1986 of South Australia; 6
(g) section 67 of the Crime (Confiscation of Profits) Act 7
1993 of Tasmania; 8
(h) section 74 of the Proceeds of Crime Act 1991 of the 9
Australian Capital Territory. 10
`Cybercrime offences etc. 11
`(5) An offence is also a class 2 offence if it is an offence against 12
any of the following provisions: 13
(a) Part 10.7 of the Criminal Code; 14
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I 15
of the Crimes Act 1900 of New South Wales; 16
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H 17
of the Crimes Act 1958 of Victoria; 18
(d) a provision of a law of a State (other than New South 19
Wales or Victoria) that corresponds to a provision 20
covered by paragraph (a), (b) or (c); 21
(e) a provision of a law of a Territory that corresponds to a 22
provision covered by paragraph (a), (b) or (c); 23
(f) section 440A of The Criminal Code of Western 24
Australia. 25
`Offences connected with other class 2 offences 26
`(6) An offence is also a class 2 offence if it is an offence 27
constituted by: 28
(a) aiding, abetting, counselling or procuring the 29
commission of; or 30
33
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
(b) being, by act or omission, in any way, directly or 1
indirectly, knowingly concerned in, or party to, the 2
commission of; or 3
(c) conspiring to commit; 4
an offence that is a class 2 offence under any of the preceding 5
subsections. 6
`Officer of a State 7
`(7) Despite subsection 6G(3), a reference in this section to an 8
officer of a State includes a reference to an officer of the 9
Police Force of a State.'. 10
7 Commonwealth Act, section 6L-- 11
`6L Relevant proceeding 12
`(1) A reference in this Act, in relation to an agency, or an eligible 13
authority of a State, to a relevant proceeding is, in the case of 14
the Australian Federal Police or a Police Force of a State, a 15
reference to: 16
(a) a proceeding by way of a prosecution for a prescribed 17
offence that is an offence against a law of the 18
Commonwealth, or of that State, as the case may be; 19
(b) a proceeding under a law of the Commonwealth, or of 20
that State, as the case may be, for the confiscation or 21
forfeiture of property, or for the imposition of a 22
pecuniary penalty, in connection with the commission of 23
a prescribed offence; 24
(c) a proceeding for the taking of evidence as mentioned in 25
paragraph 5B(c), in so far as the proceeding relates to: 26
(i) a prescribed offence; or 27
(ii) a prescribed offence that is an offence against a law 28
of that State; 29
as the case may be; 30
(d) a proceeding for the extradition of a person as 31
mentioned in paragraph 5B(d), in so far as the 32
34
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
proceeding relates to a prescribed offence that is an 1
offence against a law of the Commonwealth, or of that 2
State, as the case may be; 3
(e) a police disciplinary proceeding that is a proceeding 4
against a member of the Australian Federal Police, or of 5
that Police Force, as the case may be; or 6
(ea) in the case of the Australian Federal Police: 7
(i) a proceeding against an AFP employee in so far as 8
the proceeding relates to a decision by the 9
Commissioner of Police to terminate the 10
employment of the employee; or 11
(ii) a proceeding against a special member of the 12
Australian Federal Police in so far as the 13
proceeding relates to a decision by the 14
Commissioner of Police to terminate the 15
appointment of the member; or 16
(eb) in the case of a Police Force of a State--a proceeding 17
against an officer or member of staff of that Police Force 18
in so far as the proceeding relates to a decision by the 19
Commissioner of that Police Force to terminate the 20
appointment of the officer or member of staff; or 21
(f) any other proceeding (not being a proceeding by way of 22
a prosecution for an offence) in so far as it relates to 23
alleged misbehaviour, or alleged improper conduct, of 24
an officer of the Commonwealth, or of that State, as the 25
case may be. 26
`(2) A reference in this Act, in relation to an agency, or an eligible 27
authority of a State, to a relevant proceeding is: 28
(a) in the case of the ACC--a reference to: 29
(i) a proceeding by way of a prosecution for a 30
prescribed offence to which a prescribed 31
investigation relates or related; or 32
(ii) a proceeding under a law of the Commonwealth or 33
a State for the confiscation or forfeiture of 34
property, or for the imposition of a pecuniary 35
35
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
penalty, in connection with the commission of a 1
prescribed offence to which a prescribed 2
investigation relates or related; or 3
(b) in the case of the Crime Commission, the Independent 4
Commission Against Corruption, the Police Integrity 5
Commission or the Inspector of the Police Integrity 6
Commission--a reference to a proceeding by way of a 7
prosecution for a prescribed offence: 8
(i) that is an offence against the law of New South 9
Wales; and 10
(ii) to which a prescribed investigation relates or 11
related; or 12
(c) in the case of the Crime and Misconduct 13
Commission--a reference to: 14
(i) a proceeding by way of a prosecution for a 15
prescribed offence that is an offence against the 16
law of Queensland and to which a prescribed 17
investigation relates or related; or 18
(ii) a proceeding under a law of Queensland for the 19
confiscation or forfeiture of property, or for the 20
imposition of a pecuniary penalty, in connection 21
with the commission of a prescribed offence; or 22
(d) in the case of the Anti-Corruption Commission, the 23
Royal Commission into Police Corruption, the 24
Corruption and Crime Commission or the Parliamentary 25
Inspector of the Corruption and Crime Commission--a 26
reference to a proceeding by way of a prosecution for a 27
prescribed offence: 28
(i) that is an offence against the law of Western 29
Australia; and 30
(ii) to which a prescribed investigation relates or 31
related.'. 32
33
Note--
34
The references to proceedings mentioned in paragraphs 5B(c) and (d)
35
are references to extradition proceedings.
36
Terrorism and Organised Crime Surveillance
Bill 2004
Attachment (continued)
8 Commonwealth Act, section 5 (Interpretation), definition 1
restricted record-- 2
`restricted record means a record other than a copy, that was 3
obtained by means of an interception, whether or not in 4
contravention of subsection 7(1), of a communication passing 5
over a telecommunications system.'. 6
7
Note--
8
The reference to subsection 7(1) is a reference to the provision of the
9
Commonwealth Act that generally prohibits interception of
10
telecommunications.
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